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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

TUESDAY, FEBRUARY 19, 2008

 

ADMINISTRATIVE MATTERS

(#174)

 

The Board of County  Commissioners met at 9:00 a.m. with County Manager Frank Lancaster.  Chair Gibson presided and Commissioner Rennels was present.  Also present were:  Donna Hart, and Neil Gluckman, Commissioners’ Office; Charlie Johnson, Engineering Department; Chad Gray, Planning; Andy Paratore, Facilities and Information Technology Division; George Hass, County Attorney;  and Angela Myers, Deputy Clerk.

 

1.  PUBLIC COMMENT:   Nancy Popenhagen and Joyce Tarvin addressed the Board with questions regarding Rainbow Lane situation.  Specifically they asked about the next steps in the process of handling this matter.  Discussion ensued, and it was explained by Frank Lancaster and the Board that property owners in the area are informed via email by Charlie Johnson when information is available or meetings are scheduled on this topic.  It was explained that the information Mr. Johnson provides to the property owners is the same information provided to the Board, with respect to meetings scheduled, etc.; and that they, as homeowners, should await notification of any such meetings via email from Mr. Johnson.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 4, 2008:

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of February 4, 2008.

 

Motion carried 2-0.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK OF FEBRUARY 19, 2008:  Ms. Hart reviewed the upcoming schedule with the Board.

 

 

 

 

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 February 19, 2008:

 

ABATEMENT:  Shepardson, John A. Jr., Deborah L; Parcel #R1643309, R1631761.

 

02192008A001           DEPARTMENT OF PUBLIC WORKS CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY AND WEINLAND CONSTRUCTION, INC.

 

02192008A002           CONTRACT AMENDMENT #1 TO THE ORIGINAL CONTRACT, 07 IHA 00575, BY AND BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HUMAN SERVICES, COLORADO WORKS, PRF GRANT, AND LARIMER COUNTY, COLORADO

 

02192008R001           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF THE WATTS EXEMPTION

 

02192008R002           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOTS 15 AND 16 PARK MEADOWS WEST SUBDIVISION AND VACATION AND RELOCATION OF UTILITY AND IRRIGATION EASEMENT

 

02192008R003           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 5 AND 7 OF THE PARTIAL REPLAT OF TRACT 6 OF THE BIG ELK MEADOWS SUBDIVISION

 

MISCELLANEOUS:  Letter of Support for Hermit Park Open Space Redevelopment Phase I Project; Department of Human Services Payments for December 2007.

 

LIQUOR LICENSES:  JJ’s Liquor LLC dba JJ’s Liquor, Fort Collins – Retail Liquor Store

 

Motion carried 2-0.

 

5.  LEGAL MATTERS:  (Affidavits Provided - 2)

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402-(4)(b) C. R. S.

 

Motion carried 2-0.

 

Commissioner Rennels explained that the Executive Session would be for two separate items, both of which were for the purpose of receiving legal advice.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402-(4)(b) C. R. S.

 

Motion carried 2-0.

 

Executive Session ended and the general session reconvened at approximately 10:15a.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners move forward with legal action pursuant to Zoning Violation #07-CC0315.

 

Motion carried 2-0.

 

6.  RENOVATIONS TO JUSTICE CENTER TO HANDLE ADDITIONAL JUDGES AND DISTRICT ATTORNEY STAFF:  Andy Paratore addressed the Board and explained that this request is a follow-up to previous meetings during which the Board had authorized continued work on this project, with costs anticipated in the range of $2.5 to $3 million.  He further explained that the project is now to the point where those costs can be more specifically defined and are anticipated to be in the $2.25 to $2.5 million range.  Mr. Paratore provided a brief outline of the project, stating that the renovations would be for new judges who are anticipated to arrive in July of this year, and do not include any renovations to accommodate new staff from the District Attorney’s office.  He stated that, if the Board should approve additional staff for the District Attorney’s office in the future, cost of renovations to accommodate them will be addressed at that time.  Replacement of all air conditioning units on the building is part of this request and will require that the building be shut down for a four-day interval during replacement.  Due to that time requirement, replacement of the HVAC units is planned for the Memorial Day or July 4th weekend, which will cause the least disruption to operations within the Justice Center, requiring only one additional day of closure.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the use of Courthouse Sales Tax reserves for the renovation of the 201 LaPorte Justice Center for up to $2,500,000.

 

Motion carried 2-0.

 

The meeting recessed at 10:25 a.m.

 

LAND USE HEARING

(#175)

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Gibson presided and Commissioner Rennels was present.  Also present were:  Doug Ryan, Environmental Health Planner; Matthew Johnson and Ed Woodward, Engineering; William Ressue, County Attorney’s Office; and Angela Myers, Deputy Clerk.

 

Chair Gibson opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and Land Use Code. 

 

Dennis Lynch approached the Board and provided in written for, while outlining verbally, suggested changes he would like to proposed be made to the County Land Use Code with respect to crematoriums, their definition, zoning requirements, and their classification as non-accessory use facilities.  At Commissioner Rennel’s request, Matthew Johnson explained the process by which changes to the Land Use Code are considered by staff and the Board and assured Mr. Lynch that staff would be contacting him for discussion of this request.

 

TICO’S ROOFING ZONING AND BUILDING VIOLATION, FILE #06-CC0427:  Chair Gibson stated that, as noted, this item is being removed from the agenda and, therefore, would not be discussed.  Mr. Lafferty stated that removal of this item from the agenda is at the request of the applicant, and noted that a Special Exception is being pursued by the applicant in this matter.

 

Chair Gibson explained that the following item is on consent and would not be discussed unless requested by the Board, staff or members of the audience. 

 

1.         MARY’S LAKE ROAD BRIDGE FLOOD PLAIN SPECIAL REVIEW: This request is to approve the Floodplain Special Review based on the Flood Review Board’s recommendation of approval. 

 

The Larimer County Engineering Department wants to replace a bridge on the Mary’s Lake Road over the Big Thompson River in Estes Park.  The Land Use Code requires a recommendation from the Flood Review Board with a final approval from the Board of County Commissioners through a Floodplain Special Review.  Neither staff nor the Flood Review Board expressed any concerns regarding this request.

 

The Flood Review Board met on Thursday, October 25, 2007; reviewed the hydraulic modeling report dated October 1, 2007; and found the hydraulic analysis to be acceptable.  However, they noted numerous errors on the report that needed more clarification and justification.  A motion was approved for a favorable recommendation to the Board of County Commissioners for approval of the Floodplain Special Review with four conditions.  Those conditions were met in a revised hydraulic modeling report dated January 17, 2008, reviewed and approved by staff.

 

Staff finds that all review criteria in Section 4.2.2.G.2 of the Land Use Code have been met and recommends that the Board of County Commissioners approve the Floodplain Special Review for the bridge replacement project.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the consent agenda as noted above.

 

Motion carried 2-0.

 

2.         JAX FARM AND RANCH SPECIAL REVIEW, FILE #05-Z1555:  Matt Johnson addressed the Board and explained that this request is for Special Review for a 13,665 square foot addition to the existing 27,158 square foot JAX Farm and Ranch building.  This Special Review application is to determine compliance with the Large Retail Establishment requirements found in Section 8.18 of the Larimer County Land Use Code.

 

He further explained that, on December 19, 2007, the Development Services Team presented the JAX Farm and Ranch Special Review application to the Planning Commission as a consent agenda item.  However, at the hearing a neighboring property owner requested discussion of the item, and the item was removed for full discussion; during which it was revealed that the neighboring property owner was concerned about drainage associated with the expansion and noise from the current facilities. The applicants’ representative at the meeting stated that drainage from the site was not planned to affect the adjacent property.  The representative further explained that, if that changed, discussions for easements would be conducted with the neighboring property owner.  With regard to the noise issue, the applicant’s representative was unable to respond to the issue; because he was unaware of the use of a speaker system at the site, and stated that he would discuss this concern with the owner before the Board of County Commissioner hearing.

 

As a result of the discussion the Planning Commission made a recommendation to approve the application subject to the Development Services Team recommendation and conditions as well as the following condition:  Prior to the item being presented to the Board of County Commissioners, the applicant shall address the noise issues and the hours of operation with respect to the speaker system on the site to the satisfaction of the Board of County Commissioners. 

 

Mr. Johnson explained during the meeting that the applicant and the resident have come to agreement with respect to the noise concerns.  The applicant has agreed to remove the speaker system, and instead utilize radios; thereby alleviating the noise issue concerning the neighbor.  With respect to this issue, and to ensure resolution, the Development Services Team believes that the following condition should be incorporated in to the overall conditions of approval:  “Noise associated with the communication devices associated with the daily operation of the facility shall comply with the Larimer County Noise Ordinance.  Furthermore, should it be determined that communication devices used for the normal business operations of the property violate the noise ordinance then such devices shall be removed and an alternate system for communication shall be implemented.”

 

Mr. Johnson outlined for the Board several enhancements that have been made to the plan, in order to comply with retail space requirement of the code.  These enhancements include a coffee shop at the front of the building (at the intended juncture of the existing building and the new addition), which will include exterior seating; and architectural enhancements to the building exterior.

 

The Development Services Team recommends that the Board of County Commissioners approve the JAX Farm and Ranch Special Review, as recommended by the Planning Commission, with the noted conditions and the new Condition 10, as follows:   

 

1.   This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

2.   The Site shall be developed consistent with the approved plan and with the information contained in the JAX Farm and Ranch Special Review (File #07-Z1555), 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 JAX Farm and Ranch Special Review.

 

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

 

4.   In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review, applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.

 

5.   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.

 

6.   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.

 

7.   The applicant shall resolve all remaining issues or concerns as part of the Site Plan Review application being processed simultaneously with this application.

 

8.   Prior to the approval of the Site Plan Review application the applicant shall provide documentation that the right-of-way necessary for the future improvements to Highway 287 has been dedicated to the Colorado Department of Transportation.

 

9.   Prior to approval of the Site Plan Review application the applicant shall provide documentation that all necessary agreements and easements for the stormwater detention facilities have been finalized, and recorded.

 

10.  Noise associated with the communication devices associated with the daily operation of the facility shall comply with the Larimer Noise Ordinance.  Furthermore, should it be determined that communication devices used for the normal business operations of the property violate the noise ordinance then such devices shall be removed and an alternate system for communication shall be implemented.

 

Stuart Hutchison of Stuart Hutchison Architects, approached the Board on behalf of the applicant.  Mr. Hutchison stated that he had little to add, other than to provide a color drawing of how the site will look, once the addition has been completed.  He stated that the applicant was not aware of the noise problems brought forth by the neighbor, and was happy to have the opportunity to remedy this situation.  He further stated that the drainage concern that the neighbor had has also been dealt with to the satisfaction of all involved.

 

Commissioner Rennels asked Mr. Johnson about setbacks on 287 in this area for future widening of the road.  Mr. Johnson stated that the setbacks have been dealt with by way of dedicating the required area to CDOT through use of a warranty deed.  Brief discussion ensued regarding the planned route for drainage from the property.

 

Chair Gibson opened the meeting to public comment; seeing none, public comment was closed.

Each commissioner expressed full support for this project.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the JAX Farm and Ranch Special Review application, File #05-Z1555, as recommended by the Planning Commission with the amendment to Condition 10 and as recommended by the Development Services Team.

 

Motion carried 2-0.

 

The meeting adjourned at 3:15 p.m.

 

__________________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

­­­______________________________________

Angela Myers, Deputy Clerk

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