MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
County offices were closed in observation of Labor Day.
TUESDAY, SEPTEMBER 8, 2015
ADMINISTRATIVE MATTERS MEETING
The Board of County Commissioners met at 9:00 a.m. with Lorenda Volker, Assistant County Manager. Chair Gaiter presided and Commissioner Donnelly was present. Also present were: Donna Hart, Michelle Bird, and Deni LaRue, Commissioners’ Office; Jacob Castillo, Work Force Center, Karin Madson, Planning Department; Bill Ressue, County Attorney’s Office; and Denise Ruybal, Deputy Clerk.
Chair Gaiter opened the meeting with the Pledge of Allegiance.
1. PUBLIC COMMENT: Eric Sutherland addressed the Board with public comment.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 31, 2015:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of August 31, 2015, as presented.
Motion carried 2-0
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 14, 2015: Ms. Hart reviewed the upcoming schedule with the Board. Ms. Bird noted that last week, Commissioner Johnson was selected to attend the 2015 CCI Legislative meeting on October 2, 2015. Due to prior commitments, Commissioner Johnson will not be able to attend. Chair Gaiter is also unable to attend due to a conflict on his calendar. Commissioner Donnelly was able to adjust his schedule and will to attend the CCI meeting with Ms. Bird.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve his attendance at the 2015 CCI Legislative meeting on October 2, 2015, in place of Commissioner Johnson.
Motion carried 2-0.
4. CONSENT AGENDA: Chair Gaiter noted that staff has asked that item #2, Amendment to Communications Agreement between Larimer County and Platte River Power Authority, be removed from the consent agenda.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as amended and outlined below:
09082015A001 MEMORANDUM OF UNDERSTANDING BETWEEN LARIMER COUNTY AND CRYSTAL LAKES ROAD AND RECREATION ASSOCIATION
09082015D001 RICHARD T. AND KAREN L. ENGLAND DEED OF DEDICATION
09082015R001 FINDINGS AND RESOLUTION APPROVING THE BECKSTED AMENDED MINOR LAND DIVISION
MISCELLANEOUS: Request for State approval of plan for Chafee Foster Care Independence Program; General and full release of all claims and liability – Richard T. and Karen L. England.
LIQUOR LICENSES: The following license was approved and/or issued: Colorado Cherry Company – Modification of Premises – Lyons.
Motion carried 2-0 .
5. COMMENTS FROM COMMISSIONERS’ GUESTS: No guests were present for comment.
6. PROCLAMATION DECLARING SEPTEMBER 2015 AS HUNGER ACTION MONTH: Lauren Mingus, Food Bank for Larimer County Communications Manager, addressed the Board of Commissioners noting that hunger and poverty are issues of grave concern in the United States, the state of Colorado, and Larimer County. Nearly 36,000 individuals in Larimer County rely on food provided by the Food Bank of Larimer County annually. Ms. Mingus is asking the Board of Commissioners to proclaim September 2015 as Hunger Action Month to raise awareness about the role and importance of food banks in addressing hunger, the need to provide additional resources, and attention to encourage involvement in efforts to end hunger in the county.
Commissioner Donnelly read the proclamation aloud.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners proclaim September 2015 as Hunger Action Month.
Motion carried 2-0.
7. ECONOMIC DEVELOPMENT UPDATE: Mr. Castillo updated the Board on recent activity including a meeting with the local economic partners, a meeting with all the town and city managers regarding economic development, and an enterprise zone update.
8. LETTER OF SUPPORT FOR THE INCLUSION OF THE STANLEY PROJECT IN THE GO NOCO REGIONAL TOURISM AUTHORITY APPLICATION: Commissioner Donnelly, as the Go NoCO respresentative, asked for the Board’s support for the inclusion of the Stanley Project in the Go NoCO Regional Tourism Authority Application and presented a letter for Chair Gaiter’s signature.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve signing a letter of support for the inclusion of the Stanley Project in the Go NoCO Regional Tourism Authority application and authorize the chair to sign the same.
Motion carried 2-0.
9. WORKSESSION: Ms. Volker had no items for discussion.
10. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities during the previous week.
11. LEGAL MATTERS: Ms. Madson and Mr. Ressue requested the Board of County Commissioners go into executive session to discuss the status of the agreement between the County and the Shaffers to process applications for the campground.
M O T I O N
Commissioner Donnelly moved that the Board of Commissioners go into executive session for conferences with an attorney as outlined in 24-6-401(4)(b) C.R.S.
Motion carried 2-0.
The meeting recessed at 9:45 a.m.
LAND USE HEARING
The Board of County Commissioners reconvened at 3:00 p.m. with Michael Whitley, Planner II. Chair Gaiter presided, Commissioner Donnelly was present, and Commissioner Johnson attended via phone. Also present were: Tracy Shambo, Engineering Department; Brenda Gimeson, Rural Land Use Department; Doug Ryan, Health and Environment Department; Jeannine Haag, 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:
1. AMENDED PLAT MEADOWDALE HILLS 2ND FILLING LOTS 111A AND 103 AND EASEMENT VACATION: This is a request to amend the plat of lots 103 and 111A in the Meadowdale Hills 2nd Filing to adjust the boundary between the two contiguous lots, and to vacate the 20 foot wide utility easement along the common lot line that is being adjusted with the amended plat.
The proposed amended plat would adjust the boundary lines between lot 103 and lot 111A. The resultant lots will be 103B and 111B. The single family home on lot 103 was built in 1994. The home received a building permit and passed all of the Larimer County inspections. Lot 111A is currently undeveloped.
The amended plat will vacate the 20-foot wide utility easement along the common lot line that is being adjusted. Any future buildings or any additions to existing buildings must comply with the minimum required 25-foot front setback and the minimum required 10-foot side and rear setbacks.
The proposed amended plat will adjust the boundary lines and will not adversely affect any surrounding property owners. The Development Review Team finds that the request meets the requirements for the Larimer County Land Use Code.
The Development Services Team recommends approval of the Meadowdale Hills 2nd Filing lot 111A and lot 103 amended plat, File #15-S3324, subject to the following conditions and authorization for the chairman 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 February 24, 2016, or this approval shall be null and void.
2. The vacation of the utility easement and the reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded.
2. AMENDED PLAT/LOT CONSOLIDATION AND EASEMENT VACATION OF THE RAVENCREST SUBDIVISION, LOTS 1 AND 2: This request is for an amended plat/lot consolidation and easement vacation for the Ravencrest Subdivision, lots 1 and 2. The amended plat is being requested for the following items: 1) Consolidate lots 1 and 2 of the Ravencrest Subdivision; 2) Vacate the 10’ utility easement located on both sides of the common lot line; 3) Modify the building envelope and expand it into the area that is currently platted as the lot line and easement proposed to be vacated; 4) Remove a plat note that requires fire sprinklers for habitable structures.
The plat note proposed to be modified states: 3000 gallon cisterns and fire sprinklers (for fire protection) are required for each of the two buildable lots. Although this condition was not written into the development agreement, because it is a note on the plat, it is a requirement of the development. Approval of the Board of County Commissioners to modify the note would be the only action needed to change the condition. The applicants have indicated they will install the 3000 gallon cistern. The Estes Valley Fire District requirements do not include fire sprinklering of the home sites and the Fire District does not have any issues with the removal of the requirement.
All other conditions of approval (except the fire sprinklering requirement) will remain on the consolidated lot for this subdivision and a note will be required stating such on the amended plat.
The proposed amended plat/lot consolidation and easement vacation will not adversely affect any neighboring properties or any County agency. The amended plat will not result in any additional lots. The easement vacation will not leave any adjoining land without an established access easement. Staff finds that with the conditions as listed below, the request meets the intent/requirements of the Larimer County Land Use Code.
The Development Services Team recommends approval of the amended plat/lot consolidation and easement vacation for lots 1 and 2, Ravencrest Subdivision, File # 15-S3328 as well as the removal of the plat note that requires fire sprinklering of the home sites, subject to the following conditions:
1. All conditions of approval shall be met and the final resolution recorded by March 8, 2016, 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, building envelope modification, easement vacation and plat note change shall be finalized at such time when the Findings and Resolution of the Board of County Commissioners is recorded.
3. SALVATION ARMY AMENDED SPECIAL REVIEW: This is a request for amendments to the Salvation Army Special Review, File #Z21-87, and Long’s Peak Inn Special Review, File #92-ZR0196, to allow for approved buildings and facilities to be replaced and/or relocated on the property and to allow new buildings and recreational facilities.
This item was on the consent agenda for the Planning Commission Public Hearing on August 19, 2015. Staff provided some brief information to the Planning Commission regarding the Special Review and the appropriate motion for approval.
Commissioner Christman asked if there were any comments from the surrounding neighbors. Mr. Whitley stated that the Tahosa Valley commented and did not object to the proposal. No other comments were received.
The Planning Commission recommend to the Board of County Commissioners approval the Salvation Army Amended Special Review, file #15-Z1971, subject to the following conditions:
1. The site shall be developed consistent with the approved plan and with the information contained in the Salvation Army Amended Special Review, File #15-Z1971, 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 Salvation Army Amended Special Review.
2. The maximum future build-out of the property shall be limited to 137,557 square feet of buildings and a maximum camp capacity of 566.
3. Prior to the issuance of building permits for new structures, a site plan review is required to evaluate items such as building placement, erosion control, the provision of adequate water and sewer, traffic impacts and compliance with the approved cumulative square footage of buildings, developed outdoor recreation areas and bed capacity.
4. The Salvation Army shall develop a utility master plan addressing sewage disposal and domestic water service. Adequate sewage disposal and domestic water service must be provided for proposed facilities prior to the issuance of permits for those facilities.
5. Salvation Army shall create and implement a forest management plan for the entire property that addresses wildfire mitigation no later than December 31, 2015.
6. Failure to comply with any conditions of the amended special review approval may result in reconsideration of the use and possible revocation of the approval by the Board of County Commissioners.
7. This application is approved without the requirement for a development agreement.
8. 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, the 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.
9. 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.
10. 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.
Mr. Whitley stated that an email was received yesterday from the Gillette Road Association regarding the new access road and road maintenance. The association is asking for an easement regarding the access road and would like the Salvation Army to take full responsibility for the maintenance of the road. The County will grant an easement in regards to the new access road, but in speaking with the Salvation Army, they will not take full responsibility for maintaining the road.
M O T I O N:
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as proposed above.
Motion carried 3-0
The hearing adjourned at 3:10 p.m.
LEW GAITER III
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Denise M. Ruybal, Deputy Clerk