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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, July 2, 2007
land use hearing
(#85 & #86)
The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner. Chair Pro-Tem Rennels presided and Commissioner Gibson was present. Also present were: Chad Gray, Planning Department; Traci Downs, Engineering Department; William Ressue, Assistant County Attorney; and Kristen Romary, Deputy Clerk.
Chair Pro-Tem Rennels opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code. No one from the audience addressed the Board regarding these topics. Chair Pro-Tem Rennels explained that Item 1, Blayne Brown Zoning Violation #07-CC0040, and Item 2, Psychic Visions Sign Appeal #07-G0139 have been withdrawn from the agenda.
Mr. Gray asked that Item 4, Lythgoe Zoning Violation #06-CC0378, be vacated since the property owners have already cleaned up the property to the county’s satisfaction.
3. DEEP WATER METRO DISTRICT 1 AND 2 - #06-G0108 (TABLED FROM MAY 21, 2007: This is a request that the Board of County Commissioners approve the formation of two interlocked metropolitan districts. The proposal for the Deep Water Metropolitan District has been in the process since April of 2006. Since that time the Larimer County Planning Commission has reviewed the proposal and made a recommendation to the Board of County Commissioners. The Board of County Commissioners has tabled consideration of the proposal several times to respond to concerns from the applicant regarding the Larimer County Planning Commission recommendation and to try to bring closure to some of the issues which have been a part of the proposal.
The plan behind the district proposal is unique and creative. It essentially turns a liability, excess brine water created from oil well production, into an asset, by acknowledging the water as non-tributary and utilizing the water as augmentation. This allows for the use of native “surface water” for domestic use and maintains the hydrologic basis by disposing of the treated water to the Boxelder Creek aquifer. The original proposal was a master district and then a secondary developer district. The proposal has been revised to have the Town of Wellington (interested in a new source of domestic water) and the developer district to create and Authority that would control the distribution of the water.
The revised/amended service plan reflects the significant involvement of the Town of Wellington in the proposal and the efforts of the Town that have caused the overall proposal to supply domestic water to become the Deep Water Metropolitan Distinct and an “Authority” which would be the district and the Town of Wellington. This change was created in part in response to the Larimer County Planning Commission concerns with respect to the control of the resources and the Town of Wellington’s involvement and similar concerns. This effectively renders the Metropolitan district proposed a developer district whose responsibility is the construction and maintenance of the infrastructure of a future development in the county.
The applicants provided some discussion and supplements to the record to staff at the time of the original hearings. The Plan itself has never been modified to reflect the information provided in response to the staff’s concerns. Staff has indicated the need for the plan to accurately reflect the changes necessary to resolve the concerns.
Unfortunately, the County Special District Review Team has evaluated the revised/amended plan and finds that the plan as revised is essentially the same as the previously submitted plan. Due to the similarity, the team does not see that a substantive effort has been made to address some of the concerns that have plagued this proposal.
The Special District Review Team recommends that the Board of County Commissioners deny the proposed Deep Water Metropolitan District Service Plan, based upon the review and conclusions that the service plan does not meet the necessary standards identified in the statutes.
Mr. Helmick outlined the history of the appeal process and said that staff still has concerns regarding the long term viability of the water source. He said that as it stands, the proposal does not meet county standards.
Richard Seaworth, applicant, explained that the creation of the Deep Water Metropolitan Districts would be a benefit to Colorado. He explained that the potential for the water to dry up is not an issue and he would like to see the service plan move forward at this time. Brad March, attorney for the Town of Wellington, said that there is a potential for the Town of Wellington to annex the property if Larimer County chooses not to. Commissioner Gibson asked Mr. Ryan about septic standards as they pertain to one acre lots. Discussion among the Board and staff ensued. At this time, Chair Pro-Tem Rennels opened the hearing for public comment. No one from the audience addressed the Board.
Informal conditions of approval were presented by Mr. Helmick and discussed by the Board and Mr. Ressue. Mr. Ressue advised the Board that the conditions cannot be formally approved at this time because specific financials associated with the current service plan have not been addressed. The conditions outlined today are only meant as a guideline to the applicant so he is given the opportunity to deal with all outstanding issues prior to the next scheduled hearing. Mr. Ressue said that Colorado state statute requires the service plan to be disapproved unless satisfactory evidence of the following is presented:
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners table the Deep Water Metropolitan District 1 and 2 - #06-G0108 to October 1, 2007, at 3:00 p.m.
Motion carried 2-0.
LAND USE HEARING
The Board of County Commissioners reconvened at 6:30 p.m. with Neil Gluckman, Assistant County Manager. Chair Pro-Tem Rennels presided and Commissioner Gibson was present. Also present were: Tom Garton, and Stan Griep, Building Inspection; Russ Legg, Planning Department; Michelle Jacobs, Director of Community Affairs Home Builders Association of Northern Colorado; William Ressue, Assistant County Attorney; and Kristen Romary, Deputy Clerk.
1. LAND USE CODE AMENDMENTS – RAFTING - #06-CA0066: This is a request to make changes to the adopted Land Use Code. During the code adoption hearings staff often discussed the concept of a living Land Use Code that would be amended as needed to make it function properly.
Staff has been talking to some of the rafting companies who have had difficulty finding places from which to operate their business. Under the current code these businesses are limited to property that is zoned C-Commercial or I-Industrial. There simply is not much of that zoning in the areas close to where rafting places logically should be located. By adding “rafting business” to the O-Open Zoning District through the Minor Special Review process staff can add many more possible locations for this type of business.
This proposal was heard by the Planning Commission on January 17, 2007. At that time there was discussion regarding whether the Minor Special Review process was appropriate for rafting businesses in the O-Open zoning district since they have the potential for additional impacts. Minor Special Review applications are not heard by the Planning Commission. That discussion resulted in a recommendation from the Planning Commission for approval of the code amendment but with the recommendation that the review process be a full Special Review rather than Minor Special Review due to the traffic, noise and other impacts on neighboring properties.
The proposed amendment was then heard by the Board of County Commissioners on January 22, 2007. At that hearing there was further discussion regarding the rafting business amendment and the Board requested that the rafting business amendment be withdrawn by staff so the review process could be discussed with the Planning Commission.
Since that time, the proposed rafting amendment was again discussed on March 14, 2007, at the joint worksession of the Planning Commission and County Commissioners. At that time the differences in the review processes and associated application fees were discussed, along with information from the County Manager regarding the growth potential for commercial rafting businesses on the Poudre River. Currently there are 6 permitted outfitters and there are no plans for expanding that number. Because there is limited potential for market growth in this business use and therefore limited potential for proliferation of rafting business sites, staff is now bringing this code amendment forth as originally proposed to add this use to the O-Open zoning district with the requirement of a Minor Special Review.
The proposed amendments to the Land Use Code are as follows:
Staff finds that the proposed changes are consistent with the Master Plan along with the intent and purpose of the Land Use Code. The proposed changes are necessary to correct an omission or error in the current Land Use Code. The proposed amendments satisfy the above review criteria for changes to the text of the Land Use Code.
Mr. Legg explained the reasons for making changes to the Land Use Code. He said that the current code is too restrictive for rafting companies, and thinks that a Minor Special Review process would be sufficient. Chair Pro-Tem Rennels opened the hearing for public comment. No one from the audience addressed the Board. Chair Pro-Tem Rennels said that this change to the Land Use Code makes much more sense for rafting companies.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the proposed amendments to the Larimer County Land Use Code.
Motion carried 2-0.
2. ADOPTION OF 2006 INTERNATIONAL CODES: This is a request for adoption of the 2006 International Residential Code, 2006 International Building Code, 2006 International Plumbing Code, 2006 International Mechanical Code, 2006 International Fuel Gas Code, 2006 International Energy Conservation Code, 2006 International Existing Building Code and proposed amendments, and repealing the currently adopted 2003 International Residential Code, 2003 International Building Code, 2003 International Plumbing Code, 2003 International Mechanical Code, 2003 International Fuel Gas Code, 2003 International Energy Conservation Code, 2003 International Existing Building Code and proposed amendments, all to be effective October 2, 2007.
Larimer County, for many years, has adopted the latest model building code starting with the Uniform Codes and in 2003 the International Building Codes when the three model building code groups (ICBO, SBCCI, and BOCA) merged into one organization called the International Code Council (ICC), producing the International Building Codes. The International Building Codes are updated every three years and Larimer County is committed to adopting the latest version. Staff is proposing the adoption of the 2006 International Building Codes to go into effect 90 days after the scheduled hearing date to give engineers and builders time to adjust to the new codes. It is anticipated that adjacent jurisdictions will also be adopting the 2006 International Building Codes in the near future.
Larimer County has had joint meetings with the City of Fort Collins on the 2006 Non-residential International Code and their Code Review committee made up of home builders, the Home Builder Association, architects, and engineers. In addition, Larimer County had a Review Committee going over the new 2006 International Residential Code. The proposed amendments from both of these Code Review Committees to the code are attached.
By adoption of the 2006 International Building Codes, the county will also be adopting a new high wind speed map proposed by the Structural Engineers of Colorado and the Colorado Chapter of International Code Council. It is intended that the Residential Design Limitation proposed by the Residential Code Review Committee will not cause a major change in the way homes are being built in the high wind areas. It would require foundation bolts to be 4 foot on center instead of 6, require additional bracing at garage narrow wall, and additional fasteners on roof covering.
Notice of the public hearing has been posted in local newspapers in Fort Collins, Loveland, and Estes Park, and an article was posted in the “Hot Topics” section of the county’s web site. Also, newsletters will be sent to contractors making them aware of the code changes. There was one written public comment received from these notices. The Board of Appeals reviewed the proposed amendments to the International Building Codes and voted to recommend approval.
From the June 6, 2007, joint work session with the Planning Commission and the Board of County Commissioners, the following options were developed regarding two code items:
R301.2.1.1 Building Geometry Limitation* *Pole barns using Larimer County’s Prescriptive design are limited to 600 square feet in high wind areas.
1. Leave footnote*
2. Delete footnote*
3. Amend footnote to read* *Pole barns in high wind areas shall use the Prescriptive Design for pole barns in High Wind Areas, dated June 20, 2007.
R907.3 Re-covering versus replacement. New roof covering shall not be installed without first removing existing covering where any of the following conditions occur: Item 4. For asphalt shingles, when the building is located in an area subject to moderate or severe hail exposure according to Figure R903.45.
Mr. Legg outlined the proposed changes to the International Codes. Mr. Garton explained that the recommendation from the Planning Commission was to change the eight foot center pole limit to six feet for pole barns because of high wind areas located within the county.
Mr. Griep described the difference between re-covering versus replacement of roof coverings. He said that he called local roofing companies in search of roof removal quotes. He said that most companies were hesitant to provide a quote because there are so many different variables when it comes to overall price. He said that the general price range for roof removal was between $139 and $900. Mr. Griep said that most roofers he talked to were in favor of deleting Item 4 from the code. Commissioner Gibson said that he would also like to see Item 4 removed.
At this time, Chair Pro-Tem Rennels opened the hearing for public comment. Ms. Jacobs said that the Home Builders Association of Northern Colorado is in support of the proposed changes brought forth by staff. She said that parts of Larimer County are subject to high winds, and therefore need framing concessions. She also explained that many homes built in high wind areas are custom homes that need to withstand many different types of weather conditions. Commissioner Gibson said that he is in favor of the amendments with the exclusion of Item 4.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the 2006 International Residential Code, 2006 International Building Codes, 2006 International Plumbing Code, 2006 International Mechanical Code, 2006 International Fuel Gas Code, 2006 International Energy Conservation Code, 2006 International Existing Building Code and proposed amendments to be effective October 2, 2007, including the new wind speed map, and amendments to Section R301.2.1.1 Building Geometry Limitation footnote to read *Pole barns in high wind areas shall use the Prescriptive Design for pole barns in high wind areas, dated June 20, 2007, and delete Item 4.
Motion carried 2-0.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners repeal the currently adopted 2003 International Residential Code, 2003 International Building Codes, 2003 International Plumbing Code, 2003 International Mechanical Code, 2003 International Fuel Gas Code, 2003 International Energy Conservation Code, 2003 International Existing Building Code and proposed amendments to be effective October 2, 2007.
Motion carried 2-0.
The meeting ended at 7:00 p.m.
TUESDAY, JULY 3, 2007
The Board of County Commissioners met at 9:30 a.m. with Neil Gluckman, Assistant County Manager. Chair Pro-Tem Rennels presided and Commissioner Gibson was present. Commissioner Wagner attended via phone. Also present were: Deni LaRue, and Donna Hart, Commissioners’ Office; Mark Peterson, Rusty McDaniel, and Kyle Arend, Engineering Department; Gary Buffington, Parks and Open Lands; Ernie Marx, Extension Office – Agricultural/Small Acreage Management; Brett Casey, 4-H and livestock programs; Mark Johnston, Interim Director of Colorado State University Cooperative Extension; Jeff Goodwin, State Director 4-H program; and Kristen Romary, Deputy Clerk.
1. PUBLIC COMMENT: There was no public comment today.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 25, 2007:
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of June 25, 2007.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 9, 2007: Ms. Hart reviewed the upcoming schedule with the Board.
4. CONSENT AGENDA:
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for July 3, 2007:
ABATEMENTS: As recommended by the County Assessor, the following Petitions for Abatement were approved: Helen Marie Gordon, and Derrell D. and Wyatt H. Fenn; Raser Builders Inc.; and Joe A. and Lucy A. Mestas.
07032007A001 AGREEMENT BY AND BETWEEN THE STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING, FOR THE USE AND BENEFIT OF THE STATE, AND LARIMER COUNTY HEALTH AND HUMAN SERVICES DIVISION
07032007A002 AGREEMENT BY AND BETWEEN THE STATE OF COLORADO THE DEPARTMENT OF LOCAL AFFAIRS FOR THE USE AND BENEFIT OF THE STATE AND LARIMER COUNTY
07032007A003 INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE COUNTY OF LARIMER AND THE GROVE METROPOLITAN DISTRICTS NUMBERS 1, 2 AND 3
07032007R001 RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS (WENDY WILLETT, JASON ST. AUBIN, DOUG RICE, AND CHARLES ROBLES)
07032007R002 RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS (SHAUN D. REINHART)
MISCELLANEOUS: Amended Plat of Residual Lot B of the Amended Plat of Residual Lots A and B, Martha’s Farm R.L.U.P. #00-S1622.
LIQUOR LICENSES: The following liquor licenses were approved and issued: Supermarket Liquors – Retail Liquor Store – Fort Collins; Horsetooth Liquor – Transfer of Ownership – Fort Collins. The following liquor licenses were approved: American Cancer Society (Clark) – Special Event 6% - Fort Collins; American Cancer Society (Gruver) – Special Event 6% - Fort Collins; and American Cancer Society (Barr) – Special Event 6% - Fort Collins.
Motion carried 3-0.
5. MODIFICATION OF AGREEMENT FOR THE CONSTRUCTION OF A HOTEL AT THE RANCH: Mr. Gluckman explained that on June 26, 2007, the Board expressed a willingness to approve a request by John Q. Hammons to modify the current agreement for the construction of a hotel/conference center at The Ranch. The modification would extend the deadline for breaking ground for the hotel from September 2007 to April 2008. In addition to the extension, Mr. Hammons will agree to provide an additional $50,000 to the $300,000 in “earnest money” previously agreed upon, and these funds will be returned to Mr. Hammons if the hotel proceeds on the modified schedule.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve a modification of the agreement with John Q. Hammons for the construction of a hotel at The Ranch, extending the deadline for commencing construction of the hotel until April 2008.
Motion carried 3-0.
07032007A004 AMENDED AND RESTATED HOTEL GROUNDS LEASE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND JOHN Q. HAMMONS REVOCABLE TRUST
6. UPDATE ON TAFT HILL AND VINE ROAD IMPROVEMENT PROJECT: Mr. Peterson said that there has been a fair amount of progress since last weeks update at the Taft Hill and Vine Road intersection. Mr. Arend said that two power poles have been removed from the critical area and there are currently no Xcel facilities in the way of construction. He said that if there are no lost work days due to weather, the project still has the potential to be completed on time.
7. PARKS ADVISORY BOARD RECOMMENDATIONS FOR 2008 PARK PERMIT FEE CHANGES: Mr. Buffington said that on June 26, 2007, the Parks Advisory Board approved a recommendation to the County Commissioners that park permit fee changes for 2008 be adopted as proposed. Fees for next year must be set now to allow sufficient time for ordering, printing and delivery of 2008 permit stock by November.
Proposed changes for 2008 include the following:
Mr. Buffington said that the combined changes will generate approximately $65,000 in additional revenue for the county. Commissioner Gibson asked why county park fees were similar in price to state park fees, when there are more state parks as opposed to county parks. Mr. Buffington said that county parks are at a higher value because people like to have recreational opportunities close to home and residents go more often to local parks as opposed to state parks. Mr. Buffington then explained that these fee adjustments are only a recommendation from the Parks Advisory Board and public hearings will take place before a final decision is met.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve the recommended fee changes for 2008 park permits.
Motion carried 3-0.
8. BOARDS AND COMMISSIONS APPOINTMENTS AND REAPPOINTMENTS: Chair Pro-Tem Rennels read the appointments as follows:
Board of Adjustment: Evelyn King, reappointed to a 3-year term beginning July 1, 2007, and ending June 30, 2010. Greg Christensen, and Matt Strauch, appointed to a 3-year term beginning July 1, 2007, and ending June 30, 2010.
Community Corrections Advisory Board: Laurie Barnhill, Roger Gunlikson, Susan Hangartner, Gerry Horak, Amanda Nagl, and Susan Tiona, reappointed to a 2-year term beginning July 1, 2007, and ending June 30, 2009.
Estes Valley Planning Commission: Betty Hull, and Joyce Kitchen, reappointed to a 4-year term beginning July 1, 2007, and ending June 30, 2011.
Larimer Integrated Family Enhancement Board: Larry Abrahamson, Paul Cooper, Jim Drendel, Randy Ratliff, and John Rattle, reappointed to a 3-year term beginning July 1, 2007, and ending June 30, 2010. Kristin Chatnani, and Jack Culotta, appointed to a 3-year term beginning July 1, 2007, and ending June 30, 2010.
Office on Aging Advisory Council: Barbara Nuss, and Mary Shultz, appointed to a 3-year term beginning July 1, 2007, and ending June 30, 2010. James Barlow, Betty Castleberry, Helen Davis, Manfred Diehl, and Matt Jackson, appointed to a 3-year term beginning July 1, 2007, and ending June 30, 2010.
Planning Commission: Roger Morgan, and Nancy Wallace, reappointed to a 3-year term beginning July 1, 2007, and ending June 30, 2010. Karen Weitkunat appointed to a 3-year term beginning July 1, 2007, and ending June 30, 2010.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the appointments and reappointments to Boards and Commissions as listed.
Motion carried 3-0.
9. CCI COLORADO STATE FAIR JUNIOR LIVESTOCK SALE FUNDRAISING PROJECT: Mr. Gluckman said that the CCI (Colorado Counties Inc.) fundraising project is asking each county for a contribution of $100 to support the purchase of animals from the Junior Livestock Sale at the State Fair. Chair Pro-Tem Rennels explained that the Junior Livestock Sale is important to 4-H and FFA (Future Farmers of America) members. She said that the project tries to make sure all participants are given the opportunity to sell their livestock at a fair price and challenges her fellow commissioners to raise money individually to donate to the project.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve contributing $100 from the Commissioners Special Project Fund to the CCI Colorado State Fair Junior Livestock Sale Fundraising Project.
Motion carried 3-0.
10. COOPERATIVE AGREEMENT FOR ANIMAL REGISTRATION BRIEFING: Mr. Casey outlined the premises of the National Animal Identification process. He said that this new form of animal identification will support animal health; especially for commingled livestock, will benefit public health, support the USDA, and improve the public good. He emphasized that the new registration procedure is not a contract and is not attached to covenants. The primary purpose of livestock registration is to increase the efficiency of response time for state and federal agencies if a disease outbreak occurs.
Mr. Johnston said that since 911, biosecurity has been a main concern for the United States. He said that the new animal registration procedures are to increase security and response time.
11. ASSISTANT COUNTY MANAGER WORKSESSION: There were no worksession items to discuss.
12. COMMISSIONER ACTIVITY REPORTS: The Board discussed their attendance at events during the past week.
13. LEGAL MATTERS: There were no legal matters to discuss.
The meeting ended at 10:40 a.m.
KATHAY RENNELS, CHAIR PRO-TEM
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Kristen L. Romary, Deputy Clerk