MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
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, Planning Department; Eric Tracy, Engineering Department; Jeanine Haag, County Attorney and Gael Cookman, Deputy Clerk.
Chair Johnson opened the meeting 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.
Chair Johnson explained that items 1 – 4 were on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:
1. GLADSTONE EXPANSION OF NONCONFORMING BUILDING, FILE #10-Z1824: This is a request to add on to an existing cabin on a 200 acre property with eight other existing cabins, located in the Poudre Canyon along Highway 14 approximately 13 miles past County Road 69.
The property was purchased by a group of individuals form the original Greeley Union Colony in the early 1900s, and divided into 10 shares. 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 property is zoned O-Open, which allows one principle building. The nine cabins on this parcel are each considered a principle building so they are all considered nonconforming. The Board of County Commissioners’ approval is required to expand or enlarge a nonconforming building.
In 2009, the Board of County Commissioners granted approval for one of the cabins on the property to be demolished and replaced in another location on the same parcel. This request is to build a 340 square-foot addition onto one of the existing cabins. The addition consists of a recreation room and a laundry room.
The Larimer County Department of Health and Environment has concluded that the addition is compatible with the utilities that are available, but that the design for the foundation under the addition should consider how to incorporate the sewer line location as well as the laundry connection.
The Larimer County Engineering Department has indicated that they do not have any major concerns or issues with the submittal of this proposal.
This request to add on to an existing cabin does not constitute a change in character or use of the property. Because the cabin is already in existence the density on this parcel will not increase. No objections have been received from surrounding property owners or interested county, state, or federal agencies. This request will not subvert the purpose of the Code and should have no negative impact on the surrounding area.
The Development Services Team findings are as follows:
1. The cabin addition will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood.
2. The cabin addition will not adversely affect property values in the area.
3. The cabin addition will not impair the intent and purpose of the Code and the Master Plan because the total number of dwellings is not being increased.
The Development Services Team recommends Approval of the Gladstone Expansion of a Nonconforming Building, File #10-Z1824, subject to the following condition:
1. This approval is for a 340 square-foot addition to the existing Gladstone cabin. Any future expansions or additions to this cabin or any other cabin will require prior County approval.
2. BLUE SKY AUTO SALE EASEMENT VACATION, FILE #10-S2990: The applicants propose to vacate a utility easement of 10 located on their eastern property line. The applicants inherited this condition and are proposing to rectify the problem by vacating the easement. All the utility providers have been notified and none have identified an issue or conflict with the proposal
The requested vacation meet s the review criteria and no agency or individual has identified any issues with the request. The vacation solves a property problem, encroachment into the easement by an existing building.
The Development Services Team recommends Approval of the Blue Sky Auto Sale Easement Vacation File # 10-S2990.
3. GARCIA MINOR LAND DIVISION, FILE #10-S2992: The applicant proposes to adjust the boundaries of two parcels of two metes and bounds parcels. The two parcels adjoin the Cedar Park and Cedar Springs subdivisions north of Drake. A single family home exists on one parcel and the other is vacant. The proposal is to shift the acreage so that the larger 35+ acre parcel will become the vacant site.
The proposed adjustment provide the owner with the opportunity to sell or develop the additional parcel they owned with a bit more control over access and possible home locations than in the past while reducing the acreage of his direct ownership. The impacts of this MLD are the same as the existing circumstance. The Plat indicates and reflects that there are apparently a number or have been a number of property line issues along the east property line. This includes the pending transfer of a parcel to lot 24 of Cedar Park 7th filing. This must be reflected in an add on agreement processed through the County.
The Development Services Team finds that the application meets the review criteria, in that there is no prior County approved division of these sites and the will be no resulting impact greater than that which exists at this location.
The Development Services Team recommends Approval of the Garcia Minor Land Division file # 10-S2992 subject to the following condition(s) and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:
1. All conditions of approval shall be met and the Final Plat recorded by May 1, 2011, or this approval shall be null and void.
2. Prior to the recordation of the Final Plat the application shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.
3. The applicant shall provide evidence that the permitting issue with the State Engineers Office has been resolved prior to the recording of the Plat.
4. The property line issues along the eastern boundary must be resolved with the recording of this plat and at least one Add On Agreement to reflect the pending transfer to Lot 24 Cedar Park 7th filing.
4. HAZLETT AMENDMENT OF CONDISION, FILE #10-G0203: The applicant is proposing to purchase the property which is the subject of this application. It was originally rezoned in 1986 to accommodate the siting of Colorado Precast. In 1998, when it was clear that Colorado Precast was locating to a different site the approval of the rezoning was amended to reflect that the zoning could remain but, unless a use similar to Colorado Precast was proposed any other use would have to proceed through the special review process. This was imposed as a condition to address the issues of access, water and sanitation. Those services both at the time of the original approval and currently are limited.
At the time of the amended rezoning, 1988, the Site Plan Review Process did not exist. The Site Plan Review process is specifically intended to address the technical issues of site development. The Special Review process would look at the intensity of uses that are allowed in the I-1 district, specifically for compatibility rather than a technical analysis of code standards. The applicant here proposes to use this site for uses which are by right in the I-1 district. The indoor training facility and ‘club” nature of the use will be compatible and present minimal impact to the surrounding area and have minimal technical issues.
In this case the review and assessment would be related to the original rezoning of the site. It is clear that there was support for the original use and rezoning of the site. When that use was located on another property the decision was made to retain the I-1 Industrial zoning of the site, but to require all uses to proceed through the special review process. This was imposed specifically to address the impact on the surrounding area of those uses and to evaluate the availability of services such as water and sewer. It is the position of the Development Services Team that the conditions of the rezoning in 1988 can be modified to allow this proposed use of the applicant and evaluate it through the Site Plan Review Process to address the minimal impacts of the proposed uses. The Team believes this protects the surrounding area from the other potentially more intense uses allowed by the I-1 zoning by not removing the condition entirely. The site is adjacent to the Loveland GMA and because of the mix of uses in the area retaining the zoning with this condition would be compatible with the surrounding area.
The applicant conducted a neighborhood meeting as a part of this application to advise and consult with surrounding property owners. We do not have the report of that meeting at this time but, have had only one neighbor contact since the meeting. The contact did not raise any issue.
The Development Services Team recommends Approval of the Hazlett Amendment of Condition File # 10-G0203 subject to the following condition(s):
1. The use and development of the site as proposed in this application shall be subject to Site Plan Review.
2. This amendment permits only the use proposed in this application and does not alter the conditions of the May 23, 1988, modification to Z-36-86.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as outlined above.
Motion carried 3-0.
The hearing adjourned at 3:05 p.m.
TUESDAY, NOVEMBER 2, 2010
The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Johnson presided, and Commissioners Gaiter and Donnelly were present. Also present were: Donna Hart, and Deni LaRue, Commissioners’ Office; Dale Miller, Road and Bridge Department, Marc Engemoen, Public Works Department; Gary Buffington, Department of Natural Resources; Andy Paratore, Michael Kirk, Greg Vickerman, Troy Griffin, and Steve Balderson, Facilities and Information Technology Department; Lorenda Volker, and Amy Dyer, Human Resources Department; Linda Hoffmann, and Matt Lafferty, Planning Department; Chad Gray, Code Compliance; Jeannine Haag, and Bill Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.
1. PUBLIC COMMENT: There was no public comment today.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 25, 2010:
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of October 25, 2010, as amended.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 8, 2010: Ms. Hart reviewed the upcoming schedule with the Board.
4. CONSENT AGENDA:
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda, as listed below:
PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following Petitions for Abatement are approved: Erdmann Land Management Inc; Buchholtz LLC; Bank of Choice (correction to the record).
The following abatements were denied: One Directory Place LLC; Lafarge West Inc; Direct TV Inc (multiple parcels and multiples years)
11022010A001 AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF TURN LANES AT THE CR 19/CR 28 INTERSECTION
11022010R001 RESOLUTION APPROVING CONTRACT FOR CONSTRUCTION OF AUXILIARY TURN LANES AT LCR 19 AND LCR 28 PROJECT NO. STU C060-054, (17570)
11022010R002 RESOLUTION AMENDING THE ESTES VALLEY DEVELOPMENT CODE REGARDING SMALL WIND TURBINES
11022010R003 RESOLUTION RESCINDING FINDINGS AND RESOLUTION THAT APPROVED THE AMENDED PLAT OF LOTS 48 AND 49 IN THE POUDRE PARK ANNEX
11022010R004 RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS
MISCELLANEOUS: Signature Authority & Delegation of Signature Authority for Larimer Home Improvement Program (LHIP) and Larimer Home Ownership Program (LHOP); Employee Agreement and Release; Mid-Term Appointment to Juvenile Community Review Board.
LIQUOR LICENSES: The following licenses were approved and/or issued: Bighorn Cabins Inc – Bed and Breakfast 6% - Bellvue.
Motion carried 3-0.
5. UPDATE CONCERNING ROAD BASE MATERIALS: Mr. Engemoen and Mr. Miller presented a progress update regarding the production of crushed aggregate road base material versus affordable like materials already being offered on the open market. Discussion ensued regarding the bids received and the testing specifications required for the bid process. Mr. Engemoen stated that they are not shy about outsourcing where it makes sense, but stated that they have reservations about the use of improper materials, as that could result in further unanticipated costs down the road. The Board appreciated their efforts in taking precautions to get the best value and best end-product.
6. EXTENSION OF THE SOLID WASTE LOAN REPAYMENT TIMETABLE: Mr. Buffington displayed a slide show presentation depicting the improvements to Horsetooth Mountain Park and Carter Lake. He then requested the ability to extend repayment of the loan to the Solid Waste Department, in order to make additional improvements to the Parks system. Some discussion ensued regarding the General Fund versus the Solid Waste Fund, and Mr. Engemoen stated that the Parks Department would continue to pay the interest that the money would accrue if it were sitting in the Solid Waste Fund bank account; however, the money will not be used by the Solid Waste Department for closure and post-closure for many years to come. The Board agreed to support this request.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve a 3-year extension to the department of Natural Resources for the repayment of the principle of a $1,245,518 loan from the Solid Waste department for capital construction projects at Horsetooth Reservoir.
Motion carried 3-0.
11022010R005 RESOLUTION APPROVING RENEGOTIATION OF LOAN FROM SOLID WASTE ENTERPRISE FUND TO PARKS FUND
7. MODIFY HUMAN RESOURCES POLICY AND PROCEDURE – TELEWORKING PROGRAM: Ms. Volker, Ms. Dyer, and Mr. Kirk presented an updated Teleworking Policy and Procedure for the Board’s consideration. Ms. Volker stated that the new policy contains assessment and support tools to encourage successful and productive teleworking arrangements. She further stated that their efforts will hopefully encourage supervisors and department mangers to support teleworking as an option for their departments. Some discussion ensued.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve modification to Human Resources Policy & Procedure 331.4B.XXI – Teleworking Program.
Motion carried 3-0.
8. USE OF SALES TAX FUND TO PURCHASE AN ADDITIONAL ENTERPRISE DATA CENTER AIR CONDITIONING UNIT: Mr. Vickerman requested the ability to use $75,000 to purchase an additional computer room air conditioning unit. He explained that the existing data center cooling equipment cannot meet the data center cooling requirements and that the equipment is stressed to the point of failure. Mr. Vickerman recommended a third redundant computer room air conditioning unit be installed to remedy the situation. The Board agreed that this was a necessary expense.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the use of Sales Tax Fund dollars, in the amount of $75,000, to purchase an additional enterprise data center air conditioning unit.
Motion carried 3-0.
9. BINGHAM HILL EVENTS CENTER SPECIAL REVIEW: Ms. Hoffman stated that evidence exists that there may be violations to the conditions of approval for the Bingham Hill Events Center Special Review. She requested the ability to schedule a show cause hearing in order to allow the applicant, staff and all other interested parties to present information pertaining to the activity on the site. The Board agreed this would be in the best interests of all involved and directed Ms. Hoffman to schedule the show cause hearing for December 13, 2010, at 6:30 p.m.
10. APPROVAL REQUEST FOR AN ADDITIONAL 0.2 FTE FOR THE POSITION OF FACILITES PLANNING AND REAL ESTATE GROUP: Mr. Kirk stated that this was a follow up to his request for approval to add 0.2 Full Time Employee (FTE) for the position of Facilities, Planning and Real Estate Group Manager. He presented four handouts that fully described the position and the duties associated with it. Much discussion ensued. Ultimately Chair Johnson stated that he supports the request, as Mr. Kirk does an excellent job in managing the county facilities; he has always been fiscally responsible and has saved a lot of taxpayer dollars in administrating the facilities for Larimer County. Commissioner Donnelly stated that he was not convinced that the position was necessary and felt it was important to maintain the hiring freeze that the Board enacted to help balance the budget. Commissioner Gaiter stated that he did not wish to micromanage the departments, and therefore, he too ultimately supported the request.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve an additional 0.2 FTE for the position of Facilities Planning and Real Estate Group Manager in order to make it a full-time 40 per week position.
Motion carried 2-1; Commissioner Donnelly dissenting.
11. WORKSESSION: There were no worksession items to discuss.
12. COMMISSIONER ACTIVITY REPORTS: The Board discussed their activities at events during the past week.
13. LEGAL MATTERS: Ms. Haag presented background on the Rams Village Condominiums in Estes Park, noting that there seems to be a civil dispute regarding who has ownership/development rights to Lot 1 and some of the un-developed building envelopes. The Board requested further clarification and asked Ms. Haag to work with the homeowners association attorney and the original developer of the property to ascertain more information.
The meeting ended at 11:40 a.m., with no further action taken.
STEVE JOHNSON, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy County Clerk