> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 05/11/15  

 

 

 

 

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, May 11, 2015

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Gaiter presided and Commissioners Johnson and Donnelly were present.  Also present were: Doug Ryan, Health and Environment Department;  Terry Gilbert, Community Development Department;  Michael Whitley, and Brenda Gimeson, Planning Department; Clint Jones, Engineering Department; Bill Ressue, County Attorney’s Office; and Denise Ruybal, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance and noted that the following items were on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience.  It was noted that there were people present wanting to speak regarding the M orning Fresh Dairy 2nd amended special review, so Commissioner Johnson asked that this item be removed from the consent agenda :

 

1.    CRYSTAL LAKES 12TH FILING, LOTS 12 AND 1, AMENDED PLAT OF LOTS 13 AND 14, LOT CONSOLIDATION AND EASEMENT VACATION:  This request is to combine two adjacent lots, lot 12 and lot 1, amended plat of lots 13 and 14, Crystal Lakes 12th Filing, into one lot and vacate the existing 20’ utility easements along the common lot line.  The lots currently access Cocopa Way and that access point will be maintained.  Both lots are owned by the same people.  There is currently one existing single-family residence on lot 1 and lot 12 is vacant. 

 

The proposed Crystal Lakes 12th Filing, lot 12 and lot 1, amended plat of lots 13 and 14, lot consolidation and easement vacation will not adversely affect any neighboring properties or any County agency.  The lot consolidation will not result in any additional lots and no other services will be affected.  The staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Crystal Lakes 12th Filing,  lot 12 and lot 1, amended plat of lots 13 and 14 lot consolidation and easement vacation, File # 15-S3296, subject to the following conditions:

 

1.   All conditions shall be met and the final resolution of the County Commissioners recorded by November 11, 2015, or this approval shall be null and void.

 

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

 

3.   The reconfiguration of the lots lines shall be finalized at such time when the Findings and Resolution of the County Commissioners is recorded.

 

2.    CRYSTAL LAKES 12th FILING, LOTS 116 AND 117 LOT CONSOLIDATION AND EASEMENT VACATION:  This request is to combine two adjacent lots, lots 116 and 117, Crystal Lakes 12th Filing, into one lot and vacate existing 20’ utility easements along the common lot line.  The lots currently access Ottawa Way and that access point will be maintained.  Both lots are owned by the same people.  There is currently one existing single-family residence on lot 116 and lot 117 is vacant. 

 

The proposed Crystal Lakes 12th Filing, lots 116 and 117 lot consolidation and easement vacation will not adversely affect any neighboring properties or any County agency.  The lot consolidation will not result in any additional lots and no other services will be affected.  The staff finds that the request meets the requirements of the Larimer County Land Use Code

 

The Development Services Team recommends approval of the Crystal Lakes 12th Filing, lots 116 and 117 lot consolidation and easement vacation, File # 15-S3297, subject to the following conditions:

 

1.    All conditions shall be met and the final resolution of the County Commissioners recorded by November 11, 2015, or this approval shall be null and void.

 

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

 

3.    The reconfiguration of the lots lines shall be finalized at such time when the Findings and Resolution of the County Commissioners is recorded.

 

3.    FLOWER POWER BOTANICALS RETAIL MARIJUANA ESTABLISHMENT LICENSE RENEWALS:  This is a request to renew the Retail Marijuana Store and the Retail Marijuana Cultivation Facility licenses.

 

Flower Power Botanicals was issued a Retail Marijuana Store License and a Retail Marijuana Cultivation License last year to operate at 1308 & 1310 Duff Drive which is two units within a multi-tenant building located north of Duff Drive approximately 750 feet northwest of the intersection of Link Lane and Duff Drive.  The site is 1.89 acres and the existing building has a footprint of 29,520 square feet. 

 

Retail Marijuana Establishment Licenses must be renewed annually.  The licenses issued to Flower Power Botanicals expire on May 20, 2015.

The property is zoned I - Industrial, is within the Fort Collins Growth Management Area and within the East Mulberry Corridor Plan area.

 

Flower Power Botanicals received Special Review approval from the Board of County Commissioners on November 15, 2010 to operate a Medical Marijuana Dispensary & a Medical Marijuana Grow Operation within two units of the building totaling 5,040 square feet.  Approval or denial of the Retail Marijuana Establishment licenses would not affect the Special Review approval.

 

The Development Services Team recommends approval of the Flower Power Botanicals Retail Marijuana Store License Renewal, File #15-G0286, subject to the following conditions:

 

1.    The Retail Marijuana Store shall be operated in full compliance with all licensing requirements, regulations and standards of the State of Colorado Department of Revenue Marijuana Enforcement Division.

 

2.    The Retail Marijuana Store shall be operated in full compliance with all licensing requirements, regulations and standards of the Larimer County Resolution for Licensure of Retail Marijuana Establishments.

 

The Development Services Team recommends approval of the Flower Power Botanicals Retail Marijuana Cultivation Facility License Renewal, File #15-G0286, subject to the following conditions:

 

1.    The Retail Marijuana Cultivation Facility shall be operated in full compliance with all licensing requirements, regulations and standards of the State of Colorado Department of Revenue Marijuana Enforcement Division.

 

2.    The Retail Marijuana Cultivation Facility shall be operated in full compliance with all licensing requirements, regulations and standards of the Larimer County Resolution for Licensure of Retail Marijuana Establishments.

 

M O T I O N:

 

Commissioner Donnelly moved that the Board of County Commissioners approve items 1, 2, and 3 on the consent agenda as proposed above.

 

Motion carried 3-0.

 

4.         MORNING FRESH DAIRY 2ND AMENDED SPECIAL REVIEW:  This is a request for an amendment to the Morning Fresh Dairy Special Review, Planning file #’s 12-Z1894 and 14-Z1932, to identify a future expansion area for the Value Added Agricultural operations for Noosa Yoghurt.  If approved, future additions to the yogurt operations/facilities would be required to occur in the defined area and would be through the Site Plan Review process.

 

The Morning Fresh Dairy 2nd Amended Special Review was presented to the Planning Commission as a consent agenda item on April 15, 2015.  While the request stayed on consent, with no public comment, Commissioner Wallace did ask the applicant to confirm that they are still working toward a design for the wastewater system needed for the overall use.  The applicant indicated that the letter in the application packet indicated milestone dates that they were committed to meet. 

 

The Planning Commission recommend to the Board of County Commissioners approval of the Morning Fresh Dairy 2nd Amended Special Review, file #15-Z1963, for the property 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 Morning Fresh Dairy Special Review, File # 12-Z1894, the Morning Fresh Dairy Amended Special Review, File #14-Z1932, and the Morning Fresh Dairy 2nd Amended Special Review, File #15-Z1963, 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 Morning Fresh Dairy Special Review and the Morning Fresh Dairy Amended Special Review.

 

3.   Failure to comply with any conditions of the Special Review and Amended Special Review(s) approvals 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. 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 and Amended Special Review(s), 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 and Amended Special Review(s) approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review and Amended Special Review(s).  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 and Amended Special Review(s) approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.

 

5.   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 and Amended Special Review approval.

 

6.   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 and Amended Special Review approval.

 

7.   Wastewater management for the dairy farm, dairy plant, and yoghurt manufacturing facility shall be conducted in accordance with water quality requirements administered by the Colorado Department of Public Health and Environment. Compliance shall proceed according to the applicant’s Wastewater Treatment Compliance Schedule dated February 13, 2015, or more stringent standards as may be imposed by the Colorado Department of Public Health and Environment.

7.

8.   Unless the Planning Department is notified in writing to by the Poudre Fire Authority and the Larimer County Building Department, the yoghurt expansion and annex buildings on the South Side of CR 54E and the warehouse building on the north side of CR 54E shall be equipped with automatic fire sprinkler systems, and a fire hydrant shall be installed on each side of the building complex shall be as stated in the referral letter from Poudre Fire Authority by Jim Lynkwiler, Fire Protection Technician dated May 23, 2014. 

 

9.   Site lighting required for the use shall include shielding to cause downward lighting in accordance with Section 8.15 for the Larimer County Land Use Code.

 

Mr. Lafferty explained that this is a request for a site review and not a special review.  The difference being a special review requires notification to people within 500 feet of the property that a public hearing will be held. These requirements do not apply to a site review.  Mr. Lafferty further explained that nothing is being proposed today, but that the site review will allow Noosa to expand in the future without having to hold a public hearing for each expansion.

 

Mr. Ryan noted issues with the waste water flows.  He wants to ensure that all water flows are in compliance with both state and county regulations.

 

Rebecca Spears, with RB&B Architects, addressed the Board on behalf of the applicant and stated that the applicant went through the public process a couple of years ago.  She stated that the site review process was recommended by the County, and that Morning Fresh Dairy and Noosa Yoghurt will be working with staff on future expansions.

 

Chair Gaiter opened up the hearing to public comment.  Lisa Ashbach, Neil Spencer, Donna Braginetz, Bruce Davison, and Christine Noble all addressed the Board with concerns regarding lack of notification, the 24 hour/7 day a week operation of both businesses, construction noise, waste water disposal, environmental pollution, and concern with the recent purchase of Noosa Yoghurt by an investment corporation.

 

Chair Gaiter closed the hearing to public comment. 

 

Ms. Spears, and Stephanie Giard addressed the Board regarding public comment.  Ms. Giard is acting as a liaison between the applicant and the neighbors.  She recommended a meeting be held giving neighbors a chance to voice their concerns.  Ms. Spears stated that the wastewater plant is in the design process right now, and that wastewater is currently held in temporary holding ponds.

 

A brief discussion ensued between staff and the Board.  The Board was in agreement that the applicant is willing to work with neighbors and that County staff would be made available to attend meetings held between the applicant and neighbors.  Staff was asked to look at expanding the range of notification beyond 500 feet in rural areas.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Morning Fresh Dairy amended special review, file #14-Z1932,  subject to the conditions as outlined above, specifically a couple of the conditions that deal with downward lighting, wastewater management for the dairy farm, dairy plant and the manufacturing facility.

 

Motion carried 3-0.

 

The hearing adjourned at 4:05 p.m.

 

 

TUESDAY,  MAY 12, 2015

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager.  Chair Gaiter presided and Commissioners Johnson and Donnelly were present.  Also present were: Donna Hart, Lori Hodges, and Deni LaRue, Commissioners’ Office; Joni Friedman, Workforce Center; Deb Pierson, Veteran’s Services Office; Gael Cookman, Clerk and Recorder’s Office;  and Denise Ruybal, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance, and then opened  the meeting up to public comment giving citizens the opportunity to address the Commissioners regarding events and issues pertaining to Larimer County.  Gregg Leverett was present to address the Board.

 

1.    APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 4, 2015:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of May 4, 2015 as presented.

 

Motion carried 3-0.

 

2.    REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 18, 2014:   Ms. Hart reviewed the upcoming schedule with the Board.

 

3.    CONSENT AGENDA:  Chair Gaiter asked that item #3, Larimer County, Colorado Video Display Replacement at The Ranch Agreement, be removed from the consent agenda, as Bob Herrfeldt will be presenting this to the Board next week.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda, except for item number 3, which will be heard next week, as outlined below:

 

05122015A001           GRANT AGREEMENT BY AND BETWEEN THE STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS AND LARIMER COUNTY HUMAN SERVICES

 

05122015A002           INTERGOVERNMENTAL AGREEMENT FOR FUNDING OF CONSTRUCTION AND MAINTENANCE OF SPECIFIC PARKING, TRAIL AND TRAILHEAD IMPROVEMENTS AS PART OF THE NORTH SHIELDS STREET BRIDGE WIDENING PROJECT BY AND BETWEEN LARIMER COUNTY AND THE CITY OF FORT COLLINS

 

05122015D001           DEED OF DEDICATION – SKOWRON FAMILY LIMITED PARTNERSHIP     

 

05122015D002           DEED OF DEDICATION – RONALD O. BUBAR REVOCABLE TRUST

 

05122015R001           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 1 AND 2, DIVISION 8 OF HIGH DRIVE HEIGHTS SUBDIVISION AND VACATION OF RIGHT-OF-WAY

 

05122015R002           FINDINGS AND RESOLUTION APPROVING THE VACATION OF A PUBLIC RIGHT-OF-WAY ON COUNTY ROAD 1

 

05122015R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 1, 3, AND 5 IN THE BRAUCH SUBDIVISION

 

05122015R004           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 15, 16, AND 21 OF CRYSTAL LAKES SUBDIVISION 12TH FILING AND VACATION OF UTILITY EASEMENT

 

05122015R005           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF TRACT 1 OF JAMES DAY MINOR LAND DIVISION AND RESIDUAL LOT C OF THE HILL 2 CONSERVATION DEVELOPMENT

 

05122015R006           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 4, AND 9, BLOCK 28 IN THE HIAWATHA HEIGHTS SUBDIVISION

 

05122015R007           RESOLUTION TO ESTABLISH PRECINCT AND BOUNDARY CHANGES

 

MISCELLANEOUS – Water main easements by and between Larimer County and Spring Canyon Water and Sanitation District; Findings and Order – Redwood Ventures, LLC dba Little Big’s

 

LIQUOR LICENSES: The following licenses were approved and/or issued:  Fort Collins Country Club – Hotel and Restaurant with Optional Premises – Fort Collins;  Loveland Country Store – 3.2% Retail – Loveland;  Carter Lake Sailing Club – 3.2% Special Event Permit - Loveland.

 

Motion carried 3-0.

 

4.    COMMENTS FROM COMMISSIONERS’ GUESTS: No guests were present.

 

5.    APPOINT GAEL COOKMAN AS INTERIM LARIMER COUNTY VETERAN’S SERVICES OFFICER: This position, which heads a committee to support veterans in our community, was recently vacated by the retirement of Lonnie Berrett.  It is a requirement that a veteran hold this position.  Ms. Cookman, a 23 year veteran, has been appointed as the interim replacement until a permanent replacement is found.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the appointment of Gael Cookman as Interim Larimer County Veterans Services Officer.

 

Motion carried 3-0.

 

6.    FLOOD AND FIRE RECOVERY UPDATE AND ONGOING NEEDS – SUPPORTS LETTER: LOVELAND HOUSING AUTHORITY, LARIMER COUNTY UNITED WAY, ROCKY MOUNTAIN CHURCH, AND AMERICAN RED CROSS:  Ms. Hodges updated the Board on the current situation and reviewed the urgent and upcoming needs to sustain recovery operations.  Both the Big Thompson Conservation District and the Long-Term Recovery Group provide direct assistance to those individuals affected by the flood and fire impacts.  This alleviates many of the unmet needs that the county is either unable to support legally, or unable to support with the current staff.  It provides a coordinated effort between the County, the Loveland Housing Authority, and the watershed coalitions. Without continued funding, the District will have to close down for the summer. Ms. Hodges is asking to reallocate $36,000.00 from flood monies, and $26,000.00 from the fire fund, to fill the gap.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the financial support for the Big Thompson Conservation District in the amount of $16,000.00 to continue working for the watershed conditions and other partners on flood recovery activities throughout the remainder of 2015; and an additional $40,000.00 to the Long Term Recovery Group.

 

Motion carried 3-0.

 

7.    REQUEST ONE FTE FOR COMMISSIONERS’ OFFICE :  Ms. Hoffmann reviewed with the Board that in an effort to better serve the community, she is asking to create a new Department Specialist position, utilizing an intern currently working in the Commissioners’ Office.

 

M O T I O N

 

Commissioner Donnelly moved that Board of County Commissioners approve adding one FTE to the Commissioners’ Office as a Department Specialist I and increase the budget by $37,927 for wages and benefits.

 

Motion carried 3-0.

 

8.    WORKSESSION:     Ms. Hoffmann reviewed with the Board that there is currently a lot of budget activity for Mr. Fudge, the new budget manager.

 

9.    COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities during the previous week. 

 

10.   LEGAL MATTERS: There were no legal matters for discussion.

 

 

The meeting adjourned 9:55 a.m.

 

 

 

                                                                                              _______________________________

 LEW GAITER III

BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Denise M. Ruybal, Deputy Clerk