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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, March 21, 2011

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Donnelly presided and Commissioner Gaiter was present. Also present were:  Michael Whitley, Planning Department; Dave Shirk, Estes Park Planning Department; Traci Shambo, Engineering Department; Jeanine Haag, County Attorney, and Gael Cookman, Deputy Clerk.

 

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

 

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

 

1.  EAGLES CREST RESORT PRELIMARY & FINAL CONDO MAP:     This is a request to condominiumize two existing structures and reserve future development rights.  In July 2010, the Estes Valley Planning Commission approved development plan 2010-02, which provides for the redevelopment of a 4.3-acre “A” Accommodations zoned property on Moraine Avenue (near the YMCA property).  The development plan outlines development of 11 accommodations units and a private clubhouse.  This request is to allow for condominium ownership of these units.  The approved development plan will serve as the Preliminary Condominium Map.  Supplemental maps will follow as the development builds out.

 

Staff recommends approval of the requested Eagles Crest Resort Preliminary and Final Condominium Maps.

 

2.  TCM INVESTMENTS MINOR SPECIAL REVIEW, FILE #11-Z1836:   T he applicant seeks approval for a Minor Special Review to allow a Detached Accessory Living Area on a 35.01-acre property located southeast of the intersection of County Road 20E and Boyd Lake Avenue

The property has a 6,256 square foot home and a 1,535 square foot detached garage both currently under construction.  The proposed Minor Special Review would allow for the use of 690 square feet within the detached garage as visiting guest quarters.

A change of occupancy permit would be required to convert the 690 square foot area within the garage to habitable space. 

The Land Use Code states that accessory uses are intended to allow property owners the full use of their property, while maintaining the integrity and character of the neighborhood.  To meet these goals, accessory uses and buildings must be erected and used only for purposes that are clearly secondary and incidental to the principal use of the property.  They must be located on the same lot with the principal use and the accessory living area should not be used as a rental unit.  It is the assessment of the Development Services Team that this request can meet the standards provided the owner complies with the requirements for an accessory living area, and satisfies the recommended conditions of approval below.

The Development Services Team Findings are as follows:

 

A.   The proposed use will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood;

 

B.   The property is not in a GMA district and the proposed use is consistent with the County Master Plan.

 

C.   The applicant has demonstrated that this project can and will comply with all applicable requirements of this Code;

 

D.   The proposed use will not result in a substantial adverse impact on other property in the vicinity of the subject property; and

 

E.   The recommendations of referral agencies have been considered.

 

F.   The applicant has demonstrated that this project can meet applicable additional criteria listed in Section 4.3 Use Descriptions.

 

The Development Services Team recommends approval of the TCM Investments Minor Special Review, File #11-Z1836 subject to the following conditions:

           

1.   The Site shall be developed consistent with the approved plan and with the information contained in the TCM Investments Minor Special Review, File #11-Z1836 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 TCM Investments Minor Special Review.

 

2.   This application is approved without the requirement for a Development Agreement.  In the event the applicant fails to comply with any conditions of approval, or fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.  County may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.

 

3.   The Findings and Resolution shall be a servitude running with the Property.  Those owners of the Property or any portion of the Property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Minor Special Review approval.

 

4.   The owner is responsible for obtaining all required building permits for the accessory living area.  All applicable fees, including permit fees and Transportation Capital Expansion Fees, shall apply to this use. 

 

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

 

6.   The single-family character of the property must be maintained.  The entrance(s) to the accessory living area must not be visible from any road.

 

7.   The accessory living area is to be used solely for guests of the occupants of the single-family dwelling or those providing a service on site in exchange for their residency.

 

8.   The accessory living area must not be rented or leased separately from the single-family dwelling.

 

9.   This Minor Special Review approval will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

10.    Please continue to list any other applicable conditions.

 

M O T I O N

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

Motion carried 2-0.

The hearing adjourned at 3:05 p.m.

 

TUESDAY, MARCH 22, 2011

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Donnelly presided and Commissioner Gaiter was present. Also present were: Donna Hart and Deni LaRue Commissioners’ Office; Gary Darling, Criminal Justice Department; Nick Christensen, Sheriff’s Office; and Gael Cookman and Dana Bouchard, Deputy Clerks.

 

1.    PUBLIC COMMENT:  Dick Hughes explained that he has been a boat operator for 30 years and he addressed a recent article, which discussed regulations proposed to limit patrons to ten minutes at all boat docks on Horsetooth Reservoir.  Mr. Hughes stated that the most dangerous part of boating is loading and unloading the boats at the docks.  He noted that placing a time limit on this activity may cause folks to “hurry” unnecessarily, which could make a dangerous situation even more hazardous.  As an alternative, Mr. Hughes suggested the Board simply post appropriate signage at docking areas to encourage timeliness and raise awareness of others’ needs to access the dock.

 

Chair Donnelly and Commissioner Gaiter thanked Mr. Hughes for expressing his concerns and encouraged him to return the following week when the item will be presented to the Board for consideration.

 

2.    APPROVAL OF THE MINUTES FOR THE WEEKS OF MARCH 7, 2011, AND MARCH 14, 2011:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the weeks of March 7, 2011, and March 14, 2011.

 

Motion carried 2-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 28, 2011: Ms. Hart reviewed the upcoming schedule with the Board.

4.   CONSENT AGENDA:

 

M O T I O N

 

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

 

03222011A001           FIRST ADDENDUM TO THE AGREEMENT REGARDING THE CONSTRUCTION OF COAL CREEK FLOOD MITIGATION PROJECT ON THE NORTH POUDRE IRRIGATION COMPANY PROPERTY BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE NORTH POUDRE IRRIGATION COMPANY

 

03222011A002           AGREEMENT TO PURCHASE SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE FORT COLLINS SALUD FAMILY HEALTH CENTERS FOR THE USE AND BENEFIT OF THE LARIMER COUNTY DEPARMENT OF HUMAN SERVICES

 

03222011A003           HERMIT PARK OPEN SPACE REDEVELOPMENT PHASE II PROJECT GRANT AGREEMENT BY AND BETWEEN LARIMER COUNTY AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND

 

03222011R001           RESOLUTION FOR CONVEYANCE BY THE BOARD OF COUNTY COMMISSIONERS TO CONVEY A TRACT WITHIN THE FOSSIL CREEK REGIONAL OPEN SPACE TO THE CITY OF FORT COLLINS

 

03222011R002                       RESOLUTION SUPPORTING THE AGREEMENT BETWEEN LARIMER COUNTY AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND

 

03222011R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 36, 37, 38, 47, 48, AND 49, BLOCK 14 GLEN HAVEN SUBDIVISION AND APPEAL

 

03222011R004           RESOLUTION REGARDING EXTENSION OF APPROVAL FOR THE AMENDED PLAT OF LOTS 18, 19, & 20 OF CUSHMAN’S LAKEVIEW 2ND FILING

 

03222011R005           RESOLUTION APPROVING THE GLACIER VIEW MEADOWS 12TH FILING, LOTS 20 & 21 LOT CONSOLIDATION

 

03222011R006           FINDINGS AND RESOLUTION APPROVING THE PETITION OF SHANE BECKERS

 

LIQUOR LICENSES:  The following liquor licenses are recommended for approval and issuance: Zippy’s Liquor – Retail Liquor Store – Fort Collins.

 

Motion carried 2-0.

 

5.    LEGISLATIVE UPDATE:             Mr. Gluckman reviewed HB 11-1005 concerning the repeal of HB 10-1195, and how the legislation affects the exemption of sales and use tax on certain agricultural products.

 

Commissioner Gaiter suggested they seek advice from the Agricultural Advisory Board before making a decision and Chair Donnelly agreed.

 

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

 

7.    COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their attendance at events during the previous week.

 

8.    LEGAL MATTERS:  Mr. Gluckman requested that the Board go into Executive Session to discuss polling over a possible jail sales tax extension.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners go into Executive Session for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations, and instructing negotiators, as outlined in 24-6-402(4)(e) C.R.S.

 

Motion carried 2-0.

 

The Board came out of Executive Session and the following action was taken:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners authorize up to $20,000 to Ciruli & Associates for polling and related consulting services.

 

Motion carried 2-0.

 

There being no further business, the Board adjourned at 9:45 a.m.

 

__________________________________________

   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

 

______________________________________

Gael M. Cookman, Deputy County Clerk

 

 

 

______________________________________

Dana S. Bouchard, Deputy County Clerk

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