> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 06/07/10  

 

 

 

 

 

 

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, June 7, 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:  Michael Whitley, Planning Department; Eric Tracy, Engineering Department; Ron Perkins, County Surveyor; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the meeting and asked for public comment on the Land Use Code and County Budget.  James Sutherland addressed the Board and asked that the county revise the residential zoning code to allow chickens on residential properties within the county.  Mr. Lafferty explained that currently, the land use code only allows for chickens on agricultural properties.  The Board agreed to consider Mr. Sutherland’s request. 

 

Chair Johnson explained that there was one item listed on the consent agenda and would it not be discussed unless requested by the Board, staff, or members of the audience:

 

1.  VINEY PLANNED LAND DIVISION/PLANNED DEVELOPMENT, FILE #09-S2870:   This is a request for approval of the change of zone to Planned Development, approval of the Preliminary and Final Planned Land Division and approval of the Appeal to Section 4.1.22.E of the Land Use Code, motion passed 8-0 in favor.

 

This item was on the consent agenda for the Planning Commission Public Hearing on May 19, 2010.  Staff provided a brief presentation to the Planning Commission regarding the rezone to Planned Development, the Preliminary & Final Planned Land Division, and the Appeal and the motions for approval.  The Planning Commission voted unanimously to recommend approval of the three items.

 

The Development Services Team recommends approval of the following:

 

1.    Planning Commission, the LaPorte Area Planning Advisory Committee and the Development Services Team recommends approval of a rezoning from C – Commercial and FA-1 -Farming to PD-Planned Development for the Viney PD-Planned Development (Planning file #09-S2870). The rezoning shall be effective upon the recordation of the Final Plat of the Viney PD-Planned Land Division.

 

2.         Planning Commission, the LaPorte Area Planning Advisory Committee and the Development Services Team recommends approval of the Viney Planned Land Division, (Planning file # 09-S2870) subject to the following conditions:

 

a.    The final plat shall be consistent with the approved preliminary & final plan and with the information contained in the Viney Planned Development/Planned Land Division, file #09-S2870 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 Viney Planned Development/Planned Land Division.

 

b.    The following fees shall be collected at building permit issuance for new single family dwellings: Poudre School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees (in lieu of dedication) and drainage fees.  The fee amount that is current at the time of building permit application shall apply. 

 

3.         All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation.  The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

4.         Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30-days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

5.         The West Fort Collins Water District reserves the right to require two separate taps if either parcel is sold or if the district deems it necessary.  If the district deems a second water tap necessary, they would provide 180 days written notice. 

 

6.         Approval of the rezoning from C (Commercial) and FA-1 (Farming) to PD (Planned Development) subject to the following condition:

 

a.    The rezoning shall be effective upon the recordation of the final plat of Viney Planned Land Division.

 

b.    The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Viney Planned Development/Planned Land Division shall be as follows:

 

Viney Planned Development Zone District:

 

A. Principal uses:

 

Agricultural

1. Apiary (R)

 

Residential

2. Single-family dwelling (R)

3. Group home for the developmentally disabled (R)

4. Group home for the aged (R)

5. Group home (R)

6. Storage buildings and garages (R)--See section 4.3 (use descriptions and conditions)

7. Group home for the mentally ill (R)

 

Institutional

8. Child/elderly care home (R)

9. Sheriff/fire station (L)

10. State-licensed group home (S)

11. Sheriff/fire station (L)

 

Recreational

12. Public park/playground (L)

13. Trail/trail head (L)

 

Utilities

14. Utility substation (L)

15. Water storage facility (L)

16. Treatment plant (L)

17. Commercial mobile radio service (R/S)--See section 16

 

Commercial

18.     Trucking Business (R)*

*Lot 1 shall only be occupied by a use listed as items 1 through 17 above.  The existing trucking business on Lot 2 shall be considered a legal, conforming use.  Should the trucking business cease operation for a period of twelve (12) months or more, a trucking business could not be reestablished on the property and the property shall only be occupied by a use listed as items 1 through 17 above.

 

Uses followed by an (R) are allowed by right but they may be subject to Section 6 (Site Plan Review) and all other requirements of the Land Use Code.

 

Uses followed by an (MS) require approval through the Minor Special Review Process.

 

Uses followed by a (S) required approval through the Special Review process, described in Section 4.5 of the Larimer County Land Use Code, as amended.

 

Uses followed by an (R/S) may be allowed by right or require Special Review approval,             based on the thresholds in Section 4.3 (Use Descriptions) of the Larimer County Land Use Code, as amended.

 

Uses followed by an (L) required review through the Location and Extent Review  process, as described in Section 13.0 of the Larimer County Land Use Code, as amended.

 

Use descriptions in section 4.3 contain conditions that apply to certain uses.

 

B. Lot, building and structure requirements:

1. Minimum lot size:

a. 1.61 acres on Lot 1 and 2.17 acres on Lot 2 if a well or septic system is used.

b. 10,890 square feet (0.25 acre) if public water and sewer are used.

2. Minimum required setbacks: (If more than one setback applies, the greater setback is required.)

a. Street and road setback (Refer to section 4.9.1 setbacks from highways, county roads, and all other streets and roads.) The setback from a street or road must be 25 feet from the lot line, nearest edge of the road easement, nearest edge of right-of-way, or nearest edge of traveled way, whichever is greater.

b. Side yards--Five feet.

c. Rear yards--Ten feet.

d. Refer to section 4.9.2 for additional setback requirements (including but not limited to streams, creeks and rivers).

3. Maximum structure height--40 feet.

4. No parcel can be used for more than one principal building; additional buildings on a parcel are allowed if they meet the accessory use criteria in subsection 4.3.10.

The number of dwelling units allowed on a site is based on the presumption that all other applicable standards will be met. The maximum density established for a zoning district is not a guarantee that such densities may be obtained, nor a valid justification for varying other dimensional or development standards.

 

5.   Planning Commission, the LaPorte Area Planning Advisory Committee and the Development Services Team recommends approval of the Appeal to Section 4.1.22.E (Lot Size) of the Land Use Code.

 

There was no one in the audience that wished to discuss this item, and the following action was taken:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Viney rezone to Planned Development, Preliminary & Final Planned Land Division and Appeal to Section 4.1.22.E (Lot Size) of the Larimer County Land Use Code, file #09-S2870, subject to the conditions as outlined above.

 

Motion carried 3-0.

 

There being no further business, the hearing ended at 3:10 p.m.

 

 

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; Carol Block, Finance Department; Lorenda Volker, Department of Human Resources; Gary Buffington and Ranger Jim Hawkins, Department of Natural Resources; Matt Lafferty and Samantha Mott, Planning Department; Jeannine Haag and William Ressue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Carol McGarvey addressed the Board to discuss public camping that was allowed to occur on the Graves property during May 14, 15, and 16, 2010.  Ms. McGarvey, an adjacent landowner, stated she was not notified of the camping use before it occurred and she had great concerns about the safety of her property and the area wildlife. Ms. McGarvey explained that in years past, campers were located on another area of the Graves property; however, due to eagle nesting, campers were forced to relocate to an area adjacent to her property line. She noted that although only one eagle nest site has been identified by the county, multiple eagles are known to nest annually on both the Graves and McGarvey properties.

 

Lastly, while Ms. McGarvey stated that she had spoken with Mr. Graves and Mr. Robin Jones and believed her concerns would be addressed, she also wanted the Board to be aware of the effects of camping on area residents in addition to surrounding wildlife.

 

Robin Jones addressed the Board and stated that he had spoken with Ms. McGarvey and assured the Board that he would remedy the situation.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 24, 2010:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of May 24, 2010.

 

Motion carried 3-0.

 

3.         REAPPROVAL OF THE MINUTES FOR THE WEEKS OF MAY 3, 2010, AND MAY 10, 2010:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners re-approve the minutes for the weeks of May 3, 2010, and May 10, 2010.

 

Motion carried 3-0.

 

4.         REVIEW OF THE SCHEDULE FOR THE WEEKS OF JUNE 14, 2010, AND JUNE 21, 2010:   Ms. Hart reviewed the upcoming schedules with the Board.

 

5.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as outlined below:

 

ABATEMENTS:   As recommended by the County Assessor, the following Petitions for Abatement are approved: Loveland Skipper LLC; Charles S. Hatchette; Screaming Eagle Land Company LLC; Robin Jankowski.

 

06082010A001           DEVELOPMENT AGREEMENT FOR HOFFMAN ACRES PLANNED LAND DIVISION (09-S2863) BY AND BETWEEEN THE BOARD OF COUNTY COMMISSIONERS AND THF, LLC   

 

06082010A002           DEPARTMENT OF PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF PROJECT #9057 (2010 RESURFACING PROGRAM) BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COULSON EXCAVATING COMPANY INC

 

06082010D001           DEED OF DEDICATION FOR DK CATTLE LLC

 

06082010R001           FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS FOR COTTONWOOD ACRES SUBDIVISION

 

06082010R002           FINDINGS AND RESOLUTION APPROVING THE RED MESA LANE ROAD NAME APPEAL

 

06082010R003           FINDINGS AND RESOLUTION APPROVING THE NORTH CAOUNTY ROAD 25G ADDRESS APPEAL

 

06082010R004           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR HOFFMAN ACRES PLANNED LAND DIVISION (09-S2863)

 

MISCELLANEOUS:            Stipulation (as to Tax Year 2009 Actual Value) Approving the reduction of 2009 property tax value for Larry Buckendorf & Ann Theresa Buckendorf; Final Plat of Hoffman Acres Subdivision; Agreement & Release between Employee and Larimer County.

 

LIQUOR LICENSES:  The following licenses were approved and issued: Sandy’s Convenience Store – 3.2% – Loveland; The Restaurant – Beer & Wine – Red Feather Lakes; Berthoud Arts & Humanities Alliance – Special Event 6% – Berthoud.

 

Motion carried 3-0.

 

6.         GREELEY STAMPEDE PROCLAMATION:   Keith Reichert and Ron Wildeman of the Greeley Stampede addressed the Board and read a proclamation aloud to declare July 1, 2010, Larimer County Day at the Greeley Stampede. Mr. Reichert thanked the Board for their time and encouraged all county employees and residents to visit the Greeley Stampede.

 

Chair Johnson thanked Mr. Reichert and Mr. Wildeman for their time.

 

7.         CENTERRA UPDATE:  Jay Hardy, Vice President & General Manager of Centerra, addressed the Board to provide an update on the state of affairs at Centerra.  Mr. Hardy stated that while sales at the Promenade Shops are down, new businesses are moving into the area and overall revenues are greater than expected.

 

Mr. Hardy explained that the construction on the interchange of I-25 and Highway 34 will be completed by November 2010, and landscaping will be complete by April or May 2011. Also, construction at the interchange of I-25 and Crossroads Boulevard will be completed by the end of July 2010. 

 

Chair Johnson thanked Mr. Hardy for updating the Board with this information.

 

8.         RECOGNITION OF THE COLORADO BOATING LAW ENFORCEMENT OFFICER OF THE YEAR:   Brian Stacy, Colorado State Parks Ranger, and Mr. Buffington presented the Colorado Boating Law Enforcement Officer of the Year Award to Ranger Hawkins. Ranger Hawkins was selected by the National Association of State Boating Law Administrators for his outstanding commitment to making Larimer County Waterways a safer place to visit. He was recognized for demonstrating a high degree of enthusiasm, initiative, diligence, and character.

 

In a written nomination, Mr. Buffington stated that Ranger Hawkins has continuously proven to be thorough and professional through a heavy work load and should be recognized for his extraordinary efforts to exhibit pride in his profession and the community he serves.

 

The Board thanked Mr. Hawkins for his outstanding service to Larimer County.

 

9.         CONCESSION MANAGEMENT POLICY AND CONCESSION MANUAL FOR THE DEPARTMENT OF NATURAL RESOURCES:  Mr. Buffington presented the Board with an updated Concession Management Policy intended to guide the Department of Natural Resources in the management of long term, short term, and club licensed concessionaires for marina services at Carter Lake and Horsetooth Reservoir. Mr. Buffington explained that the policy had not been updated since 1997 and the concession operations follow guidelines set forth by the Bureau of Reclamation.

 

Chair Johnson asked Mr. Buffington if he frequently received requests to open concessionaries in the county.  Mr. Buffington stated that the Department of Natural Resources does receive many requests for short term concession licenses. 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Concession Management Policy and Associated Concession Manual for the Department of Natural Resources.

 

Motion carried 3-0.

 

10.       ASSIGNMENT OF PRIVATE ACTIVITY BONDS ALLOCATION:   Ms. Block, Mike Freeman, City of Fort Collins, Will Welch, and Marci Kay, Integware Inc., requested the Board assign the county’s Private Activity Bond allocation to the City of Fort Collins for 2010. Historically, the county has assigned its allocation to other public entities to be dispersed to eligible projects, such as low income housing.

 

If approved, the City of Fort Collins plans to combine their private activity bonds allocation, nearly $6 million, with the county’s portion, nearly $4 million, to fund a low interest loan to a local small manufacturing company, Integware Inc. for the construction of a 50,000 to 70,000 square-foot-building.

 

Ms. Kay explained that currently, Integware Inc. employs 128-people spread out over multiple buildings; however, to become more efficient, the company wishes obtain a low interest loan for the construction of one large building to house all of the company’s employees and operations.

 

Commissioner Gaiter asked if the county would be liable for any debt if Integware Inc. was unable to repay the $10 million. Ms. Block stated that the county would not be liable for any unpaid funds.

 

Chair Johnson stated he was in favor of the allocation to be dispersed to the city to promote business and employment within the county. He also thanked the City of Fort Collins and welcomed the opportunity to work together.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Resolution Authorizing Assignment of Private Activity Bond Allocation of Larimer County to the City of Fort Collins, pursuant to the Colorado Private Activity Bond Ceiling Allocation Act.

 

Motion carried 3-0.

 

06082010A003           ASSIGNMENT OF 2010 PRIVATE ACTIVITY BOND ALLOCATION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS COLORADO

 

06082010R005           RESOLUTION AUTHORIZING ASSIGNMENT TO THE CITY OF FORT COLLINS OF A PRIVATE ACTIVITY BOND ALLOCATION OF LARIMER COUNTY PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT

 

11.       FUNDING FOR SCANNING FILES THROUGH THE MAXIMIZATION OF SPACE PROJECT:   Ms. Volker requested approval from the Board for $46,300 from the general fund to finance the scanning of personnel and benefit files.  Ms. Volker explained that all personnel and benefit files are currently stored in paper form, which consumes large amounts of space; therefore, to fully maximize and utilize space, the Department of Human Resources proposes to scan the documents and store them electronically.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve funding of $46,300, from the county’s general fund, for the scanning of current files, purchase of scanning equipment for current and future use as well as the purchase of a Kofax scan station license.

 

Motion carried 3-0.

 

12.       LEGISLATION UPDATE:  There were no legislative items to discuss.

 

13.       COUNTY MANAGER WORKSESSION:  Mr. Lancaster suggested the Board enact a policy to disallow meetings to carry on past 10:00 p.m.  Mr. Lancaster explained that when broadcasted meetings continue for more than 4-hours, broadcasts are cut short and citizens watching from home are unable to view the conclusion and/or decision. Mr. Lancaster added that because of these broadcasting restrictions, past Boards have enacted policies to conclude meetings at 10:00 p.m. and continue at a later date if needed.

 

Chair Johnson stated that he was in favor of setting 10:00 p.m. as a tentative ending time; however, he noted the Board will continue to make exceptions when necessary.

 

14.       COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their attendance at events during the past week.

 

15.       LEGAL MATTERS:  Mr. Ressue requested the Board go into executive session for conferences with an attorney for the purpose of receiving legal advice on specific legal questions. Mr. Ressue noted that there would not be a decision after the executive session.

 

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.

 

There being no further business, the meeting adjourned at 12:00 p.m.

 

 

 

 

__________________________________________

  STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

 

 

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

­­______________________________________

Melissa E. Lohry, Deputy Clerk