> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 04/19/10  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, April 19, 2010

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Johnson presided and Commissioners Donnelly and Gaiter were present.  Also present were:  Rob Helmick, and Sean Wheeler, Planning Department; Jeff Goodell, Engineering Department; Jeannine Haag, County Attorney’s Office; and Tamara Slusher, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance and asked for public comment on the Land Use Code and County Budget. No members of the audience addressed the Board regarding these topics.

 

Mr. Lafferty explained that staff would like to table item 1 from the consent agenda until May 3, 2010, due to the need for re-advertising. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners table Little Elk Meadows Bed and Breakfast Minor Special Review, File #10-Z1781, until Monday, May 4, 2010.

 

Motion carried 3-0.

 

Mr. Lafferty and Mr. Helmick also noted that an additional condition of approval should be added to item 3 of the consent agenda.  Mr. Helmick explained that the final plat must be recorded within one year of approval of this application. The applicant is in agreement with the proposed change and there was no additional comment.  The conditions of approval for item 3 reflect this amendment and are now part of the consent agenda as listed below.

 

2.         PETERMAN MINOR LAND DIVISION LOT 2 AMENDED PLAT, FILE #10-S2949:   The applicant proposes to adjust the boundary of an existing Minor Land Division lot to more accurately reflect ground conditions and certain improvements on the site. There is a pending sale of the site motivating this application.  As a part of this request the applicant is processing a concurrent Boundary Line Adjustment to reflect the property line changes on the adjacent un-subdivided 215 acre parcel, owned by the applicant.

 

No new lots are created by this request and there are certain technical issues with the plat which must be resolved to clarify the “dual” purpose of the plat prior to its being executed and recorded.  The Development Services Team supports the approval of this amended plat.

 

The Development Services Team recommends Approval of the Peterman M.L.D. Lot 2 Amended Plat File #10-S2949, subject to the following conditions (and authorization for the Chair to sign the plat when the conditions are met and the final plat is presented for signature):

 

1.   All conditions of approval shall be met and the final plat recorded by October 12, 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.

 

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

 

3.         WALTERS SUBDIVISION FINAL PLAT TIME EXTENSION, FILE #08-S2780:   The Walters Subdivision preliminary plat was approved on February 2, 2009, and a final plat application was submitted for review on April 9, 2009.  The subdivision is a 2 lot division with minimal improvements tied to the construction of a home on the new lot.  Given the state of the economy and the need to construct improvements, the applicant is requesting an extension of time to complete the final plat. 

 

This plat is essentially ready to complete and staff advised the applicant that they needed to complete the process by April 9, 2010.  Their first reaction was to indicate that they would not pursue and would elect to let the approvals lapse.  It appeared to the staff that with so little necessary to complete this project a better solution would be to at least extend the completion time frame by a year to see how thing  improve in the future, rather than essentially walking away from over two years of work and the costs associated with the approvals.

 

The Development Services Team recommends approval of the Walters Subdivision Final Plat Time Extension, File # 08-S2780, subject to the following amended conditions:

 

1.   All previous conditions of approval remain in effect for this project.

 

2.   All conditions of approval shall be met and the Final Plat recorded by April 19, 2011 or this approval shall be null and void.

 

4.         BONNELL WEST PLANNED UNIT DEVELOPMENT 5TH FILING LOT 23 AMENDED PLAT, FILE #10-S2951:   The applicant seeks approval to amend the plat of Lot 23, in the Bonnell West PUD 5th Filing.  There is a building envelope and drainage easement shown on the approved plat for this lot.  The applicant’s engineer, who was also the engineer of record for the original Bonnell West PUD 5th Filing, has reviewed the information regarding the building envelope and drainage easement, concluding that removing all but the 20-foot drainage easement adjacent to Jordan Drive and Kyle Circle is acceptable.  Thus vacation of the drainage easement will not have a negative impact on drainage for this development.  In addition, the building envelope is defined by both the drainage easement and a conservation easement for the “bells twin pod” being a protected plant species.  However, the application does not include a request to vacate the bells twin pod conservation easement.

 

The residence was constructed outside of the platted building envelope in 2000.  The plot plan provided for the building permit did not show either the building envelope or the drainage easement, because the applicant used a preliminary plat drawing to create the plot plan.  An improvement and location certificate obtained by the applicant in 2001 and provided for this review, does show the residence constructed outside of the building envelope.  Staff was asked to expedite the processing of this application because the property owner has re-affiliated with the military and has a potential buyer for the property.  For that reason, only staff from the Planning and Engineering Departments reviewed this request for compliance with the Larimer County Land Use Code.

 

The Planning Department has no objections to the removal of the building envelope or to altering the drainage easement.  Comments from the Engineering Department do not raise any objections to the proposed amended plat, based on their review of the drainage information on file and that provided by the applicant’s engineer.

 

Staff concludes this project satisfies the requirements for an amended plat.  Removal of the drainage easement will also make the building envelope unnecessary.  However, the conservation easement for the protected plant (bells twin pod) remains in effect and no structures could be built in that area.  No additional lots are being created, nor will approval of the request result in any other conflict with setbacks.  Based on this assessment, staff supports approval of the amended plat for the Bonnell West PUD 5th Filing, Lot 23.

 

The Development Services Team finds that:

 

·   This amended plat will not create any additional lots.

 

·   The resultant lots meet the requirements for lot sizes, and no non-conforming lots are created by this action.

 

·   The amended plat will not create a nonconforming setback for any existing structures.

 

·   The amended plat will not adversely affect access, drainage or utility easements, or rights-of-way serving the property or other properties in the area.

 

·   Any covenants, deed restrictions or other conditions of approval that apply to the original lots must also apply to the resultant lots and be noted on the final plat.

 

The Development Services Team recommends approval of the amended plat of Lot 23 in the Bonnell West PUD 5th Filing, File #10-S2951, by findings and resolution, subject to the following conditions:

 

1.   The drainage easement shown on the recorded final plat for Lot 23 Bonnell West PUD 5th Filing is vacated except for the 20-foot drainage easement shown along Jordan Drive and Kyle Circle.

 

2.   The building envelope on Lot 23 Bonnell West PUD 5th Filing is vacated, and setbacks for the zoning shall apply.

 

3.   The “bells twin pod” conservation easement on Lot 23 Bonnell West PUD 5th Filing remains in place.  No building shall take place in this area.

 

4.   All other previous conditions of approval for the Bonnell West PUD 5th Filing, not altered by these conditions of approval, remain in effect for Lot 23.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as outlined and amended above.

 

Motion carried 3-0.

 

04192010R001           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT FOR LOT 23 OF THE BONNELL WEST PUD, 5TH FILING AND VACATION OF DRAINAGE EASEMENT

 

5.         MICRO WIND TURBINES:   This is a proposal to adopt regulations pertaining to Micro Wind Energy Conversion Systems within the Estes Valley planning area. 

 

“Micro wind” is part of an overall discussion regarding wind turbine regulation within the Estes Valley.  The installation of four turbines in Estes Park during 2009 initiated this discussion.  The Estes Valley Development Code currently does not include specific regulations pertaining to wind turbines.

 

The initial concept was to address wind turbines as one issue.  At their February hearing, the Town Board felt that “micro wind” – defined as smaller than 15 square foot swept area - should be treated differently from “small wind” (larger than micro but still residential in scale).  The Town Board remanded turbines to the Planning Commission with direction to separate the two types of turbines.  The idea is to allow micro wind as a use by right in any zone district, and to re-examine small wind to as a special review. 

 

At their March hearing, the Planning Commission separated the two types of wind turbines, and made a recommendation of approval for micro turbines.  The Commission also had a general discussion of small wind, without any specific code language.

 

The Estes Valley Planning Commission will discuss draft small wind regulations at their April 20, 2010, public hearing.  When the Planning Commission issues a recommendation, it will be forwarded to the Town Board and Board of County Commissioners for review and approval.

 

A review of the Planning Commission minutes show that a total of thirty-two different people provided a total of sixty-one verbal comments.  Comments ranged from “ban altogether” to “allow anywhere”, from “too much regulation” to “not enough regulation.”

 

The proposed changes to Section 5.2 of the Estes Valley Development Code are as follows with proposed text being underlined:

 

§ 5.2 ACCESSORY USES (INCLUDING HOME OCCUPATIONS) AND ACCESSORY STRUCTURES

 

A. General Standards.

[No Changes]

 

B. Accessory Uses/Structures Permitted in the Residential Zoning Districts.

 

1.   Table of Permitted Accessory Uses and Structures.

 

Table 5-1

Accessory Uses and Structures Permitted in the Residential Zoning Districts

 

Accessory Use

Residential Zoning District

"Yes" =  Permitted      "No" =  Not Permitted

Additional Requirements

RE-1

RE

E-1

E

R

R-1

R-2

RM

Micro Wind Energy Conversion Systems

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

 §5.2.B.2.g

 

2.   Additional Requirements for Specific Accessory Uses/Structures Permitted in the Residential Zoning Districts.

g.   Micro Wind Energy Conversion Systems.

    (1)    Size . The swept area of any individual micro wind energy conversion system shall not exceed fifteen square feet.

    (2)    Height .  Height shall be measured from original natural grade to the highest point of the structure moving or fixed, whichever is greatest, and shall not exceed thirty (30) feet.

    (3)    Setbacks .  Micro wind energy conversion systems shall be subject to setback requirements set forth in Chapter 4.

    (4)    Ridgeline Protection Areas .   Micro wind energy conversion systems shall be subject to Ridgeline Protection Standards set forth in Section 7.2.

    (5)    Noise.   All systems outside the Town limits of the Town of Estes Park shall comply with the noise standards found in Larimer County Ordinance 97-03 (as amended).  All systems located within the Town of Estes Park shall comply with the noise standards found in the Municipal Code of the Town of Estes Park.

    (6)    Lighting Prohibited.  Lighting, graphics, signs and other decorations are prohibited on the system, nor shall lighting be located in such a manner to illuminate the structure.

    (7)    Operating Condition.  All systems shall be kept in safe operating condition.  Systems found to be unsafe by an official of the Town of Estes Park Light and Power Department, or Protective Inspection Divisions of the Town of Estes Park or Larimer County, shall be subject to emergency enforcement processes set forth in Chapter 12.

    (8)    Safety Regulations.  All micro-wind energy conversion systems shall provide means of protection from any blades or moving parts by either:  

a.    Ground Clearance.  The minimum distance between the ground and any blades moving or parts utilized on a system shall be ten (10) feet as measured at the lowest point of the swept area, or ;

b.   Enclosures.  Blades and moving parts shall be enclosed with either fencing, grilles, guards, screening, shrouds, or any combination thereof.

    (9)    Permit Required.  A permit shall be required for the installation or modification of any micro wind energy conversion system that:

a.   Is connected to the Town of Estes Park Light and Power Distribution System, or;

b.   Has a height of fifteen feet or more.

    (10)   Limit on Number.  Multiple systems may be installed on a lot, but shall not exceed a cumulative aggregate swept area of forty-five (45) square feet.

    (11)   Swept Area shall mean the largest vertical cross-sectional area of the wind-driven parts as measured by the outermost perimeter of the blades.

    (12)   Electrical Connections.  Electrical connections and lines shall be placed below ground.

 

C. Accessory Uses/Structures Permitted in the Residential Zoning Districts.

1.   Table of Accessory Uses and Structures Permitted in the Nonresidential Zoning Districts.

 

Table 5-2

Accessory Uses Permitted in the Nonresidential Zoning Districts

 

Accessory Use

Residential Zoning District

"Yes" =  Permitted   "No" =  Not Permitted

Additional Conditions

A

A-1

CD

CO

O

CH

I-I

Micro Wind Energy Conversion Systems

Yes

Yes

Yes

Yes

Yes

Yes

Yes

§5.2.B.2.g

 

 

Chapter 13 – Definitions

Section 13.3

·   Micro Wind Energy Conversion System (MWECS).   A wind energy conversion system consisting of a wind turbine with a swept area not to exceed fifteen (15) square feet, including appurtenant equipment, and which is intended to primarily reduce on-site consumption of utility power.  Such systems are accessory to the principal use or structure on a lot.

 

Staff recommends approval of the proposed amendment to Section 5.2 of the Estes Valley Development Code to allow Micro Wind Energy Conversion Systems, as delineated above.

 

On Monday March 30, 2010, the Town Board of the Town of Estes Park unanimously voted to approve, with one change from the Planning Commission recommendation.  This change was to the “Safety Regulations” portion, and was at the request of public comment.  The change would allow enclosures to provide a safety barrier to moving parts as an alternative to ground clearance. 

 

Discussion ensued regarding the differences between micro wind turbines and small wind turbines, as well as the public input provided for both.

 

There was no public comment on this topic.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the amendments to Section 5.2 of the Estes Valley Development Code to allow Micro Wind Energy Conversion Systems, as delineated above.

 

Motion carried 3-0.

 

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

 

 

TUESDAY, APRIL 20, 2010

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager.  Chair Johnson presided, and Commissioners Donnelly and Gaiter were present.  Also present were:  Donna Hart, and Deni LaRue, Commissioners’ Office; Mark Peterson, and Rusty McDaniels, Engineering Department; John Gamlin, Human Resources Department; Joe Ferrando, Community Corrections Department; Charlie Johnson, Engineering Department; Jeannine Haag, and Bill Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   Sandy Dahlberg, representing Colorado State University’s College of Business, requested the Board approve a waiver of the 45-day timeframe that is required when applying for a Special Events Permit for the use of county roads for a biking event.  Ms. Dahlberg apologized and stated that she was unaware of the 45-day requirement, as the person who organized this event on their behalf the previous year had taken care of this for them.  The Board agreed to grant the waiver.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners waive the 45-day requirement for the 2nd Annual Ram Cycle Classic, being held on Sunday, May 2, 2010.

 

Motion carried 3-0.

 

Lee Tucker and Larry Newman then addressed the Board with questions and comments regarding the Boxelder Stormwater Authority.  Discussion ensued and the Commissioners requested that Mr. Lancaster set a worksession with the Board’s three appointees to the Boxelder Stormwater Authority, for further discussion.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 12, 2010:

 

M O T I O N

 

Commissioner Gaiter moved that the minutes for the week of April 12, 2010, be approved.

 

Motion carried 3-0.

 

3.  REVIEW OF THE SCHEDULE:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA:    Commissioner Gaiter requested that Agreement Number 1, regarding the reconstruction of County Road 32D from County Road 3 to County Road 5, be pulled from the consent agenda for discussion. 

 

M O T I O N

 

Commissioner Donnelly moved that the following items, as listed on the consent agenda for April 20, 2010, be approved:

 

04202010A002           SECOND AMENDMENT TO WORKERS’ COMPENSATION CLAIMS SERVICING AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TRISTAR RISK MANAGEMENT

 

MISCELLANEOUS:   Agreement and Release between Employee and Larimer County; Application for Federal Grant to the Office of Juvenile Justice & Delinquency Prevention.

 

LIQUOR LICENSES:  The following liquor licenses were approved and/or issued:  Inlet Bay Marina – 3.2% - Fort Collins; Legacy Land Trust – Special Event 6% - Fort Collins.

 

Motion carried 3-0.

 

Mr. McDaniels explained that each year the Engineering Department prioritizes road work and improvements based upon maintenance, capacity, and safety factors.  He stated that the proposed improvements to County Road 32E, from County Road 3 to County Road 5, are necessary due to increased traffic and expansion in the area. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the agreement for Project No. 292 – Reconstruction of County Road 32D from County Road 3 to County Road 5.

 

Motion carried 3-0.

 

04202010A001           DEPARTMENT OF PUBLIC WORKS CONTRACT FOR PROJECT NO. 292 – RECONSTRUCTION OF COUNTY ROAD 32E FROM COUNTY ROAD 3 TO COUNTY ROAD 5, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DON KEHN CONSTRUCTION, INC.

 

5.   REQUEST FOR WAIVER OF HUMAN RESOURCES POLICY AND PROCEDURE 331.5G.VI.E 1 AND 2 COMPENSATORY TIME, ACCRUAL MAXIMUM:  Mr. Ferrando requested a waiver of policy to allow one of his employees the ability to use her accrued compensatory time, rather than require her to be “paid-out” for it, as policy specifies.  Mr. Ferrando stated that the employee has requested the ability to use the compensatory time as part of her upcoming maternity leave.   The Board agreed to approve this waiver of policy.

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners approve waiving Human Resources Policy 331.5G.VI.E 1 and 2 through December 31, 2010, to allow this staff member, and this staff member only, to not be paid out for currently accrued compensatory time in excess of 60 hours and to use these hours during 2010.

Motion carried 3-0.

 

6.   LEGISLATIVE UPDATE:    There were no legislative items to discuss.

 

7.  COUNTY MANAGER WORKSESSION:   There were no worksession items to discuss.

 

8.  COMISSIONER ACTIVITY REPORTS:    The Board reviewed their activities at events during the past week.

 

9.  LEGAL MATTERS: 

 

M O T I O N

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

Motion carried 3-0.

 

The meeting recessed at 11:40 a.m., with no further action taken.

 

ABATEMENT HEARINGS

 

The Board of County Commissioners reconvened at 2:00 p.m. with Jody Masters, Assessor’s Office.  Chair Johnson presided, and Commissioners Donnelly and Gaiter were present.  Also present were:  Davin Stephens, and Jennifer Pawleshyn, Assessor’s Office; and Gael Cookman, Deputy Clerk.

 

ABATEMENT HEARING FOR ANDREW K. HOLBROOK, PARCEL NUMBERS 98044-11-001, AND 98044-11-002:   Mr. Stephens reviewed the subject property noting that they are two vacant lots, just north of the residential property, that is also owned by the Holbrook’s.  Mr. Stephens then presented the comparables he used to arrive at the assessed value of the land for the 2009 tax year.

 

Mr. Holbrook, accompanied by his wife and son, stated that he had tried to sell both parcels in 2006 and 2007, and was unsuccessful in selling either property.  He also noted that they have chickens, turkeys, and feed goats on the parcels, and that he had filed a Schedule F with his income taxes in both 2008 and 2009. 

 

Discussion ensued regarding both the value and the classification of the parcels in question.  Mr. Stephens explained that the filing of a Schedule F, does not automatically qualify a parcel of land to be classified as agricultural, as other factors are also considered.

 

Ultimately, the Board agreed that the value of the property should be lowered to $80,000 per lot, and then further discounted for the subdivision’s present worth.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners partially approve the Petition for Abatement of taxes for Andrew K. Holbrook, pertaining to Parcel Numbers 98044-11-001, and 98044-11-002, for 2009, and reduce the value to $80,000 per lot, and then discount for the subdivision’s present worth, which brings the final adjustment to $58,300 per lot.

 

Motion carried 3-0.

 

 

ABATEMENT HEARING FOR WAYNE B. GIBBONS, PARCEL NUMBER 97313-09-042:   Ms. Masters presented background information and photos of the property in question, and explained that it is located in the Horsetooth Reservoir area, with views of the reservoir.  She explained a map provided to the Board, noting the various parcel colors indicated different marketing areas, and different filings in this area.   Ms. Masters discovered that one of the sales was not accurate; therefore, she eliminated it from the comparisons, and recommended a reduction in the value from $63,100 to $60,800.

 

Al Verns, representative for the owner, stated that this lot should be compared with the others on Edith Drive, as they do not have sewer, water, or electric.  He presented his own list of comparables and discussion ensued regarding which comparables were best suited in assessing the value for this parcel. 

 

At this time, Chair Johnson excused himself from the meeting, and Chair Pro-Tem Donnelly assumed responsibility for the meeting.          

 

After much discussion and review of terrain and availability of utilities, the Board took the following action:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners partially approve the Petition for Abatement for Wayne B. Gibbons, Parcel Number 97313-09-042, and set the value for this parcel at $40,000 for the 2009 tax year. 

 

Motion carried 2-0.

 

The meeting adjourned at 3:35 p.m.

 

__________________________________________

                        STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Tamara L. Slusher, Deputy Clerk

 

­­______________________________________

Gael M. Cookman, Deputy Clerk