> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 05/09/11  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, May 9, 2011

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Toby Stauffer, Planning Department; Traci Shambo, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney’s Office; and Dana Bouchard, 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.

 

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

 

1.         CRYSTAL LAKES 13TH FILING LOTS 75 & 76A LOT CONSOLIDATION AND EASEMENT VACATION, FILE #11-S3031:  This is a request for lot consolidation to combine two lots, lots 75 & 76A of Crystal Lakes 13th Filing, into one lot, and vacate two 10-foot utility easements located along the common lot line of the two lots. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.

 

In review of this request, staff finds the lot consolidation will not result in any additional lots, and no other services will be affected.  Staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

Therefore, staff recommends approval of the Crystal Lakes 13th Filing, Lots 75 & 76A, Lot Consolidation and 20-foot Utility Easement Vacation, file #11-S3031, subject to the following conditions:

 

1.    All conditions of approval shall be met and the final resolution recorded by November 9, 2011, or this approval shall be null and void.

 

2.         The resultant lot is subject to any and all covenants, deed restrictions, or other conditions that apply to the original lots.

 

3.         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.

 

2.         NATURE ESTATES LOT 1 AND OUTLOT A AMENDED PLAT, FILE #11-S3033:  This is a request to amend lot 1 and outlot A to accommodate a septic system that was placed in error on outlot A.

 

In review of this request, staff finds the proposed amendment to lot 1 and outlot A, Nature Estates Subdivision, to adjust lot lines so that the septic field is located on lot 1 instead of outlot A, will not adversely affect any neighboring properties or any county agency.  The amended plat will not result in any additional lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code 

 

Therefore, staff recommends approval of the amended plat of lot 1 and outlot A, Nature Estates Subdivision, file #11-S3033, subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   The final plat shall be recorded by November 9th, 2011, or this approval shall be null and void.

 

3.         RESTU SUBDIVISION LOTS 16 & 23 AMENDED PLAT, FILE #11-S3032:   This is a request to amend lot 16 and lot 23 to conform with the historic use of the properties. 

 

In review of this request, staff finds it will not adversely affect any neighboring properties or any county agency.  The amended plat will not result in any additional lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

Therefore, staff recommends approval of the Amended Plat of Lots 16 & 23 of Restu Subdivision, file # 11-S3032, subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:

 

1.    The final plat shall be recorded by November 9th, 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.    Prior to the recordation of the final plat the applicant shall make the technical corrections requested by the Assessor’s office.

 

4.         INTERNATIONAL APPROVALS LABORATORIES RESCIND SPECIAL REVIEW, FILE #11-Z1849:  This is a request to rescind the special exception approval, which limits the use on the property to one specific use, commercial testing. Upon approval the property would be managed by the historic zoning district on the property, the O-Open zone district, and amended special exception approval on lot 2 of the Birnbaum/ Pinewood Springs Exemption as listed in files 152-82-EX, V-26-90, 05-Z1569.

 

The initial special exception approval for this property (V-26-90) indicated that use on the property was limited to the testing facility and the facility could only be operated by the original applicant. The 2005 amendment (05-Z1569) allowed the operation to be run by a different applicant; however, the condition remained that the use of the property would continue to be only that which was approved originally. The resolution for the 2005 approval indicated that no additional principal uses other than the use permitted by the special exception are allowed on this property unless proper approval is granted and the minutes indicate that “all current and future owners should understand that the property has only been approved for the proposed use and buildings. No additional principal uses or buildings are permitted either in the leased area or the non-leased area as shown on the site plan.” The site plan is also specifically referenced as being part of both of the special exception approvals as well.

 

The request will remove all of the constraints on the property listed above, so that the property can be used as a single family residential property with all the rights allowed to a property in the O-open zone district.

 

In review of this request, staff finds that the request is consistent with the existing and proposed uses in the area, the proposed lot can support potential uses allowed by the zone district, the proposed use will be compatible with other uses in the area, the request would not subvert the intent or purpose of the code, and the request is consistent with the intent and purpose of the code.

 

Therefore, staff recommends rescinding the approval of the International Approvals Laboratories Special Exception as indicated in, file #10-Z1849.

 

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.

 

 

TUESDAY, MAY 10, 2011

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Frank Lancaster, County Manager; Donna Hart, Commissioners’ Office; Martina Wilkinson, Engineering Department; Andy Paratore and Stacey Baumgarn, Facilities and Information Technology; Jeannine Haag, Linda Connors, and William Ressue, County Attorney’s Office; and Dana Bouchard, Deputy Clerk.

 

1.         PUBLIC COMMENT:        There was no public present for comment today.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 2, 2011:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of May 2, 2011, as amended.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 16, 2011:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA: 

 

M O T I O N

 

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

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petitions for Abatement are denied:  John Nacos, Robert Jeska, Evelyn M. Weldon, Salvatore Sedita, Irene Alexandra Hinst, Double Eagle Consulting LLC, and Donna Karr.

 

05102011A001           CONTRACT AMENDMENT NO.1 TO ORIGINAL CONTRACT ROUTING NO.3011-1310, CMS #20506 DEPARTMENT OF HEALTH CARE POLICY AND FINANCING BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO

 

05102011A002           DRAINAGE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LOVELAND PROTESTANT REFORMED CHURCH AND LOVELAND PROTESTANT REFORMED CHRISTIAN SCHOOL

 

05102011A003           DEPARTMENT OF PUBLIC WORKS CONTRACT FOR PROJECT NO.8063 COAL CREEK FLOOD MITIGATION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TECHNOLOGY CONSTRUCTION INC

 

05102011R001           FINDINGS AND RESOLUTION APPROVING THE LAKESHORE MARINA CONDOMINIUM MAP AMENDMENT

 

05102011R002           FINDINGS AND RESOLUTION APPROVING THE REINSTATEMENT AND EXTENSION OF THE ENCLAVE AT EAGLE VIEW CONSERVATION DEVELOPMENT PRELIMINARY PLAT APPROVAL

 

05102011R003           FINDINGS AND RESOLUTION APPROVING THE VACATION OF A UTILITY EASEMENT IN LOT 3 OF ROSS ESTATES

 

MISCELLANEOUS:  Agreement and Release between employee and Larimer County.

 

LIQUOR LICENSES:  The following liquor licenses are recommended for approval and issuance:  Pool Tyme Billiards – Tavern – Loveland; Aspen Lodge – Hotel and Restaurant with Option Premise – Estes Park; and Phaze Night Club – Modification of Premises – Loveland.

 

Motion carried 3-0.

 

5.         ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) PROGRAM OUTCOMES AND ONGOING PROJECTS:  Mr. Baumgarn and Mr. Paratore updated the Board on the energy saving projects the county is involved in, and some recent recognition the county received for practicing conservation.

 

6.         ROCKY MOUNTAIN NATIONAL PARK UPDATE:  Vaughn Baker, Rocky Mountain National Park Superintendent, and Kyle Patterson, Public Information Officer, presented the Board with an overview of the park.

 

7.         COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the past week.

 

(At this point Frank Lancaster joined the meeting and relieved Mr. Gluckman.)

 

8.         COUNTY MANAGER WORKSESSION:  Mr. Lancaster requested some clarification from the Board regarding the Greeley water pipeline project.

 

Commissioner Johnson explained that the meeting should be a discussion between the citizens and Greeley.

 

Mr. Lancaster also briefly spoke about the potential for flooding in Larimer County due to the high level of snow pack in the mountains this year. The Board discussed some possible response efforts and decided to continue this discussion at the next meeting.

 

9.         LEGAL MATTERS:  Ms. Connors presented the Board with a settlement letter regarding liquor code violations by City Limit Liquor. As punishment, the establishment will undergo a two week suspension lasting from, 12:00 a.m., May 12, 2011 to 12:00 a.m., May 26, 2011.

 

Ms. Connors requested the Board’s approval of the settlement and suspension.

M O T I O N  

 

Commissioner Johnson moved that the Board of County Commissioners approve the proposed settlement for liquor license violation by City Limit Liquor.

 

Motion carried 3-0.

 

Ms. Haag requested the Board go into Executive Session for the purpose of receiving confidential legal advice.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

The Executive Session ended at 11:15 a.m., with no further action taken.

 

 

TUESDAY, MAY 10, 2011

 

LIQUOR LICENSE HEARING

 

 

The Board of County Commissioners reconvened at 2:00 p.m. with Assistant County Attorney Linda Connors.  Chair Donnelly presided and Commissioners Johnson and Gaiter were present.  Also present were:  Bradley Modesitt, Applicant; Max Scott, Oedipus Surveying Company; and Dana Bouchard and Gael Cookman, Deputy Clerks.

 

Ms. Connors reviewed the contents of the application, and presented Exhibit A, photo of the posting of the premises, and Exhibit B1 – B4, the petitions and summary report demonstrating the needs and desires of the surrounding neighborhood.  Ms. Cookman put Mr. Modesitt under oath, and Ms. Connors then asked him a series of questions regarding the posting of the premises.

 

Ms. Cookman then put Mr. Scott under oath, and Ms. Connors asked him a number of questions regarding the petitions.  Mr. Scott explained that the survey results revealed a 96% approval of the use, which clearly supports that the needs and desires of the neighborhood favor implementation of this liquor license.  

 

Ms. Connors asked if Mr. Modesitt was familiar with the liquor laws in the state of Colorado, and Mr. Modesitt indicated that he was, and that he intends to enroll all of his staff in TIPS training as well. 

 

Ms. Connors then noted for the record that there was no one in the audience in opposition to granting this liquor license.

 

M O T I O N

Commissioner Gaiter moved that the Board of County Commissioners approve the application and grant a Beer and Wine license for Mountain Whitewater Descents, Inc., located at 1329 N U.S. Highway 287, Fort Collins, Colorado. 

 

Motion carried 3-0.

 

The meeting adjourned at 2:30 p.m.

 

 

__________________________________________

   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Dana Bouchard, Deputy County Clerk

 

 

______________________________________

Gael M. Cookman, Deputy County Clerk