> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 04/25/11  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, April 25, 2011

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Rusty McDaniel, Engineering Department; Doug Ryan, Health Department; Jeannine Haag, County Attorney’s Office; and Dana Bouchard, Deputy Clerk.

 

Chair Donnelly opened the meeting with the pledge of allegiance and asked for public comment on the County Budget and Land Use Code.

 

Chair Donnelly explained that the following items are on the consent agenda and will not be discussed unless requested by a member of the Board, staff, or the audience.

 

Joseph Flanigan, requested to remove the second item from the consent agenda, and staff explained that the two items are related and should both be removed. The Board removed both items for public hearing.

 

1.          HORSESHOE VIEW ESTATES LOT 1 & 2 AMENDED PLAT, FILE #10-S3015:  This is a request for an amended plat to adjust the property line between lots 1 and 2 of the replat of tract A of the Horseshoe View Estates Subdivision. The purpose of this application is to align the property boundaries of the lots to the improvements occurring on the lots. The amended plat will also formalize cross access, utility and parking easements that are necessary for the shared facilities on these sites.

 

Staff recommends approval of the Horseshoe View Estates lots 1 and 2 amended plat, file #10-S3015, 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 October 12, 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.    Prior to the recordation of the final plat the applicant shall add a note to the amended plat indicating that all covenants, deed restrictions and other conditions of approval for the original lots will continue to apply to the resultant lots.

 

Chair Donnelly opened the hearing to public comment; however, no one from the audience addressed the Board regarding this matter.

 

2.         LOVELAND PROTESTANT CHURCH SPECIAL REVIEW, FILE #10-Z1834:  This is a request for a special review to change the non-conforming status of the existing church and private school to allow for modifications to the existing church building and on-site parking.

 

On March 16, 2001, the Loveland Protestant Reform Church Special Review application was presented to the Larimer County Planning Commission.  At this hearing two residents provided comments regarding the application, these comments focused on participation by the Church in the road maintenance of adjoining streets serving the property and landscaping around the proposed building addition.

 

After receiving public testimony the Planning Commission made a recommendation of approval, subject to the following conditions, with the addition of condition number 11:

 

1.    This special review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

2.    The site shall be developed consistent with the approved plan and with the information contained in the Loveland Protestant Reform Church Special Review, file #10-Z1834, 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 Loveland Protestant Reform Church Special Review, file #10-Z1834.

 

3.    Failure to comply with any conditions of the special review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners

 

4.    The applicant shall provide a landscape plan for the screening of the new parking lot north of the existing school.  Said landscape plan shall be reviewed and approved prior to any new construction on the property.

 

5.    The applicant shall provide fire sprinklers to the expanded portions of the church in accordance with the referral comments from the City of Loveland Fire Prevention Bureau, dated January 10, 2011, by Romeo Gerfais.

 

6.    The applicant shall sign an agreement to annex form within 60 days of approval of the application.

 

7.    This application is approved without the requirement for a development agreement.

 

8.    In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved special review, 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 special review approval should not be revoked, and/or bring a court action for enforcement of the terms of the 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 special review approval, applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees.

 

9.    County may conduct periodic inspections to the property and reviews of the status of the special review as appropriate to monitor and enforce the terms of the special review approval.

 

10.   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.

 

11.       All outside night lighting on the north side of the new addition of the church shall be shielded to control off-site light impacts.         

 

Chair Donnelly opened the hearing to the applicant, Dave Poortinga, committee for the expansion of the church, who stated his support of the special review.

 

Chair Donnelly opened the hearing to public comment:

 

Joseph Flanigan and Gail Bonomo, nearby neighbors to the church, expressed their concerns regarding traffic and people speeding through the neighborhood in order to access the church parking lot, as well as, increased road damage due to overuse. They suggested providing access to the parking lot on the West side and closing the existing access, which goes through the neighborhood. 

 

Mr. Lafferty explained that the road to the west of the church is a private road owned by a homeowners association and that developing access to the parking lot through this road would only move the traffic to another neighborhood. The road the access is off of now, is a public road and allowed to be used by the church. 

 

Chair Donnelly closed public comment and opened the hearing to the applicant for rebuttal. Mr. Poortinga reiterated that the parking lot access through the neighborhood is only open during church services.

 

Discussion ensued between the Board, staff and the County Attorney regarding possible conditions that could be added to the special review to help with road maintenance. The Board agreed that approval of the special review is consistent with other approvals and encouraged the nearby neighborhood to set up a public improvement district (PID) to help with road maintenance.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Horseshoe View Estates Lots 1 and 2 Amended Plat, file #10-S3015, subject to the conditions outlined above and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature.   

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Loveland Protestant Church Special Review; file #10-Z1834, subject to the conditions as outlined above.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 3:45 p.m.

 

 

TUESDAY, APRIL 26, 2011

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Frank Lancaster, Donna Hart and Deni LaRue, Commissioners’ Office; Charlie Johnson, Mark Peterson and Martina Wilkinson, Engineering Department; Carol Block, Finance Department; Gary Buffington, Kerri Rollins, CJ Cullins, and Jeffrey Boring, Natural Resources Department; Bill Nelson, Sheriff’s Department; Kathryn Rowe, Purchasing Department; Melissa Lohry, Clerk & Recorder’s Department; George Hass, County Attorney’s Office; and Dana Bouchard, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Jim Fry expressed his frustrations with the intergovernmental agreement (IGA) for the Boxelder Stormwater Authority as it exists, and proposed adding an amendment which would specify a dissolution date for the Authority upon the completion of the Coal Creek project.

 

Lee Tucker agreed with Mr. Fry.

 

The Board thanked Mr. Fry and Mr. Tucker for their comments and stated they would follow up on the issue.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 18, 2011: 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of April 18, 2011.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 2, 2011:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda, as listed below:

 

04262011A001           GOCO PILOT-CONSULTING SERVICES FOR YOUTH, FAMILIES AND THE OUTDOORS ANALYSIS AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DESIGN WORKSHOP INC

 

04262011A002           AMENDMENT NO.2 TO RURAL LARIMER COUNTY TRANSIT CONTRACT #10-HTD-08944 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF TRANSPORTATION

 

04262011A003           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION TO CONSTRUCT TURN LANES AT THE CR 19/CR 28 INTERSECTION

 

04262011A004           EASEMENT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CITY OF FORT COLLINS AND THE DEPARTMENT OF TRANSPORTATION FOR THE 1-25/HWY 392 INTERCHANGE PROJECT

 

04262011R001           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT FOR LOTS 28 AND 29 OF THE ESTES PARK ESTATES SUBDIVISION, 2ND FILING AND VACATION OF UTILITY EASEMENT

 

04262011R002           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF GUESWEL EXEMPTION AND GUESWEL/SEARS/SCHARF BOUNDARY LINE ADJUSTMENT

 

04262011R003           FINDINGS AND RESOLUTION APPROVING THE BERTHOUD TIE LINE 1041 APPEAL

 

04262011R004           SECOND RESOLUTION APPROVING A CONTRACT FOR CONSTRUCTION OF AUXILIARY TURN LANES AT LCR 19 AND LCR 28 PROJECT NO. STU C060-054

 

MISCELLANEOUS:   The Larimer County Sheriff’s Office enhanced deferred compensation program.

 

LIQUOR LICENSES:  The following licenses were approved and/or issued:  The Baldpate Inn – Hotel and Restaurant – Estes Park; Carter Lake Sail Club – Special Event 3.2% - Loveland.

 

Motion carried 3-0.

 

5.         ELKHORN PROJECT INC:  Todd Jirsa, Regional Tourism Authority, and Bill Pinkham, Mayor of Estes Park, presented the project to the Board. They are currently working to get the Elkhorn Regional Tourism Application submitted by the deadline of May 5, 2011. This project would include a historic restoration of the Elkhorn Lodge, as well as, the development of a ski/adventure park in Estes Park. Mr. Jirsa and Mayor Pinkham requested the Board submit a letter or support for the project.

 

The Board expressed their support of the project and agreed to send a letter of support.

 

6.         RECOGNITION OF CJ CULLINS NOMINATION AS VOLUNTEER COORDINATOR OF THE YEAR:  Kerri Rollins and Gary Buffington commended Ms. Cullins for her work with the volunteer program.

 

7.         NEW DEPARTMENT OF NATURAL RESOURCES RECREATION MAP:  Gary Buffington and Jeffrey Boring presented the new map to the Board.

 

8.         DISCUSSION WITH SHERIFF’S OFFICE REGARDING FIRE RESTRICTIONS:  Undersheriff Bill Nelson explained that the current Crystal Fire restrictions are scheduled to be in place until May 5, 2011, but recommended lifting them as the immediate danger has passed and the fire bans in Boulder County have also been lifted.

 

The Board agreed it is important to be consistent with other counties.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners rescind the fire ban for Larimer County.

 

Motion carried 3-0.

 

9.         PRESENTATION OF QUARTERLY POLICY GOVERNANCE MONITORING REPORT:  Mr. Lancaster presented the quarterly report to the Board.

 

10.       ASSISTANT COUNTY MANAGER WORKSESSION:  Mr. Gluckman had no items to discuss this week.

 

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

 

12.       LEGAL MATTERS:   Mr. Charlie Johnson requested the Board go into Executive Session for the purpose of developing strategy for negotiations regarding oil and gas activity related to county owned oil and gas rights.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners go into Executive Session for determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators, as outlined in 24-6-402(4)(e) C.R.S.

 

Motion carried 3-0.

 

The Executive Session ended at 10:45 a.m., with no further action taken.

 

 

WEDNESDAY, APRIL 27, 2011

 

ABATEMENT HEARING

 

The Board of County Commissioners met at 2:30 p.m. for two Abatement hearings.  Chair Donnelly presided and Commissioners Johnson and Gaiter were present. Also present were:  Ann Sepulveda, Jason Marks, and Jodi Masters, Assessor’s Office; Edna Nagel, and Tom Langer, Petitioners; and Dana Bouchard and Gael Cookman, Deputy Clerks. 

 

1.  PETITION FOR ABATEMENT – PARCEL NUMBER 97123-26-004:   Ms. Sepulveda described the subject property and presented the comparables used to arrive at a final assessed value of $213,800.  Some discussion ensued regarding cost per square-foot and how the appraisers arrive at that value. 

 

Ms. Nagel presented an appraisal report which reflected a lower value; however, the appraisal was performed outside of the timeframe used to assess property values.

 

The Board agreed that property was valued fair and equitably.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners deny the Petition for Abatement of Property Taxes on parcel number 97123-26-004, and uphold the assessed value of $213,800, for the 2010 tax year.

Motion carried 3-0.

 

2.  PETITION FOR ABATEMENT – PARCEL NUMBER 97164-36-113:   Mr. Marks described the subject property and presented the comparables used to arrive at a final assessed value of $195,500.

 

Mr. Langer requested clarification regarding the time frame that sales comparisons could be submitted, and some discussion ensued.

 

After review of the information submitted, the Board agreed that the property was valued fair and equitably.

 

M O T I O N

Commissioner Johnson moved that the Board of County Commissioners deny the Petition for Abatement of Property Taxes on parcel number 97164-36-113, and uphold the final assessed value of $195, 500 for the 2010 tax year.

 

Motion carried 3-0.

The hearing adjourned at 3:35 p.m.

__________________________________________

   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Dana Bouchard, Deputy County Clerk

 

______________________________________

Gael M. Cookman, Deputy County Clerk