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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, JANUARY 17, 2011

 

There were no meetings held on Monday, January 17, 2011, due to the Martin Luther King, Jr.’s Day holiday.

 

 

 

TUESDAY, JANUARY 18, 2011

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager.  Chair Donnelly presided and Commissioners Johnson and Gaiter were present.  Also present were:  Bill Nelson, and Nick Christensen, Sheriff’s Department; Steve Balderson, Andy Paratore, and Michael Kirk, Facilities and Information Technology Department; Jeannine Haag, and Bill Ressue, County Attorney’s Office, Donna Hart, and Deni LaRue, Commissioners’ Office; Rob Helmick, Planning Department; Martina Wilkinson, Rusty McDaniel, and Mark Peterson, Engineering Department; and Tamara Slusher, Deputy Clerk.

 

1.         PUBLIC COMMENT:   Howard Hughes, Randy Pope, and Kay Johnson addressed the Board and requested that the Findings and Resolution for the revocation of the Pope Special Review Community Hall Use not be approved by the Board, but instead hold another Show Cause hearing to give the owners an opportunity to dispute the revocation.  Mr. Pope outlined his disagreement with several of the items listed in the proposed revocation of the special review, his mistrust of the Special Review process, and his dissatisfaction with the way this topic has been handled by the Board.  Mr. Pope requested that the Board put aside the personal attacks and take into account the number of people, and businesses affected by this decision.

 

Rick Hoffman briefly stated his dissatisfaction with the actions taken by the Board on the revocation of the Pope Special Review, and also voiced his objections to vehicle emissions testing, and the increasing bureaucracy in local government.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 10, 2011:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of January 10, 2011.

 

Motion carried 3-0.

 

4.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 24, 2011:   Ms. Hart reviewed the upcoming schedule with the Board.

 

5.         CONSENT AGENDA:

 

Commissioner Gaiter requested that the Board briefly discuss the Findings and Resolutions regarding the Revocation of the Pope Special Review Community Hall Use prior to approval of the consent agenda.  Discussion ensued regarding procedures and historical precedent for re-opening a hearing.  Commissioner Gaiter asked if his fellow Commissioners would support re-opening this item for a hearing based on the testimony given during public comment.

 

Commissioner Johnson responded that he would not support opening the revocation of the Pope Special Review Community Hall Use to an additional hearing, stating that due process was followed and that the applicant did show a pattern of non-compliance with the conditions of approval.  Commissioner Johnson further stated that it was not the Board’s intent to restrict businesses in Larimer County, however, the Board has a responsibility to uphold the land use code and ensure the rights of the citizens. 

 

Chair Donnelly explained that he would not be in support of re-opening this item, outlining the many attempts to facilitate this use since the time of the original application.  Chair Donnelly asserted that the Board is supportive of small business and has demonstrated this consistently.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as outlined below:

 

PETITIONS FOR ABATEMENT:   As recommended by the Larimer County Assessor, the following petition for abatement is approved:  McCreery Family LLLP.

 

01182011R001           FINDINGS AND RESOLUTION REVOKING THE POPE SPECIAL REVIEW COMMUNITY HALL USE

 

MISCELLANEOUS:  Conveyance of Sewer Easement – Frederick W. and Denise B. Gardner;  Mid-Term Appointment of Tom Chapel to P.I.D. #24 Westridge;  Revision to Larimer County Operating Policy 331.4B;  and Amended By-Laws of the Estes Valley Planning Commission.

 

LIQUOR LICENSES:  The following license was approved:  Fort Collins Elks Lodge B.P.O.E. #804 – Special Event 6% – Fort Collins.

 

Motion carried 3-0.

 

6.         REPLACEMENT OF HEATING, VENTILATING, AND AIR CONDITIONING (HVAC) EQUIPMENT AT THE DETENTION CENTER:   Mr. Kirk and Mr. Balderson explained the history of the project, the age and deterioration of the equipment, and the maintenance done to keep the HVAC equipment operating up to this point.  Mr. Balderson detailed the advantages of replacing the equipment including an increase in energy efficiency, and reduction in overall maintenance.  Discussion ensued regarding the security concerns, and funding for this project which would be taken from the Capital Expenditures fund. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve $961,863 in funding for the Larimer County Detention Center HVAC renewal project from the 512 fund.

 

Motion carried 3-0.

 

7.         WOLF ANNUAL REPORT:   Mr. Helmick explained that the stipulation, which is part of the original Special Review for WOLF, requires that the facility report annually to the County to ensure that all required licenses are current and the number of animals housed at the facility are within the conditions of the Special Review.  Mr. Helmick asserted that there are no areas of concern with this annual report and all conditions have been met.  Discussion ensued regarding the reporting requirements for this facility and the history of this special review.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the receipt of the WOLF Annual Report.

 

Motion carried 3-0.

 

8.         JANUARY POLICY GOVERNANCE REPORT:  Under the adopted Policy Governance procedures, the County Manager is required to report compliance on a quarterly basis to keep the Board informed of the health and status of the County.  Mr. Lancaster explained that this quarterly report is to highlight the financial condition and fiscal integrity of county government.  Mr. Lancaster stated that there are no issues to report this quarter and all areas are in compliance except the annual audit which is scheduled to begin in February, 2011.

 

9.         COUNTY MANAGER WORKSESSION:   Mr. Lancaster detailed his attendance at a Northern Colorado Leadership Group meeting attended by the Chambers of Commerce for the City of Fort Collins, City of Loveland, and City of Greeley.  The main topic of discussion at this meeting included regional collaboration.  The Board requested that Mr. Lancaster re-address their desire to begin a regional summit to discuss local issues such as consistency in land use regulation, economic development, and possibly uranium mining.

 

Mr. Lancaster briefly discussed his attendance at the Northern Colorado Economic Development Corporation (NCEDC) annual retreat.  Discussion ensued regarding regional economic development, business retention and expansion, and the financial status of the NCEDC.

 

Mr. Lancaster also asked that the Board review the letter of support addressed to the Colorado Association of Manufacturing Technology regarding the Aerospace Clean Energy Manufacturing and Innovation Center proposal.  Discussion ensued regarding the compatibility of the HP/Agilent Loveland campus, as well as property tax payment or exemption options should the site be chosen for the project.  Chair Donnelly confirmed the Board’s support and agreed to sign the letter.

 

10.       COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the past week.  At this time, Commissioner Gaiter requested that Mr. Lancaster discuss possible changes to the County’s website to include more information regarding property taxes and services funded by tax dollars.

 

11.       LEGAL MATTERS:  

 

INTER-JURISDICTIONAL ROADS:  Ms. Haag, Mr. Ressue, Ms. Wilkinson, Mr. McDaniel, and Mr. Peterson presented an outline of the ongoing project involving the City of Loveland, the Namaqua Hills subdivision, and access to and from the site via 22nd Street, Cascade Avenue, Morning Drive, and a trail proposed during development.  Discussion ensued regarding the effect these changes would have on the traffic flow, emergency access, safety, and maintenance costs.

 

Ms. Haag advised the Board that the best method to resolve the issues would be to pursue a conditional covenant that would address the protection of the roads, residents, and the trailhead if approved.  The Board requested that staff draft a letter of response to be addressed to the Loveland City Council stating their concerns and proposed resolution. 

 

ANHEUSER-BUSCH TAX APPEAL:   Mr. Ressue provided an update to the Board regarding the status of the ongoing Anheuser-Busch tax appeal.  Discussion ensued regarding the appraisal that has not been submitted by Anheuser-Busch, the value determined by the Assessor’s Office, the independent appraisal requested by the Board, the potential interest being incurred, and the process at the State Board of Appeals.  Mr. Ressue explained that the dollar amount originally discussed could change drastically pending the results of the appraisal to be provided by Anheuser-Busch and that as soon as there is concrete information, he will return to the Board with an update.

 

Ms. Haag requested that the Board go into Executive Session at this time for the purpose of receiving legal advice on pending litigation regarding the Larimer County vs. Deyen, Zoning Violation.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners go into Executive Session for conferences with an attorney for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 3-0.

 

The hearing recessed at 11:30 a.m., with no further action taken.

 

 

 

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Donnelly presided and Commissioners Johnson and Gaiter were present.  Also present were:  Doug Ryan, Environmental Health Department; Dave Shirk, Town of Estes Park Planning Department; Toby Stauffer, Planning Department; Eric Tracy, Engineering Department; Jeannine Haag, County Attorney’s Office; and Tamara Slusher, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance and asked for public comment on the County Budget, and Land Use Code.  No members of the audience addressed the Board at this time.

 

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

 

1.         ESTES VALLEY DEVELOPMENT CODE AMENDMENTS – OUTDOR DISPLAY OF MERCHANDISE:   The proposed amendments to the Estes Valley Development Code are in follow-up to the sign code recently adopted by the Town of Estes Park, and would:

 

  1. Limit the size of temporary holiday/seasonal outdoor sales in the CO – Commercial Outlying and I-1 – Light Industrial zoning districts, and;
  2. Update an incorrect reference to the Larimer County Sign Code.

 

The proposed changes are outlined as follows:

 

  1. Existing text in black font.
  2. Proposed text in underlined text.
  3. Text to be removed in strikethrough text.

 

§ 8.1 COMPLIANCE WITH TOWN AND COUNTY SIGN CODES

  1. Signs in the Town of Estes Park.  All signs in the Town of Estes Park shall comply with the Estes Park Sign Code, set forth in Chapter 17.66 of the Town of Estes Park Municipal Code, as amended from time to time.

 

  1. Signs in Larimer County.  All signs in unincorporated Larimer County shall comply with the Larimer County Sign Code, set forth in §8.7 10 of the Larimer County Land Use Code, as amended from time to time.

 

§ 5.3.D TEMPORARY USES ALLOWED

1. Temporary Seasonal and Holiday Sales.

  1. Holiday or seasonal sales activities, such as sales of Christmas trees or farm produce, shall be permitted temporary uses in the following zoning districts:
    1. CO Outlying Commercial Zoning District.
    1. I-1 Restricted Industrial Zoning District.
  1. The term of the temporary use permit shall not exceed sixty (60) days.
  1. Permitted sales activities may occur within required zone district setbacks, provided that the following conditions are satisfied:
    1. No activity or display shall encroach into a required setback by more than fifty percent (50%) of the required setback;
    1. No activity or display shall be located within twenty-five (25) feet of an abutting residential lot; and
    2. No activity, display or related equipment shall be located within a required intersection or driveway sight triangle.

dThe sales and storage area including shall be limited to a ten percent (10%) of the gross area of the lot.

d.  e . Temporary seasonal and holiday sales shall not include retail sales of bulk household goods, such as furniture, carpets, art work/paintings or similar items, and shall not include retail sales of prepared or processed food products. 

 

2.         GLEN HAVEN LOT 1 AND 4, BLOCK 7, AMENDED PLAT AND EASEMENT VACATION, FILE #10-S3014:   This request is to amend the plat of the Glen Haven Subdivision, Lots 1 & 4, Block 7, to correct boundary lines and an historic error in the legal description of the properties and also to vacate a 20’ easement between the properties listed for “joint driveway purposes.” 

 

There has not been any objections to this proposal voiced by the surrounding neighbors.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:

 

·  Addressing Section

·  Department of Health and Environment

 

Comments received from the Land Surveyor of the Larimer County Engineering Department identify required corrections to the plat.

 

The proposed amendment to the Glen Haven Subdivision, to correct boundary lines and a historic error in the legal description of the properties, and vacate a 20 foot easement for “joint driveway purposes,” will not adversely affect any neighboring properties or any County agency.  The amended plat will not result in any additional lots. Staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Amended Plat of Lots 1 and 4, Block 7, Glen Haven Subdivision and 20 foot Joint Driveway Access Vacation, File# 10-S3014, 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 18, 2011, 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.         PINEWOOD SPRINGS 5TH FILING, LOT 104 AMENDED PLAT AND RAINS BOUNDARY LINE ADJUSTMENT, FILE #10-S3011:   This is a request to amend the plat of Pinewood Springs, Lot 104, and the adjacent metes and bounds property, the Raines property, to combine the properties and eliminate the encroachment of a house on the line between the two properties. The request includes vacation of a 5 foot utility easement on the western lot line.

 

There has not been any objections to this proposal voiced by the surrounding neighbors.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:

 

  • Engineering Department Development Review Team
  • Addressing Section
  • Department of Health and Environment

 

Comments received from the Land Surveyor of the Larimer County Engineering Department identify required corrections to the plat. 

 

Comments received from the Development Review Team of Larimer County Engineering Department indicate that the access for Lot 104 crosses Lot 106, Pinewood Springs.  The applicant should consider adding an easement on the plat for the properties sharing the access. 

 

Comments received from the Assessor’s office indicate that an incorrect legal reference is noted on the plat. The reference should be amended prior to recordation.

 

The project submittal indicates that an easement is to be vacated; however, no easement is shown on the plat. The revised plat should include the easement to be vacated.

 

The proposed amendment to the Pinewood Springs Subdivision, 5th Filing to combine the property with the adjacent metes and bounds property, the Rains property to eliminate the encroachment of a house on the line between the two properties and vacate a 5 foot utility easement on the west boundary of the property, will not adversely affect any neighboring properties or any County agency.  The amended plat will not result in any additional lots. Staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the amended plat of Lot 104, Pinewood Springs 5th Filing, the Rains Boundary Line Adjustment, and 5 foot Utility Easement Vacation, File# 10-S3011, 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 18, 2011, 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, the Planning Department, and the Assessor’s Office.

 

4.         LARIMER COUNTY LAND USE CODE AMENDMENTS, FILE #10-CA0133:   Proposed housekeeping Land Use Code amendments were presented to the Planning Commission on December 15, 2010, where there was no public comment or discussion.

 

Staff recommends the proposed amendments outlined as follows:

 

1.   Section 0.1 Definitions:

 

Community hall. A facility used for recreational, social and cultural activities., open to the public or a designated part of the public and usually owned and operated by a public or nonprofit group or agency. (Note: when we changed the use description for community hall we did not change the definition.  This change will make the them consistent.) 

 

Dwelling.  A building or portion thereof used for residential occupancy, including cabin, single-family, duplex and multiple-family dwellings. It does not include hotels, motels, boarding/rooming houses, resort cabins, lodges, guest houses or manufactured homes that comply with the "National Manufactured Standards of 1974," 42 U.S.C. 5401 et seq., as amended. A dwelling may be leased or rented for any time period. A dwelling may be leased or rented for any time period provided that the use of the property as a rental unit does not convert the property to a use contemplated by tourist or accommodation zoning, i.e. as a resort cabin, providing single night transient rentals. (Note: delete redundant sentence) 

 

Restaurant-sit down. A facility where food and/or beverages are prepared and served to patrons for consumption primarily within the principal building.

 

Restaurant-take out. A facility where food and/or beverages are sold in a form ready for consumption primarily off the premises.  (Note: we now just have one definition for a restaurant.)

 

Jail/ Prison/ detention center. A facility for the processing and confinement of people held in lawful custody. (Note: we are changing this to be consistent with the recently updated use description.)

 

2.  Section 4.3.10.B.3.a:

 

Home Occupation (Note: the chart is not properly formatted Replace the existing chart with the following.  No language has been changed.) 

 

Maximum area of screened outdoor storage

Minimum setback from all property lines

200 square feet

50 feet

201 – 400 square feet

100 feet

401 – 800 square feet

200 feet

 

3.  Section 5.7.3.D:

 

5.7.3.  - Review criteria.

D. The resultant lots will meet the requirements of subsection 8.14.21.I. 

 

4.  Section 8.2.11.A.6 and 10:  

 

8.2.11.A.

 

6. A maintenance program that includes weed control; litter and debris removal; erosion control; watering, repair of water-control structures; maintenance of vegetation and wildlife habitat; and cleaning of culverts. The maintenance program must be included in the use plan for residual land and/or common area described in section 8.10 8.14.6

 

10. A three-year, post-construction monitoring program. The monitoring program must be included in the use plan for residual land and/or common area described in section 8.1010 8.14.6;

 

5.  Section 8.14.1.M.2. – Development Design for Land Division  

 

2. The County Commissioners find that road connectivity to adjacent parcels is not needed or practical and have granted an appeal to Section 8.14.21.R (connectivity).

 

The Planning and Commission and staff find no issues with the proposed amendments and recommend that the Board approve the changes as outlined above.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as outlined above.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 3:08 p.m.

 

 

 

 

 

 

                                                                                                                                                           

TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

                                                                                   

Tamara L. Slusher, Deputy County Clerk

 

 

 

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