> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 12/06/10  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, December 6, 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, and Toby Stauffer, Planning Department; Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Chad Gray, Code Compliance; Jeannine Haag, County Attorney; 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 one from the audience addressed the Board regarding these topics. 

 

Chair Johnson explained that the following items are on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience.  A member of the audience requested that Item 5 be pulled from the consent agenda for further discussion.

 

1.         HAROLD BLACKFORD EXEMPTION TRACT 1 AMENDED PLAT AND ALBRACHT/PROVOST BOUNDARY LINE ADJUSTMENT, FILE #10-S3003:  This is a request to amend the plat of Tract 1 of the Harold Blackford Exemption (recorded September 22, 1980) and adjust the boundaries of two metes and bounds parcels to consolidate the three parcels into two and relocate property lines in order to “square up” the existing parcels.  The subject properties are located within the Loveland Growth Management Area and access Highway 34 (Eisenhower Boulevard).

 

The Development Review Team has received no objections from the following referral agencies:  Larimer County Health and Environment, and Larimer County Engineering.  The Land Surveyor has noted two corrections to be made to the plat, which shall be addressed prior to recordation.

 

The proposed Amended Plat/Boundary Line Adjustment to consolidate three lots into two and relocate property lines will not adversely affect any neighboring properties or any county agencies and will not create any additional lots.  The Development Services Team finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Harold Blackford Exemption Tract 1 Amended Plat and Albracht/Provost Boundary Line Adjustment, File #10-S3003, subject to the following conditions 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 June 06, 2011 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.   Reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded.

 

2.         NOBILETTE MINOR SPECIAL REVIEW:  This is a request for approval of a Minor Special Review for a Home Occupation occupying 1,200 square feet in a detached accessory building.  The subject property is a 2.86 acre parcel situated on the north side of Horseshoe Circle, approximately 400 feet west of Highway 287. 

 

The property is zoned FA-1 (Farming) and contains a home that was built in 1976 and a two-story, 2,214 square foot detached accessory building that was constructed in 1981.  The applicant has conducted a bicycle design and manufacturing business from the detached accessory building since purchasing the property in 1992.  The applicant did not obtain zoning approval prior to commencing the use. 

 

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 Home Occupation occupies 1,200 square feet within the detached accessory building that was constructed in 1981.  The Home Occupation does not generate more than six trips per day and complies with all other applicable Home Occupation standards found in Section 4.3.10.B of the Land Use Code. 

 

In 2005, Code Compliance staff received a referral from the Berthoud Fire Department after a fire occurred in the detached building as a result of activity associated with the business.  A Code Compliance violation hearing was conducted by the Board of County Commissioners on August 3, 2009.  At that hearing, the Board found the property owners to be in violation of the Land Use Code and set a six month deadline for the property owners to submit a Minor Special Review application. A Minor Special Review application was submitted in September, 2010. 

 

Six neighbors attended the neighborhood meeting.  According to the neighborhood meeting report, none of the neighbors objected to the Home Occupation.  No neighboring property owners have contacted County staff regarding the proposed Minor Special Review.

 

The following is a brief summary of review agency comments: 

 

  1. Planning Staff support the Minor Special Review as described in this report.  There are no remaining Planning Department concerns with this request. 

 

  1. The Engineering Department has no issues or concerns with this request but advises the applicant to contact the Berthoud Fire Authority to ensure the building and internal street layouts are  adequate for their purposes. (A referral was sent to the Berthoud Fire Authority.  No response was received.) 

 

  1. The Health Department made advisory comments regarding waste discharge into the septic system, air emissions, hazardous materials and noise. 

 

  1. The Code Compliance Office has no concerns with the proposed Minor Special Review but noted that there is one outstanding building permit of record which requires a final building inspection.  That building permit is valid until February 1, 2012.

 

  1. The Building Department did not provide formal written comments but noted that, as long as the existing structure has all of its property permits, the department has no concerns.

 

  1. No other individuals or referral agents contacted Planning staff with comments on this request.

 

The Development Services Team believes that the Nobilette 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.  The Development Services Team findings are as follows:

 

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

 

  1. The proposed use is consistent with the County Master Plan. 

 

  1. The request complies with the requirements of the Land Use Code. 

 

  1. The proposed use is not anticipated to have substantial adverse impacts on other property. 

 

  1. The recommendations of referral agencies have been considered.

 

  1. The applicant has demonstrated that this project can meet applicable additional criteria listed in Section 4.3 of the Land Use Code (Use Descriptions).

 

The Development Services Team recommends approval of the Nobilette Minor Special Review, File #10-Z1823 subject to the following conditions: 

 

  1. The Site shall be developed consistent with the approved plan and with the information contained in the Nobilette Minor Special Review, File #10-Z1823 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 Nobilette Minor Special Review. 

 

  1. 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 fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to 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 County must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.  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. 

 

  1. 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 Minor Special Review approval. 

 

  1. The owner is responsible for obtaining all required building permits.  All applicable fees, including permit fees, shall apply to this use.  Within 90 days from the date of approval, the owner shall obtain all outstanding building permits and inspections for all previous work in the existing building.

 

  1. 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.

 

3.         SOLAR RIDGE, FIRST FILING, LOT 4, BLOCK 3, PARTIAL UTILITY EASEMENT VACATION:   This is a request to vacate the northern two feet of a 10-foot utility easement on the south property boundary of Lot 4, Block 3, Solar Ridge 1st Filing.  No other utilities will be affected by this action.  If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.

 

This application was forwarded to the appropriate departments and agencies for comment.  The responses from these groups indicate that there are no issues of concern.  The Development Services Team recommends approval of the Solar Ridge, Lot 4, Block 3 partial Utility Easement Vacation, File # 10-S3002.

 

4.         AMENDED PLAT OF TRACT A, TIMNATH MEADOWS ESTATES AND TRACT B, SCHWARTZ EXEMPTION:   This is a request to amend the plats of Tract A, Timnath Meadows Estates and Tract B, Schwartz Exemption to adjust the boundary line between the two properties to create two lots of equivalent size.

 

No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  Engineering Department Development Review Team, Code Compliance Section, and Department of Health and Environment.

 

Comments received from the Land Surveyor of the Larimer County Engineering Department identify some required corrections to the plat.

 

Comments from the Addressing Section indicate that there is an improper site location for Parcel Number 87230-09-001.  The parcel is currently addressed off of County Road 5 but it should have an address off of County Road 42E. The Addressing Coordinator recommends that the address to this lot be changed at the time of BCC approval.

 

The proposed amendments to the Timnath Meadows Estates Subdivision and the Schwartz Exemption to adjust the boundary lines to create two lots of equivalent size, 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.

 

The Development Services Team recommends approval of the Amended Plat of Tract A Timnath Meadows Estates and Tract B, Schwartz Exemption, File# 10-S2998, subject to the following conditions and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   The Final Plat shall be recorded by June 6, 2011, 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.   Upon approval of the final plat the owner/applicant of Parcel Number 87230-09-001 shall change the address of this lot to a location off of County Road 42E. The owner/applicant can contact the Building Department at 970-498-7700 to change the address.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Consent Agenda Items 1 through 4, as presented and outlined above.

 

Motion carried 3-0.

 

5.         AMENDED PLAT OF LOTS 3 & 4, BLOCK 15, WEST HIAWATHA HEIGHTS SUBDIVISION AND PARTIAL SHAGWA DRIVE RIGHT-OF-WAY VACATION:   This is a request to amend the plat of West Hiawatha Heights to combine Lots 3 and 4, Block 15, into one lot and vacate a portion of the original platted right-of-way of Shagwa Drive to the south of the subject property. Shagwa Drive is also an existing road to the north of the property boundary. The existing road to the north will not be affected by this application, only the northern nine feet of the unused original platted right-of-way to the south of property is being vacated.

 

Several neighbors called to request information about this project. There was some confusion about the ROW being vacated. After clarifying the request and discussion with staff, no neighbors voiced any opposition to the proposal. Additionally, the following referral agencies have stated that they have no objections to this proposal:  Addressing Section, Code Compliance Section, Department of Health and Environment, and Engineering Department, Development Services.

 

Comments received from the Assessor’s Office and from the Land Surveyor of the Larimer County Engineering Department identify some required corrections to the plat.

 

The proposed amended plat and vacation will not adversely affect any neighboring properties or any county agency.  The amended plat and ROW vacation will not result in any additional lots. Staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Amended Plat of Lots 3 and 4, Block 15, West Hiawatha Heights Subdivision and partial Shagwa Drive Right-of-Way Vacation, File# 10-S3001, subject to the following conditions and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

1.   The Final Plat shall be recorded by June 6, 2011, 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 and the Assessor’s Office.

 

Discussion ensued between the Board and staff regarding the right-of-way for Shagwa Drive and the access to Lots 6A, 6B, 7A, and 7B.  The Board and Ms. Haag recommended that staff have further conference with the affected property owners regarding the new access easements and the potential agreements to be filed.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners table this item until Monday, January 10, 2010, at 3:00 p.m.

 

Motion carried 3-0.

 

6.         OTTE CODE COMPLIANCE HEARING:   The property owner is in violation of Section 4.1.5, O-Open Zoning District, of the Larimer County Land Use Code by virtue of operating an industrial sawmill in the Open Zoning District, which is not an allowed use without Special Review approval. The property owner is also in violation of Section 10.5.E, Sign Code, for the off-premise sign advertising wood burning furnaces for a company out of Laramie, Wyoming.  The subject property is located on Stove Prairie Road, approximately one-half mile north of Buckhorn Road.

 

Notice of this hearing was sent via certified and regular mail to the owners, and by regular mail to all adjacent property owners within 500 feet of the property.

 

On September 21, 2010, Code Compliance received a complaint against the property owner for operating a sawmill and other potential violations. The complainant stated that the sawmill creates noise and odor nuisances. On September 24, 2010, staff met with Mr. Otte at his property to inspect the firewood cutting operation and take photos. Mr. Otte explained that all the lumber was coming onto the property from other locations except for the occasional tree that dies on his own property. Two additional complaints were received on September 27, 2010, with numerous follow-up emails from the original complainant.  Mr. Otte met with staff on September 28, 2010, to discuss his options. At that meeting, a hearing was discussed for the firewood cutting operation and the date was set.

 

Several adjoining property owners have raised concerns about impacts on their quality of life from traffic, fumes, noise and visual impacts caused by this firewood cutting operation.  The site is a residential lot, in a rural area, and it is reasonable to assume that adjoining residential properties will not become industrial properties.

 

Staff findings are as follows:

 

1.   The property is zoned O-Open.

 

2.   A sawmill is listed as an industrial use that requires Special Review approval in an Open Zoning District.

 

3.   Sawmills are defined as:  A facility where logs or partially processed cants are  sawn, split, shaved, stripped, chipped or otherwise processed to produce wood products, not including the processing of timber for use on the same lot by the owner or resident of the lot.

 

4.   Off-premise signs are not allowed in Larimer County.

 

Staff recommends that the Board find that violations of the Larimer County Land Use Code exist, require the owner to come into compliance with county regulations within a time determined by the Board, and authorize legal action if deadlines set by the Board are not met.

 

Staff explained that the Larimer County Planning Commission and Planning Department are currently working on new Land Use Code regulations regarding firewood cutting operations.  The Board discussed the regularity at which firewood cutting and sales businesses operate in Larimer County. 

 

Discussion ensued regarding Mr. Otte’s business and whether it qualifies as a saw mill under the current definition in the Land Use Code, noting that there was insufficient noise and visual impacts on the property.  Further discussion detailing the violation of the sign code regarding the off premises business sign located on the property.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners find that no violation of Section 4.1.5 O-Open Zoning District of the Larimer County Land Use Code exists.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Gaiter further moved that the Board of County Commissioners find that a violation of Section 10.5.E of the Sign Code does exist, and that the off premises business sign must be removed from the property within thirty (30) days of this hearing.

 

Motion carried 3-0.

 

The hearing adjourned at 4:15 p.m.

 

 

 

TUESDAY, DECEMBER 7, 2010

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager.  Chair Johnson presided, and Commissioners Donnelly and Gaiter were present.  Also present were:  Donna Hart, and Deni LaRue, Commissioners’ Office; and Tamara Slusher, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Kathy Dillon-Durica, a member of the Greenbelt Management Committee in Crystal Lakes, requested the Board support of their partnership with the Red Feather Lakes community as they apply to the Front Range Roundtable for participation in a forest restoration and fire risk mitigation project.  Ms. Dillon-Durica further requested that a representative from the Board attend the community meeting which will take place between February 1 and February 15, 2010.  The Board expressed their desire to participate and asked that the details of the meeting be forwarded to Ms. Hart for addition to their schedule. 

 

2.         APPROVAL OF THE MINUTES FOR THE WEEKS OF NOVEMBER 22 AND NOVEMBER 29, 2010:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of November 22, 2010.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of November 29, 2010.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 13, 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 outlined below:

 

12072010A001           DRAINAGE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO, AND THE TERI J. SYSUM TRUST

 

12072010A002           AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR TEAL CREEK P.U.D. BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO, K & M COMPANY, LLLP, AND TEAL CREEK HOMEOWNERS ASSOCIATION

 

12072010A003           LAW ENFORCEMENT AGREEMENT BETWEEN THE TOWN OF WELLINGTON, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LARIMER, COLORADO, AND THE LARIMER COUNTY SHERIFF

 

12072010A004           LAW ENFORCEMENT AGREEMENT BETWEEN THE TOWN OF TIMNATH, COLORADO, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LARIMER, COLORADO, AND THE LARIMER COUNTY SHERIFF

 

12072010R001           FINDINGS AND RESOLUTION APPROVING THE STRATMAN/GRIFFIN APPEAL

 

12072010R002           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 42 AND 43, GLACIER VIEW MEADOWS 1ST FILING AND UTILITY EASEMENT VACATION

 

12072010R003           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 27 AND 40, CRYSTAL LAKES 5TH FILING

 

12072010R004           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE REGARDING BACKYARD CHICKENS

 

12072010R005           FINDINGS AND RESOLUTION APPROVING THE GORDON MINOR SPECIAL REVIEW

 

12072010R006           SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF THE BERTHOUD FAMILY CHURCH

 

12072010R007           SPECIAL REVIEW AND APPEAL FINDINGS AND RESOLUTION DENYING THE PETITION OF PREMIER WELLNESS CENTER

 

12072010R008           SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF THE FLOWER POWER BOTANICALS MEDICAL MARIJUANA GROW OPERATION AND DISPENSARY

 

MISCELLANEOUS:            CDHS Certification of Compliance County Merit System Year 2011;  Department of Human Services Payments for October 2010;  Letter in Support of Crystal Lakes and Red Feather Lakes Communities Partnering with the Front Range Roundtable.

 

LIQUOR LICENSES:         The following licenses were approved and/or issued:  James and Patricia McMillan doing business as Red Feather Liquors – Retail Liquor Store – Red Feather Lakes;  Fort Collins Elks Lodge B.P.O.E. 804 – Special Event 6% - Fort Collins;  Orin Carney doing business as Bighorn Cabins, Inc. – Bed and Breakfast 6% - Bellevue.

 

Motion carried 3-0.

 

5.         APPOINTMENTS TO THE LARIMER EMERGENCY TELEPHONE AUTHORITY:  Mr. Gluckman presented the appointments to the Larimer Emergency Telephone Authority as follows:  Police Chief Dennis Harrison, representing the City of Fort Collins Police Department;  Major Bill Nelson, representing the Larimer County Sheriff’s Department; Randy Lesher, representing the Hospital Districts;  and John Baudek, representing the small communities.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the appointments to the Larimer Emergency Telephone Authority as listed.

 

Motion carried 3-0.

 

6.         COUNTY MANAGER WORK SESSION:  Mr. Gluckman presented two items for the Board’s consideration:  The federal Public Safety Employee Cooperation Act and its impacts to local jurisdictions, and proposed statewide legislation regarding Fort Collins Habitat for Humanity and their requirement to pay property taxes on vacant lots.  Discussion ensued but no action was taken on either topic.

 

Chair Johnson also requested that the Larimer County Road and Bridge Department submit public comment regarding the recent request from the U.S. Secretary of Transportation regarding street signs.

 

7.         COMMISSIONER ACTIVITY REPORTS:        The Board detailed their attendance at events during the past two weeks.

 

8.         LEGAL MATTERS:  There were no legal matters to be discussed.

 

The meeting ended at 9:45 a.m. with no further action taken.

 

 

 

                                                                                                                                               

STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

                                                                                   

Tamara L. Slusher, Deputy County Clerk