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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, October 15, 2012

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 6:30 p.m. with Russ Legg, Interim Planning Director.  Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Matt Lafferty, Planning Department; Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance.  He then explained that the Board has considered Mr. Ken Ecton’s recent request for a change of process; however, they have chosen to continue the hearings with only one option for public comment.

 

1.   POPE COMMUNITY HALL SPECIAL REVIEW, FILE #12-Z1890:  This is a request for consideration of the Pope Community Hall Special Review for: (1) a Community Hall for 22 Celebratory events annually; (2) amendments to the Seasonal Camp element of  the Pope Special Review and Appeal, File # 10-Z1777, to reduce the number of Seasonal Camps annually to 8, and (3) an appeal to Section 10.5.E of the Land Use Code to allow off-premise signage for the proposed uses.

 

On September 19, 2012, the Development Services Team presented the Pope Community Hall Special Review application to the Planning Commission.   At the hearing, the Planning Commission heard from the Development Services Team, the applicant and the public. 

 

Issues raised during the hearing focused on neighborhood impacts and compatibility stemming from traffic, noise, loss of rural residential character, and past non-compliance issues. 

 

After taking testimony the Planning Commission deliberated and voted on a motion for denial of the application, which motion failed by a 3-6 vote.  A new motion for approval was made and this motion passed by a vote of 6-3.  The Planning Commission then made the recommendations on the remaining related recommendations stating; “If the Board of County Commissioners approves the Special Review for the Community Hall, then the Planning Commission would:

 

Support, by a vote of 7-2, amending the conditions of approval for the Pope Special Review and Appeal, File #10-Z1777 pertaining to the Seasonal Camps, as recommended by the Development Services Team.

 

Denial, by a vote of 7-2, the Appeal to Section 10.5.E of the Land Use Code to allow an off-premise sign.

 

1. The Development Services Team recommends approval of the Pope Community Hall Special Review, File #12-Z1890 subject to the following condition(s):

               

    1. 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.
    2. The Site shall be developed consistent with the approved plan and with the information contained in the Pope Community Hall Special Review, File #12-Z1890 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 Pope Community Hall Special Review, File #12-Z1890.
    3. 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
    4. This application is approved without the requirement for a Development Agreement.
    5. 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, 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 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, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.
    6. 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.
    7. 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 22 celebratory events/activities allowed annually on the property.  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 22 celebratory events/activities shall be limited to a maximum of 99 occupants (150 when adequate fire protection systems are installed and approved by the Poudre Fire Department).  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.   All patrons and service personnel shall be required to park in the designated parking lot, which parking lot contains 62 parking spaces (three of which shall be handicapped spaces).

k.   Celebratory use of the property shall only be allowed between the hours of 9:00 AM and 10:00 PM. 

l.   The location, orientation and height of all speakers used for Community Hall activities outside of the gym/multipurpose room shall be as illustrated in the speaker placement plans and further shall be consistent with the sound analysis, prepared by Harms Sound Labs and dated June 24, 2011.

 

  1. The Development Services Team 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 320100038712, be amended as follows:

 

    1. 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.
    2. 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.
    3. 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
    4. 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. 
    5. This application is approved without the requirement for a Development Agreement.
    6. 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, 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 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, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.
    7. County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.
    8. 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.
    9. 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.
    10. 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.
    11. Prior to the commencement of the use the applicant shall obtain approval a septic permit, the septic system shall also be completed
    12. There shall be no more than 8 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

Each camp session reduces total number of Community Hall events by 1

m.   Prior to the commencement of the use the applicant shall to 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.   The Development Services Team recommends denial of the Appeal to Section 10.5.E of the Land Use Code to allow an off-premise sign.

 

The Planning Department presented the Pope Community Hall Special Review application to the LaPorte Planning Advisory Committee on August 21, 2012.  After receiving testimony from Staff, the applicant and interested citizens, the LAPAC made a recommendation of denial by a vote of 5-1 and 1 abstaining.  In their deliberations compatibility was the overarching issue.

 

The Planning Commission recommends to the Board of County Commissioners denial of Pope Community Hall Special Review, file #12-Z1890.

 

The Planning Commission recommends to the Board of County Commissioners approval of Pope Community Hall Special Review, file #12-Z1890, 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 Pope Community Hall Special Review, File #12-Z1890 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 Pope Community Hall Special Review, File #12-Z1890.

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 consistent with the approved Special Review, 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 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, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.

f.   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 22 celebratory events/activities allowed annually on the property.  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 22 celebratory events/activities shall be limited to a maximum of 99 occupants (150 when adequate fire protection systems are installed and approved by the Poudre Fire Department).  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.   All patrons and service personnel shall be required to park in the designated parking lot, which parking lot contains 62 parking spaces (three of which shall be handicapped spaces).

k.   Celebratory use of the property shall only be allowed between the hours of 9:00 AM and 10:00 PM. 

l.   The location, orientation and height of all speakers used for Community Hall activities outside of the gym/multipurpose room shall be as illustrated in the speaker placement plans and further shall be consistent with the sound analysis, prepared by Harms Sound Labs and dated June 24, 2011.

 

The Planning Commission recommends to the Board of County Commissioners that the conditions of approval for the Pope Special Review and Appeal, file #10-Z1777, pertaining to the Seasonal Camps 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, 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 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, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.

g.   County may conduct periodic inspections to 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 approval a septic permit, the septic system shall also be completed

l.   There shall be no more than 8 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

Each camp session reduces total number of Community Hall events by 1

m.   Prior to the commencement of the use the applicant shall to 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.

 

The Planning Commission recommend to the Board of County Commissioners denial of the appeal to Section 10.5.E of the Larimer County Land Use Code to allow an off-premise sign. 

 

Mr. Legg and Mr. Lafferty briefly explained the application, as outlined above. 

 

Mr. Pope, the applicant, also briefly explained his proposal and asked for the Board’s approval on his application.

 

Chair Gaiter then opened up the hearing for public comment and the following individuals addressed the Board opposing the application:  Joe Sullivan, Ken Ecton, John Schmidt, Jamie Burt, Ed Stoner, Shelby Majors, Elizabeth Whitney, Sandy Walker, Myrne Watrous, David Twedt, Christine Weines, Ray Sullivan, Dick Spiess, and Rebecca Douglas.

 

Those opposed stated concerns over noise, increased traffic, decreased property values, incompatibility with the neighborhood, and possible interference with the historic preservation of the agricultural area.  Mr. Twedt also provided a petitioned signed by the community, which revealed that 80.6% of the neighbors are opposed to the application.

 

No one spoke in favor of the application, and Chair Gaiter closed public comment.

 

Mr. Pope stated that with regard to the noise, all the celebrating would take place in the gymnasium and dancing or partying outdoors would not be allowed.  He also reiterated that there will be security on site, and noise control will be monitored.  Mr. Pope then read a letter that outlined his plans and he requested approval on the Special Review application.

 

Much discussion ensued regarding compatibility, and how many events should be allowed if the application was approved.  Other items of concern were outdoor tent structures, signage, and controlling amplified noise outdoors.  Ultimately, the Board requested a work session with planning staff for further discussion.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners table the Pope Community Hall Special Review, File #12-Z1890, to December 3, 2012, at 6:30 p.m.

 

Motion carried 3-0.

 

The hearing adjourned at 9:50 p.m.

 

TUESDAY, OCTOBER 9, 2012

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager.   Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Deni LaRue, and Donna Hart, Commissioners’ Office; Sheriff Justin Smith, Sheriff’s Department; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.   PUBLIC COMMENT:  Sheriff Smith clarified some budget items and dollar amounts for the Board. 

 

Eric Sutherland complimented the Board of their budget practices, and provided some additional general comments on both the city and county budget processes.

 

Mel Hilgenberg provided an update on community events, and again provided comments for the Board regarding his Medicare situation and his negative personal experience with the Department of Human Services thus far.

 

2.   APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 8, 2012: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of October 8, 2012.

 

Motion carried 3-0.

 

3.   REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 22, 2012:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.   CONSENT AGENDA:

 

M O T I ON

 

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

 

10162012A001           MEMORANDUM OF UNDERSTANDING FOR PREQUALIFIED BUILDING DEPARTMENTS FOR PUBLIC SCHOOL CONSTRUCTION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF PUBLIC SAFETY, AND THE DIVISION OF FIRE PREVENTION AND CONTROL

 

10162012R001           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE

 

10162012R002           RESOLUTION RESCINDING FINDINGS AND RESOLUTION THAT APPROVED THE AMENDED PLAT OF TRACTS A AND B IN THE PARKER MINOR RESIDENTIAL DEVELOPMENT

 

10162012R003           SECOND AMENDED SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF BROWNSTONE QUARRY

 

10162012R004           FINDINGS AND REOLUTION APPROVING THE REVISED PARKER SECOND SUBDIVISION

 

10162012R005           LOT CONSOLIDATION RESOLUTION AMENDED PLAT OF LOT 1 OF THE AMENDED PLAT OF LOTS 7 & 8, BLOCK 29 S NOKOMIS SUBDIVISION & LOTS 12, 13, 25, 26, 27, 28, BLOCK 27 & LOTS 9, 10, 11 BLOCK 29 S NOKOMIS SUBDIVISION, PARTIAL LITTLE SIOUX ROAD RIGHT-OF-WAY VACATION, & LAND USE CODE APPEAL

 

10162012R006           FINDINGS AND RESOLUTION APPROVING AMENDMENTS TO THE DEVELOPMENT AGREEMENT FOR WARBERG FARM CONSERVATION DEVELOPMENT

 

10162012R007           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF THE HERNDON EXEMPTION PLAT

 

10162012R008           FINDINGS AND RESOLUTION APPROVING THE NEWT PLD LOT 2 AMENDED PLAT

 

10162012R009           FINDINGS AND RESOLUTION APPROVING THE FOX/O’DELL PUBLIC SITE PLAT REVIEW APPEAL

 

10162012R010           SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF JEFF KEITH FOR ATLAS TOWERS

 

MISCELLANEOUS:  Recommendation for appointment of M. Madeleine Wawro to the Poudre River Public Library District Board effective October 16, 2012, and expiring on February 28, 2016; Order and Assessment for Inclusion of Unpaid and Delinquent Stormwater Fees and Charges Owed to Boxelder Stormwater Authority on Larimer County Tax Bills. 

 

LIQUOR LICENSES:  The following liquor licenses were approved and/or issued:  Fort Namaqua Liquors – Retail Liquor Store – Loveland; Ptarmigan County Club – Hotel & Restaurant with Optional Premises – Fort Collins; Hilltop General Store – Retail Liquor Store – Red Feather Lakes; Al’s Canyon Grill – Hotel & Restaurant – Fort Collins; Hometown Liquors – Retail Liquor Store - Berthoud.

 

Motion carried 3-0.

 

5.  WORKSESSION:  There were no worksession items to discuss.

 

6.   COMMISSIONER ACTIVTY REPORTS:  The Board shared their activities at events during the past week.

 

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

 

The meeting adjourned at 9:40 a.m., with no further action taken.

 

 

 

__________________________________________

   LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________        

Gael M. Cookman, Deputy Clerk

 

 

 

 

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