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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, August 9, 2010

 

 

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 Gaiter were present. Also present were:  Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Sean Wheeler, Planning Department; Jeannine Haag, Assistant County Attorney; 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.  

 

Chair Johnson then noted that the following item was on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience.

 

1.         RIVIERA ESTATES UTILITY EASEMENT VACATION, FILE #10-S2972 :  This is a request for approval to vacate a utility easement along the south side of Lot 9 in the Riviera Estates Subdivision.  This will allow the applicant to construct a garage for residential use. The new structure, existing structures, and utility easement proposed for vacation, are shown on an improvement location certificate provided by the applicant. 

 

Staff has found that the utility easement is not required to provide service to the applicant’s site or another property, as utilities exist in Arabian Court to provide service to the applicant’s lot. Staff and t he Development Services Team recommend approval of Riviera Estates Utility Easement vacation , file #10-S2972 . The vacation of the utility easement and the reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded. In addition, if the request is approved the recording instrument will be the Findings and Resolution from the Board of County Commissioners.

 

 

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as presented above.

 

Motion carried 3-0.

 

2.         SHOW CAUSE HEARING FOR POPE SPECIAL REVIEW, FILE #10Z1777:   This hearing is for consideration of complaints regarding the Pope Special Review and compliance with conditions of approval.

 

On May 10, 2010, the Board of County Commissioners approved the Pope Special Review requests for a Community Hall and Seasonal Camp. The Board’s action included conditions of approval that were intended to insure that standards for these types of uses would be constructed and that compatibility with the surrounding neighborhood could be achieved. 

 

On July 7, 2010, during the public comment portion of the Administrative Matters Meeting, neighbors of the Pope Special Review informed the Commissioners that events were being conducted on the site, even though the conditions of approval have not been fully realized.  Furthermore, the neighboring residents indicated that noise coming from the uses on the property was in excess of the noise ordinance and thus in violation of the conditions of approval.

 

The conditions of approval for the Pope Special Review included typical language that prior to operation of the use, certain if not all, required site improvements need to be completed before the use commences. The Development Services Team monitors these conditions through the Building Permit process and the Development Construction Permit process. However, the Development Services Team does not typically monitor site activities, especially those that occur outside of normal business hours, and thus is not usually aware of activities until they have occurred.

 

In accordance with Condition 3 of the Finding and Resolution for the Pope Special Review, this hearing was scheduled to allow neighbors to inform the Board of specific issues and allow the Board to make a ruling regarding compliance. As part of this hearing, the Board of County Commissioners will determine future courses of action which can range from precluding any activity on the site until all improvements have been made, to revocation of the approval of the Special Review. 

 

Mr. Pope was notified of the complaints and indicated that he was nearing completion of the required improvements and would be available at the hearing to respond to the concerns raised by the neighbors.

 

Mr. Lafferty noted that Mr. Pope was currently in compliance with all conditions of approval with the exception of noise complaints raised by neighbors.

 

Mr. Ryan explained to the Board that there are two ways in which the land use code addresses noise complaints and noise levels. The first option requires sheriff’ deputies to measure the decibel level of noise when a complaint is received to verify whether it is above or below the acceptable range. The second option is an objective measurement of noise in which a sheriff deputy is relied upon to determine if sound levels cause a noise disturbance within a neighborhood. Mr. Ryan also explained that Mr. Pope had submitted a noise mitigation plan during the special review process, which contained a provision that he would only have amplified music within an enclosed structure.

 

Chair Johnson opened the hearing to public comment and Randy Pope, property owner, addressed the Board. Mr. Pope stated that he did not believe he was in violation of the conditions of special review approval and he began working with staff to install all required road signs, road improvements, building permits, and all of the other requirements directly following the hearing on May 10, 2010; however, he was not immediately able to fulfill the requirements. Mr. Pope stated that currently, all of the conditions were fulfilled. Lastly, Mr. Pope explained that during an event on Saturday, August 7, 2010, he requested a member of the Sheriff’s Office visit the property to conduct a noise level reading. He stated that the officer conducted a decibel reading and the noise was not found to be in violation of the ordinance.

 

Commissioner Donnelly asked Mr. Pope about the event log he had offered to post on his website. Mr. Pope stated that doing so may cause him to lose business; therefore, he had no intention of posting a calendar of events.

 

Ken Ecton, Shelby Majors, Grace Sullivan, and John Schmid addressed the Board to attest to the increased level of noise caused by the events held by Mr. Pope. Ms. Sullivan noted that because of the terrain in the Bingham Hill neighborhood, noise is amplified and redirected very easily, resulting in differing noise levels in some areas.

 

Chair Johnson closed public comment and expressed concern about the noise caused by events at Mr. Pope’s property, noting that the special review approval was conditioned on the applicant abiding by the noise ordinance of the land use code.

 

Much discussion ensued between the Board and staff regarding enforcement of the noise ordinance. Chair Johnson requested that staff conduct a noise study during events at the Pope residence.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners find that the conditions of approval for the Pope Special Review have been met prior to the commencement of use.

 

Motion carried 3-0.

 

There being no further business, the meeting adjourned at 5:15 p.m.

 

 

TUESDAY, AUGUST 10, 2010

 

ADMINISTRATIVE MATTERS

 

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; Linda Hoffman, Planning Department; Karlin Goggin, Building Inspections Department; and Gael Cookman, Deputy Clerk.

 

1.         PUBLIC COMMENT:   Greg Leverett addressed the Board with concerns regarding the Board’s adoption of Differential Response for the Department of Human Services (DHS).  Mr. Leverett stated that in his opinion, the DHS cannot accurately diagnose problems and feels that this will place children in danger. 

 

Randy Pope requested the Board’s approval to increase the number of guests for a scheduled wedding at his venue this upcoming weekend.  He stated that the mother-in-law of the bride invited approximately 20 more guests than are allowed per his Special Review.  

 

Discussion ensued.  Commissioner Gaiter felt that he could allow a one-time exception; however, cautioned Mr. Pope about being able to control his business and work within the established guidelines.  Both Chair Johnson and Commissioner Donnelly were not in favor of approving an increased number of guests for this event; both agreed that Mr. Pope needs to comply with, and operate his business according to the clearly defined expectations for his wedding venue.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve of allowing up to 150 people at Pope’s wedding venue, scheduled for Saturday, August 14, 2010. 

 

Motion failed 2-1; Chair Johnson and Commissioner Donnelly dissenting.

 

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 2, 2010:  Approval of the minutes was postponed until August 17, 2010.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 16, 2010:  Ms. Hart reviewed the upcoming schedule with the Board.  Ms. Hart also noted that the Abatement hearing for Dibzee Investment has been withdrawn and will not be rescheduled for the Board’s consideration. 

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as presented below:

 

08102010A001           INMATE CHAPLAIN SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SHARON FRENCH, DBA SF MINISTRIES

 

08102010A002           CONTRACT FOOD SERVICES AGREEMENT FOR COMMUNITY CORRECTIONS BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ARAMARK CORRECTIONAL SERVICES, LLC

 

08102010A003           CONTRACT FOOD SERVICES AGREEMENT FOR THE DETENTION CENTER BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ARAMARK CORRECTIONAL SERVICES, LLC

 

08102010A004           AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LARIMER CENTER FOR MENTAL HEALTH TO PURCHASE SERVICES TO BE PROVIDED TO THE CHILDREN, YOUTH & FAMILY SERVICES DIVISION

 

08102010R001           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE REGARDING EQUESTRIAN OPERATIONS, STANDARDS FOR ALL DEVELOPMENT, AND OTHER GENERAL MATTERS

 

08102010R002           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 1 AND 2 OF THE AMENDED PLAT OF TRACT 1-A, OF THE AMENDED PLAT OF TRACTS 1 AND 2, DAVIES M.R.D. NO. 98-S1323 AND A PORTION OF TRACT B, OF THE AMENDED STRINGER EXEMPTION

 

08102010R003           FINDINGS AND RESOLUTION APPROVING THE ABC STORAGE APPEAL

 

08102010R004           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 1 AND 2 OF NEWELL’S LAKE VIEW SUBDIVISION

 

08102010R005           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF PARCELS TO FORM THE AMENDED PLAT OF LOT 12 OF GREELEY-BOULDER COLONY SUBDIVISION

 

08102010R006           FINDINGS AND RESOLULTION APPROVING THE AMENDED PLAT OF TRACTS 3 AND 4 OF THE AMENDED PLAT OF THE DIVISION OF THE McCREERY-THOMPSON PROPERTY

 

MISCELLANEOUS:            Public Trustee 2nd Quarter Report; Promoting Safe and Stable Families (PSSF) Grant Application.

 

LIQUOR LICENSES:         The following licenses were approved and/or issued:  Branding Iron Liquor – Retail Liquor Store – LaPorte; Larimer Center for Mental Health – Special Event 6% - Loveland; FoCo Girls Gone Derby Booster Club – Special Event 3.2% - Fort Collins.

Motion carried 3-0.

 

5.         APPROVE OFFICIALLY NAMING N COUNTY ROAD 63E AND W COUNTY ROAD 44H TO PINGREE PARK ROAD:  Ms. Goggin explained that the road from West Highway 14 to Colorado State University’s campus is randomly using three different road name designations along the continuous road.  She recommended that the road be officially designated at Pingree Park Road for site addressing.  Ms. Goggin noted that the citizens prefer the use of this name, that the road name is compliant with road naming standards, that the use of Pingree Park Road reduces confusion, and it honors a historical name and geographic location in the county. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve road names changes of for County Road 63E and County Road 44, to Pingree Park Road to officially be used for site addressing. 

 

Motion carried 3-0.

 

6.         DISCUSSION OF BALLOT ISSUE TO EXTEND TERM LIMITS FOR THE DISTRICT ATTORNEY:  Mr. Lancaster stated that this item was included on the agenda at the request of the Board.  Commissioner Gaiter recommended extending the term-limits for the District Attorney from two to three terms, noting that it would then be in-line with the other elected official offices.  Discussion ensued regarding how to best accomplish this, and whether or not Jackson County would have to put this on their November ballot as well.   Consensus of the Board was to pursue this idea with Jackson County. 

 

7.       CONVENE AS THE BOARD OF EQUALIZATION:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners convene as the Board of Equalization.

 

Motion carried 3-0.

 

Ms. Cookman presented the dates of the hearings, and requested the Board approve the referee recommendations for all the hearings that took place during July and August.  The Board requested a summary of the actions taken prior to approval of the referee recommendations.  Ms. Cookman will provide the summary for the Board at the Administrative Matters meeting scheduled for August 17, 2010, and approval of the referee recommendations is postponed until that time.  

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners delay approving the referee recommendations for the 2010 Board of Equalization hearings, until August 17, 2010.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners adjourn the Board of Equalization and reconvene as the Board of County Commissioners.

 

Motion carried 3-0.

 

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

 

9.         COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance events during the previous week.

 

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

 

 

There being no further business, the Board adjourned at 10:15 a.m.

 

 

 

 

 

__________________________________________

   STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

______________________________________

Gael M. Cookman, Deputy Clerk