MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Clint Jones, Engineering Department; Doug Ryan, Environmental Health Department; Karin Madson, and Terry Gilbert, Planning Department; Jeannine Haag, County Attorney; and Gael Cookman, Deputy Clerk.
Chair Johnson opened the hearing with the Pledge of Allegiance, and explained that the only item on the agenda was on consent and would not be discussed unless requested by the Board, staff, or other members of the audience:
1. KOEHLER/ROSE TRANSFERRABLE DENSITY UNIT (TDU) APPEAL, FILE #13-G0251: The applicant has requested an appeal to the number of TDU exemption lots that can be created on a sending parcel according to the formula in the Land Use Code (LUC). The property is 35.58 acres and is currently undeveloped. The applicant would like to create 3 residential lots in addition to a lot unbuildable outlot using the TDU exemption process outlined in the Fossil Creek Reservoir Area transferable density units overlay zone, section 4.2.3.J.5 of the LUC. Currently the Code allows for a 2 lot exemption. The northern portion of the property is within the receiving area and the southern portion of the property is within the sending area of the Fossil Creek Reservoir Plan Area. Staff would like to note that a proposed TDU exemption plat will be required to meet the review criteria outlined in 4.2.3.J.5.a.3 of the LUC.
Section 4.2.3.J.5. Where a sending parcel owner retains the right to develop part of her/his property by subdivision into lots pursuant to a use covenant signed before the sale of any TDU's, the division may be made in one of the following ways.
a. Where the total number of lots is equal to or less than the total acreage of the property divided by 35 (rounded down to the nearest whole number) plus one, or six, whichever is less, the owner may use the following process. This process will be considered a subdivision exemption process under C.R.S. § 30-28-101(10)(d) and will be referred to as the TDU exemption process of TDU exemption plat.
In this case the property is 35.58 acres, which when divided by 35 would allow a total of 2 units. Using this formula the property owner would be allowed to use the exemption plat process to create 2 residential units. The applicant is requesting approval to use this TDU exemption plat process to create 3 residential lots in addition to an unbuildable outlot.
b. Where the total number of lots exceeds the number allowed for the TDU exemption process, the land division process appropriate to the location, size and proposed density will apply. If the rural land use process is used, no bonus units will be allowed. If this appeal were not to be approved the applicant would be required to use an appropriate land division process or reduce the number of lots to be created. Approximately 5 acres of the property is within the Fossil Creek Area receiving area and could be developed at a higher density of one unit per half acre. Approval of the TDU exemption would limit future development to the proposed 3 residential lots.
The Department of Health and Environment commented previously during the sketch plan review application for this development. They consider this proposal to be low impact and have indicated that the exemption process along with the associated review criteria will provide adequate documentation.
The City of Fort Collins also provided comments with regard to road improvements/TCEF’s, protection of the environmentally sensitive area, and indicated their support for the proposed appeal (consistent with additional comments provided during the sketch plan review).
The City of Fort Collins, Natural Areas, also provided comments regarding the appeal and the proposed layout. They would prefer any development to be located outside the Resource Management Area (RMA) shown in the Fossil Creek Reservoir Plan. They would like to see the lots sizes reduced and moved or a building envelope on the southern parcel, with development confined to the north ¼ of the parcel.
The Development Services Team findings are as follows:
A. Approval of this appeal will not subvert the purpose of this requirement since the appeal responds to site specific conditions and constraints and serves to facilitate the objectives of Fossil Creek Area Plan by keeping the natural resource area undeveloped.
B. Approval of this appeal will not be detrimental to the public health, safety or property values in the neighborhood.
C. Approval of this appeal is the minimum action necessary to facilitate limited development in this area and protection of the natural resource area.
D. Approval of the appeal will not result in increased costs to the general public.
E. Approval of the appeal is consistent with the intent and purpose of the Code in that the appeal process is designed to allowed flexibility in cases where the request is beneficial to the residents of Larimer County.
The Development Services Team recommends approval of the Koehler/Rose TDU Exemption Appeal to Section 4.2.3.J.5 of the Land Use Code to allow the applicant to use the TDU exemption process to create 3 residential lots on a 35.58 acre property.
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.
The hearing recessed at 3:05 p.m.
BOUTIQUE EVENT CENTER
SPECIAL REVIEW HEARING
The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Michael Whitley, and Terry Gilbert, Planning Department; Clint Jones, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney; and Gael Cookman, Deputy Clerk
1. BOUTIQUE EVENT CENTER SPECIAL REVIEW, FILE #12-Z1885: This is a request for: A) Special Review Approval for a Community Hall/Event Center & a Resort Lodge/Rental Cabins in the O-Open Zoning District; and B) Appeal to Section 8.6.3.C.1 of the Land Use Code Regarding Paving of the Parking and Access
This item was on the discussion agenda for the June 19, 2013, Planning Commission public hearing at 6:30 pm. At the hearing Staff presented the Development Services Team report recommending approval of the proposed Special Review and recommending denial of the Appeal to Section 8.6.3.C.1 of the Land Use Code .
The Planning Commission listened to testimony from the applicant and public regarding the application. Seven members of the public spoke at the hearing. Although some who testified had concerns about the potential for noise and traffic impacts, nobody expressed the opinion that the project should be denied. A number of people supported the applicants’ appeal to the paved parking and access standard and two people opposed the appeal. A summary of the public testimony can be found in the attached Planning Commission minutes.
After taking testimony the Planning Commission deliberated and voted unanimously (7 to 0) to recommend approval of the Special Review, stating they found the proposal meets the review criteria. The Planning Commission voted 6-1 to recommend denial of the appeal to Section 8.6.3.C.1 of the Land Use Code.
A letter opposing the Special Review based on traffic, noise and safety concerns was received after the Planning Commission hearing.
State law requires that surface property owners provide notice to mineral estate owners and lessees at least thirty days prior to the initial public hearing on an application for development. The property owners did not provide that notice prior to the Planning Commission hearing. The applicant hired a company that found no mineral estates owners or lessees of record. The applicant published a legal notice in a newspaper 30 days prior to the Board of County Commissioners hearing.
The Planning Commission recommend to the Board of County Commissioners approval of the Boutique Event Center Special Review, file #12-Z1885, subject to the following conditions:
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 Boutique Event Center Special Review, File #12-Z1885 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 Boutique Event Center Special Review.
3. No more than 22 overnight guests shall be accommodated on-site.
4. A maximum of 109 attendees, guests and service personnel shall be allowed on the property during events.
5. The operation on the site shall be conducted in compliance with the noise mitigation measures described in the applicants’ project description.
6. The Event Center shall only operate from May 1st to December 31st.
7. The home lodge and cabins shall only be available for rent during the May 1st to December 31st operating season. Cabins may be rented seven days a week and independent from events on the property.
8. A total of 48 events per year are allowed.
9. The hours of operation for events shall be limited to 4:00 pm to 10:00 pm on Fridays, 9:00am to 10:00pm on Saturdays and 9:00 am to 8:00pm on Sundays with an additional hour before and after those hours for setup and cleanup. No events are allowed Monday through Thursday.
10. 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.
11. This application is approved without the requirement for a Development Agreement.
12. 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.
13. 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.
14. 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.
15. The noise level will not exceed 75 decibels measured three-feet from the speakers.
The Planning Commission recommends to the Board of County Commissioners denial of the Boutique Event Center Special Review appeal to Section 8.6.3.C.1 of the Land Use Code, file #12-Z1885.
Mr. Whitley explained the two components of the proposal as outlined above, and outlined the review criteria with the Board. Mr. Jones briefly outlined the paving requirements, and Mr. Ryan spoke to the dust and septic requirements. Discussion ensued regarding fire protection measures, trespassing onto adjacent properties, landscaping, and sound testing for noise compliance.
Chair Johnson invited the applicant to speak, and Alan and Emily Leibow addressed the Board. They explained their purpose and vision for the Board, noting that they would be primarily a wedding venue for smaller weddings – up to 99 persons in attendance. They stressed that preserving the rural integrity of their area was very important to them, and they were most concerned with being good neighbors and respecting the wishes of their community.
Chair Johnson opened up the hearing for public comment and the following individuals addressed the Board in favor of the event center: Kevin Forbes, Anson Perina, Robert Baxtley, and Craig Brudall. All expressed support of the owners and their sensitivity to the concerns of the neighbors. They stated that they felt it would enhance the area and that during the sound check they could not even hear the music. They supported the “unpaved” parking lot, as it would be more in keeping with their rural feel of the neighborhood.
Marie Bryant, Caroline Cole, and Michael Bryant were opposed to the application. They were all concerned with increased traffic, increased noise, decreased property values, and incompatibility with the neighborhood. They also stressed that if the Board were to approve the application, then please enforce the paving of the parking lot for dust mitigation.
Janis Smith, and Larry Smith did not specify if they were for or against the proposal, but both voiced concerns with property owner notification, zoning laws, and increased traffic and noise.
Chair Johnson closed public comment and under rebuttal Emily Leibow, Alan Leibow, and Kevin Forbes reiterated their intent and desire to be accommodating to the neighbors and also offer a well-run establishment to the to the public
Under discussion, the Board agreed that this seemed like a well-thought out proposal and they would support the event center and the appeal as long as the apron was extended at the entrance to the property. Commissioner Gaiter also requested that another condition of approval be included to monitor the noise level to 75 decibels three-feet from the speakers. This has been added to the conditions outlined above.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the Boutique Event Center Special Review, File 12-Z1885 subject to the conditions as outlined, and amended, above.
Motion carried 3-0.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the appeal to Section 8.6.3.C.1 of the Land Use Code regarding paving of the parking and access, as long as the access road is paved to one-car-length on either side of the ‘Y’ leading into the property.
Motion carried 3-0.
The hearing adjourned at 8:55 p.m.
TUESDAY, AUGUST 20, 2013
ADMINISTRATIVE MATTERS MEETING
The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Donna Hart, and Deni LaRue, Commissioners’ Office; Linda Sanders, Engineering Department; Ed Schemm; Health Department; Angela Myers, Denise Ruybal, and Tamara Slusher, Clerk and Recorder’s Department; Emily Dawson Petersen, Touchstone Health Partners; Gary Darling, and Tim Hand, Community Corrections Department; and Gael Cookman, Deputy Clerk.
Chair Johnson opened the meeting with the Pledge of Allegiance.
1. CONTINUATION OF HEARING FOR CHARLES HEIGHTS LOCAL IMPROVEMENT DISTRICT (LID) NO. 2013-2: Ms. Sanders and Mr. Schemm presented a revised map of 14 properties that should be exempted from the LID, since they are already on adequate water sources, and this would leave 44 properties in the proposed district. Some discussion ensued and Chair Johnson opened the meeting up to public comment.
Ken Hendren, Mike Courtney, Heidi Courtney, Ray Metzler, Ryan Anderson, Roger Steketee, Scott Hunt, and Milly Steketee, all voiced their opposition to the LID. Most stated that they are already on “good” water, the proposal is cost prohibitive, and they feel this is being forced upon them.
Chair Johnson closed public comment and discussion ensued. Chair Johnson and Commissioner Donnelly were inclined to deny the application and give the property owners time to bring it back next year. Commissioner Gaiter was in favor of allowing those with good water sources to opt out and allow the rest to determine the matter at the November election.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners deny the formation of Charles Heights Local Improvement District No. 2013-2.
Motion carried 2-1; Commissioner Gaiter dissenting.
2. APPROVAL OF THE MINUTES FOR AUGUST 12, 2013:
M O T I O N
Commissioner Gaiter moved to approve the minutes for the week of August 12, 2013, as presented.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 26, 2013: Ms. Hart reviewed the upcoming schedule with the Board.
3. CONSENT AGENDA:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as outlined below:
08202013A001 STATE OF COLORADO DEPARTMENT OF HEALTH CARE POLICY AND FINANCING INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LONG TERM CARE PROGRAMS FOR THE COLORADO HOME AND COMMUNITY BASED SERVICES POPULATION
08202013A002 LARIMER COUNTY COLORADO AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ASSETWORKS, INC.
08202013A003 CONTRACT WITH WESTERN STATES RECLAMATION FOR AERIAL MULCHING IN HIGH PARK FIRE AREA BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WESTERN STATES RECLAMATION
08202013R001 RESOLUTION SUPPORTING THE GRANT APPLICATION FOR A LOCAL PARKS AND OUTDOOR RECREATION GRANT FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND AND THE COMPLETION OF PINEWOOD RESERVOIR RECREATION IMPROVEMENT PROJECT
MISCELLANEOUS: Recommended Appointment of Alan D. Carlson to the Rural Land Use Board beginning August 20, 2013, and expiring June 30, 2016.
LIQUOR LICENSES: The following liquor licenses were approved and/or issued: Columbine Lodge – 3.2% - Bellvue; Larimer County Bar Association – Special Event 6% - Fort Collins; Boulder Road Runners – Special Event 6% - Estes Park; Ovations Food Service LP – Modification of Premises – Fort Collins.
Motion carried 3-0.
5. LETTER OF SUPPORT FOR TOUCHSTONE HEALTH PARTNERS: Ms. Petersen explained that they are seeking a letter of support from the Board in order to secure Crisis Stabilization Services, Mobile Crisis Services, Crises Respite Residential Services and Respite Services for Youth and Children in Larimer County.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the letter of support for Touchstone Health Partners.
Motion carried 3-0.
6. INTRODUCTION OF TIM HAND AS THE NEW COMMUNITY CORRECTIONS DIRECTOR: Mr. Darling introduced Mr. Hand and gave some background on his qualifications for the position. Mr. Hand stated that he is looking forward to the challenges of this position. The Board congratulated and welcomed Mr. Hand.
7. 2013 BOARD OF EQUALIZATION UPDATE: Ms. Ruybal presented the final tally for the 2013 Board of Equalization hearings, noting that a total of 804 parcels were protested; 421 were adjusted, 350 were denied, and 33 were withdrawn. Ms. Myers commended Ms. Ruybal and all the Recording staff on a job well done. The Commissioners echoed Ms. Myers sentiment.
8. WORKSESSION: Ms. Hoffmann reviewed her activities with the Board.
9. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities during the pervious week.
10. LEGAL MATTERS: There were no legal matters to discuss.
The meeting adjourned at 10:40 a.m., with no further action taken.
THURSDAY, AUGUST 22, 2013
The Board of County Commissioners met at 1:30 p.m. for an Abatement Hearing. Chair Johnson presided and Commissioner Donnelly was present. Also present were: George Jones and Lisa Thieme, Assessor’s Office; and Dana Polley, Deputy Clerk.
Mr. Jones presented the appraisal report from the Assessor’s Office regarding the property located at 1921 Yorktown Ct in Fort Collins, CO. He explained the assessed value to be $240,119 based on the evidence collected. Some discussion ensued regarding the report.
The petitioner, Trenton Anderson, presented his evidence and request to lower the tax valuation from $240,119 to $200,000.
Chair Johnson explained that the evidence Mr. Anderson presented does not qualify for the 2012 tax year, but will be helpful for the 2013 tax evaluation. Some discussion ensued regarding the time frame considered for each tax year and Mr. Jones reviewed some further options for Mr. Anderson to protest in the future.
The Commissioners agreed to uphold the Assessor’s appraisal of the property for the 2012 tax year.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners uphold the Assessor’s evaluation for the property located at 1921 Yorktown Ct, Fort Collins, Colorado, in the amount of $240,119.
Motion carried 2-0.
The hearing adjourned at 1:50 p.m.
STEVE JOHNSON, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk
Dana S. Polley, Deputy Clerk