MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, April 2, 2007
(no audio available)
The Board of County Commissioners met at 1:30 p.m. with Frank Lancaster, County Manager. Chair Wagner presided and Commissioners Gibson and Rennels were present. Also present were: Larry Timm, Planning Director; Dan Kunis, and Russ Legg, Planning Department; Mark Peterson, and Rex Burns, Engineering Department; K-Lynn Cameron, Parks and Open Lands Department; Marc Engemoen, Public Works Department; Doug Ryan, Environmental Health Department; and Jeannine Haag, Assistant County Attorney.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners go into Executive Session for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations, and instructing negotiators as outlined in 24-6-402(4)(e) C.R.S.
Motion carried 3-0.
The hearing recessed at 2:30 p.m. with no further action taken.
LAND USE HEARING
The Board of County Commissioners reconvened at 3:00 p.m. with Rob Helmick, Principal Planner. Chair Wagner presided and Commissioners Gibson and Rennels were present. Also present were: Matt Johnson, Engineering Department; Samantha Mott, and Matt Lafferty, Planning Department; Doug Ryan, Environmental Health Department; Jeannine Haag, Assistant County Attorney; and Kristen Romary, Deputy Clerk.
Chair Wagner opened the hearing with the Pledge of Allegiance and asked for public comment on the County Budget and the Land Use Code. No one from the audience addressed the Board regarding these topics. Chair Wagner then explained that Items 1 through 3 were on Consent and would not be discussed unless requested by the Board, staff, or members of the audience.
1. JAX THUNDERDOME SPECIAL REVIEW - #05-Z1574: This is a request for Special Review approval for a shooting range and paintball facility at the former Holcim cement plant site. Holcim Industries sold the bulk of its ownership in Larimer County in the fall of 2005, around the cement plant and the old quarries. One of the parcels sold was the old site of the plant and offices. This site generated the most interest up to the time of the auction, in part due to the existence of the office and other structures on the property. The 35 acre parcel was acquired by the applicant, Jim Quinlan, and in November of 2005 an application for sketch plan was submitted proposing a reuse of the site. This site and the surrounding area are designated as very low density residential in the Laporte Plan and are on the periphery of the plan area.
The current proposal is to utilize the large metal dome structure on the site as a paintball arena/facility. The plan would be to divide the open area under the dome into four zones that could be used independently from each other. The other existing buildings on the site would be used as offices, a residence, and storage. The applicants project a maximum of 30 trips per day to be generated by this use.
There are no natural hazards or resources on this site. There are some areas of 30% slope which are a result of the prior mining and reclamation of the mining and plant site. At least two of the structures on the site have some significance from a historic perspective, the original plant building and the two story office building. All of the existing buildings are proposed to remain on site.
There does not appear to be other concerns which were identified during the review of this proposal. The new owners of the adjacent properties sold by Holcim have been concerned about the impact and intensity of the use. Those concerns appear to have been addressed with the limited scope of the use.
The proposal to utilize the former clinker storage dome at Holcim as a paintball facility by JAX is a creative reuse of the industrial facility. Based upon staff review and the comments received during the review process, it appears that the use could occur at this site without conflicts. There are building and fire code issues to resolve from a technical standpoint but the use appears to be reasonable based on its location.
The Planning Commission and the Development Services Team recommends that the Jax Thunderdome Special Review, File #05-Z1574, be approved subject to the following conditions:
2. SCHUMAN MINOR SPECIAL REVIEW - #07-Z1633: This is a request for approval of a Minor Special Review for a detached Accessory Living Area on 36.72 acres. The applicant seeks Minor Special Review approval to construct an Accessory Living Area on a 36.72 acre property situated on the east side of County Road 5, approximately ¼ mile south of County Road 42E. Currently the property has an existing primary residence and is being used for horses and some livestock.
According to the project description, the Accessory Living Area will not exceed 800 interior square feet, and will be constructed in an existing garage. The purpose of the request is to allow living space for farm help, as the primary residence is being occupied by the owners’ sons, who are attending college at CSU, and additional assistance for the maintenance and upkeep of the farm operations are necessary.
The Land Use Code states that accessory uses are intended to allow property owners the full use of their property while maintaining the integrity and character of the neighborhood. To meet these goals, accessory uses and buildings must be erected and used only for purposes that are clearly secondary and incidental to the principal use of the property. They must be located on the same lot with the principal use as well. This request meets these standards.
The Development Services Team recommends that the Board of County Commissioners approve of the Schuman Minor Special Review for a detached Accessory Living Unit subject to the following conditions:
1. The Site shall be developed consistent with the approved plan and with the information contained in the Schuman Minor Special Review (File #07-Z1633) 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 Schuman Minor Special Review.
2. 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 fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to the county, the county may withhold building permits, issue a written notice to the applicant to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review. All remedies are cumulative and the county’s election to use one shall not preclude use of another. In the event the county must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees. The county may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.
3. 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.
4. All applicable fees, including permit fees and the Transportation Capital Expansion Fee, shall apply to this use at the time of building permit issuance for the Accessory Living Area.
5. The habitable space for the detached accessory living unit shall not exceed 800 square feet, per Section 4.3.10.F.2 of the Larimer County Land Use Code.
6. The applicant shall sign a Disclosure Notice, to advise potential lot buyers of the restrictions placed on the Accessory Living Area, at the time of building permit application. The Accessory Living Area can not exceed 800 square feet in size and can not be rented, or marked as rental property.
3. LOCASIO MINOR SPECIAL REVIEW - #07-Z1631: The applicant seeks approval for a Minor Special Review to allow for the continued use of an existing, detached, residential unit as an approved accessory dwelling use. The detached residential use was first permitted in April of 2005 as a detached garage with an office, full bath, and a sunroom. At that time the owner signed a Use Affidavit stating that the “Use of the structure shall be accessory to the primary dwelling on the property and shall be for private, personal use only. It shall not be used for guest quarters, home occupation, residential, commercial or industrial uses unless and until proper county approval is granted for such uses.” According to the applicant’s information, upon completion, the owner’s sister had to move in to care for their mother. This created a need for space; therefore, the sunroom was converted into a detached living area. According to the Use Affidavit, the owner must go through the Minor Special Review process to be allowed to keep this detached living area.
According to the Larimer County Assessor’s Office, the main residence on the property was constructed in 1960 and it is approximately 1771 square feet in size. Based on the project description, the Accessory Living Area will not exceed 576 interior square feet. It will utilize Spring Canyon Water Company for both water supply and sewage disposal. Spring Canyon has been notified and no comments were received from them. The site is located in an area surrounded by recreational and other residential uses.
There were no objections from the County Planning, Engineering and Health Departments related to the proposed Minor Special Review. Each of the departments have minor concerns for the applicant to address prior to recording the final plat which are outlined below:
The Land Use Code states that accessory uses are intended to allow property owners the full use of their property while maintaining the integrity and character of the neighborhood. To meet these goals, accessory uses and buildings must be erected and used only for purposes that are clearly secondary and incidental to the principal use of the property. They must be located on the same lot with the principal use as well. It is the assessment of the Development Services Team that this request can meet the standards provided the owner complies with the requirements for an Accessory Living Area, and satisfies the recommended conditions of approval.
There are outstanding permits and inspections required for the building. Compliance with these requirements is not intended to create an inconvenience for the applicant. However, the permit process exists to ensure that structures are built to the best possible standards to protect all who will live in and use them.
The Development Services Team recommends approval of the Locascio Minor Special Review subject to the following conditions:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve Items 1 through 3, as listed on the Consent Agenda and outlined above.
Motion carried 3-0.
At this time, Commissioner Rennels recused herself from the hearing because her property is adjacent to the subject property in the Stegner/Everitt Appeal.
4. STEGNER/EVERITT APPEAL - #07-G0130: This is a request for an appeal seeking relief from the requirement of Section 8.13.1 of the Larimer County Land Use Code to allow development in an area of commercial mineral deposits without mining.
The Board of County Commissioners adopted the Larimer County Commercial Mineral Resource Plan on June 17, 1998. The plan designated areas of the county which were presumed to be underlain by mineral resources which were to be protected. The plan is mandated by state law, in jurisdictions with a population over 50,000. The intention is to preserve mineral resources from competing development, which would preclude the extraction of the mineral. The resources designated in Larimer County are sand and gravel.
The applicants in this case are requesting the Board of County Commissioners find that the interests of the public are served by allowing development to occur on the site without requiring the removal of the resource. A large area north of the Poudre River is designated as being underlain by this resource. The applicants are in the process of creating a proposal to develop this property; however, a decision on this issue is necessary before they proceed with the process.
8.13. COMMERCIAL MINERAL DEPOSITS
8.13.1. Mineral resources.
Under the commercial mineral resources plan adopted by County Commissioners, neither the commissioners nor the board of adjustment can, by official action or inaction, permit the use of any land that would preclude the extraction of a commercial mineral deposit.
A. Nothing in this section shall be construed to prohibit any agricultural use of land.
B. Nothing in this section shall be construed to prohibit any use of land that was permitted by the land's zoning on July 1, 1973.
C. Nothing in this section shall be construed to prohibit any use that does not include the erection of permanent structures or otherwise permanently preclude the extraction of a commercial mineral deposit
The text below is an extract from the Larimer County Master Plan which is also the basic language of the Commercial Mineral Plan. This is the document the applicant referenced in developing their application.
In defining "commercial mineral deposits," the following factors are considered:
1. Aggregate resources as mapped by Schwochow et al., Colorado Geological Survey, 1974.
2. Wetlands and critical riparian areas and wildlife habitat.
3. Size of the potential area.
4. Existing development that effectively precludes extraction.
5. Other site-specific factors rendering extraction inappropriate in light of the countervailing factors listed in C.R.S. 34-1-304(1), including the quality of life of the residents in and around areas which contain commercial mineral deposits and the ability to reclaim the area.
State statutes emphasize aggregate resources for protection and have required mapping of these mineral resources by the Colorado Geological Survey.
ER-8-s1 "Commercial mineral resources" are defined as areas delineated as "F1" and "T1"deposits, pursuant to 34-1-302(1) C.R.S., on the Aggregate Resource Maps, Schwochow et al., Colorado Geological Survey, 1974.
ER-8-s2 Aggregate Resource Areas shall be those underlain by "commercial mineral resources." Aggregate Resource Areas shall not include the following lands:
1. Wetlands identified and mapped as Class III or IV on adopted Wetland Maps, and their required buffer areas.
2. Critical wildlife habitat areas, as identified and adopted in the Master Plan or on a site specific basis.
3. Public open space areas.
4. Areas where existing development effectively precludes extraction or where extraction has been completed.
5. Areas within Growth Management Areas where existing or previous capital improvement commitments effectively preclude mineral resource development.
6. Areas or parcels remaining after the exclusions contained in 1 through 5 above, where the contiguous surface area underlain by a commercial mineral deposit is 20 acres or less.
7. Any specific site where the mineral extraction of a commercial mineral deposit would not be appropriate in light of the countervailing factors listed in 34-1-304(1), C.R.S.
The specific request is to have the Board of County Commissioners find that based on the exclusions listed above, it is not necessary to mine the site prior to approving a development application. When the plan was adopted, the broad brush mapping done in 1973 was adopted, and the exclusions were not mapped. Some of the exclusions will change with time as development occurs and infrastructure is extended.
The Development Services Team recommends the Board of County Commissioners approve the request of the applicant, the Everitt Companies, for an appeal to allow consideration of a development proposal on the property. This site should be excluded from designation as a Commercial Mineral Resource Area based upon the adopted exclusions found in the Master Plan.
Stan Everett, applicant, explained that the proposed development for the property is within the Laporte Development Plan, and fits with the integrity of the area plan as well. At this time, Chair Wagner opened the hearing for public comment, and no one from the audience addressed the Board.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the appeal of the Everitt Companies to exclude property from the Commercial Mineral resources Plan, as recommended by the Development Services Team.
Motion carried 2-0.
The meeting ended at 3:30 p.m.
TUESDAY, APRIL 3, 2007
The Board of County Commissioners met at 9:30 a.m. with Frank Lancaster, County Manager. Chair Wagner presided and Commissioners Gibson and Rennels were present. Also present were: Donna Hart, and Deni LaRue, Commissioners’ Office; Laurel Kubin, Extension Office; Jerry White, and Charlie Johnson, Engineering Department; Marc Engemoen, Public Works Department; K-Lynn Cameron, Parks and Open Lands Department, Gary Buffington, Parks and Open Lands Director; George Hass, County Attorney; and Kristen Romary, Deputy Clerk.
1. PUBLIC COMMENT: There was no public comment today.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 26, 2007:
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of March 26, 2007.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 9, 2007: The Commissioners reviewed and discussed the upcoming schedule with Ms. Hart.
4. CONSENT AGENDA:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for April 3, 2007:
ABATEMENTS: As recommended by the County Assessor, the following Petitions for Abatement are approved: China Wok; Robert K. and Nancy J. Scott; Dycrest Dairy LLC; Four Seasons Realty Inc. (5 parcels); Aaron Rents Inc.
04032007A001 LAW ENFORCEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND THE TOWN OF WELLINGTON
04032007A002 WARRANTY MEMORANDUM FOR SOARING PEAKS RANCH CONSERVATION DEVELOPMENT (FILE #04-S2364) BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND SOARING PEAKS DEVELOPMENT CO. LLC AND SOARING PEAKS RANCH HOMEOWNERS ASSOCIATION, INC.
04032007A003 DEVELOPMENT AGREEMENT FOR MEADOWS AT ROLLING HILLS PLANNED LAND DIVISION AND PLANNED DEVELOPMENT (FILE #04-S2337) BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY; S2CR LAND & DEVELOPMENT, LLC; AND MEADOWS AT ROLLING HILLS HOMEOWNERS ASSOCIATION
04032007A004 AGREEMENT TO AMEND CONTRACT FOR PURCHASE OF WATER RIGHTS BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND JAY D. STONER
04032007A005 PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND WISDOMNET
04032007A006 AGREEMENT CREATING ROCKY MOUNTAIN RAIL AUTHORITY ENTERED INTO BY CLEAR CREEK COUNTY AND THE TOWN OF MONUMENT
04032007R001 FINDINGS AND RESOLUTION APPROVING THE OLD FARM PLANNED LAND DIVISION PRELIMINARY PLAT, REZONING TO PLANNED DEVELOPMENT, AND APPEAL
04032007R002 FINDINGS AND RESOLUTION APPROVING THE DISNER EXTENDED FAMILY DWELLING
04032007R003 FINDINGS AND RESOLUTION APPROVING THE ROSE MINOR SPECIAL REVIEW
04032007R004 FINDINGS AND RESOLUTION APPROVING THE ECKBERG MINOR LAND DIVISION
04032007R005 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR MEADOWS AT ROLLING HILLS PLANNED LAND DIVISION
04032007R006 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 55 AND 56 OF GLACIER VIEW MEADOWS SUBDIVISION 8TH FILING
MISCELLANEOUS: Meadows at Rolling Hills Planned Land Division Final Plat; Eckberg Minor Land Division Plat; Operational Guidelines for the Larimer County Extension Advisory Committee.
LIQUOR LICENSES: The following liquor license was approved and issued: Pool Tyme Billiards – Tavern – Loveland.
Motion carried 3-0.
5. EXTENSION ADVISORY COMMITTEE MEMBERSHIP COMPOSITION: Ms. Kubin explained that the Extension Advisory Committee seeks approval to increase the current number of committee members from 11 to 15, with three of those positions being reserved for older teens/young adults (age 16-18). Ms. Kubin stated that since the Extension Office works with hundreds of youth through 4-H programs and provides education to other youth as well, the committee felt that it was important to include youth in the decision-making process.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve increasing the number of members on the Larimer County Extension Advisory Committee to 15 members, with three of those positions being reserved for older teens/young adults.
Motion carried 3-0.
6. COUNTY MANAGER WORKSESSION: Mr. Lancaster explained that the Sheriff’s Office is requesting a response to their previous inquiry of increased dollars to add staff to the Detention Center. Discussion among the Commissioners ensued. It was decided that a worksession would be scheduled to discuss this issue further.
Mr. Lancaster explained that El Centro Student Services at Colorado State University is asking for $700.00 in support of “Celebrating and Embracing our Latino Students” at the 24th annual El Centro Achievement Awards Ceremony. The ceremony recognizes committed and talented Latino students who will be graduating from Colorado State University.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve expending $400 from the Special Projects Fund to support El Centro Student Services at Colorado State University.
Motion carried 3-0.
7. COMMISSIONER ACTIVITY REPORTS: The Board discussed their attendance at events during the past week.
8. LEGAL MATTERS: Executive Session (Tape #44)
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners go into Executive Session for the purpose of purchase acquisition, lease, transfer or sale of any real or personal property interest as outlined in 24-6-402(4)(a) C.R.S.
Motion carried 3-0.
Executive Session (Tape #45)
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners go into Executive Session for the purpose of discussing personnel matters as outlined in 24-6-402(4)(f) C.R.S.
Motion carried 3-0.
The Executive Sessions ended at 11:30 a.m. with no further action taken.
KAREN A. WAGNER, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Kristen L. Romary, Deputy Clerk