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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, March 23, 2009

 

LAND USE

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were: Traci Shambo, Engineering Department; Doug Ryan, Environmental Health Department; Larry Timm and Michael Whitley, Planning Department; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Rennels opened the hearing with the Pledge of Allegiance and asked for public comment on the County Budget or Land Use Code. No one from the audience addressed the Board regarding either of these topics.

 

1.         DONALDSON TDU EXEMPTION, FILE #06-S2618:  Mr. Lafferty requested item this item be removed from today’s agenda as the application is not yet ready to go before the Board. The Commissioners agreed and the item was removed.

 

Chair Rennels addressed the audience and explained that the following item was on today’s consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

2.         ALEMAN NON-CONFORMING USE, FILE #08-G0159:  This is a request to demolish an existing cabin built in 1911 and build a new seasonal cabin in another location on the 200-acre-property currently containing eight other cabins. The property was purchased by a group of individuals form the original Greeley Union Colony in the early 1900’s, and divided into 10 shares. The Aleman’s are relatives of some of the participants of this original purchase.

 

There are a total of nine cabins currently on the property, seven of which were built in the first half of the 20th century.  The two earliest cabins were built in 1911.

 

The existing cabin has deteriorated and is currently uninhabitable. Its current location is near an area with potential for rock fall hazards and near a wetland area. The proposed location is more stable and safe, further away from rockslides and natural wetlands. No new access from Highway 14 is needed for the new location because there is an existing access that can be used. 

 

The applicants are proposing a seasonal cabin with no running water. According to the Building Department, a seasonal/weekend cabin without running water can be permitted as long as the cabin is structurally sound, on a permanent foundation, and can meet the requirements of the building code. The structure will also need to comply with snow and wind load requirements of the building code. The Health Department has indicated that they will not require a well water source for a seasonal cabin building permit but they will require an appropriate sewer system tailored to the type of waste that would be generated.

 

Staff has found that this request does not constitute a change in character or use of the property.  Because an existing cabin is being demolished before the new cabin is built, density on this parcel will not increase. The proposed new location of the cabin is a much safer location than that of the existing cabin. No objections have been received from surrounding property owners or interested county, state, or federal agencies with the exception of one share holder who wants to purchase the original cabin from the Aleman’s. The replacement cabin would not subvert the purpose of the code and will have little to no impact on the surrounding area.

 

Staff recommends approval of the Aleman Expansion of a Nonconforming Use, file #09-G0159, subject to the following conditions:

 

1.         This approval is for the demolition of the existing Aleman cabin and for a new cabin to be built in a different location. Any future expansions or additions to the new cabin or any other cabin will require prior county approval.

 

2.         A permit to install a sewer system will need to be obtained from the Department of Larimer County Health and Environment at the time that a building permit is requested.

 

3.         Prior to issuance of a letter of completion or certificate of occupancy under a valid building permit for the new structure, a demolition permit needs to be obtained from the Larimer County Building Department for the old cabin to be removed, and an inspection conducted to confirm the old cabin is no longer on the property.

 

4.         The cabin is to be permitted and used as a seasonal cabin.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as presented for March 23, 2009.

 

Motion carried 3-0.

 

3.         ANIMAL CONTROL ORDINANCE AMENDMENTS 1ST READING:  This is a “first reading,” which authorizes the proposed ordinance amendments to be published in advance of the public hearing scheduled for 3:00 p.m. on April 20, 2009 at which time it can be adopted by the Board of County Commissioners.

 

The main purpose of animal ordinances is to keep people and animals cohabitating safely and to promote the humane treatment of animals. Some of the older ordinances need to be changed to reflect the growth of populations of people, as well as animals, and to promote safer keeping of animals in Larimer County.

 

The following changes are proposed:

 

1.         The definition of “at large” should include animals in an open bed of a pickup truck, since they can cause a hazard to cars, pedestrians, and themselves. Dogs allowed to remain unattended in the back of a truck can also be involved in bites, creating a safety hazard in parking lots.

 

2.         The definition of “shelter” for a pet animal needs to be better described so that animals are kept in an appropriate, adequate environment for their breed. The current ordinance does not clearly outline a description of a shelter.

 

3.         The “animal disturbance” ordinances do not currently incorporate the Pet Animal Care and Facilities Act (PACFA) standards and Larimer County Noise Ordinances.

 

Ms. Haag read the proposed ordinance and the Board followed with questions. Commissioner Johnson stated that the proposed amendments and additions were common sense and he does not believe the role of government is to impart common sense on the public. Commissioner Rennels asked why the proposed changes had not been brought before the Board at a worksession to allow for Commissioner input. Commissioner Johnson suggested the item be withdrawn and presented to the Board at a worksession so that the Board can make changes before it is presented for public reading.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners withdraw the Animal Control Ordinance Amendments 1st Reading.

 

Motion carried 3-0.

 

4.         LAFARGE TAFT HILL BATCH PLANT AMENDED SPECIAL REVIEW, FILE #08-Z1709:  This is a request to amend an approved Special Review to change the locations of an asphalt plant and a concrete plant and to request an appeal to Section 4.1.1.B.3 of the Land Use Code (to exceed the maximum structure height of 40-feet) for a 35.3-acre parcel located east of Taft Hill Road and just south of the Poudre River. 

 

The subject property is zoned FA-Farming and is a former gravel mine currently used by Lafarge for offices, storage, and vehicle/equipment maintenance. 

 

The Board of County Commissioners granted Special Review approval to operate an asphalt plant and a concrete ready mix plant on this property on July 22, 1985. Batch plants were established on the property but the last batch plant was removed from the property within the last 10 years.

 

The approved site plan associated with the 1985 Special Review indicated the asphalt and concrete plants would be located 900-feet north of the Poudre bike trail (now known as the Poudre River Trail) and 800-feet east of Taft Hill Road. In 2008, when Lafarge inquired about reestablishing asphalt and concrete batch plants at those same locations, Larimer County staff discovered that the approved location of the plants were in the Poudre River floodway. The applicant proposes to locate the batch plants on the portion of the site that is not in the Poudre River floodway or 100-year floodplain. The proposed location is approximately 175-feet east of the  centerline of Taft Hill Road and approximately 290-feet north of the Poudre River Trail. 

 

The applicants have also requested an appeal to Section 4.1.1.B.3 of the Land Use Code which limits structure height to a maximum of 40-feet in height in the FA zoning district. Three 12-foot-diameter silos, associated with the asphalt plant, and two 12-foot-diameter silos, associated with the concrete plant, are proposed to be 85-feet tall. The function of the asphalt silo is to increase storage capacity but also to absorb and recycle emissions created during the asphalt production process. The functions of the concrete plant silos are to store raw materials prior to mixing into concrete. 

 

The applicant states that increasing storage capacity would allow for fewer total days of asphalt production. The applicant also states that the increased storage capacity at both plants would decrease the number of trips to and from the property and would decrease noise associated with those trips.

 

The Findings and Resolution for the 1985 Special Review does not mention vehicle trip limitations but the narrative associated with that Special Review states that during periods of maximum production, the applicant anticipated six tanker trucks of asphalt arriving and 90 tandem axel dump trucks departing during each day of operation of the asphalt plant and one transport load of Portland cement each day of operation.

 

In 1988, the Board of County Commissioners approved the Sterling 1987 Amendment, which consolidated all of the previously approved mining operations in the Taft Hill vicinity into one Special Review.

 

Lafarge currently has four approved mining operations (Home Office, Overland Ponds, Seaworth, and the Taft Expansion) in the Taft Hill area. Extracted resources are currently trucked to the Rigden Farm batch plants in the vicinity of Horsetooth Road and Ziegler Road. If the batch plants are reestablished on the property, extracted resources from those locations would be processed at the Taft Hill plants and would no longer be trucked to the Rigden Farm plants. 

 

The 1985 Special Review approval does not limit the hours of operation of the batch plants.  Lafarge proposes to limit the hours of operation to one hour before sunrise and one hour after sunset with weekend hours and hours outside of the proposed times only on an emergency basis.  The county shall be notified of proposed operation outside of the standard hours.

 

All other conditions placed on the 1985 Special Review are still applicable unless expressly amended or deleted by the Board of County Commissioners. This includes the condition that all stationary equipment be an earth tone color.

 

A representative from the Saddleback subdivision Homeowners Association has expressed concern about the proposed amended Special Review and Land Use Code appeal. Staff has also received an email supporting the proposal. 

 

In their review of this request, staff found:

 

1.         The proposed use is compatible with existing and allowed uses in the surrounding area and in harmony with the neighborhood. 

 

2.         The proposed use is within the Fort Collins Growth Management Area and consistent with the County Master Plan.

 

3.         There are no known or evident conflicts with the requirements of the Land Use Code.

 

4.         The proposed use is not anticipated to have substantial adverse impacts on property in the vicinity.

 

5.         The recommendations of referral agencies have been considered.

 

6.         Approval of the appeal will not subvert the purpose of the requirement of the code. 

 

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

 

8.         Approval of the appeal is the minimum action necessary. 

 

9.         Approval of the appeal will not result in increased costs to the general public.

 

10.       Approval of the appeal is consistent with the intent and purpose of the Land Use Code.

 

Staff recommends approval of the Lafarge Taft Batch Plant Amended Special Review, file #08-Z1709, subject to the following condition(s):

 

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 Lafarge Taft Batch Plant Amended Special Review, file #08-Z1709, 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 Lafarge Taft Batch Plant Amended Special Review .

 

3.         Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners. 

 

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

 

5.         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, 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 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 the county must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees.

 

5.         The county may conduct periodic inspections of the property and reviews of the status 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.         No parking, loading, or unloading of any vehicles is allowed in the county right-of-way.

 

8.         Trucks shall not back onto or use the County Road for a turnaround.

 

9.         Larimer County will not issue overweight permits for trucks, and reserves the right to spot check weight on loaded trucks.

 

10.       The applicant is responsible for prompt and complete removal of material spilled onto the county roadway.

 

11.       Hours of operation shall be limited to one hour before sunrise and one hour after sunset with weekend hours and hours outside of the proposed times only on an emergency basis. The county will be notified of operation outside of the standard hours.

 

12.       The landscaping indicated on the site plan shall be installed prior to commencement of the operation.

 

13.       All other conditions placed on the 1985 Special Review remain applicable unless expressly amended or deleted by the Board of County Commissioners.

 

Ann Best Johnson addressed the Board on behalf of the applicant, and answered questions from the Commissioners. The Board questioned Ms. Best Johnson at length about the design and height of the silos proposed to be constructed on the property.

 

Chair Rennels opened the hearing for public comment and Craig Cisco, partial owner of KOA Campgrounds, addressed the Board and stated he felt the hours of operation were too flexible.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Lafarge Taft Hill Batch Plant Amended Special Review, file #08-Z1709.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 4:30 p.m.

 

 

TUESDAY, MARCH 24, 2009

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were:  Donna Hart and Deni LaRue, Commissioners’ Office; Ed Schemm, Environmental Health; Kyle Arend and Rusty McDaniel, Engineering Department; Laurel Kubin, Extension Office; Lorenda Volkner, Department of Human Resources; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Tom Bender addressed the Board to encourage them against taking stimulus monies that will become available to the county. Mr. Bender stated that since the Commissioners signed a resolution against the distribution of the stimulus money, they should not accept any when it is offered.

 

Dolores Williams also addressed the Board to encourage them to accept the stimulus monies to be offered by the federal government. Ms. Williams stated the money will be necessary to the county and county sponsored programs as the economy worsens.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 16, 2009:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of March 16, 2009, as presented.

 

Motion carried 2-0.  (Commissioner Rennels abstained.)

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 30, 2009:  Ms. Hart reviewed the upcoming schedule with the Board. 

 

4.  CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the following documents, as listed on the Consent Agenda for March 24, 2009:

 

03242009A001           AGREEMENT DEFINING USE OF ACCESS EASEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JANIS E LISTOWSKI

 

03242009A002           AGREEMENT REGARDING THE TERMINATION OF AN EASEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JANIS E LISTOWSKI

 

03242009A003           EASEMENT AGREEMENT FOR WATER UTILITIES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JANIS E LISTOWSKI

 

MISCELLANEOUS: County Owned Vehicles Policy – Smoking is Prohibited in All County Vehicles; Appointment of Linda Gabel to the Poudre River Public Library Board of Trustees, March 2009 to March 2011 (to complete the unexpired term of R. Viscount, 2 years remaining).

 

LIQUOR LICENSES:           The following licenses were approved and/or issued:  Sandy’s Convenience Store – 3.2% – Fort Collins; Sylvan Dale Ranch – Hotel and Restaurant with Optional Premise – Loveland.

 

Motion carried 3-0.

 

5.         ENERGY AND MINERAL IMPACT ASSISTANCE GRANT APPLICATION TO DEPARTMENT OF LOCAL AFFAIRS:  Mr. Schemm, Mr. Arend, and Mr. McDaniel presented two grant applications and requested the Board rank the priority of the applications, as is required when more than one grant application of this nature are submitted. The priority rankings are considered by DOLA when evaluating the applications. 

 

Mr. Schemm presented an application for a $30,000 grant to be utilized for the Hidden View Estates Wastewater Treatment Project. Mr. Arend presented an application for $950,000 for the Larimer County Road 1 Paving Project (from US 34 north to Crossroads Boulevard). 

 

The Board felt that both applications were necessary and worthy of obtaining the money requested. However, because the Larimer County Road 1 Paving Project is a joint venture between Larimer County and Weld County, the Board felt it would ultimately be better received by the Department of Local Affairs (DOLA). Therefore, the Board voted to rank the Hidden View Estates Wastewater Treatment Project as their first priority to identify its importance.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners rank the Hidden View Estates Wastewater Treatment Project DOLA Grant Application as Priority #1 and the Larimer County Road 1 Paving Project DOLA Grant Application as Priority #2.

 

Motion carried 3-0.               

 

6.         STRATEGIC WORKFORCE PLANNING RELATED TO RECESSIONARY IMPACTS:  Ms. Volkner addressed the Board and explained that due to the state of the economy and anticipated cut to budgets in the upcoming years, she would like the county to utilize the workforce currently in place when positions become available. Ms Volkner stated that it would be much more efficient for the county to move employees between departments as needed instead of terminating employees in one department only to hire new employees in another.

 

She also proposed that department managers may also be able to cope with shrinking budgets by dispersing workloads among existing employees instead of filling vacant positions.

 

The Commissioners thought this was a very good idea and gave their approval.

 

7.         COUNTY MANAGER WORKSESSION:  Ms. LaRue announced that the spring campaign to fill vacancies on boards and commissions within the county has begun. Individuals who are interested in applying to serve on a board or commission can find more information in the Larimer County website.

 

 Mr. Lancaster announced that the Board still needed to appoint a member to be the commissioner liaison to the Wellness Committee. Commissioner Johnson volunteered and the Board accepted.    

 

On behalf of Linda Hoffman, Mr. Lancaster announced that the appointments for the Horse Business Facilities Regulations Study Working Group were ready to be approved by the Commissioners. Those appointments are as follows:

 

1.         Amy Allen – representing Large Stable Owners

2.         Joe Andrews – representing Larimer County Horseman’s Association

3.         Suzanne Bassinger – representing Equine Professionals 

4.         Wendy Chase – representing Equine Professionals

5.         Jill Cook DVM – representing 4-H

6.         Sonja Craighead – representing Large Stable Owners

7.         Kathy Doesken – representing Equine Professionals

8.         Barry Feldman – representing Small Stable Owners

9.         Dennis Goeltl – representing Small Stable Owners                                            

10.       LuAnn Goodyear – representing Small Stable Owners

11.       Pat Hall– representing Farriers

12.       Mary Hattendorf – representing Horse Boarders

13.       Renea Hupp– representing Realtors

14.       Kathleen Kilkelly – representing Horse Business Neighbors

15.       Polly Lauridsen – representing Horse Business Neighbors

16.       Todd Mowrer – representing Horse Business Neighbors

17.       Chuck Peterson – representing CSU/Ranch Sorting National Championships

18.       William Scebbi – representing Colorado Horse Council

19.       Trisha Swift – representing Equine Professionals

20.       Andrea Throckmorton  – representing Large Stable Owners

21.       Appointment Pending    for Northern Colorado Dressage Association Representative

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Horse Business Facilities Regulations Study Working Group appointments as listed above.

 

Motion carried 3-0.

 

Ms. Kubin addressed the Board at the request of Chair Rennels to discuss a proposal received from the Weld County Board of Commissioners to combine Weld and Larimer Counties’ Master Gardener Programs. Ms. Kubin stated that Weld County has offered to assist with resources if Larimer County would take on the task of managing both counties’ Master Gardeners.

 

Ms. Kubin stated that the Larimer County Extension Office has its hands full managing the county’s own Master Gardeners and, in her opinion, it is not plausible to take on another county’s Master Gardeners. 

 

Commissioner Rennels suggested that Ms. Kubin design and present an overview of Larimer County’s Master Gardener Program to the Weld County Board of Commissioners. She hoped that this would illustrate why Larimer County is unable to assume the workload of managing Weld County’s Master Gardeners. Commissioner Rennels also encouraged her fellow Commissioners to attend the presentation.

 

There being no further business, the meeting adjourned at 11:00 a.m.

 

 

 

 

 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.