Elk in Rocky Mountain National Park
 
> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 01/26/09  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, January 26, 2009

 

LAND USE HEARING

 

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

 

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

 

Chair Rennels addressed the audience and explained that the following items were on today’s consent agenda would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         CRYSTAL LAKES 5TH FILING LOTS 64 AND 65 AMENDED PLAT, FILE #08-S2800:  This is a request is to amend the plat of Crystal Lakes 5th Filing, Lots 64 & 65, to adjust lot lines for future expansion and distance for setback area.

 

Staff has found that 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 and meets the requirements of the Larimer County Land Use Code. Therefore, staff recommends approval of the Amended Plat of Lots 64 & 65 of Crystal Lakes 5th Filing, file #08-S2800, 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 July 26, 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 provide current ownership information and a revised ownership and encumbrance report for any lot that has been sold during this process.

 

2.         R. DON BURTON EXEMPTION PARCELS B, C, AND D AMEDED PLAT, FILE #08-S2849:  This is a request to amend the R. Don Burton exemption plat to adjust Parcels B & C to reflect current usage and to realign common property lines with current uses.

 

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

 

Staff recommends approval of the Amended Plat of Parcels B & C of the R. Don Burton Exemption, file # 08-S2849, 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 July 26, 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.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Consent Agenda for January 26, 2009.

 

Motion carried 3-0.

 

3.         W.O.L.F. ANNUAL REPORT: This is a formal recognition and receipt of the W.O.L.F. annual report. One of the stipulations of the W.O.L.F. Special Review approval is the requirement for annual reporting to the county by the facility operators. There is no action required by the Board of County Commissioners on this report. 

 

The stipulation does not require any analysis by staff beyond examining the numbers of animals and the availing the public of an opportunity to comment, present information, or ask questions.

 

Staff would like to inform the Board that they have received several complaints with respect to noise at the W.O.L.F. facility over the last year.

 

Chair Rennels opened the hearing to public comment. Moby Wild and Kathryn Stowe addressed the Board and voiced their concerns about the building, fencing, and overall expansion that is taking place on the property.

 

Chair Rennels asked Mr. Helmick if county staff were permitted to visit the property to validate the claims of expansion. Mr. Helmick stated that within the terms of the agreement, they were granted permission to conduct periodic and un-announced inspections of the property.

 

Chair Rennels noted for the record that the county had received the 2008 annual report from W.O.L.F. as required by the agreement between W.O.L.F. and Larimer County.

 

4.         ART 342 SPECIAL EXCEPTION, FILE #08-Z1705:  This is a request for approval of a Special Exception to allow an artist retreat with five studios and on-site accommodations to be located on a lot zoned for single-family residential use.

 

This item appeared before the Planning Commissioner on December 17, 2008. Prior to that hearing, staff and the applicant reached agreement on a recommended set of conditions for approval. However, Special Exception requests are subject to a higher standard for approval in the Land Use Code than a Special Review.

 

The Planning Commission’s discussion focused in part on why construction of the building started without the use being approved.  Staff noted the artists were not yet occupying the site, so this is not a situation where an applicant is applying for approval “after the fact.” In addition, residential lot owners are allowed to build accessory structures without Special Exception approval, subject to the Building Code and other provisions in the Land Use Code. During the review, the applicant indicated, in writing, that he understood if the use was not approved, he could only use the accessory structure for his personal needs. 

 

Discussion also considered a recommendation from the Health Department regarding the requirement of a vaulted septic system from the sinks located within the artist’s studio. Condition 7, below, was amended to require all sanitary sewage from the studios (and the bathroom facility in the studio) be directed to a vault system. 

 

Staff recommends that the Art 342 Special Exception, file #08-Z1705, request for an artist retreat with five studios and on-site accommodations, be approved subject to the following conditions:

 

1.    Failure to comply with any conditions of the Special Exception approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners. 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 Art 342 Special Exception, file #08-Z1705, except as modified by the conditions of approval or agreement between the county and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record.

 

3.    The Art 342 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, 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 the 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 the county must retain legal counsel and/or pursue a court action to enforce the terms of this Special Exception approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees.

 

5.    The county may conduct periodic inspections of the property and periodic reviews of the status of the Special Exception as appropriate to monitor and enforce the terms of the Special Exception approval. The artist retreat is limited to no more than five artists at a single time, either living on site or coming to the site collectively. No on site sales of art work, art showings, or art instruction are allowed.

 

6.    The Regional Transportation Capital Expansion Fee shall be paid before commencement of the use and no later than 90-days after the date of approval. The applicant shall also obtain a Development Construction Permit and Access Permit subject to the same requirements.

 

7.    The applicant shall install a vault system for sewage generated from the artist studio building and provide for routine maintenance and pumping of the vault.  The vault must be installed during construction of the studio building. It shall be inspected and approved by the Larimer County Health Department prior to commencement of the use.

 

8.    The applicant shall revise the individual Sewage Disposal System Permit to account for the combined domestic flows anticipated from all the proposed uses, for review and approval prior to the commencement of the use.

 

9.    The applicant must provide evidence that a fire hydrant is available to the site, that shall not be farther than 1000-feet from any habitable structure, prior to commencement of the use. Should a fire hydrant not be available, the applicant must provide a hydrant for the site that is connected to the public water supply at the applicant’s expense within six months of the use being approved.

 

10.   The applicants shall comply with building code requirements and address all outstanding permit/inspection requirements for all structures on the site to include those not intended for the Special Exception use, prior to commencement of the use and no more than 90-days after the use is approved.

 

11.   The applicants must obtain written confirmation from the Jackson Ditch Company that they have no concerns regarding the use, prior to commencement of the use, as part of the final site plan review and no more than 90-days after the use is approved.

 

12.   The applicant shall revise the site plan to address the requirements of the Land Use Code as specified in the Development Services Team report for the Art 342 Special Exception, file #08-Z1705.

 

13.   The accessory modular residence shall be limited to a maximum of 800-square-feet in size. The modular use shall not be placed on a permanent foundation and must be removed within 90-days if the Special Exception use is vacated, or the applicant must obtain approval to retain use of the structure under the applicable regulations in place at that time. The modular residence is only for use of visiting artists, and not for use of the applicants, their family members, or friends visiting the applicant.

 

14.       Uses typically allowed in a single family residence are allowed in the existing residence only. Events or other functions related to the Special Exception use, are not allowed in the existing residence or the accessory structure used by the applicants for their own personal storage and hobby use. If ownership of the site is transferred to the Special Exception Use, all activities and uses on site are limited to those for the Special Exception as approved, and shall not include art sales, showings, instruction, or other special functions.

 

The applicant, Jim Franzen, addressed the Board and provided an overview of his vision for the Art 342 program. When questioned, Mr. Franzen stated he had no opposition to the conditions recommended by staff.  

 

Chair Rennels opened the hearing to public comment. Forest Greenough and Hailey Hasler spoke in favor of the application and the Art 342 program. Both Mr. Greenough and Ms. Hasler cited a lack of support for artists in the community and commended Mr. Franzen for his generosity. 

 

Alan Cram, nearby land owner, voiced his concerns about the construction on the property and whether or not the structures undergoing construction were up to code. Mr. Cram stated that the applicant continued construction after the county ordered him to stop, and has continued to work without the proper permits or inspections.

 

Mr. Franzen readdressed the Board and stated that he was continuing construction within the boundaries set forth by the Larimer County Planning Department.

 

Chair Rennels closed public comment.

 

Commissioner Donnelly questioned staff and the applicant about Mr. Cram’s accusations. Mr. Wheeler advised the Board that Mr. Cram had operated in accordance with the direction given by staff in the Planning Department. Mr. Wheeler also informed the Board that, if the Special Exception was approved, all permits would be issued at one time and inspections would be conducted after the completion of the project as a whole to limit redundancy.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Art 342 Special Exception, file #08-Z1705, subject to the conditions outlined above.

 

Motion carried 3-0.

 

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

 

 

Tuesday, January 27, 2009

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were: Frank Lancaster, County Manager; Gary Darling, Donna Hart and Deni LaRue, Commissioners’ Office; Rob Helmick, Planning Department; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Evelyn King addressed the Board regarding Senate Bill 2009-03, concerning automobile emissions. Ms. King presented statistics from the Colorado Air Quality Control Commissions’ report, focusing primarily on ozone standard reduction and violations that were detected at both the Fort Collins and the National Renewable Energy Laboratory monitoring sites. Ms. King also focused on the anticipated reduction in emissions over the next few years due to fleet turnover. Because this expected reduction is greater than the anticipated increase in emissions, she requested the Board oppose the bill.

 

Glen Johnson, resident of Rist Canyon, addressed the Board and requested the revocation of the W.O.L.F. Special Review approval. Mr. Johnson stated that since W.O.L.F. moved to the area, property values, neighborly relations, and road conditions have all declined. Mr. Johnson informed the Board that W.O.L.F. plans to expand the current operation and has been enlisting public help to do so. 

 

2.         REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 2, 2009:  Ms. Hart reviewed the upcoming schedule with the Board.

 

3.         APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 19, 2009:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of January 19, 2009.

 

Motion carried 3-0.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for January 27, 2009:

 

ABATEMENTS: As recommended by the County Assessor, the following Petitions for Abatement were presented for approval:  Omni Trax Leasing; Ted A. and Debi Smith. 

 

01272009A001           MINOR MODIFICATION TO THE INTERGOVERNMENTAL AGREEMENT REGARDING THE US 34/CROSSROADS CORRIDOR RENEWAL PLAN BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, CITY OF LOVELAND, CENTERRA METROPOLITAN DISTRICT NO. 1, CENTERRA PROPERTIES WEST LLC, AND LOVELAND URBAN RENEWAL AUTHORITY

 

01272009A002           FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE PEARL VISTA COUNSERVATION DEVELOPMENT, FILE #05-S2427, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, WARREN D. AND BARBARA J. KROEKER AND PEARL VISTA PROPERTY OWNER’S ASSOCIATION

 

01272009A003           2009 CDOT 5311 CONTRACT FOR RURAL LARIMER COUNTY TRANSIT SERVICES

 

01272009P001            BOARD OF COUNTY COMMISSIONERS DIVISION OF RESPONSIBILITIES

 

01272009R001           FINDINGS AND RESOLUTION APPROVING THE FORT COLLINS DRY DOCK MINOR SPECIAL REVIEW AND APPEALS

 

01272009R002           A RESOLUTION CANCELING 2006 TAXES DETERMINED TO BE UNCOLLECTIBLE

 

MISCELLANEOUS: Red Feather Lakes Community Library Board of Trustee Appointments: Rebecca Bizzell, Marilyn Colter, Maryanne Lyon, and Michelle Moon.

 

LIQUOR LICENSES: The following licenses were approved and issued: Masonville Store – 3.2% – Masonville; The Rock Inn – Hotel and Restaurant – Estes Park; and Windjammer Liquors – Retail Liquor Store – Loveland.

 

Motion carried 3-0.

 

5.         FUNDING FOR THE CRIMINAL JUSTICE SURVEY:  Mr. Darling, Ms. LaRue, and Dr. David Gilliland from Colorado State University, addressed the Board and requested $9,500, from the Commissioners’ Special Projects Fund, for the design and execution of a criminal justice survey. Ms. LaRue explained that the proposed survey would explore the reasons why ballot issue 1A failed to pass during the 2008 election, the results of which could be utilized in seeking future solutions to these ongoing challenges. 

 

Commissioner Johnson asked Dr. Gilliland to itemize the $9,500 fee. Dr. Gilliland stated $3,000 would be spent on designing the survey and testing its legitimacy; $4,000 would be applied towards making the phone calls and conducting the survey; and the remaining $2,500 would go towards analyzing the data collected.

 

Commissioner Donnelly questioned Dr. Gilliland about the validity of the results in a failing economy. Dr. Gilliland stated that a failure to commence the study soon could affect the public’s memory and skew the results; however, if the economy continues to worsen, the results of a survey conducted now may not be applicable in two years.

 

After some discussion, the Board advised Mr. Darling, Ms. LaRue, and Dr. Gilliland to re-focus the survey and re-present the revised proposal at a later date. The Board felt the most pertinent component of the survey should be the public’s perception towards “bundling” the mental health issues and jail funding, as had been done for the 2008 election, versus presenting each topic separately.

 

At this time Chair Rennels excused herself from the meeting. Chair Pro-Tem Johnson assumed control of the meeting through its conclusion.

 

6.         REPLACEMENT FOR COUNTY SURVEYOR:  Mr. Lancaster informed the Board that state statute requires the Board to appoint someone to fill the vacated position of County Surveyor within 90-days of the position becoming available. With this in mind, Mr. Lancaster asked the Board for direction in proceeding to fill the position.

 

The Board agreed to advertise the vacancy via the county website, as well as though word of mouth, interview qualified applicants, and appoint a replacement.

 

7.         QUARTERLY POLICY GOVERNANCE MONITORING REPORT:  In accordance with Board Policy 2.3, Mr. Lancaster reported that the prior quarter’s financial planning and budgeting were compliant with statutory requirements.

 

8.         LEGISLATIVE UPDATE:  Mr. Gluckman informed the Board that their meeting with local legislators had been rescheduled for Friday, February 6, 2009.

 

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

 

10.       COMMISSIONER ACTIVITY REPORTS:  The Board discussed events they attended during the previous week.

 

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

 

There being no further business, the meeting adjourned at 10:30 p.m.     

 

 

 

 

 

________________________________

                                    KATHAY C. RENNELS, CHAIR

BOARD OF COUNTYCOMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.