> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 11/21/11  

 

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, November 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 Commissioners Gaiter and Johnson were present. Also present were:  Traci Shambo, Engineering Department; Dave Shirk, Estes Park Planning Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

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

 

1.         NIEBER EXEMPTION LOTS 2 AND 3 AMENDED PLAT :  This is a request to combine two A-1 zoned tracts into a single tract and eliminate their interior setbacks. Existing Tract 2 is 0.67-acres and includes two dwelling units, and Tract 3 is 0.38-acres and contains one dwelling unit; therefore, if approved, the resultant Tract 2A would be 1.048-acres and would contain three dwellings. 

 

The combination of the tracts increases density potential by one unit because the two lots would have “fractional” density allowances, meaning Tract 2 would have a density allowance of 2.68 units and Tract 3 would have a density allowance of 1.5 units.  Combined, the lots would have an allowance for 4.18 units.

 

Staff recommends the approval of the requested amended plat subject to the following conditions:

 

1.    Within sixty (60) days of the Board’s approval of the amended plat, the developer shall submit the plat for recording. If the plat is not submitted for recording within the sixty-day time period, the approval shall automatically lapse, becoming null and void.

 

2.    Reformat plat for recording (remove improvements).

 

3.    Include 1/8 inch perimeter cross-hatching.

 

4.    Relocate the Boundary Line Adjustment note so it is below the plat graphic.

 

5.    Include vested rights statement.

 

6.    Reduce the size of the “Former” tract information so it is subordinate to the “Tract 2A” information.

 

7.    Center “Tract 2A” information on the plat graphic.

 

8.    Compliance with September 28, 2011, comments from Utilities and Public Works. 

 

2.         CRYSTAL LAKES 6TH FILING LOT 30, UTILITY EASEMENT VACATION, FILE #11-S3078:    This is a request to vacate a 15-foot utility easement adjacent to the north edge of the property for the entire width of Lot 30, Crystal Lakes 6th Filing. There are existing structures that encroach into the easement and the request will allow the structures to remain without any changes. The easement vacation request has been reviewed by utility providers. 

 

Staff recommends approval of the Crystal Lakes 6th Filing, Lot 30, Utility Easement Vacation, file #11-S3078, a request to vacate an 15-foot utility easement located south of the common lot line of Lots 29 and 30.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

Mr. Lafferty requested the Board also approve the Findings and Resolution Approving the Utility Easement Vacation for Lot 30, Crystal Lakes 6th Filing, so that the applicant may proceed on schedule.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Findings and Resolution Approving the Utility Easement Vacation for Lot 30, Crystal Lakes 6th Filing.

 

Motion carried 3-0.

 

11212011R001           FINDINGS AND RESOLUTION APPROVING THE UTILITY EASEMENT VACATION FOR LOT 30, CRYSTAL LAKES 6TH FILLING.

 

There being no further business, the Board recessed at 3:15 p.m.

 

PUBLIC HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Frank Lancaster. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Bob Keister and Deni LaRue, Commissioners’ Office; Stephen Gillette, Solid Waste Department; and Melissa Lohry, Deputy Clerk.

 

Chair Donnelly opened the hearing and asked for public comment on the Land Use Code. No one from the audience addressed the Board regarding this topic.

 

1.         PROPOSED FEE SCHEDULE FOR LARIMER COUNTY LANDFILL AND THE BERTHOUD/WELLINGTON/RED FEATHER LAKES TRANSFER STATIONS:   This is a request for approval of a 10% fee increase for the disposal of rubble, asphalt, asphalt shingles, concrete, tree trunks, and dirt at the Larimer County Landfill. The proposed increase would also be assessed at the Berthoud, Wellington, and Red Feather Lakes Transfer Stations.

 

Mr. Gillette addressed the Board and stated that the Larimer County Landfill is well below current market rates, when compared to surrounding landfills, especially concerning rubble, asphalt, asphalt shingles, tree trunks, concrete, dirt, and sludge. Mr. Gillette explained that due to the rates being extremely low, Larimer County is experiencing increased traffic and dumping from surrounding counties and states. Furthermore, rubble, asphalt, asphalt shingles, tree trunks, concrete, dirt, and sludge are not compactable, meaning, these materials take-up a great amount of space.

 

Chair Donnelly opened the hearing to public comment and Eric Sutherland addressed the Board with support of the proposed rate increase and praise for the Larimer County Landfill’s many recycling programs. Mr. Sutherland also encouraged increased collaboration with the City of Fort Collins.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve a 10% fee schedule increase, effective January 1, 2012, for the disposal of rubble, asphalt, asphalt shingles, tree trunks, concrete, dirt, and sludge at Larimer County Landfill and the Berthoud, Wellington, and Red Feather Lakes Transfer Stations.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned their discussion of this topic at 7:00 p.m.

 

TUESDAY, NOVEMBER 22, 2011

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Sheriff Justin Smith, Sheriff’s Office; Mark Peterson and Traci Shambo, Engineering Department; George Hass, County Attorney; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Mel Hilgenberg addressed the Board and commented on the proposed County Budget.

 

Cheryl Distaso, Coordinator of the Center for Justice, Peace, and Environment, addressed the Board to relay the financial and emotional stress placed on residents of the Bender Mobile Home Park. Ms. Distaso explained that the park was purchased by a developer in September leaving residents with only 6-months to relocate.

 

Eric Sutherland provided the Board with a copy of a document from the Poudre School District regarding the impacts of Tax Increment Financing (TIF) on schools. Mr. Sutherland also thanked the Board for allowing public comment and ensuring citizen’s free speech.

 

Rosemary Van Gorder addressed the Board regarding the practices and procedures of the Department of Health and Human Services.

 

The Board thanked everyone who commented.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 14, 2011:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of November 14, 2011.

 

Motion carried 3-0.

 

3.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Consent Agenda as outlined below:

 

11222011A001           AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS THROUGH THE LARIMER COUNTY WORKFORCE CENTER, YOUTH CONSERVATION CORPS AND THE CITY OF FORT COLLINS

 

11222011A002           AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS THROUGH THE LARIMER COUNTY WORKFORCE CENTER, YOUTH CONSERVATION CORPS AND THE CITY OF LOVELAND

 

MISCELLANEOUS:  Appoint Davon Cook to the Berthoud Community Library District Board of Trustees; Appoint Gary L. Wamsley to the Berthoud Community Library District Board of Trustees; Apoint Dyce Gayton to PID #30, Poudre Overlook; Department of Human Services Payments for October 2011; Amendment #3 to the Larimer County Contributory Retirement Plan; Findings and Order for The Rock Inn, Ltd., doing business as The Rock Inn.

 

LIQUOR LICENSES:  The following licenses were approved and/or issued:  Phaze Resorts LLC, doing business as Phaze Event Center – Transfer of Ownership with Temporary Permit – Loveland; Western Ridge Restaurant and Resort LLC – Hotel and Restaurant – Livermore; CSU Concessions/Stadium, doing business as Ovations Food Services LP – 3.2% – Fort Collins; CSU Concessions/Stadium, doing business as Ovations Food Services LP – Hotel and Restaurant – Fort Collins.

 

Motion carried 3-0.

 

4.         RECOGNITION OF LARIMER COUNTY’S 150TH ANNIVERSARY:   Pam Shaddock, representative for U.S. Senator Mark Udall, presented the Board with a certificate recognizing Larimer County’s 150th Anniversary.

 

5.         SHERIFF’S QUARTERLY UPDATE:  Sheriff Smith addressed the Board and provided an update on the activities within the Sheriff’s office including the response to downed trees and power lines, resulting from last month’s snow showers, and a recent inmate uprising.

 

The Board thanked Sheriff Smith for the update.

 

6.         PRESENTATION OF THE LOVELAND MIDTOWN URBAN RENEWAL AUTHORITY:  Bill Cahill, Loveland City Manager, and Mike Shaw, Loveland Principal Planner, presented an overview of the proposed Loveland Midtown URA. Mr. Cahill stated that while the city is still working on the impact analysis, required by C.R.S. 31-35-107, he wanted to provide an overview of the proposal and a preliminary estimate of tax increments.

 

Chair Donnelly thanked Mr. Cahill and Mr. Shaw for the appearing before the Board and expressed the Board’s interest in the Loveland City Council’s willingness to compromise with the county regarding the proposal.

 

7.         LITTLE THOMPSON RIVER FEMA FLOODPLAIN MAPPING CHANGES:   Mr. Peterson addressed the Board and presented the proposed Little Thompson River FEMA Floodplain Mapping Changes. Mr. Peterson explained that in 2006 FEMA and the Colorado Water Conservancy Board conducted a floodplain map modernization process and created new digital floodplain maps for Larimer County, which has resulted in the creation of a 100-year floodplain for the Little Thompson River.

 

The county only recently learned that the formal 90-day appeal period for the Little Thompson River floodplain map changes was scheduled to begin on November 24, 2011; however, after contacting FEMA, the process has been temporarily paused to allow for comments. Mr. Peterson proposed the Board schedule a more detailed discussion of the topic during a joint Planning Commission meeting in December, notify all affected property owners, and host a public open house, with the Town of Berthoud, in early January.

 

Some discussion ensued between the Board and Mr. Peterson regarding the floodplain’s impact on residents of the county.

 

8.         COUNTY MANAGER WORKSESSION:  Mr. Lancaster noted that congress and President Obama approved a repeal of the 3% Government Contractor Withholding rule, which will make future work between the county and outside contractors much less daunting.

 

Mr. Lancaster also asked the Board to consider the information to be covered during their half-day retreat in December.

 

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

 

10.       LEGAL MATTERS:  Mr. Hass requested approval to file an appeal with the Colorado Supreme Court in regards to the proposed Congressional Redistricting Plan.

 

Much discussion ensued between the Board and Mr. Hass regarding the county’s argument to remain part of the 4th Congressional District.

 

M O T I O N

 

Commissioner Gaiter moved the that Board of County Commissioners approve the resolution to filing of an amicus brief with the Colorado Supreme Court regarding Congressional Redistricting.

 

Commissioner Gaiter voted in favor of the resolution.

Commissioner Johnson voted in favor of the resolution.

Chair Donnelly voted in favor of the resolution.

 

Motion carried 3-0.

 

11222011R001           RESOLUTION APPROVING CONGRESSIONAL REDISTRICTING APPEAL TO THE COLORADO SUPREME COURT

 

There being no further business, the Board recessed at 11:15 a.m.

 

EXECUTIVE SESSION

 

The Board of County Commissioners reconvened at 3:30 p.m. with George Hass, County Attorney. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Marc Engemoen, Public Works; Scott McDaniel, Fairgrounds and Event Center; George Hass, County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Donnelly opened the meeting and Mr. Hass requested the Board go into executive session for the purpose of receiving legal advice regarding ongoing mitigation for buildings at The Ranch.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

There being no further business, the Board recessed at 5:00 p.m.

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafftery, Principal Planner. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Linda Hoffman, Planning Department; Traci Shambo, Engineering Department; Doug Ryan, Environmental Health Department; William Ressue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

Chair Donnelly 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.

 

1.         BINGHAM HILL ROAD, FILE #11-Z1855, 3429 SPECIAL REVIEW:   This is a request for approval of a Community Hall; amendments to the Seasonal Camp element of the Pope Special Review and Appeal (file #10-Z1777); an appeal to Section 8.6.3.C of the Larimer County Land Use Code, to allow a road base surfaced access and parking lot where a paved surface is required; and an appeal to Section 10.5.E of the Land Use Code to allow off-premise signage for the proposed uses.

 

On October 19, 2011, staff presented the Bingham Hill Road Special Review application to the Planning Commission. Prior to the hearing, a field visit was held at the site and was attended by the applicant, the Planning Commission, the Board of County Commissioners, residents of the area, and staff. The field visit provided an overview of the proposed facilities and associated use areas, with a demonstration of planned amplified sound levels occurring in each of the use areas. The attendees also observed the proposed site from four neighboring properties.

 

During the Planning Commission hearing, public comment centered on neighborhood impacts and compatibility stemming from traffic, noise, loss of rural and residential character, and past non-compliance issues. The testimony also included conversation regarding appeals to the requirements for a paved parking surface and allowances for off-premise signage.

 

After taking testimony, the Planning Commission deliberated and voted 4-4 on a motion to approve the community hall portion of the Special Review application. As a tie vote, the motion did not pass. The Planning Commission then made the following recommendations:

 

If the Board of County Commissioners approve the Special Review for the Community Hall, then the Planning Commission would:

 

1.         Support, by a vote of 8-0, amending the conditions of approval for the Pope Special Review and Appeal, file #10-Z1777, pertaining to the Seasonal Camps, as recommended by staff.

 

2.         Support, by a vote of 8-0, the a ppeal to Section 8.6.3.C of the Land Use Code, file #11-Z1855, with the condition that a road maintenance agreement be created to the satisfaction of the County Engineer.

 

3.         Support, by a vote of 8-0, the appeal to Section 10.5.E of the Land Use Code to allow an off-premise sign as proposed by the applicant during the Planning Commission hearing.

 

With regards to the appeal for off-premise signage the applicant has suggested limitations to the sign size, placement, and timing for temporary off-premise signage. Having heard the applicant’s comments on signage, the Planning Commission moved to allow off-premise signage.  Based upon the staff observations of the applicant’s representations and the Planning Commissions’ direction, the following parameters are suggested should the Board of County Commissioners choose to allow such signage:

 

1.         The Bingham Hill Road 3924 Community Hall may have one temporary on or off premises directional sign that is located on private property no farther from the subject parcel than the nearest public road (Bingham Hill Road), with a one or two sided sign face that is no more than six-square-feet per face, a sign height no more than four-feet, and may only appear on the day of an allowed community hall event.

 

2.         Said signage shall be located outside of any Sight Distance Triangle as defined by Section 4.3.2.3 of the Larimer County Rural Area Road Standards.

 

3.         The applicant shall secure appropriate legal rights to place said off-premise sign on neighboring private property.

 

Since the Planning Commission hearing, both the applicant and neighboring property owners have commented on various component of the application, said comments are paraphrased below:

 

The neighbors suggest that reducing the size of the tent envelope by relocating its northern extent to align with the north side of the gymnasium would give neighboring properties to the west better noise protection. Additionally, it is suggested, that by limiting activities in the tent area in the same manner that activities are proposed to be limited by staff conditions in the beach/lawn area, the neighboring property owners to the north and east would also be provided with equal noise protection.

 

The applicant has discussed modifying the proposed condition specifying a maximum of 130 guests per event, to an average maximum of 130 guests for all events. Further, they suggest a maximum guest cap greater than 130 for the maximum number of allowed guest at any given event.

 

Staff observes that the application as proposed (file #11-Z1855) is similar in terms of the allowed number of guests and vehicle trips to the previously approved Pope Special Review application (file #10-Z1777). The approval for that application required the parking lot and access drive to be paved, but allowed the business to operate for one year with an all weather surface prior to installation of the pavement. This phased approach was intended to ease the financial burden of the required pavement and was acceptable to the applicant at the time of approval. Because the approval was revoked, the one-year delay period has passed and the parking lot is not paved.

 

1.    Staff recommends approval of the Bingham Hill Road 3924 Special Review, file #11-Z1855, subject to the following conditions:

 

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

 

b.    The site shall be developed consistent with the approved plan and with the information contained in the Bingham Hill Road 3924 Special Review, file #11-Z1855, except as modified by the conditions of approval. The applicant shall be subject to all other verbal or written representations and commitments of record for the Bingham Hill Road 3924 Special Review, file #11-Z1855.

 

c.    Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.

 

d.    This application is approved without the requirement for a Development Agreement.

 

e.    In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistently with the approved Special Review, the applicant agrees that in addition to all other remedies available to the county, the county may withhold building permits, issue a written notice to the applicant to appear and show cause why the Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the 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 Special Review approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees.

 

f.    The county may conduct periodic inspections of the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.

 

g.    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 Special Review approval.

 

h.    There shall be no more than 40 Community Hall activities allowed annually on the Bingham Hill 3924 property. Said activities shall be allocated as 33 wedding/celebration receptions and 7 business/corporate events. The number of events shall be counted from January 1 to December 31 in each calendar year, without carryover into subsequent years.

 

i.    Each of the 33 wedding/celebration receptions and 7 business/corporate events held each calendar year shall be limited to a maximum of 130 guests, and 12 service personnel. It is recognized that an “event” includes the primary gathering of people for the meeting, wedding, or celebration as well as some visits to the facility during event planning. For example, wedding rehearsals (not including rehearsal dinners) are considered to be part of the single event, even if the activity occurs on the day prior to the event.

 

j.    The owner/operator shall ensure that all patrons and service personnel park in the designated parking lot, which parking lot contains 62 parking spaces (three of which shall be handicapped spaces).

 

k.    Fire access roads and fire lanes requirements as outlined in the referral letter found in the application file from the Poudre Fire Authority, by Carie Dann, Fire Protection Technician and dated August 8, 2011, shall be complied with at all times.

 

l.    All fire lanes as identified by the Poudre Fire Authority shall remain open and unobstructed during Community Hall events.

 

m.    Prior to any Community Hall use associated with the Bingham Hill Road 3924 Special Review, the applicant/owner shall install an automatic fire sprinkler system in the gym/multipurpose building. Said system shall be approved and inspected by the Larimer County Building Department and the Poudre Fire Authority prior to use of the building.

 

n.    Any activities held in the area around the north and west sides of the pond (including the beach area, lawn area, deck, and gazebo) shall be limited to 2 hours in duration. It is recognized that set-up, limited activities by a limited number of event hosts, and tear down/clean up activities will extend beyond the 2 hour period.

 

o.    The area described in the previous condition (#n.) shall be separated by a locked gate from other use areas to the east and north.

 

p.    Events shall only be allowed on the property for the Bingham Hill Road 3924 Community Hall use between the hours of 9:00 a.m. and 10:00 p.m. 

 

q.    The owner/operator of the events center at Bingham Hill Road 3924 shall hire a security firm licensed and bonded in the State of Colorado to monitor and report on the operations and functions of all events. The reports shall, at a minimum, address the following (to address unforeseen issues the following list of reported items can be expanded by the Larimer County Planning Director at any time):

 

      i.    Placement and orientation of all speakers being used outside of the Gym/multipurpose room per the approved speaker placement and orientation plan dated October 19, 2011;

 

      ii.    One decibel reading per hour at a distance of three (3) feet from the front of each speaker;

 

      iii.    Number of guests attending the event;

 

      iv.    Number of service personnel at the event;

 

      v.    Areas of the site used for activities (including the amount of time in each space);

 

      vi.    Start and finish time for the event;

 

     vii.    Number of vehicles in the parking area; and

 

      viii.    Any other pertinent information such as neighbor complaints and/or visits by County or Poudre Fire Authority personnel.

 

r.    The owner/operator shall provide contact information for the security firm overseeing the event at least 24 hours in advance of the event. Notice may be provided via website posting on the business web page or via e-mail or direct mail to the Planning Department and neighboring property owners within 500-feet of the boundaries of the subject property. 

 

s.    A complete signed report from the security firm must be received by the Planning Department within 10-calendar-days of each event.

 

t.    Prior to any use activity associated with the Bingham Hill Road 3924 Special Review, the applicant/owner shall remove the roof from the existing deck at the southwest corner of the pond.

 

u.    The applicant/owner shall ensure that all transportation to and from the site by guests and service personnel shall be via typical surface transportation. No alternative transportation (helicopter, hot air balloon, or similar transports) shall be allowed for the event uses and activities.

 

v.    Prior to the Board of County Commissioners public hearing for this request, the applicant shall provide a Speaker Placement and Orientation Plan. Said plan shall address the location, orientation and height of all speakers used for Community Hall activities outside of the gym/multipurpose room, and further shall be consistent with the sound analysis, provided with the original application submittal, prepared by Harms Sound Labs and dated June 24, 2011.

 

2.    Staff recommends that the conditions of approval for the Pope Special Review and Appeal, file #10-Z1777 pertaining to the Seasonal Camps, see also Findings and Resolution at Reception 20100038712, be amended as follows:

 

a.    This Special Review approval, for the Seasonal Camp, shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

b.    The Seasonal Camp portions of the site shall be developed consistent with the approved plan and with the information contained in the Bingham Hill Farms Special Review, file #10-Z1777, 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 Pope Special Review.

 

c.    Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.

 

d.    If the Pope Special Review for the Community Hall is not approved, the applicant shall provide a revised site design illustrating a 7-10 stall parking instead of the 50-stall parking lot proposed with the initial application. 

 

e.    This application is approved without the requirement for a Development Agreement.

 

f.    In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review, the applicant agrees that in addition to all other remedies available to the county, the county may withhold building permits, issue a written notice to applicant to appear and show cause why the Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review. All remedies are cumulative and the county’s election to use one shall not preclude use of another. In the event the county must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees.

 

g.    The county may conduct periodic inspections of the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.

 

h.    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 Special Review approval.

 

i.    Prior to the commencement of the use, the applicant shall provide a commitment letter from the City of Fort Collins Water District for expanded water service for the use.

 

j.    Prior to the commencement of the use, the applicant shall obtain a Change of Use Permit from the Larimer County Building Department for the occupancy of the gymnasium for the uses proposed. This permit shall include approval by the Poudre Fire Authority with regards to fire protection.

 

k.    Prior to the commencement of the use, the applicant shall obtain a septic permit and the septic system shall also be completed.

 

l.    There shall be no more than 5 Seasonal Camps annually, per calendar year. The Seasonal Camps will be limited to the following characteristics: allowed number and occupancy of Seasonal Camp activities allowed shall be as follows:

 

Seasonal Camp (2-7 day camps)

Camps limited to 20 participants

Camp season from March 1 to September 30 annually

 

m.    Prior to the commencement of the use, the applicant shall coordinate with Larimer County Engineering Department to install signage at the site access and Bingham Hill Road to warn drivers to use caution due to high levels of bicycle traffic along Bingham Hill Road.

 

n.    Prior to the commencement of the use, the applicant shall provide a maintenance agreement for the shared access road serving the site.

 

3.    Staff recommends denial of the appeal to Section 8.6.3.C of the Land Use Code and further recommends that the required access drive and parking lot for the Bingham Hill Road 3924 Special Review be paved prior to any activities associated with the approved use.

 

4.    Staff recommends denial of the appeal to Section 10.5.E of the Land Use Code to allow an off-premise sign.

 

Chair Donnelly opened the hearing to the applicant and Mr. Pope addressed the Board. Mr. Pope requested that the special review condition for approval, which begins: “Each of the 33 wedding/celebration receptions and 7 business/corporate events held each calendar year shall be limited to a maximum of 130 guests, and 12 service personnel…” be amended to require an average of 130 guests at each of the 33 wedding/celebration receptions, with no more than 145 guests at any event. Mr. Pope also requested the requirement for paving the parking area be waived as guests expect a rural experience.

 

Chair Donnelly opened the hearing to public comment. Amanda Gordon, Ed Stoner, Bev Taylor, John Schmidt, Raye Sullivan, Sandy Walker, Dave Twedt, Lindsay Whitney, Ken Ecton, Shelby Majors, and Rodger Morgan addressed the Board in opposition to the application. Most cited Mr. Pope’s previous transgressions with a similar business venture, their desire to maintain the surrounding area’s rural character, and an incompatibility with the neighborhood.

 

Jim Weis, Debbie Green, Ernie Dunn, Kevin Walker, Susan Brooks, Mary Burnette, Tammy Louis, Eric Carter, Dean Pope, John Fischer, Cathy Duskin, Mike Helnericks, Alan Stoddleman, Matt Martindale, Arlene Yusnukis, Todd Cash, Lisa Bruns, Bryan Hale, George Burnette, Bob Fullen, Monica Cash, Nolan Dustin, Ashley Pope, Pricilla Dresslen, Kelly Stoddleman, Reed Pope, Kyle Maulsby, and Keaton Pope addressed the Board in support of the application citing their belief in Mr. Pope, an opportunity for second chances, and possible economic benefits to nearby businesses.  

 

Chair Donnelly closed the hearing to public comment and allowed the applicant to readdress the Board. Mr. Pope and Sheryl Pope, co-applicants, reiterated their desire for approval and the economic benefits accompanied by the proposed use.

 

Much discussion ensued between the Board and staff regarding the proposed conditions for approval.

 

Chair Donnelly stated that the proposed number of weddings is too high, causing a compatibility problem.

 

Commissioner Johnson echoed concerns for compatibility.

 

Commissioner Gaiter stated that while compatibility was obviously an issue for contention, he felt that a compromise could ultimately be reached.  

 

M O T I ON

 

Commissioner Johnson moved that the Board of County Commissioners deny the Bingham Hill Road 3924 Special Review, file #11-Z1855.

 

Motion carried 2-1, Commissioner Gaiter dissenting.

 

There being no further business, the Board adjourned at 12:15 a.m.

 

 

 

 

 

__________________________________________

   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Melissa E. Lohry, Deputy Clerk