MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, FEBRUARY 03, 2020

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m., with Don Threewitt, Principal Planner. Chair Johnson presided. Commissioner Donnelly and Commissioner Kefalas were present. Also present were: Amy White, Code Compliance; Lesli Ellis, Samantha Mott and Rob Helmick, Community Development; Laurie Kadrich, Interim Director of Community Planning, Infrastructure and Resources: Katie Gray and Steven Rothwell, Engineering; Lea Schneider, Health Department; Frank Haug, County Attorney; and Elizabeth Carter, Deputy Clerk.

 

Chair Johnson 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.

 

A member of the audience requested Item #1, the Rock Ridge Ranch Rural Land Plan File #19-LAND3932 be pulled from the Consent Agenda.  There was a discussion between the Board and staff regarding the applicant being absent due to illness. The Board discussed tabling the item until both the applicant and the members of the audience wanting to pull the item could be present.

 

1.          ROCK RIDGE RANCH RURAL LAND PLAN, FILE #19-LAND3932: The Rock Ridge Ranch Rural Land Plan (RLP) proposal is for the division of approximately 107.4-acres of land into four residential lots and one residual lot.  The residential lots will range in size from 3.1-9.3-acres.  There will be one residual lot approximately 86.4-acres in size.  34-acres of the Residual Lot will be protected by a covenant for a minimum of 40 years, as required under the RLUP, the 52-acre balance of the residual lot is currently protected with a conservation easement.  The proposed density of the Rock Ridge Ranch RLP, with one unit per 26.5-acres, appears to be compatible with the neighborhood.  The entire property ownership is proposed for development at this time. 

 

The Rock Ridge Ranch RLP is located on the north side of Highway 34, west of the City of Loveland almost to the mouth of the Big Thompson Canyon.

 

The property is zoned FA1-Farming and was part of a larger ranch.  The owner of the residual lot will be responsible for maintaining the residual land and for providing a periodic monitoring report(s) to the County.

 

The surrounding properties consist of open space, residential and agricultural uses. The surrounding properties are a variety of sizes with parcels ranging in size from 20-35 plus acres are directly to the south. The Ellis Ranch RLP and Ellis Ranch Events Center are north. Residential lots to the east ranging in size from 2.29-acres to 35-acres. There are also several other approved land divisions in the vicinity including exemptions and MRD’s as well as small subdivisions and a conservation development.  

 

This property is currently accessed from County Road 29 and Ellis Ranch Road and those accesses will be retained or established.  Additional right-of-way for County Road 29 will be dedicated with the final plat. 

 

Located near the mouth of the Big Thompson Canyon the area of the proposed 9.3-acre lot was used by Kiewit Construction as the staging and operations area for their construction activities.  Prior to Kiewit departing the site the owner requested to retain some of the improvements made by Kiewit.  Those included: fencing, driveway, paved pads on site and a part of the area with roadbase.  Understanding that this application was in process and that the improvements did not require permits the applicant was allowed to retain them. 

 

The existing residence and farm improvements are currently served by a well and on-lot septic.  Domestic water for the new lots will be provided by the existing well as well as new wells.  All of the lots will utilize on-lot septic systems.  Electricity will be provided by Poudre Valley REA, and gas will be through propane.

 

The applicant’s original proposal was for up to six lots based a calculation dependent upon the 107-acres.  Unfortunately, that discussion and design did not recognize the existence or impact of the exiting conservation easements on 52-acres of the property.  When the 52-acres is removed from the calculation the balance only yields three lots based one lot per 17.5-acres.  Because of the prior confusion and the desire to create retirement income; the applicant has requested a total of four lots or one more that currently allowed based on the reduced development area due to the previously preserved property.  Additionally, the RLUP would allow wells to be used.  To develop additional density a Conservation Development which would require public water which is available, but costly to extend to the site.  This cost would require the applicant to request up to the maximum density of 12 lots to recoup the costs.  That is not her desire nor is that pattern conducive to the “gateway character “of this site.  Section 5.8.6.A.3 of the Larimer County Land Use Code provides for the allowance of “bonus” units as long as the density does not exceed one per 17.5-acres in this case the density across the entire property is one per 26.5-acres.  The staff supports as did the Rural Land Use Board the allowance of the one bonus unit proposed here. 

 

This application has been reviewed under criteria set forth in the Larimer County Land Use Code. Except as expressly modified by the approved conditions for this project, this development must comply with Section 5.8—Rural Land Use Process, the Road Naming and Site Addressing System Resolution, Section 8.8—Irrigation Facilities, Section 8.10—Management/Use Plans, and Section 4 – Zoning.

 

The referral agencies have responded, and fees will be collected at the time of final plat and building permit issuance as applicable to meet the requirements in Section 9.0—Land Dedications, Fees-in-Lieu of Dedications, Facility Fees and Capital Expansion Fees.  The fees that will be collected on this project are park fees, school fees, drainage fees, and Transportation Capital Expansion fees.  Other fees that will be collected are Rural Land Use Process fees in effect at the time of building permit issuance.

 

Two area of concerns or issues surfaced during the review process for this project.  The status of the area of the property used by Kiewit and the use of Ellis Ranch Road a, a publicly dedicated road. 

 

The project was referred to 15 referral agencies and comments were received from 12 of those agencies.  Comments were not received from Colorado Parks and Wildlife. Below are the findings submitted by the other agencies:

 

Larimer County Engineering Department

•           Requesting a 40-foot half right-of-way along County Road 29.

            –          A condition of approval has been included for right-of-way dedication.

•           Drainage paths & historic flows identified and preserved and building envelopes sited so they do not interfere with existing drainage patterns.

            –          RLUP standards require site drainage review.  A condition of approval is for a drainage             report to address these issues at the time of final plat.

•           Access permits required for the new accesses and any existing access points that have a change in use, to a county road.

            –          A standard condition of approval is included for an access permit.

Larimer County Health Department

•           On-site wastewater treatment systems (OWTS).

            –       If public sewer is not available, the OWTS would be allowed as each new                               residential lot is over 3 acres in size.

            –          Requires septic permit before building permit issuance.  No condition of                                approval proposed as this is a standard building permit requirement. 

•           Water to be obtained from wells. 

            –          Recommends water quality testing for all wells.

•           Rural Area issues and Horse Pasture Management comments. 

            –          Standard disclosure notes included that discuss rural area issues and horse                              pasture management on small lots.

            –          Dust control for unpaved roads.

Division of Water Resources

•           Existing and new wells will need to comply with the cluster subdivision laws

•           Little Thompson Water District will need to acknowledge that they do not oppose wells in the development.

Colorado Geological Survey

•           There are no geologic or geotechnical constraints that would preclude the residential use and density.

•           Potential development constraints that will need to be addressed through a site-specific subsurface investigation include:

            –          Shallow groundwater

            –          Expansive and compressible soils and expansive bedrock

            –          Septic system/OWTS feasibility

•           A condition of approval is included to address site specific soils investigations for habitable structures.

 

 

Loveland Fire Rescue Authority (LFRA)

•           LFRA has an adopted Fire Code and is requesting:

            –          Proximity to fire hydrants or residential fire sprinklers.

            –          Fire access for all residences be designed.

            –          Fire lane and dedicated emergency access easement with visible signage.

            –          Approval of security gates if allowed in development.

           RLUP regulations do not specifically address fire requirements.

            –          RLUP road standards apply and include requirements for turnarounds and                             turnouts for dead-end roads.

            –          Condition of approval requiring automatic fire protection sprinklers for new                         residential structures or written permission for a variance from the                                         requirement from the fire district.

            –          This allows the applicant to work directly with the fire district to make other                          fire plan, if desired but assures some fire protection to the new residents.

Poudre Valley REA

•           No Comments

Open Lands

•           Prefers a permanent conservation restriction rather than the proposed 40 years.

•           As a “gateway’ property prefers the proposal over higher density Conservation Development.

 

A neighborhood meeting was held, and 15 community members attended.  The primary concerns discussed were related to impact on Ellis Ranch Road, development impacts in general, lighting and light impact and setback/spacing as well as uses on the lots.  The Kiewit Use and reclamation was also discussed at the meeting.

 

Staff has found this proposal is consistent with the policies of Section 5.8—Rural Land Use Process of the Larimer County Land Use Code:

 

Support for the Rock Ridge Ranch Preliminary Rural Land Plan is based on the following:

 

•           This proposal supports conservation values, including the preservation of approximately 86-acres of residual land with protection from further development for a minimum of 40 years.

 

•           The plan is generally compatible with the existing neighboring land uses.

 

•           The proposal supports the continued agricultural uses in the area and preserves the agricultural resource.

 

Support for this proposed plan considers other development options, particularly the greater number of residential units possible under the zoning. The desirability of property that creates development pressure within the area supports the finding that this is an appropriate project. As proposed, this project will also provide long-term benefits to citizens of Larimer County:

 

•           Protection of existing rural open land.

 

•           Transportation capital expansion fees received from the project.

 

•           School and park fees received from the project.

 

•           Fewer residences than allowed through existing zoning.

 

•           Ability to provide standards with the design of project, as compared to use-by-right division of property into 35-acre parcels.

 

Rural Land Use Advisory Board Recommendation:

 

This project was also reviewed by the Rural Land Use Advisory Board on Monday, December 2, 2019.  The Board recommended tabling of the project until the December 16, 2019 meeting to allow for the applicant to depict the location of either a lot or building envelop for the fourth unit.  This project was again reviewed by the Rural Land Use Advisory Board on Monday, December 16, 2019.  The Board recommended approval of the project. The following motion was to move approval: To approve the Rock Ridge Ranch RLUP: with the standard conditions that require compliance with RLUP standards. As well as the additional conditions regarding water supply, additional right-of-way, drainage, fire protection, access permitting, and plat notes as outlined by staff in their presentation. Also, approval of the request to allow the 4th unit pursuant to section 5.8.6.A.3 of the Larimer County Land Use Code and further recommend the condition of approval in participation in the road maintenance agreement for Ellis Ranch Lane for those lots which will access off Ellis Ranch Lane and will be included in either a development agreement or a deed restriction on the affected  lots.

 

The Development Review Team recommends that the Board of County Commissioners approve the Rock Ridge Ranch Rural Land Plan, File # 19-LAND3889, subject to the following conditions which must be met prior to approval of final plat by the Board of County Commissioners:

 

A.        The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Rock Ridge Ranch Rural Land Plan (File # 19-LAND3889) 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 Rock Ridge Ranch Rural Land Plan.

 

B.         Individual wells will supply water to this development.  Wells must comply with requirements of the State Engineers letter of October 9, 2019. 

 

C.         All roads and drainage shall be in accordance with Section 5.8.6.D of the Rural Land Use Process.  The drainage review must include information about the effects of the proposal on existing drainage patterns and address concerns about future site grading and/or storage ponds plans that might impact the on-lot septic systems and outlines plans for mitigation of such effects.  Before final approval, all designs must be prepared, stamped, and certified by a qualified professional engineer licensed in the State of Colorado that design standards in 5.8.6.D. were followed.

 

D.        The applicant must obtain an access permit for the new access and any existing access points that have a change in use from the Larimer County Access Coordinator prior to commencing any construction on the project.  The applicant and applicant's engineer must contact the Larimer County Access Coordinator to discuss access design requirements.  The applicant shall comply with all such design requirements. The applicant's plans must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that they meet the access design requirements.

 

E.        The owners shall dedicate a 40-foot half section of right-of-way along Larimer County Road 29.  This dedication shall be shown on the final plat. 

 

F.         Road names and addressing shall meet standards in the “Road Naming and Site Addressing System Resolution”. 

 

G.        If fences and existing trees are currently located in the existing or newly dedicated right-of-way, the applicants shall enter into a binding fence removal agreement with the County which, at the request of the County, shall obligate the owners to remove, at their expense, the existing fences in the dedicated half section of right-of-way.  No new fences, trees or buildings shall be allowed in the right-of-way; however, repair and maintenance of existing fences shall be allowed.  The fence removal agreement shall be reviewed and approved by the County Attorney. 

 

H.        On-site septic systems for each lot will be required to meet the requirements of the Larimer County Health Department for the new lots.

 

I.          Automatic fire protection sprinklers will be required for all new residential structures or another approved fire plan approved by Loveland Fire Rescue Authority or written permission to deviate from this requirement must be provided from the fire district.

 

J.          The residual land management plan must be reviewed and approved by Development Services Team (DST) prior to final plat approval. 

 

K.        The residual land protective covenant and final development agreement must be reviewed and approved by the County Attorney and the DST prior to final plat approval.

 

L.         Restrictive covenants (if any), including provisions for internal road maintenance, small acreage management, architectural guidelines, and other requirements must be reviewed and approved by the DST prior to final plat approval OR at minimum, a Road Maintenance Agreement must be submitted and reviewed and approved by the County Attorney and DST prior to final plat approval. 

 

M.        A Lot Sale Prohibition shall be placed on this property preventing the sale of any new lots until the applicable improvements (i.e., legal access and public utilities, including but not limited to roads, water supply and electricity) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred, or conveyed unless and until Developer provides written designation stating the improvements have been completed for the lot proposed to be sold, transferred, or conveyed.  The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots.  Upon receipt of such written designation, County will provide to the Developers a release of the Lot Sale Prohibition for the particular lot(s) for which the improvements have been completed.

 

N.        Little Thompson Water District will need to acknowledge that they do not oppose wells.

 

O.        All lots which will utilize Ellis Ranch Lane will be required to contribute to /participate in the maintenance of the road with the other users of the road. 

 

P.         The following must be listed on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase:

 

(1)        The Rock Ridge Ranch RLUP was approved by Larimer County under the County’s Rural Land Use Process.  This is an abbreviated review process and does not involve the higher scrutiny afforded projects developed under other County land division processes.

 

(2)        Passive radon mitigation measures shall be included in construction of structures designed for habitable space on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

(3)        Engineered footings and foundations may be required for new habitable construction. Please check with the Larimer County Building Department for requirements prior to submitting a building permit application.

 

(4)        Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes).  The Colorado Parks and Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise.

 

(5)        Many other species of wildlife live in the area; some can be dangerous to humans and pets.  It must be remembered that landowners will be living with wildlife.  Species that may be found in the area are coyotes, mountain lions, bobcats, skunks, badgers, raccoons, deer, elk, hawks, owls and eagles.

 

(6)        During certain times of the year, mosquitoes may present a significant nuisance.  Larimer County does not have a mosquito abatement program.  Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations.

 

(7)        Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property.  At times, these animals are implicated in the transmission of plague to people or their pets.  It is important for residents to observe animal control requirements for dogs and cats.

 

(8)        Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust.  These are a normal part of agriculture and should be expected to occur.  In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime.

 

(9)        If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture.  Overgrazing will produce bare ground, weeds, erosion, and polluted runoff.  Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing, and feeding.

 

(10)      Larimer County has adopted a Right to Farm Resolution.

 

(11)      The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), Drainage Fees, and Rural Land Use Process fees.  The fee amount that is current at time of building permit application shall apply.

 

(12)      Larimer County shall not maintain roads or streets in this development.  Maintenance of the streets shall be the responsibility of the property owners.  Failure to maintain streets may result in a lien being placed on these lots.

 

(13)      The owners of the residual land parcels will be responsible for maintaining the residual land according to the restrictions listed in the management plan and for providing periodic monitoring report(s) to the County.

 

(14)      Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement.  The Developer and Larimer County executed this agreement in consideration of the approval of this Development.  This Agreement was recorded in the Larimer County Clerk and Recorder’s office immediately after the plat.  All purchasers should obtain and read the Development Agreement.

 

2.         GOMEZ APPEAL, FILE #19-GNRL0474: The subject property is a metes and bounds lot located on the south side of Highway 34 in the Loveland Growth Management Area.  The lot is approximately 1.6-acres in size.  Uses in the area are a mixture of industrial, residential and commercial.  In 2015, the property was rezoned from T-Tourist to PD-Planned Development to allow for uses similar to the C-Commercial zoning district.  The existing uses on the property of outdoor and enclosed storage are allowed in this PD zoning district.   The applicant has submitted a Site Plan Review application to the Planning Department for the outdoor and enclosed storage uses.  The Site Plan Review process is an administrative process that focuses on compliance with Code Standards. As part of the Site Plan Review process an applicant can request Appeals to some of the requirements of the Land Use Code which must be approved by Board of County Commissioners. 

 

The property owner is requesting the following Appeals:

 

A.        The applicant is requesting an Appeal to landscape requirements, Section 8.5 of the Land Use Code. 

 

B.         The applicant is requesting an Appeal to the parking area and road surface requirements, Section 8.6.3 of the Land Use Code. 

 

C.         The applicant is requesting an Appeal to have an off-premise sign, Section 10.0 of the Land Use Code. – This Appeal is not necessary as the applicant can have one sign on the property to the north property which serves both properties.  Both properties are under the same ownership currently.  We recommend that an agreement is put in place in case the ownership of the two properties ever splits. 

 

D.        The applicant has requested an Appeal to the traffic county data that was provided as part of the Site Plan Review submittal documents. This Appeal will not be reviewed at this time and may come back to the Commissioners at a later date.

 

The utilization of privately collected traffic counts is not an item that can be appealed to the Board of County Commissioners at this time as additional material needs to be submitted to the Engineering Department. A traffic study can be prepared from a Professional Engineer that utilizes privately collected traffic counts.  Engineering will need the opportunity to review that and if they disagree with the traffic counts, then that decision can be appealed to the Board of County Commissioners.

 

APPEAL TO DEVIATE FROM THE STANDARDS OR REQUIREMENTS

 

When considering whether to approve an Appeal to deviate from standards or requirements of this Code, other than minimum lot size requirements, the Board of County Commissioners may grant the Appeal subject to safeguards and conditions consistent with their findings concerning the following factors. The Board of County Commissioners will consider each of the following factors and make findings pertaining to each one which, in their discretion, applies to the Appeal:

 

A.        Approval of the Appeal will not subvert the purpose of the standard or requirement.

 

Appeal #1 – Landscaping:

 

The Land Use Code requires landscaping for properties which includes street and parking lot landscaping as well as screening and buffering requirements.  The site does not have any street frontage and is not visible from Eisenhower Boulevard.  When outdoor storage is proposed, the applicant is required to effectively screen the use from properties that are not zoned C-Commercial, I-Industrial or I-1 Industrial.  The purpose of the buffering and screening is to enhance the visual relationship between buildings and structures and to mitigate undesirable impacts from proposed development on existing and allowed uses, especially when adjacent properties allow for less intense land uses.  In this case there are elevation differences between this property and the adjacent properties that are higher in elevation (to the north, west and east) which makes the buffering and screening from adjacent properties difficult.  The property is bordered on the south by the Big Barnes Ditch and includes some existing vegetation as well as overhead power lines.  In addition, the property is adjacent to commercial uses to the east and west and the south is a reclaimed gravel quarry that includes a public trail.   Given the nature of the property such as the surrounding uses, existing vegetation, elevation changes and site constraints, approving the Appeal to landscape requirements does not appear to subvert the purpose of the standard or requirements. 

 

 

Appeal #2 – Paving

 

The Land Use Code requires nonresidential parking areas and associated private local access roads be paved with asphalt or concrete.  The applicants are proposing to use recycled asphalt for the drive aisles and road base for the parking stalls.  The purpose of the standard is to allow for safe and adequate access for customers visiting the property, accessible and drivable surfaces for emergency response providers.  The proposal demonstrates that deviation from the standard can be constructed and maintained to serve this proposed use and be compatible with uses in the surrounding area.   Referrals to Larimer County Engineering Department and Loveland Fire Rescue Authority have indicated that they support the Appeal.  Approval of the Appeal would not subvert the purpose of the standard or requirement based on the information provided by the applicant with the staff recommended conditions of approval listed below. 

 

B.         Approval of the Appeal will not be detrimental to the public health, safety or property values in the neighborhood.

 

Appeal #1 – Landscaping and Appeal #2 – Paving

 

It does not appear that approval of either Appeal would be detrimental to the public health, safety or property values in the neighborhood.  The Engineering and Health Department did not have objections based on the technical standards they administer, and negative impacts on neighboring property values are not evident from a Planning Department perspective.

 

C.         Approval of the Appeal is the minimum action necessary.

 

Appeal #1 – Landscaping and Appeal #2 – Paving

                       

Approval of the Appeals will not require any other subsequent approvals by the County.

 

 

D.        Approval of the Appeal will not result in increased costs to the general public.

 

Appeal #1 – Landscaping and Appeal #2 – Paving

 

There are no additional costs to the public if the Appeals are approved.

 

E.        Approval of the Appeal is consistent with the intent and purpose of the Code.

 

Appeal #1 – Landscaping and Appeal #2 – Paving

 

The proposed use is consistent with the zoning and uses in the area and granting these Appeals should not change the character of the neighborhood.  It is Staff’s assessment that this request meets the intent and purpose of the Land Use Code with the conditions of approval. 

 

The Larimer County Engineering Department has indicated support of the Appeal #2 to the requirement that the drive aisles associated with outdoor storage be paved, as long as the storage areas are constructed of an all-weather surface such as gravel or road base. Also, Engineering recommends that the drive aisles be constructed of recycled asphalt capable of supporting a fire apparatus with a weight of 80,000 pounds.  Lastly, Engineering supports the Appeal only for the proposed uses of outdoor and enclosed storage.  They will still require any required handicap parking spaces be paved or surfaced with concrete. The Health Department did not have any comments.

 

The Colorado Department of Transportation (CDOT) has indicated the applicant will need to have an appropriate access permit for the use but made no comment regarding the Appeals.  The access permit will be part of the Site Plan Review process. The City of Loveland has provided comments indicating they do not support any reduction in required landscaping, screening or buffers and they do not support the off-site sign. Lastly, Loveland Fire Rescue Authority (LFRA) has indicated they can support the request to the paving requirement provided the applicants supply a design stamped by a civil engineer attesting to the all-weather and weight design, and the stamped drawing is submitted to LFRA for approval prior to construction. 

 

The Development Services Team recommends approval of the Gomez Appeal, #1 and #2 to allow an Appeal from landscaping and paving requirements of the Larimer County Land Use Code, File #19-GNRL0474, subject to the following conditions:

 

A.        The Appeals apply only to the proposed uses of outdoor and enclosed storage.  If any additional uses are proposed for the property, they are must comply with the requirements of the Land Use Code.

 

B.         Any required handicap parking spaces must be paved or surfaced with concrete.

 

C.         The applicants supply a design stamped by a civil engineer attesting to the all-weather and weight design.  The stamped drawing should be submitted to Loveland Fire Rescue Authority for approval prior to construction.

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the Gomez Appeal on the Addendum Consent Agenda for Monday, February 3, 2020 and further moves authorizing the Chair to sign the Findings and Resolutions.

 

Motion passed 3-0

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners table the Rock Ridge Ranch Rural Land Plan, File #19-land3932 until February 10, 2020 at 3:00 p.m. in same the room.

 

Motion passed 3-0

 

With there being no further business, the Board adjourned at 3:15 p.m.

 

 

TUESDAY, FEBRUARY 04, 2020

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Johnson presided. Commissioner Donnelly and Commissioner Kefalas were present.  Also present were: Brenda Gimeson and Alisha Jeffers, Commissioners’ Office; and Elizabeth Carter, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.          PUBLIC COMMENT: The following members of the public addressed the Board: Deb Bjork.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 27, 2020”

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of January 27, 2020.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 10, 2020:   Ms. Gimeson reviewed the schedule for the upcoming week with the Board.

 

4.         CONSENT AGENDA:  

 

02042020A001            RENEWAL AGREEMENT - 2020, LCCC WATER & ENERGY PROGRAM - EFFICIENCY AUDITS AND TRAINING BY AND BETWEEN LARIMER COUNTY AND THE CITY OF LOVELAND, COLORADO

 

02042020A002            DRAINAGE AGREEMENT BETWEEN LARIMER COUNTY, POUDRE FIRE AUTHORITY AND THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM

 

02042020A003            DEVELOPMENT AGREEMENT FOR THE TIPS CONSERVATION DEVELOPMENT #15-S3362 BY AND BETWEEN LARIMER COUNTY, COREY TIPS, KAREN TIPS AND GREGORY BELCHER

 

02042020A004            AMENDMENT NUMBER TWO TO INTERGOVERNMENTAL AGREEMENT (REGARDING COOPERATION ON ANNEXATION, GROWTH MANAGEMENT AND RELATED ISSUES) BY AND BETWEEN LARIMER COUNTY AND CITY OF FORT COLLINS

 

02042020R001            SALARY RESOLUTION FOR LARIMER COUNTY DEPUTY DISTRICT ATTORNEY I

 

02042020R002            FINDINGS AND RESOLUTION APPROVING THE RED TAIL ESTATES PRELIMINARY RURAL LAND PLAN

 

Miscellaneous: Colorado Parks and Wildlife Impact Assistance Grant Application; Treasurer’s Sixth Month Report; Stipulation as to Tax Year 2019 Value: Craig Realty Group-Loveland LLC, Schedule Numbers: R1429230, R1372351,R1481177, R1443097; Stipulation as to Tax Year 2019 Value: Boggs Kurlander Steele LLC, Schedule Number: R0190179; Stipulation as to Tax Year 2019 Value: Arc Hospitality SMT FTCCO001 Owner LLC, Schedule Number: R1485890; TIPS Conservation Development (15-S3362) Final Plat; Annual Certification of Road Mileage to the Colorado Department of Transportation; Stipulation as to Tax Year 2019 Value: Granite Trust and Faith LLC, Schedule Number: R0472964; Letter of Support for HB20-1052-Department of Human Services Staff Safety and Privacy.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Consent Agenda for February 4, 2020.

 

Motion carried 3-0

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS: The Commissioners did not have any guests.

 

6.         2020 MISS LOVELAND VALENTINE: Ashley Arthur, a senior at Mountain View High School, has been selected for Miss Loveland Valentine 2020. Ms. Arthur was unable to attend the meeting due to the inclement weather and has rescheduled a visit for February 18, 2020.

 

7.         COUNTY MANAGER WORKSESSION:  Ms. Hoffmann updated the Board on upcoming projects and activities.

 

8.          COMMISSIONER ACTIVITY REPORTS:   The Board detailed their attendance at events during the previous week.

 

9.         EXECUTIVE SESSION: Laurie Kadrich, Interim Director of Community Planning, Infrastructure and Resources; Charlie Johnson, Senior Land Agent and Justin Core, Land Agent.  Mr. Johnson noted that the executive session was to discuss the donation of a conservation easement in the Poudre Valley.

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners enter Executive Session to discuss a proposed conservation easement pursuant to C.R.S 24-6-402(4)(a); the purchase, acquisition, lease, transfer or sale of any real or personal property interest.

 

Motion passed 3-0

 

With there being no further business, the Board adjourned at 9:40 a.m.

 

WEDNESDAY, FEBRUARY 5, 2020

 

QUEEN’S CONCESSION LLC /HOLIDAY TWIN DRIVE-IN

LIQUOR LICENSE HEARING

 

The Board of County Commissioners met at 11:00 a.m. with David Ayraud, Assistant County Attorney. Chair Johnson presided. Commissioner Donnelly and Commissioner Kefalas were present. Also present were: Kayleigh Ogden and Nancy Testory, Office of the Clerk and Recorder; and Elizabeth Carter, Deputy Clerk.

 

Chair Johnson opened the hearing and introduce David Ayraud, Assistant County Attorney. Mr. Ayraud established the presence of the applicant, Josh Cisar, General Manager of the Holiday Twin Drive-In Theater.  Also present to speak in favor of the application was Stephanie Webb, owner of the Holiday Twin Drive-In Theater. Additionally, it was established that no one was present to speak in opposition of the application. Mr. Cisar and Ms. Webb were sworn in.

 

Mr. Ayraud reviewed the following exhibits with the Board: Exhibit A – publishing of the notice in the newspaper; Exhibit B – diagram of the premises; Exhibit C – photos of Notice of Public Hearing posting on the premises; and Exhibit D – petition of the surrounding neighborhood.

 

Mr. Ayraud asked a series of questions of Mr. Cisar regarding the exhibits and questioned whether or not Mr. Cisar felt the surrounding neighborhood was in support of a hotel and restaurant license. Ms. Cisar replied in the affirmative, based upon the results of the petitioning process. The applicant did note a few members of the neighborhood expressed opposition. Those in opposition had a general dislike of alcohol consumption or the theater itself. 

 

Mr. Cisar was then questioned if he was familiar with the liquor laws and if he had any alcohol server training.  Mr. Cisar replied that he was familiar with the laws but as of yet did not have any formal training. Mr. Cisar reported that both he and the staff selling alcohol plan to complete training by April 2020.

 

Ms. Webb then addressed the Board in support of the liquor license. Ms. Webb reported to the Board that her husband purchased the property in 1979 and that it has been the family business since its purchase.  She noted that the drive-in has always striven to be family-center and intends to stay family based. Lastly, Ms. Webb stated that the business is seeking the liquor license in effort for to keep the business viable and to prevent the sale of the property to developers. 

 

Mr. Ayraud asked the applicants to provide background on the number of drive-ins in Colorado and the United States. Mr. Cisar reported that there are currently eight drive-ins located in Colorado and 324 in the United States. Ms. Webb added that over the decades the Holiday Twin Drive-In has become an iconic part of Fort Collins and that it was recently rated one to the top ten drive-ins in the county.  Mr. Ayraud noted for the record that there still was nobody present to speak against this license.

 

There was a discussion between the Board and the applicant regarding the area and size of land owned.  The applicants responded that there are two parcels measuring roughly 18.8-acres. Additionally, there was a discussion regarding the types of liquor to be served.  Mr. Cisar stated that the theater would begin with serving beer and then see how things evolve.

 

Mr. Ayraud noted that the testimony and evidence portion of the hearing was now closed.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the application for the hotel and restaurant liquor license for the Queen’s Concession LLC doing business as Holiday Twin Drive-In.

 

Motion carried 3-0.

 

With there being no further business, the Board recessed at 11:25 a.m.

 

                                                           

                                                            ____________________________________                       

                                                            STEVE JOHNSON

                                                            BOARD OF COUNTY COMMISSIONERS

 

 

 

ANGELA MYERS

 

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Elizabeth Carter, Deputy Clerk