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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, January 5, 2015

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioner Gaiter was present. Also present were: Savanah Benedick, Brenda Gimeson, and Terry Gilbert, Planning Department; Traci Shambo, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance; he then noted that the following item was on consent and would not be discussed unless requested to do so by anyone in attendance:  

 

1.         RAMONA HEIGHTS LOT 1A, 1B AND LOT 6 BLOCK 8, AMENDED PLAT, FILE #14-S3267:  This is a request for an Amended Plat of Lot 1A, Lot 6 and portions of Lot 1B lying north of an existing road, Block 8, Ramona Heights Amended.  This property is located in the Red Feather Lakes Area, north of County Road 74E, east of 67J on Lone Pine Court and is in the Ramona Heights Subdivision.  The Ramona Heights Subdivision was recorded in 1924 and consisted of 34 lots.  The property is currently zoned O-Open and that will remain the same. 

 

There are currently 3 lots owned by the applicants.  The request is to adjust the common boundary line between their properties and split the acreage differently which will allow the establishment of the septic system for one of the lots and create additional space between the lot line and one of the existing cabins.  

 

All covenants, deed restrictions and other conditions which applied to the original subdivision will continue to apply.  This proposal meets the review criteria. 

 

The following agencies have stated that they have no objections to this proposal: The Larimer County Department of Health and Environment; The Larimer County Engineering Department; The Larimer County Addressing Coordinator;  and The Colorado Division of Water Resources.

 

All other affected utility companies have agreed to the request.  The Larimer County Land Surveyor and Planning staff have made comments regarding some corrections that need to be made to the amended plat before recording.  A condition of approval is proposed requiring the changes be made before the plat is recorded (see condition # 2)

 

The proposed Amended Plat for Lot 1A, Lot 6 and portions of Lot 1B lying north of an existing road, Block 8, Ramona Heights Amended, meets all conditions of approval stated in Section 5.7.3 of the Larimer County Land Use Code.  Staff finds that with the conditions, as listed below, the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Amended Plat for Lot 1A, Lot 6 and portions of Lot 1B lying north of an existing road, Block 8, Ramona Heights Amended File #14-S3267, subject to the following conditions and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   All conditions of approval shall be met and the final plat recorded by July 5, 2015, or this approval shall be null and void.

 

2.   Prior to the recordation of the final plat, the applicant shall make the technical corrections required by Planning staff and Brian Helminick, Land Surveyor of the Larimer County Engineering Department.

 

M O T I O N

 

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

 

Motion carried 2 – 0.

 

2.         TAPESTRY HOUSE AMENDED SPECIAL EXCEPTION, FILE #14-Z1939:   This is a request to:  A) Modify conditions 2, 8 and 11 of the previously approved Randolph Special Exception, File #03-BOA0426.  Proposed modifications include: allowing property to be owner or manager occupied, increasing the allowed number of vehicle trips, and conversion of the apartment into an accessory dwelling for owner/manager.  Applicant is also seeking approval for accessory overnight accommodations for wedding clients only, within the existing Tapestry House.  And, B)  Appeal to Section 8.6.3.C.1 of the Land Use Code regarding paving of two additional parking areas that the applicant is proposing to use for event staff and for overflow parking.

 

This item was on the discussion agenda for the December 17, 2014, Planning Commission public hearing at 6:30 pm.  At the hearing, staff presented the Development Services Team report recommending approval of the proposed Amended Special Exception and recommending denial of the Appeal to Section 8.6.3.C.1 of the Land Use Code, of which requires non-residential parking areas to be paved with asphalt or concrete.

 

The Planning Commission listened to testimony from the applicant and the public regarding the application.  One member of the public spoke at the hearing, stating concerns about the number of parking spaces available for the number of guests that are advertised.  He is also concerned about the length of time the use has appeared to be operating out of compliance. 

 

After testimony, the Planning Commission deliberated and voted unanimously (8-0) to recommend approval of the Amended Special Exception, stating they found the proposal meets the review criteria.  The Planning Commission voted 6-2 to recommend approval of the appeal to Section 8.6.3.C.1 of the Land Use Code.

 

The Development Services Team and Planning Commission recommend to the Board of County Commissioners approval of the Tapestry House Amended Special Review, File #14-Z1939, subject to the following conditions:

 

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

 

2.   The property shall be owner-occupied or tenant-manager manager-occupied for the effective life of the Special Exception.

 

3.   The maximum number of vehicles for a single day shall be no more than 100.  In no event shall there be more vehicles than is allowed in the parking lot as illustrated on the approved site plan.

 

4.   The existing dwelling in the upper level and east side of the barn has been fully permitted as an accessory dwelling for the owners and/or future tenant-managers of the business.  If, in the future, the community hall/event venue use ceases to operate, the converted barn must meet the requirements for an accessory living area, and be approved through the Public Site Plan process.

 

5.   The Tapestry House (residential building) shall be approved for accessory overnight accommodations for 12 wedding/event clients.  The accessory overnight accommodations shall only be used in conjunction with weddings/events and shall not be open to the general public.

 

6.   A Change of Occupancy or Change of Use Permit will be required for the Tapestry House building, referenced in Condition #5 above, through the Building Department.  The applicant must work with the Building Department to ensure that all Building and Fire Codes are met.

 

Proposed modification to Condition #2 following Planning Commission hearing:

 

2.   The property shall be owner-occupied or tenant-manager occupied for the effective life of the Special Exception.

 

Proposed modification to Condition #4 following Planning Commission hearing:

 

4.   The existing dwelling in the upper level and east side of the barn has been fully permitted as an accessory dwelling for the owners and/or future tenant-managers of the business.  If, in the future, the community hall/event venue use ceases to operate, the converted barn must meet the requirements for an accessory living area, and be approved through the Public Site Plan process.

 

The Development Services Team recommends to the Board of County Commissioners denial of the appeal to Section 8.6.3.C.1 of the Land Use Code.

 

The Planning Commission recommends to the Board of County Commissioners approval of the Tapestry House Amended Special Exception appeal to Section 8.6.3.C.1 of the Larimer County Land Use Code.

           

Ms. Benedick briefly explained the request, noting that staff agrees with the Planning Commission regarding the conditions for the Amended Special Exception, as modified with 6 conditions of approval as outlined above.  Ms. Benedick stated that staff recommends denial of the appeal to Section 8.6.3.C.1, with regards to the paved parking, as it is a year-round event center and it is a code requirement. 

 

Ms. Randolph addressed the Board and explained they really are a seasonal event center, but they requested year round availability to ensure they are always in compliance with the county Land Use Code.  Ms. Randolph also noted they are appealing the parking requirement for areas that are primarily used for her family, staff, and vendor parking, as she believes they have adequate paved parking for most events.

 

Chair Donnelly asked for public comment, and Christine Murray, with the county Assessor’s Office, voiced her support of Ms. Randolph and the Tapestry House Event Center stating she is a good neighbor and a good person to work with.  There was no further public comment. 

 

Under discussion, the Board agreed grant the appeal for paving the expanded parking, as they have done so when it is consistent with the surrounding area, and when gravel can be contained on site and not brought on to the public roadways.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Tapestry House Amended Special Exception, File #14-Z1939, subject to the conditions as outlined and modified above.

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Gaiter 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 expanded parking areas.

 

Motion carried 2-0.

 

The hearing ended at 3:20 p.m.

 

 

TUESDAY, JANUARY 6, 2015

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Lorenda Volker, Donna Hart, Michelle Bird, Nicky Potten, and Deni LaRue, Commissioners’ Office;  Jennifer Johnson, Facilities and Information Technology Division; and Gael Cookman, Deputy Clerk.

 

Chair Donnelly opened the meeting up to public comment giving citizens the opportunity to address the Commissioners regarding events and issues pertaining to Larimer County.  No one was present to address the Board.

 

Chair Donnelly then led everyone in the Pledge of Allegiance.

 

1.    BOARD REORGANIZATION FOR 2015: 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners appoint Lew Gaiter as the Chair for 2015, and authorize him to buy and sell real estate upon approval of the Board.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners appoint Steve Johnson as the Chair Pro-Tem for 2015, and authorize him to buy and sell real estate, in the absence of the Chair, upon approval of the Board.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the resolution designating the public place in which notice is posted of meetings of the Board of County Commissioners.

 

Motion carried 3-0.

 

01062015R001           RESOLUTION DESIGNATING THE PUBLIC PLACE IN WHICH NOTICE IS POSTED OF MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners appoint the Board Chair, Commissioner Gaiter, as the person responsible for receiving and reviewing any formal problem solving requests filed by the direct reports to the County Manager or County Attorney.

 

Motion carried 3-0.

 

2.    APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 29, 2014:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of December 29, 2014.

 

Motion carried 3-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 12, 2015:   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 outlined below:

 

MISCELLANEOUS:   Request for approval of employee one-time pay adjustments; Designation of CCI 2015 Steering Committee Proxies (Neil Gluckman and Ginny Riley); Recommended appointment of Douglas Hultstrand to PID #48 Puebla Vista Estates beginning January 6, 2015, and expiring November 30, 2018; Recommended appointment of Arlene Amundson, and David Kaufman to the Fair Board beginning January 6, 2015, and expiring November 30, 2017.

 

Motion carried 3-0.

 

5.    DESIGNATION OF BOARD AND CCI COMMITTEE ASSIGNMENTS FOR 2015:   Ms. Bird presented the Board and CCI Committee assignments for review.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve BCC Policy 01062015P001, Board of County Commissioners Division of Responsibilities; and approve the CCI Steering Committee Assignments. 

 

Motion carried 3-0.

 

01062015P001            BOARD OF COUNTY COMMISSIONERS DIVISION OF RESPONSIBILITIES

 

6.         WORKSESSION:  Mr. Gluckman and Ms. Johnson explained that ownership of the Midpoint properties being leased by the County is changing hands.  They presented estoppel certificates for the Board to sign, as confirmation of the terms of agreement for the leases already in place.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners authorize the Chair to sign the estopple certificates for the properties at 2643, 2601, and 2573 Midpoint Drive.

 

Motion carried 3-0.

 

6.         COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities at events during the previous week.

 

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

 

 

                                                                                              _______________________________

 LEW GAITER III

BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

 

ATTEST:

 

__________________________________________

Gael M. Cookman, Deputy Clerk