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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, July 6, 2015

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Michael Whitley, Planner II, Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Rob Helmick, and Rebecca Smith, Planning Department; Doug Ryan, Health and Environment Department; Clint Jones, Engineering Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance. He then noted that two 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; he further noted that item 3 would also be moved to consent if there were no objections to doing so.  Item 3 was moved to the consent agenda.

 

1.   MAZZA MINOR LAND DIVISION, FILE #15-S3312: This is a Minor Land Division request to create two lots from a parcel totaling 5.6 acres.  A 2-acre lot would be created for an existing home, a 2.9-acre lot will be created for agricultural use and no residence will remain undeveloped at this time.  A lot size appeal to create the 2-acre lot is also apart of this application.

 

The applicant is proposing the division of the 5.6-acre tract, which contains a single family home and several agricultural outbuildings.  This parcel was created by patent and deed from the State of Colorado.  This process is being used to acknowledge the 1988 patent and recognize the parcel as legal.  Additionally, the applicant proposes to divide the 5.6-acres into two parcels: one of 2-acres for the existing home, and the 2.9-acre balance will be a restricted agricultural parcel to support the owners agricultural activities.  The division of the 4.9-acres results from the reduction in parcel area from 5.6-acres by dedication of ROW.  The 2-acre lot size appeal requested is a result of the applicant wishing to maximize the land devoted to agricultural activities.

 

This Minor Land Division has been proposed to divide existing agricultural improvements and uses form the balance of the existing use.  The creation of these parcels meets the requirements of the Larimer County Land Use Code with the understanding that the new parcels will contain uses that are preexisting.  The restriction on the development of the balance of the parcel will not change the nature of the use and will be consistent with the pattern of development already established in the neighborhood. 

 

The Development Services Team has evaluated this request and finds that with certain conditions that this request meets the approval criteria for a Minor Land Division. Specifically the Team finds:

·  The proposal is neither in a subdivision plat nor in previously approved exemption.

·  The lots proposed do not increase the impact or use in the community.

·  The access and traffic impacts in the general area do not change with this proposal.

·  The lot size proposed is not incompatible with others in the area.

·  The lot size proposed is adequate to support the existing development on the lot.

·  If the Board of County Commissioners approves the Minor Land Division the lot size appeal is consistent with that approval.  

 

The Development Services Team recommends approval of the Mazza/Dienes Minor Land Division file #15-S3312, subject to the following condition(s) 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 January 6, 2016, 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 the Larimer County Engineering Department.

 

3.   Lot 2 shall be subject to a restriction to limit further development of the 2.9 acre lot to only agricultural and non-residential uses unless and until a applicable County development application to allow further development is approved.

.

2.         BROWNSTONE QUARRY SPECIAL REVIEW 3RD AMENDMENT, FILE #15-Z1965:   This is a Special Review request for the expansion of a previously approved sandstone mining operation onto 4.4 acres of an adjacent 13.87 acre parcel.  This item was on the consent agenda for the Planning Commission Public Hearing on June 17, 2015.  Staff provided some brief information to the Planning Commission regarding the Special Review and the appropriate motion for approval.  The Planning Commission had no questions for staff or the applicant and voted 7 to 0 recommending approval of the Brownstone Quarry Third Amendment Special Review.

 

The Planning Commission and the Development Services Team recommend that the Brownstone Quarry Third Amendment Special Review, file #15-Z1965, be approved 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 Brownstone Quarry Third Amended Special Review, #15-Z1965 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 Brownstone Quarry Second Amended Special Review.

 

3.   The hours of operation for mining activity shall be 7:30 am to 5:00 pm, Monday through Saturday.

 

4.   There shall be no blasting at any time.

 

5.   When possible, the reclamation shall be accomplished in a phased manner, concurrent with the mining operation.

 

6.   Should the mining activity still be active January 1, 2037, the Board of County Commissioners shall review and update the conditions approved for this Special Review.  The Board of County Commissioners review may include additions, deletions, and modifications of the conditions as necessary to protect the health, safety and welfare of the citizens of Larimer County.  This review shall be completed in 25 year intervals thereafter.  The quarry operator shall submit the following information by July 1 of the year that the review is to be completed:

 

a.   A current site plan of the quarry. The site plan should be similar to those submitted as a part of the Special Review application. The site plan should clearly show:

·   The property boundaries;

·   The location of permanent identification posts on the perimeter of the quarry area;

·   Current approved mining boundaries;

·   Current and old mining areas, with acreage;

·   Storage and loading areas;

·   Processing areas and any structures or improvements on the property.

 

b.   A narrative that describes the current operation and any reclamation efforts that have been completed.

 

7.   Materials shall not be removed from the top of the hogback.

 

8.   No material will be sold on-site.

 

9.   Heavy equipment maintenance, including oil changes, shall be done off-site.

 

10.   The mining operation shall comply with the Larimer County Noise Ordinance. 

 

11.   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.

 

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

 

13.   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.

 

14.   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.

 

15.   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.

 

3.         ERION PUBLIC SITE PLAN, FILE #15-PSP0083:  An appeal to Section 4.3.10.H.2.c of the Larimer County Land Use Code to allow a detached accessory dwelling to be 2,017 square feet in an area where only 800 square feet is allowed.

 

The applicant in this case is under contract to purchase the subject property and residence, which is currently unoccupied as the owner has passed away.  As part of their due diligence, the applicant’s discovered that the new building construction on the property was studio space and not a separate living space.  This 4,000 square feet detached studio building is approximately 75% complete and appears to be more of a residence then a studio as it includes multiple studio spaces, bathrooms and a laundry room.  The potential purchaser believes that the studio was actually being constructed as a residence, not a studio, as the layout of what has been constructed does not match the plans submitted to the County.  Regardless, they would like to acquire the property and use the new building as the primary residence and the original dwelling as a detached accessory dwelling unit.  Therefore, if this appeal is approved the applicant would convert the 4,000 sq. ft. studio into the primary residence on the property and use the existing 2,017 square foot residence as a detached accessory living unit, which unit cannot be rented.

 

A.   The Development Services Team finds that approval of the appeal will subvert the purpose of the standard or requirement.

 

B.   The Development Services Team finds that approval of the appeal will not be detrimental to the public health, safety or property values in the neighborhood.

 

C.   The Development Services Team finds that approval of the appeal is the minimum action necessary.

 

D.   The Development Services Team finds that approval of the appeal will not result in increased costs to the general public.

 

E.   The Development Services Team finds that approval of the appeal is consistent with the intent and purpose of the Code.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

The hearing ended at 3:05 p.m.

 

 

TUESDAY, JULY 7, 2015

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Lorenda Volker, Assistant County Manager. Chair Gaiter presided and Commissioners Johnson and Donnelly were present. Also present were: Neil Gluckman, Donna Hart, Michelle Bird, Deni LaRue, and Natalie Seils, Commissioners’ Office; Ann Clarke, Colorado Women of Influence; Cliff Riedel, District Attorney’s Office; Gary Buffington, and Kerri Rollins, Natural Resources Department; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT: There was no one present to comment.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 29, 2015:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of June 29, 2015.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 13, 2015:   Ms. Hart reviewed the upcoming schedule.

 

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:

 

07072015A001           FY15 FEDERAL NEG DISASTER ADJUSTMENT

 

07072015D001           DEED OF DEDICATION FROM MICHAEL C. MARKOVICH AND LOLA K. MARKOVICH

 

07072015R001           RESOLUTION APPOINTING INDEPENDENT REFEREES TO CONDUCT HEARINGS ON BEHALF OF THE LARIMER COUNTY BOARD OF EQUALIZATION

 

07072015R002           RESOLUTION APPROVING PURCHASE AND SALE AGREEMENT CONCERNING ROAD IMPROVEMENTS ON COUNTY ROAD 43, BETWEEN PATRICK GENE LOSEE AND LARIMER COUNTY

 

MISCELLANEOUS:   Annual Compliance Certification Report and Monitoring and Permit Deviation Report; Quarterly Financial Status Report CDBG-DR Project; State of Colorado CDBG-DR Program Payment Request.

 

LIQUOR LICENSES:  The following license was approved and/or issued: Chill – Tavern – Fort Collins.

 

Motion carried 3-0.

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS:  There were no guests present.

 

6.         WOMEN OF VISION DAY PROCLAMATION:  Ms. Clarke introduced Linda Aikey, Barbara Johnson, and Dixie Daily, as Women of Vision members and honorees.  Ms. Clarke explained that Women of Vision honors women who help shape the past, present, and future of life in our society, and seek to encourage women to continue to provide inspiration, innovation, and leadership.  The Board thanked them for making such a difference for the community. Commissioner Donnelly read the proclamation aloud. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners proclaim July 22, 2015, as Women of Vision Day in Larimer County.

 

Motion carried 3-0.

 

7.         REVIEW OF 2015 LEGISLATIVE ISSUES SUBMITTED TO COLORADO COUNTIES, INC:  Ms. Bird, Mr. Gluckman, and Mr. Riedel addressed the Board with suggested changes to legislation pertaining to electronic discovery with in the District Attorney’s Office, to allow a one-time processing fee, such as $25.00 a case.  This one-time charge would provide counties with some source of revenue to cover costs associated with discovery.  They also discussed moving fee setting for restaurant inspections out of the legislative process, as lack of increases in this area have caused decreased ability to fulfill the required inspections.   

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the request to submit the legislative issues raised by the District Attorney’s Office, and the Health Department to CCI.

 

Motion carried 3-0

 

8.         CASCADE COTTAGES AT ROCKY MOUNTAIN NATIONAL PARK PARTNERSHIP REQUEST:   Mr. Buffington and Ms. Rollins requested the Board accept the Open Lands Advisory Board’s recommendation to partner with the Rocky Mountain Conservancy in acquiring the Cascade Cottages parcel in Rocky Mountain National Park.  Ms. Rollins stated that they recommend $50,000 be granted to the Rocky Mountain Conservancy from the Open Lands Fund, and then they will challenge the Town of Estes Park and the Estes Valley Land Trust to match that amount.   Some discussion ensued.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Larimer County Open Lands Advisory Board’s recommendation to partner with the Rocky Mountain Conservancy in acquiring the Cascade Cottages parcel and challenges the Town of Estes Park and the Estes Valley Land Trust to collectively match that partnership and raise $100,000 combined.

 

Motion carried 3-0.

 

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

 

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

 

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

 

The meeting recessed at 10:05 a.m.

 

 

LIQUOR LICENSE HEARING FOR

THE RIVER FORKS

 

The Board of County Commissioners reconvened at 3:00 p.m. with Jeannine Hagg, County Attorney. Chair Gaiter presided and Commissioner Donnelly was present. Also present were: Troy Jones, applicant; and Gael Cookman, Deputy Clerk.

 

Ms. Hagg stated that, after review of the documents, there was a member of the LLC listed who is not yet 21 years old; therefore, she recommended tabling the hearing until the documents could be resubmitting removing the under aged member.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners continue the hearing to Monday, July 13, 2015, at 11:00 a.m.

 

Motion carried 2-0.

 

The hearing adjourned at 3:10 p.m.

 

_______________________________

 LEW GAITER III

BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Gael M. Cookman, Deputy Clerk