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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 11/23/09  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, November 23, 2009

 

land use hearing

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Rennels presided and Commissioner Donnelly was present. Also present were: Jeff Goodell and Traci Shambo, Engineering Department; Toby Stauffer 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 and Land Use Code. No one from the audience addressed the Board regarding these topics.

 

Mr. Lafferty noted that item #1, “Gurtler Lien Assessment,” was withdrawn from today’s agenda as the disputed fees have been resolved.

 

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

 

2.         GREEN MINOR SPECIAL REVIEW, FILE #09-Z1759:   This is a request for approval of a Minor Special Review to allow a Home Occupation to occupy 1,200-square-feet within a detached building. The subject property is a 7.96-acre parcel situated on the north side of County Road 20 approximately 700-feet west of County Road 23H. 

 

The property is zoned FA-1 (Farming) and has an existing residence constructed in 2002. In May, 2009, the owners received a building permit to construct a 2,532-square-foot detached garage. The surrounding properties consist of developed single-family homes, undeveloped residential lots, and a non-conforming junk yard. 

 

The property owners operate a photography studio in a commercial building in downtown Loveland, which they would like to move to the subject property and operate as a Home Occupation.

 

Home Occupations require Minor Special Review approval if they are located in detached accessory buildings that received a building permit after June 19, 2006, if they occupy more than 800-square-feet (not to exceed 1,200-square-feet), and/or if they generate more than six vehicle trips per day (not to exceed 10-vehicle-trips-per-day). The proposed Home Occupation would occupy 1,200-square-feet within the detached accessory building that is currently under construction. The property owners are also seeking permission to generate up to 10-vehicle-trips-per-day.

 

The proposed Home Occupation would comply with all other applicable Home Occupation standards found in Section 4.3.10.B of the Land Use Code. 

 

The photography studio uses digital technology and no film developing chemicals would be stored on the property. The studio would take portrait photographs, process images, frame prints, and provide event photography services. Most of the photography would occur off-site and an off-site professional lab would be used to print photographs. Client visits to the property would be on an appointment basis only. 

 

The Home Occupation standards allow one full-time equivalent employee; however, the property owner anticipates having one part-time/seasonal employee.

 

No neighbors attended the neighborhood meeting and no neighboring property owners have contacted county staff regarding the proposed Minor Special Review.

 

Staff believes that the Green Minor Special Review application meets the Minor Special Review criteria and meets the requirements for a Home Occupation in a detached accessory building. As proposed, the use will not adversely affect adjacent properties.

 

Staff recommends approval of the Green Minor Special Review, file #09-Z1759, subject to the following conditions:

 

1.         The site shall be developed consistent with the approved plan and with the information contained in the Green Minor Special Review, file #09-Z1759, 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 Green 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 otherwise 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, the 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.         The owner is responsible for obtaining all required building permits for the detached garage. All applicable fees, including permit fees, shall apply to this use. 

 

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

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as published above.

 

Motion carried 2-0.

           

3.         ALVEY/HAHN AMENDED EXEMPTION TRACT 1 AMENDED PLAT, FILE #09-S2913:   This is a request to amend the plat of the Amended Alvey/Hahn Exemption to vacate an existing 30-foot-wide access easement and dedicate a new 30-foot-wide access/utility easement across Tract 1. The easement provides access to three other properties, those owners have been notified of the amended plat and the applicant indicates that the owners have given verbal approval of the change.

 

The proposed amendment to the Alvey/Hahn Exemption will not adversely affect any neighboring properties or any county agency. The Amended Plat will not result in any additional lots. Staff finds that the request meets the requirements of the Larimer County Land Use Code, and therefore, recommends approval of the Alvey/Hahn Amended Exemption Tract 1 Amended Plat, file # 09-S2913, subject to the following conditions (and authorization for the chairperson to sign the plat when the conditions are met and the plat is presented for signature):

 

1.         The final plat shall be recorded by May 23, 2010, or this approval shall be null and void.

 

2.         Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

 

3.         Within 30-days of this approval, the applicant shall submit materials for an Administrative Variance Request to the Engineering Department to demonstrate the feasibility of an access easement less than 40-feet wide, in this location. Upon approval of the variance, the applicant may show an easement less than 40-feet, as approved by the Engineering Department. If the request is denied by the Engineering Department, the applicant shall amend the easement to be 40-feet. The applicant must also submit a revised plat to show the proposed access easement.

 

4.         Prior to the recordation of the final plat, the applicant shall apply for a Private Road Construction Permit from the Engineering Department.

 

Chair Rennels opened the hearing to public comment.

 

Loni Sheldon, from VanHorn Engineering, explained to the Board that he and the applicant believe an adequate road could be established via a 25-foot easement.

 

Jerry Moore, resident of an adjoining subdivision, addressed the Board and requested clarification on the location of the subject property.

 

Chair Rennels closed public comment and after some discussion between the Board and staff, condition #3, was amended (changes are reflected above). Chair Rennels stated she was not comfortable approving an easement less than 40-feet without complete review and approval from the Engineering Department; therefore, she was would only approve the request with the conditions listed above.  

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Alvey/Hahn Amended Exemption Tract 1 Amended Plat, file #09-S2913, as amended above.

 

Motion carried 2-0.

 

4.         AUDREYS ACRES MINOR RESIDENTIAL DEVELOPMENT, LOT 2 AMENDED PLAT AND KRETCHMER BOUNDARY LINE ADJUSTMENT, FILE #09-S2916:   This is a request to amend the plat of Audrey’s Acres Minor Residential Development (MRD) to change the property line of two adjacent lots, one of which is a metes and bounds property. The property line will move to the north, creating a larger setback for the house and better access to a pasture on the southern parcel.

 

The proposed plat amendment to Audrey’s Acres MRD and the Kretchmer Boundary Line Adjustment will not adversely affect any neighboring properties or any county agency. The Amended Plat will not result in any additional lots.

 

Staff recommends approval of the Amended Plat of Lot 2, Audrey’s Acres MRD, and the Kretchmer Boundary Line Adjustment, file #09-S2916, subject to the following conditions (and authorization for the chairperson to sign the plat when the conditions are met and the plat is presented for signature):

 

1.         The final plat shall be recorded by May 23, 2010, or this approval shall be null and void.

 

2.         Prior to the recordation of the final plat, the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

3.         The applicant shall add the “BOUNDARY LINE ADJUSTMENT AGREEMENT” language and signatures to the final plat prior to recordation.

 

4.         The plat shows a 10-foot utility easement on Lot 2, from the Audrey’s Acres MRD. This easement should be extended to the new property line or removed from the final plat.

 

5.         The reconfiguration of the lot lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded. 

 

Chair Rennels opened the hearing to public comment and Ron Persichitte addressed the Board on behalf of the applicant. Mr. Persichitte requested the MRD be approved without condition #4, as the power line within the easement terminates at its current location. Lot #1 receives power from Bingham Lane, not from the power line located on Lot #2.

 

Chair Rennels stated that she was not comfortable approving the MRD without condition #4, as the power company was not present to comment.

 

Commissioner Donnelly asked if there were any ramifications of approving the MRD with condition #4 and Mr. Persichitte stated there were not.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Amended Plat of Lot 2, Audrey’s Acres MRD, and the Kretchmer Boundary Line Adjustment, file #09-S2916, as published above.

 

Motion carried 2-0.

 

There being no further business, the hearing recessed at 3:30 p.m.

 

 

PUBLIC HEARING ON PROPOSED PARKS FEES INCREASE

 

The Board of County Commissioners reconvened at 6:30 p.m. with Gary Buffington, Director, Department of Natural Resources. Chair Pro-Tem Johnson presided and Commissioner Donnelly was present. Also present was:  Melissa Lohry, Deputy Clerk.

 

Chair Pro-Tem Johnson opened the hearing and asked for public comment on the County Budget and Land Use Code. No one from the audience addressed the Board regarding these topics.

 

Mr. Buffington addressed the Board and explained that because Larimer County Parks are self-funded, a fee increase is absolutely necessary to ensure quality and maintenance are continued. With an increase necessary, staff and the Parks Advisory Board decided to increase three of the thirty fees collected by the county. He stated that the fees were last updated in 2008 and the proposed $5.00 increase for full hookup, electrical, and boat-in campsites is in keeping with increases scheduled for state parks in 2010.

 

Chair Pro-Tem Johnson opened the hearing to public comment.

 

Bob Grant addressed the Board and proposed the county offer more incentives to seniors who utilize the parks throughout the week, when the parks are typically less crowded, by implementing discounted pricing for seniors on those days. He also suggested the county offer discounts to seniors who purchase more than one parks pass for their vehicle, similar to discounts offered by the state.

 

Bob Gardner addressed the Board and stated that many children today suffer from a lack of outdoor experiences and for families who are barely able to afford access to county parks, an increase of fees would make access impossible.

 

David Coleson, Chair of the Parks Advisory Board, stated that the Board did not want to increase fees and limit access to county parks; however, Mr. Coleson also stated that the Parks Advisory Board was in favor of implementing lower fees but ultimately settled on the $5.00 increase so that further increases would not be necessary in the upcoming years.

 

Commission Donnelly voiced his support for the proposed fee increases and commended staff and the Parks Advisory Board for their work.

 

Chair Pro-Tem Johnson also voiced his support and explained that the increased fees would increase the quality of the county parks experience for all citizens.

 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the proposed recommended campground fee increases for full hookup, electrical, and boat-in campsites in 2010.

 

Motion carried 2-0.

 

There being no further business, the hearing adjourned at 7:00 p.m.

 

 

TUESDAY, NOVEMBER 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:  Deni LaRue and Donna Tokarz, Commissioners’ Office; Michael Kirk, Facilities and Information Technology Department; Ginny Riley, Human Services Department; Marc Engemoen, Department of Public Works; Major Justin Smith, Sheriff’s Office; George Haas and Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  There was no public comment.

 

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

 

M O T I O N

 

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

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 7, 2009:  The Board reviewed their schedules for the upcoming week.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda for Tuesday, November 24, 2009.

 

ABATEMENTS:   As proposed by the County Assessor, the following Petitions for Abatement were presented for approval:  Progressive Old Town Square, LLC.

 

11242009A001           AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE LARIMER COUNTY CLERK AND RECORDER AND THE TOWN OF ESTES PARK

 

11242009A002           EXPENDITURE AUTHORIZATION FOR INCORPORATION INTO THE WORKFORCE DEVELOPMENT PROGRAMS GRANT AGREEMENT, PROGRAM YEAR 2009 TANF HIRE COLORADO, BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF LABOR & EMPLOYMENT

 

11242009A003           AMENDMENT TO ORIGINAL CONTRACT CMS #00462, ENCUMBRANCE #H9CDB08053G, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO, DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING

 

11242009A004           AMENDMENT #1 TO ORIGINAL CONTRACT CMS #00956, ENCUMBRANCE #H9CDB08066G, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO, DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING

 

11242009A005           AMENDMENT #5 TO ORIGINAL CONTRACT CMS #00104, ENCUMBRANCE #H9CDB07044G, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO, DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING

 

11242009A006           DEPARTMENT OF PUBLIC WORKS CONTRACT FOR PROJECT #5016, HORSETOOTH RESERVOIR 2009 SOUTH BAY SWIM BEACH CONSTRUCTION, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DIRT ONE EXCAVATING INC

 

11242009A007           (REPLACES 10062009A006) DITCH EASEMENT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE TOWN OF WINDSOR, HIGHLAND FARMS ASSOCIATION, WILLIAM MILLER, LINDA MILLER, JUDITH BOYLE, DAN STINCHCOMB, JIM GREER, JOANNE GREER, DICK KELLER, AND KATHY KELLER

 

11242009D001           DEED OF DEDICATION: STEVEN B DOWNER & CORRINE L DOWNER

 

11242009D002           DEED OF DEDICATION:  BRIAN D CROFT & KAREN L CROFT

 

11242009D003           DEED OF DEDICATION: TIMOTHY TURNER & SONJA TURNER

 

11242009R001           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

 

11242009R002           FINDINGS AND RESOLUTION APPROVING THE GLEN ECHO SIGN APPEAL

 

11242009R003           FINDINGS AND RESOLUTION APPROVING THE ZIMPRICH MINOR SPECIAL REVIEW

 

11242009R004           FINDINGS AND RESOLUTION APPROVING THE BRYANT EXTENDED FAMILY DWELLING AND APPEAL

 

11242009R005           FINDINGS AND RESOLUTION APPROVING THE SPARKLING SPRINGS LANE ROAD NAME CHANGE APPEAL

 

11242009R006           FINDINGS AND RESOLUTION APPROVING THE PETITION OF THE VERIZON-VIRGINIA DALE CMRS SPECIAL REVIEW

 

11242009R007           FINDINGS AND RESOLUTION APPROVING THE SQUIRES FEE APPEAL

 

11242009R008           FINDINGS AND RESOLUTION APPROVING THE NEUTZE MINOR LAND DIVISION

 

11242009R009           FINDINGS AND RESOLUTION APPROVING THE PETITION OF LEE/SUSSEX MINOR SPECIAL REVIEW

 

11242009R010           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 1 & 2 OF THE AMENDED PLAT OF LOT 22, BLOCK 19, HIAWATHA HEIGHTS SUBDIVISION; LOT 1 OF THE AMENDED PLAT OF LOTS 16-22, BLOCK 20, HIAWATHA HEIGHTS SUBDIVISION; AND WEIDEMAN LOT SIZE APPEAL

 

11242009R011           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 43A AND 45 OF GLACIER VIEW MEADOWS 7TH FILING AND UTILITY EASEMENT VACATION

 

11242009R012           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 95, COUNTRY CLUB ESTATES 3RD FILING; 17-FOOT RIGHT-OF-WAY VACATION OF LONGVIEW DRIVE; AND FEE APPEAL

 

11242009R013           FINDINGS AND RESOLUTION DENYING THE WARD RECYCLED PRODUCTS REZONING

 

LIQUOR LICENSES:  The following licenses were approved and issued:  Fort Collins Country Club – Club Liquor License – Fort Collins; Mishawaka Inn – Tavern – Bellvue; Young’s Liquor – Retail Liquor Store – Fort Collins; Gail’s Liquor – Retail Liquor Store – Bellvue.

 

Motion carried 3-0.

 

5.         TEMPORARY ASSISTANCE FOR NEEDY FAMILIES MAINTENANCE OF EFFORT IN THE HUMAN SERVICES FUND 262:  Ms. Riley addressed the Board and requested permission to retain $302,938 in the Human Services Fund #262. The funds were awarded to Larimer County as part of a refund from Temporary Assistance for Needy Families (TANF) Maintenance of Effort (MOE).  Ms. Riley simply asked that Human Services be allowed to retain the funds in account #262.

 

Commissioner Johnson asked Ms. Riley where the funds would be deposited if they were not retained in the Human Services Fund.  Ms. Riley stated the funds would probably go into the county’s General Fund.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the request by Human Services to retain the $302,938 TANF MOE refund received by Larimer County in fund 262.

 

Motion carried 3-0.

 

6.         APPOINTMENTS TO THE LARIMER EMERGENCY TELEPHONE AUTHORITY:   Mr. Lancaster informed the Board that pursuant to the intergovernmental agreement (IGA) between the Board of County Commissioners and the Larimer Emergency Telephone Authority (LETA), the fire districts and small towns located within Larimer County recommend one representative to the Board of County Commissioners for appointment to the LETA Board.

 

The fire districts have voted to recommend Steve Charles of the Berthoud Fire Protection District.

 

A vote of the small towns located in the county, Windsor, Timnath, Wellington, Estes Park, Berthoud, Johnstown, and Colorado State University, resulted in a tie between Wes Kufeld, Chief of the Estes Park Police Department, and Sherri Wagner, Chief of the Timnath Police Department. Major Smith indicated that, as a member of the LETA Board, he advised the Board that a recommendation of Chief Wagner would provide more diversity; however, the Board ultimately voted to recommend Chief Kufeld. Major Smith stated that the appointment of Chief Kufeld would cause the LETA Board to be heavily weighed towards Estes Park, as three of the Board members would be from the Estes Valley area.

 

After some discussion, the Commissioners decided to further interview the two candidates and make their appointment of the representative as they deem appropriate.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners appoint Steve Charles of the Berthoud Fire Protection District as the representative of fire districts in Larimer County to a two-year term on the Larimer Emergency Telephone Authority beginning January 1, 2010.

 

Motion carried 3-0.

 

7.         JUSTICE CENTER SECURITY FUNDING DISCUSSION:   Mr. Lancaster informed the Board that in an effort to reduce the amount of funds spent on security at the Larimer County Justice Center in 2009, the Board allocated $100,000 to the Facilities and Information Technology Department. The county ultimately spent $165,000, causing the department to utilize $65,000, earmarked for other projects.

 

Therefore, Mr. Lancaster asked the Board to consider allocating $185,000 for security at the Justice Center for 2010.  Mr. Lancaster also requested moving the allocated fees into the Sheriff’s Office budget as had been done in the past.

 

After some discussion, Major Smith explained that there was no feasible way to maintain adequate security at a decreased cost.

 

The Board agreed to move forward with the request. A decision will be made during the final approval of the county budget, scheduled for December 17, 2009. 

 

8.         AGRICULTURAL ADVISORY BOARD & FAIR BOARD APPIONTMENTS & REAPPOINTMENTS:   Ms. Tokarz presented the following appointments/reappointments to the Agricultural Advisory Board and the Fair Board:

 

Agricultural Advisory Board:  Jason Kraft, Brett Markham, and Richard Seaworth, all reappointed to a three year term beginning December 1, 2009, and expiring November 30, 2012.

 

Fair Board:  Mike Adams, Kaycee Lytle, Loren Maxey, and Pat Young, all reappointed to a three year term beginning December 1, 2009, and expiring November 30, 2012;  Frank Marino, appointed to a three year term beginning December 1, 2009, and expiring November 30, 2012.

 

M O T I O N

 

Commissioner Johnson moved to approve the appointments and reappointments to the Agricultural Advisory Board and the Fair Board, as listed above.

 

Motion carried 3-0.

 

9.         COUNTY MANAGER WORKSESSION:  Chair Rennels requested that a member of the Board attend the 21st Annual Drug Free Poster Contest Award Ceremony on Monday, December 7, 2009. A Land Use Hearing is scheduled for same date and time, so the Board member that attends the award ceremony would be excused or late for the hearing.

 

Commissioner Donnelly volunteered to attend the award ceremony.

 

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

 

11.       LEGAL MATTERS:  Mr. Engemoen requested the Board go into executive session for conferences with an attorney regarding specific legal questions, with no decision to follow.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into Executive Session to for conferences with an attorney regarding specific legal questions, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 3-0.

 

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.