County Offices, Courts and the Landfill will be closed Monday, May 25 in observance of Memorial Day. Critical services at Larimer County will not be disrupted by this closure.
MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Johnson were present. Also present were: Jeff Goodell, Eric Tracy, and Ed Woodward, Engineering Department; Doug Ryan, Environmental Health Department; Rob Helmick, Linda Hoffman, Toby Stauffer, and Sean Wheeler, Planning Department; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.
Chair Johnson opened the hearing with the Pledge of Allegiance and asked for public comment on the Land Use Code and County Budget. No one from the audience addressed the Board regarding these topics.
Mr. Lafferty informed the Board that item #6, “Columbine Lodge Special Review and Appeals, file #09-Z1745,” has been rescheduled for 3:00 p.m. on June 17, 2010, at the request of the applicant; therefore, this item was removed from the agenda.
Chair Johnson explained the consent agenda items and Lonnie Sheldon, from Van Horn Engineering, requested the Board remove item #1, “Colorado Cherry Company Expansion of a Non-Conforming Use, file #10-Z1789,” as the applicant is not in agreement with staff regarding the conditions of approval.
Chair Johnson granted the request and the consent agenda was revised as follows:
2. HOLBROOK APPEAL, FILE #10-G0191: This is a request for an appeal to Section 4.3.2.I of the Larimer County Land Use Code, related to the use of a manufactured home as an accessory structure on a single-family residential lot. The applicant owns a 40-acre site that is divided by County Road #27 (Buckhorn Road) and is approximately 7.5-miles northwest of County Road #25E (Glade Road). The applicant seeks approval to use a manufactured home as an accessory structure workshop for stained glass and quilting projects. The applicant placed the manufactured home on the site in 1982 and used it as a residence until 2000, when a new home was constructed on the site. Between the time the new home was constructed and the present, the manufactured home has been used primarily for crafts and has fallen into disrepair.
Last year, the applicant inquired about the permits required to repair the manufactured home. She was advised that she would need to obtain approval of the proposed use from the Board of County Commissioners because approval of the building permit for the new residence was conditioned on the removal of the mobile home.
The site is in somewhat of a remote area and is not visible from county roads. In addition, no adjoining property owners have contacted staff with concerns or questions regarding this request and there has been no indication that the manufactured home is being rented or used for any purpose other than those described by the applicant.
Staff supports the appeals and concludes that the proposed use will not subvert the purposes of the code, be detrimental to the public, or impact property values in the neighborhood. Approval of the appeal is the minimum action necessary and will not result in any additional cost to the public; therefore, staff recommends approval of the Holbrook Appeal, file #10-G0191, subject to the following conditions:
1. Use of the mobile home shall be consistent with the information contained in the Holbrook Appeal, file #10-G0191, 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 Holbrook Appeal.
2. The applicant shall apply for a building permit within 90-days of the date of approval by the Board of County Commissioners, and shall have 18-months from the date of building permit application to complete the requirements.
3. Use of the mobile home is limited to private hobby or workshop uses, and shall not have any commercial element.
4. All appliances shall be removed and closet spaces converted to storage.
3. RIVERBLUFFS TRAILHEAD FLOODPLAIN SPECIAL REVIEW: This is a request from the Larimer County Department of Natural Resources to approve construction of a pedestrian bridge, trail, and parking lot in the floodplain of the Poudre River at the southeast corner of County Road 32E and County Road 3. The Land Use Code requires a recommendation of approval from the Flood Review Board and final approval from the Board of County Commissioners through a Floodplain Special Review.
The Flood Review Board met on Thursday, April 22, 2010, to review the hydraulic modeling report dated March 25, 2010. At that time, the Flood Review Board found the hydraulic analysis to be acceptable and a motion for favorable recommendation to the Board of County Commissioners was made.
4. CRAWFORD ACRES LOTS 16 & 17 AMENDED PLAT AMENDED CONDITIONS OF APPROVAL, FILE #10-S2938: This is a request to change the wording of condition #4 of the Crawford Acres amended plat, approved by the Board of County Commissioners on March 15, 2010, to vacate the Sunrise Court right-of-way and add the vacated portion of land to the adjacent properties, Lots 16 and 17 of Crawford Acres. The two lots and right-of-way are adjacent to Irish Elementary and due to the proximity to the school, some referral agencies requested that a pedestrian access easement remain in the vacated right-of-way. A condition was added to the amended plat to allow this access and the project was approved, without comment, by the Board of County Commissioners on March 15, 2010.
During the post approval phase of the project, when finalizing the plat for recording, the pedestrian easement came to the attention of the applicant. It was determined that proper notice of the easement and condition were not provided to the applicant. Further coordination with referral agencies confirmed that the easement was optional and could be left off of the plat.
The owners have requested that the wording of condition #4 be changed to: “A 14-foot utility easement will be shown on the final plat.” This change will allow the plat to be recorded without the pedestrian access easement, formalize discussion that staff has had with the applicant, owners, and referral agencies, and correct the record for this project.
Staff recommends approval of a change to the conditions on the Amended Plat of Lots 16 & 17, Crawford Acres and Sunrise Court Right-of-Way Vacation, file #10-S2938, as indicated below:
1. Condition #4 in the minutes and Findings and Resolution shall be amended to read: “A 14-foot utility easement will be shown on the final plat.”
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda, as outlined above.
Motion carried 3-0.
1. COLORADO CHERRY COMPANY EXPANSION OF A NON-CONFORMING USE, FILE #10-Z1789: This is a request for approval to convert the use of the subject site from a restaurant to a coffee shop and pie store to serve the immediate area, traveling public, and another Colorado Cherry Company site. The property is zoned O-Open and had been used for a number of years as a restaurant, which ceased operations during the last year. After the restaurant closed, the site was listed for sale and has changed possession frequently. Staff has determined that no abandonment of the use had occurred and if the applicant proposed to open only a restaurant, a review would not have been required; however, the proposed retail sales has caused an expansion of a non-conforming use. It should be noted that a part of the proposed use includes a small residential apartment on the lower level of the building. This apartment has been used to house employees in the past and the applicant proposes to continue this practice.
The Larimer County Land Use Code addresses the possibility of a change in a non-conforming use in the following way:
A nonconforming use, or a building/structure that contains a nonconforming use, cannot be extended, expanded, enlarged, or changed in character without the approval of the County Commissioners. In determining whether there has been a change in character of a use, building, or structure, the following factors may be considered:
1. Whether there has been a change in the nature, volume, intensity, frequency, quality, or degree of the use, building, or structure. (For example, has there been a significant increase in the number of employees or traffic volume; has there been a change in the days or hours of operation; or have the physical dimensions of the building or structure been increased);
2. Whether there has been a change in the activity, products, or services. (For example, a dog grooming facility that has been converted to a retail store for pet supplies could be considered a change in the character of the use);
3. Whether the new use, building, or structure reflects the nature and purpose of the prior use or structure. (For example, an air strip used for seasonal crop dusting operations that is subsequently used only for recreational parasailing could be considered a change in the character of the use);
4. Whether the new use is different in the kind of effect it has on the neighborhood. (For example, has there been a change in environmental influences on the neighborhood, such as light, noise, or air quality).
This proposal does constitute a change in use and the Board of County Commissioners is authorized by the Larimer County Land Use Code to make a determination regarding the change and it appropriateness.
Overall, the applicant proposes no changes to the building or the parking areas. The parking lot is currently graveled, which is not consistent with the current standards that require paving when the site is connected to a paved roadway.
The Larimer County Land Use Code and the building code require one handicapped parking space to be provided at the business site. The applicant has proposed the handicapped space in an area that would require patrons to cross one of the access drives. Neither the land use code, nor the building code support this configuration; therefore, at the time of building permit application, the applicants will need to provide at least one parking space that is compliant with the Americans with Disabilities Act and is adjacent to the building.
Staff recommends approval of the Colorado Cherry Company Nonconforming Use, file #10-Z1789, subject to the following conditions:
1. The use of the site shall be as described in the application materials. Any change or any other use shall be reviewed and evaluated by the Planning Department prior to being established.
2. The parking lot may continue as unpaved.
3. A handicapped parking spot shall be indicated and provided at the time of the building permits. The parking spot shall conform to the codes in effect at that time.
4. The applicant shall coordinate with the Pinewood Springs Fire Protection District for any required fire protection improvements to the structure.
Mr. Sheldon, engineer representing the applicant, requested the Board approve the application without condition #3, “A handicapped parking spot shall be indicated and provided at the time of the building permits. The parking spot shall conform to the codes in effect at that time.” Mr. Sheldon stated that paving the handicapped parking space would create an undue hardship on the applicant and would cause safety concerns during the winter months when snow and ice may cause the pavement to become slippery. Mr. Sheldon then played a short video of a handicapped patron in a wheelchair, being pushed across the unpaved parking lot, and into the building. Mr. Sheldon noted that in the video, the parking lot was muddy due to recent snow and rain, which illustrated that even during the least desirable conditions, disabled patrons could easily gain access to the building.
Mr. Tracy explained that the paved handicapped parking space is required, by code, for all commercial uses within the county and conforms with the requirements of the federal government as set forth by the Americans with Disabilities Act (ADA). Furthermore, Mr. Tracy noted that if the building were not ADA compliant, the applicant would be held accountable, not the county.
Mr. Sheldon also requested the Board instruct staff to consider the previous and historic traffic generation when calculating Transportation Capital Expansion Fees. Mr. Sheldon explained that the traffic generated from the proposed business will not be greater that the traffic generated by the previous use and therefore, he should not be charged an additional fee for expansion.
Mr. Tracy explained that because the business was not active during the last year, any use of the building would increase traffic to the area and be considered an expansion of use.
Chair Johnson explained that he believed the parking lot was functional, and therefore, would not recommend paving any portion. He also stated that Transportation Capital Expansion Fees were placed within the land use code to establish an expectation that every business would be treated in the same manner and he did not support authorizing a credit for use based on a business that has not operated at the location for over a year.
Commissioner Donnelly stated that he did not believe the proposed use would generate more traffic than the previous use generated and he would support the authorization to apply credit for the previous use regarding the Transportation Capital Expansion Fees.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the Colorado Cherry Company Expansion of a Nonconforming Use, file #10-Z1789, and authorize a credit for the previous business use when calculating Transportation Capital Expansion Fees, subject to the following conditions:
1. The use of the site shall be as described in the application materials. Any change to any other use shall be reviewed and evaluated by the Planning Department prior to being established.
2. The parking lot may continue as unpaved.
3. The applicant shall coordinate with the Pinewood Springs Fire Protection District for any required fire protection improvements to the structure.
Motion carried 3-0.
5. LAZY D RANCH RURAL LAND USE PLAN, FILE #09-S2917: This is a request to divide approximately 190-acres into six single-family residential lots and two residual lots. The property currently consists of two home-sites and the original historic farmstead, which includes a ranch house and an accessory caretaker’s residence. The applicants are proposing four additional home-sites, which will range in size from two to five-acres. The residual land will be protected from further development for a minimum of 40-years, by a conservation mechanism, as required under the Rural Land Use Plan.
The property is located in Sections 10 and 11, Township 7 North, Range 73 West, at the crossing of County Road 63E and the south fork of the Cache la Poudre River. The property is zoned O-Open, and the applicant would be allowed to construct up to 16-homes utilizing the county’s conservation development process. The applicants are hoping to divide the property mostly for family members but would like to retain the ability to sell lots to outside parties.
The surrounding properties consist of mostly forest service property, several residential lots, and the Pingree Park Center, which is 5-miles away. The proposed density of the Lazy D Ranch Rural Land Use project, one unit per 27.14-acres, appears to be compatible with the neighborhood.
This property is about 190-acres total and consists of six parcels, all owned by the Lazy D Associates, LLC. The property is an historic ranch site with many of the original buildings intact. As noted before, the south fork of the Cache la Poudre River bisects the property and is a dominant natural feature. A substantial meadow, historically used for growing hay and forested land also characterize the site.
Five of the home sites, (the three existing homes and two proposed sites), are what the applicant describes as being “behind the gate.” Lot 3 currently contains the original fishing shed, which is used by the family during the summer as a vacation retreat, Lot 5 contains a relatively new home (built in the 80’s) that is also used as a vacation retreat by the family, and Residual Lot A contains the original ranch house and a caretaker residence in addition to other accessory buildings. The current caretakers of the property live in the caretakers’ residence and facilitate ranching operations. The historic ranch house is also utilized as temporary housing for the family during the summer months. The applicant has proposed the existing residences continue as they are and the two new lots “behind the gate” each be allowed to contain one residence.
Another two new lots (Lots 1 and 2, each with a new home site) are proposed to be located “in front of the gate,” directly accessing County Road 63E. Residual Lot B will also be located in front of the gate and will have a building envelope for the existing accessory buildings. In addition, a new building envelope on the northern end of Residual Lot B is proposed for future accessory buildings to preserve the long-time viability of the agricultural use.
The owners of the residual land parcels will be responsible for maintaining the residual land and providing a periodic monitoring report to the county. The main access to the Lazy D Ranch will be located off of County Road 63E and will provide at least two entry points, one to Lazy D Ranch Road, which will serve Lots 3-6, and Residual Lot A, and another potential driveway access that will serve Lots 1 and 2. All streets within the development will be private roads constructed to meet the Rural Land Use standards, in accordance with Section 5.8.6 of the Larimer County Land Use Code, with the exception of shared driveways; a variance request for the shared driveways is included in this application. Additional right-of-way, if necessary, would be dedicated to County Road 63E as it abuts the property. Water to all the home sites would be via on-lot wells and each lot is proposed have its own septic system.
A neighborhood meeting was held on February 3, 2010, at the Larimer County Courthouse Offices building. Approximately five area residents attended and no major concerns were voiced about the project
Staff recommends that the Board of County Commissioners approve the Lazy D Ranch Rural Land Plan. The following contingencies must be met prior to approval of final plat by the Board of County Commissioners:
1. The final plat shall be consistent with the approved preliminary plan and with the information contained in the Lazy D Ranch Rural Land Plan, file #09-S2917, except as modified by the conditions of approval or agreement of the county and applicant and the applicant shall be subject to all other verbal or written representations and commitments of record for the Lazy D Ranch Rural Land Plan.
2. Before final plat approval, the applicant must submit an acceptable legal document that splits Parcel #37024-00-008 to allow the land included in the Rural Land Use Plan to become a separate legal lot.
3. All roads constructed within the Rural Land Plan shall be done so in accordance with Section 5.8.6.D of the Rural Land Use Process, except for the shared driveways as shown on the proposed map for Residual Lot A and Lot 6, Lots 4 and 5, and Lots 1 and 2. These shared driveways can be designed as driveways and not roads for the purposes of meeting the standards in Section 5.8.6.D of the Rural Land Use Process. Before final approval, all designs must be prepared, stamped, and signed by a qualified professional engineer licensed in the State of Colorado to certify that design standards in 5.8.6.D. were followed. Internal roads may be contained in a private access and utility easement. The owners shall dedicate a 40-foot half right-of-way along Larimer County Road 63E, which shall be shown on the final plat. Road names and addressing shall meet the standards of the Road Naming and Site Addressing System Resolution.
4. The applicant must obtain an access permit from the Larimer County Access Coordinator prior to commencing any construction on the project. Before designing roads, the applicant and the applicant's engineer must contact the Larimer County Access Coordinator to discuss access design requirements. The applicant shall comply with all such design requirements and plans must be prepared, stamped, and certified by a qualified professional engineer licensed in the State of Colorado to show that they meet the access design requirements.
5. The applicant must provide a storm water management report to the Rural Land Use Center prior to commencing any construction on the project. Before designing stormwater drainage facilities, the applicant and the applicant's engineer must contact the Larimer County Engineering Environmental Specialist to discuss stormwater management design requirements. The applicant shall comply with all such design requirements and the applicant's plans must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado to certify that they meet the stormwater management design requirements.
6. On-lot wells will be provided for this project. If the existing shared well on the proposed Residual Lot A and Lot 3 will continue, the applicants must submit a well sharing agreement that outlines the terms and duration of that agreement between the two lots. This document must be approved by the Health Department, the Rural Land Use Center Director, and the County Attorney before final plat approval.
7. The proposed septic system and its approximate location for Lot 4 must be reviewed and approved by the Health Department before final plat approval.
8. Prior to final plat approval, the applicants must submit an engineer’s certification that all building envelopes, home sites, and septic systems are located outside the 100-year floodplain; or the applicants must submit an engineer’s opinion letter that all building envelopes and septic systems are located outside the 100-year floodway and all residential structures are elevated at least 18-inches above the 100-year base flood elevation.
9. Prior to issuance of the first building permit, a dry hydrant must be installed in the South Fork of the Cache la Poudre River with fittings compatible with Poudre Canyon Volunteer Fire Department. Alternatively, a fire protection plan proposing fire protection measures must be submitted and approved by the Rural Land Use Center Director and the Larimer County Emergency Management office before final approval.
10. The residual land management plan must be reviewed and approved by the Rural Land Use Center Director prior to final plat approval. This plan must include objectives, current conditions, desired future conditions, and options to reduce wildfire hazards. All wildfire mitigation must be completed within each of the building envelopes of the proposed lots prior to the issuance of a building permit for that lot.
11. The residual land protective covenants and final development agreement must be reviewed and approved by the County Attorney and the Rural Land Use Center Director prior to final plat approval.
12. Restrictive covenants, including provisions for internal road maintenance, small acreage management, architectural guidelines, and other requirements must be reviewed and approved by the Rural Land Use Center Director prior to final plat approval; or, a Road Maintenance Agreement must be submitted, reviewed, and approved by the County Attorney and Rural Land Use Center Director prior to final plat approval.
13. A lot sale prohibition shall be placed on this property preventing the sale of any new lots until the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements. The lots cannot be sold, transferred or conveyed unless and until the developer provides written designation stating whether the improvements have been completed. The lot sale prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the lots. Upon receipt of such written designation, the county will provide the developer(s) a release of the lot sale prohibition for the particular lot(s) to which improvements have been made.
14. The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase:
A. LOT SALE PROHIBITION. Developers have executed a lot sale prohibition agreement, which stipulates that Lots 3-6 and/or Residual Lot A cannot be sold, transferred, or conveyed until the developers provide the county a written designation stating all the applicable improvements (i.e., legal access and public utilities) have been completed and/or installed according to the project requirements. The lots cannot be sold, transferred, or conveyed unless and until developer provides written designation stating whether the improvements have been completed. The Lot Sale Prohibition is recorded in the records of the Larimer County Clerk and Recorder and is a covenant running with the lots. Upon receipt of such written designation, the county will provide the developers a release of the lot sale prohibition for the particular lot(s) to which the improvements have been made.
B. Implementation of the forest management/use plan must be completed within the building envelopes and internal access road easements prior to the issuance of any building permits.
C. Passive radon mitigation measures shall be included in the construction of structures designed for habitable space 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.
D. Some or all of the lots in this development include building envelopes. All structures must be located within these approved building envelopes, as shown on the approved plan. If a structure within the building envelope is located 5-feet or less from the boundary of the building envelope, the owner/applicant for a building permit will be required to demonstrate that the structure is located within the building envelope prior to the approval of the footing and foundation inspection. This shall be accomplished by a written certification by a Colorado Licensed Surveyor.
E. All structures and septic systems must be located within the building envelopes on any Residual Lots.
F. Engineered footings and foundations may be required for new habitable construction. Please check with the Larimer County Building Department for requirements prior to submitting a building permit application.
G. Lot owners should be advised of the potential for nuisance conflicts with wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs, and snakes). The Colorado Division of Wildlife can provide information to property owners about how to handle these situations but lot owners are responsible for addressing wildlife conflicts if they arise.
H. No feeding of any wildlife. Any food placed for wildlife will eventually attract black bears traveling through the area. Once a bear finds food around homes and trailers, they become habituated to humans, often causing damage to property in their search for food. The State of Colorado is not liable for damages to non-agricultural property. Homeowners’ insurance is strongly advised.
I. Trash and garbage must be removed from the site. Bear proof containers are commercially available and work very well. Garbage and trash can be as attractive to bears as placing out food for wildlife.
J. It is strongly recommended that trailers and motor homes not be left on the site unattended. These items may be destroyed by bears if left unattended. This is particularly important during the months of July through September, when the bears are most active in their search for food.
K. Many other species of wildlife live in the area; some can be dangerous to humans and pets. It must be remembered that landowners will be living with wildlife. Species that may be found in the area are coyotes, mountain lions, bobcats, skunks, badgers, raccoons, deer, elk, hawks, owls, and eagles.
L. Pets must be contained on property, either by leash or enclosure.
M. During certain times of the year mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner and such activity must be according to applicable Federal, State, and local rules and regulations.
N. Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times, these animals are implicated in the transmission of plague to people or their pets and it is important for residents to observe animal control requirements for dogs and cats.
O. Agricultural operations and farming practices on adjacent properties can produce odors, noise, and dust. These are a normal part of agriculture and should be expected to occur. In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including overnight.
P. If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture. Overgrazing will produce bare ground, weeds, erosion, and polluted runoff. Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding.
Q. Larimer County has adopted a Right to Farm Resolution.
R. The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre R-1 school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), Drainage Fees, and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply.
S. Larimer County shall not maintain roads or streets in this development. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain streets may result in a lien being placed on these lots.
T. At the time of real estate closing, the owner shall provide the purchasers of residential and residual lots with the Code of the West, a county document which addresses differences between urban and rural living in Larimer County.
U. The owners of the residual land parcel shall be responsible for providing, at the request of the Director, a periodic monitoring report for the residual land to Larimer County Rural Land Use Center.
V. Lots in this Rural Land Plan are subject to the conditions and requirements of a development agreement. The developer and Larimer County executed this agreement in consideration of the approval of this development. This agreement was recorded in the Larimer County Clerk’s and Recorder’s office immediately after this plat. All purchasers should obtain and read the development agreement.
Ms. Hoffman noted that the applicant and staff are in agreement regarding the recommended conditions of approval; however, the submittal of a Rural Land Use Plan application is no longer a common occurrence in Larimer County and Ms. Hoffman felt reviewing the current application would be beneficial to the Board and staff.
Chair Johnson opened the hearing to the applicants. Bryan Morgan addressed the Board and stated he was very happy with the conditions recommended by staff.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the Lazy D Ranch Rural Land Use Plan; file #09-S2917, subject to the conditions outlined above.
Motion carried 3-0.
There being no further business, the Board adjourned at 4:15 p.m.
TUESDAY, MAY 18, 2010
ADMINISTRATIVE MATTERS MEETING
The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Donna Hart and Deni LaRue, Commissioners’ Office; Mark Peterson, Engineering Department; Rob Helmick and Matt Lafferty, Planning Department; Marc Engemoen, Public Works Department; Dale Miller, Road and Bridge Department; Erik Nilsson, Sheriff’s Office; Stacey Baumgarn, Facilities and Information Technology Department; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.
1. PUBLIC COMMENT: Randy Pope addressed the Board with concerns about the contents of the Larimer County Land Use Code. Mr. Pope stated that the code requires all projects to be compatible and harmonious with the neighborhood but the words “compatibility” and “harmony” are not defined therein. Mr. Pope noted that in its current state, the land use code pits neighbor against neighbor, exposes the applicant to personal attacks, and extends the lengthy application process. Lastly, Mr. Pope informed the Board of his displeasure with the Planning Commission stating that, in his opinion, the board members are biased and the meetings are not run well.
Chair Johnson thanked Mr. Pope for the information provided.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 10, 2010:
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of May 10, 2010.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEKS OF MAY 24, 2010 AND MAY 31, 2010: Ms. Hart reviewed the upcoming schedules 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 below:
PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following Petitions for Abatement were approved: Norman L. Rehme & Carol D. Rehme; Thomas A. Galles & Susan L. Galles; Ira E. Holford & Peggy J. Holford; C & C Holdings LLCL; Millennium Gallery of Living Art; Moomey Enterprises LLC; Yellow Roof Development LLC; Mark A. Jaudes & Pamela G. Jaudes; Susan J. Vandewoude & Edward A. Hoover; and Brown Cabin LLC.
05182010A001 HIRE COLORADO FUNDING MODIFICATION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT, TO BE INCORPORATED INTO THE WORKFORCE DEVELOPMENT PROGRAMS GRANT AGREEMENT
05182010A002 2009 FEDERAL TRANSIT ADMINISTRATION SECTION 5307 FUNDS SUBAGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS, COLORADO
05182010R001 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND UTILITY EASEMENT VACATION FOR LOT 9 MIRAVALLE SUBDIVISION, 1ST FILING
05182010R002 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 68 & 69, CRYSTAL LAKES 13TH FILING, AND UTILITY EASEMENT VACATION
05182010R003 FINDINGS AND RESOLUTION APPROVING THE OLD POUDRE CITY MINOR LAND DEVISION AND APPEAL
05182010R004 FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 48 & 49, POUDRE PARK ANNEX
05182010R005 RESOLUTION RESCINDING THE FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 26, FOX ACRES 2ND & 3RD FILINGS
05182010R006 FINDINGS AND RESOLUTION APPROVING THE POUDRE CANYON FIRE STATION #1 FEE APPEAL
05182010R007 FINDINGS AND RESOLUTION APPROVING THE POUDRE CANYON FIRE STATION #2 FEE APPEAL
05182010R008 RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE REGARDING FOSTER ANIMALS
05182010R009 FINDINGS AND RESOLUTION APPROVING THE DAVIES LOT SIZE APPEAL
05182010R010 FINDINGS AND RESOLUTION APPROVING THE LAURELWOOD PLANNED DEVELOPMENT AND PLANNED LAND DIVISION TIME EXTENSION
05182010R011 RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS
MISCELLANEOUS: Public Trustee First Quarter Report for 2010.
LIQUOR LICENSES: The following licenses were approved and issued: Pool Tyme Billiards – Tavern – Loveland; Best Western Crossroads Inn – Change of Corporate Structure – Loveland; Fort Collins Convention and Visitors’ Bureau – Special Event 6% – Fort Collins; Angel House – Special Event 6% – Loveland; Horsetooth Sertoma – Special Event 6% – Fort Collins; and The Mexican Inn – Hotel and Restaurant – Loveland.
Motion carried 3-0.
5. COUNTY ADOPTION OF THE NORTHERN COLORADO REGIONAL HAZARD MITIGATION PLAN: Mr. Nilsson addressed the Board to request adoption of the 2010 Northern Colorado Regional Hazard Mitigation Plan, which if formally adopted, would allow the county and its municipalities to apply for Hazard Mitigation Grants from the Federal Emergency Management Agency (FEMA). Mr. Nilsson explained that the plan specifies the steps taken to mitigate hazards and the county’s plans for future mitigation; however, the plan does not specify or imply financial or professional duties upon the county.
Chair Johnson asked Mr. Nilsson to explain the differences between the plan adopted in 2004 and the proposed plan. Mr. Nilsson stated that for the proposed plan, FEMA required municipalities to be very specific when listing the types of hazards faced and the corresponding mitigation plans.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the adoption of the Northern Colorado Mitigation Plan.
Motion carried 3-0.
6. OVERVIEW OF LARIMER COUNTY’S GRAVEL MINING AND CRUSHING OPERATIONS: At the request of Commissioner Donnelly, Mr. Engemoen and Mr. Miller addressed the Board to explain the county’s current mining and crushing operation and its benefits over contracting with private industry. Mr. Engemoen noted that in 1974, the county acquired 160-acres of property in Fort Collins and since that time, the county has mined and crushed some of the gravel used for the maintenance of unpaved county roads.
Mr. Engemoen stated that he believed the mining and crushing operation to be consistent with the county’s goal to provide effective and economical road maintenance.
Mr. Miller explained that when poor quality materials are used for road maintenance projects, the county is faced with problems such as increased dust, slippage, and the need to apply increased amounts of magnesium chloride.
Commissioner Donnelly requested additional time to review the materials and information provided and thanked Mr. Miller and Engemoen.
7. ANNUAL REPORT FOR THE PUBLIC WORKS DEPARTMENT AND RECOGNITION OF NATIONAL PUBLIC WORKS WEEK: Mr. Engemoen presented the Board with the 2009 Annual Report for the Public Works Departments. He explained that the 3rd week of May is National Public Works Week and beginning last year, the six Public Works Departments began an annual tradition of compiling a report for the Commissioners to track finances and activities within the department.
Chair Johnson thanked Mr. Engemoen for the reports and commended the entire Public Works Department, especially the Communications Team, for their work on the excellent reports.
8. SA ROBOTICS OUTDOOR TEST OF SPECIALIZED EQUIPMENT: Scott Adams and Bryan Dick, from SA Technology, requested authorization to construct a temporary structure on property adjacent to the company’s office space, located near Berthoud. Mr. Adams explained that SA Technology is a Colorado based company with 160-employees worldwide and is forecasted to conduct $37 million in business this year. Furthermore, Mr. Adams stated that the company specializes in building robotics and tools to complete tasks that may be hazardous to people, Because of the nature of the business, the company is requesting to build a temporary structure in which they plan to conduct “real life” testing of a new instrument.
Mr. Lafferty informed the Board that the construction, testing, and demolition of the temporary structure is scheduled to be completed by September 2010. Mr. Lafferty explained that if the proposed use would have gone through the “normal” process, it would have appeared before the Board during a land use hearing; however, because of the time constrictions associated with the contract, SA Technology is requesting an exception and has agreed to go through the “normal” channels and operations in the future. Lastly, Mr. Lafferty noted that SA Technology will contact surrounding land owners and notify them of the proposed project and host an open house to address questions.
Chair Johnson praised Mr. Adams and Mr. Dick for their economic contributions to the local economy and voiced his support for the project.
Commissioner Gaiter asked how the company planned to mitigate the noise created by the proposed project. Mr. Lafferty stated that most of the noise will be associated with construction and demolition of the temporary structure and all outdoor activity will occur during normal business hours.
Commissioner Donnelly voiced his support for the project.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve SA Technology’s request to perform a temporary testing activity outdoors, with actual equipment testing to occur for 10-days in early July 2010, and completed reclamation of the site to be completed by September 1, 2010.
Motion carried 3-0.
9. LARIMER COUNTY AND ESTES VALLEY FIRE DISTRICT INTERGOVERNMENTAL AGREEMENT: Mr. Helmick requested the Board authorize and approve the Intergovernmental Agreement between the Board of County Commissioners and the Estes Valley Fire District. Mr. Helmick explained that in 2009, the Board approved the formation of the Estes Valley Fire District, which was subsequently approved by voters later that same year. The Boards approval was conditioned upon the creation of an intergovernmental agreement between the Board of County Commissioners and the Estes Valley Fire District to define the relationship between the parties.
Commissioner Donnelly commended the residents of the Estes Valley for their approval of the fire district and all of the individuals who have worked so diligently to make the district a reality.
Both Chair Johnson and Commissioner Gaiter agreed.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the Intergovernmental Agreement between Larimer County and the Estes Valley Fire District.
Motion carried 3-0.
05182010A003 INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE ESTES VALLEY FIRE DISTRICT
10. UPDATE ON HB1328 PROPERTY ACCESSED CLEAN ENERGY (PACE): Mr. Baumgarn informed the Board of the approval of House Bill 1328 in April 2010 and explained that the bill will allow residents to apply for loans, from the State of Colorado, to increase the energy efficiency of their homes. Mr. Baumgarn explained that the bill requires counties to adopt and enact a resolution before the Colorado Governor’s Energy Office can accept applications from residents of the county. He also stated that he was unable to gage the amount of interest on behalf of residents.
Chair Johnson thanked Mr. Baumgarn for the information and encouraged further discussion on HB 1328.
11. LEGISLATIVE UPDATE: There were no legislative items to discuss.
12. COUNTY MANAGER WORKSESSION: Mr. Lancaster presented an application from Windjammer Roadhouse and Grill for a liquor license change of premise to accommodate a special event on the property. He explained that the application was submitted within the appropriate amount of time and would usually be approved on the consent agenda; however, the license holder mistakenly sent the application to the state department before receiving county approval.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the liquor license change of premise for Windjammer Roadhouse and Grill.
Motion carried 3-0.
13. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their attendance at events during the past week.
14. LEGAL MATTERS: Ms. Haag requested the Board go into executive session to determine positions relative to matters that may be subject to negotiations, development of strategy for negotiations, and instruction of negotiators, subject to 24-6-402(4)(e).
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners go into executive session to determine positions relative to matters that may be subject to negotiations, development of strategy for negotiations, and instruction of negotiators, subject to 24-6-402(4)(e).
Motion carried 3-0.
There being no further business, the Board adjourned at 11:30 a.m.
STEVE JOHNSON, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Melissa E. Lohry, Deputy Clerk