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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, January 9, 2012

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Toby Stauffer, and Brenda Gimeson, Planning Department; Jeff Goodell, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code.  No one addressed the Board with public comment. 

 

Chair Gaiter then explained that the following items are on consent and would not be discussed unless requested by the Board or members of the audience:

 

1.         MARIANNA PARK LOTS 28 & 29 AMENDED PLAT/RIGHT-OF-WAY, FILE #11-S3084:   This is as request to amend the replat of the Marianna Park Subdivision to combine lots 28 and 29 into one lot and also vacate a portion of the Redbird Place right-of-way and County Road 21 right of way, to be combined into the same lot.

 

The original plat of Marianna Park showed Redbird Place as a cul-de-sac; the actual buildout has Redbird Place as a through street. Similarly, County Road 21 exists in a different alignment than it was platted. Those two changes to the original concept have led to this amended plat; the existing roads will remain and their use will not be hindered or diminished; however, the applicant wishes to vacate small pieces of the existing right-of-way which are not being utilized by the current road alignments. In addition, the applicant wishes to dedicate right-of-way for the exiting Redbird Place roadway because Redbird Place continues to County Road 21 instead of terminating.

 

No neighbors have voiced any objections to this proposal. The Department of Health and Environment and the Addressing Section have indicated that they have no objections to this proposal. The Land Surveyor of the Larimer County Engineering Department finds the plat to be acceptable. The Office of the County Assessor indicates that 2010 taxes on the property have not been paid. All prior year taxes must be paid prior to recording the final plat. The Code Compliance Section indicates that a building permit may be required for an enclosed back porch on the house; they are available to assist with permits. The Engineering Department indicates that new construction should meet required setbacks, and utilities should be notified before any construction.

 

The request to amend the plat of Marianna Park Subdivision and Marianna Park Replat to combine Lots 28 and 29, vacate portions of adjacent Redbird Place and County Road 21 right-of-way, dedicate right-of-way for Redbird Place, and combine all resultant acreage into one property, will not adversely affect any neighboring properties or any county agency. The Amended Plat and right-of-way 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 28 & 29, Replat of Marianna Park Subdivision, and partial Redbird Place and County Road 21 Right-of-Way Vacation, file #11-S3084, subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   The Final Plat shall be recorded by July 9, 2012, or this approval shall be null and void.

 

2.   Prior to the recordation of the Final Plat, the property owner shall pay all prior year taxes.

 

2.         LINDER MINOR LAND DIVISION, FILE #11-S3085:   This is a request for a Minor Land Division (MLD) to split a 56.33 acre parcel into two Lots. The subject property is situated along the east side of Overland Trail, approximately ½ mile south of County Road 50E.

 

Lot 1 of the proposed Linder MLD will be for residential purposes and contains an existing residence.  Outlot A, which was a gravel quarry, will be utilized as water storage reservoir and will contain limited support buildings and structures associated with the water storage use.

 

For the purposes of background, on June 27, 2005, the subject property received preliminary plat approval, Spring Green PLD, by the Board of County Commissioners for 21 single family lots and 5 common/open space lots. One of the common/open space lots was, at the time of the preliminary plat application being mined for gravel and thus was proposed in the development application as a future water storage reservoir. Since the Spring Green Planned Land Division was approved, the applicant has pursued Final Plat approval but due to the continued gravel mining and slump in the economy, the development has not come to full realization. However, the mining is complete and the transfer of ownership from the current owner to the water district that will own and manage the water storage facilities is ready. Therefore, this Minor Land Division will cause a division of the property to allow the sale of the water storage area, while maintaining consistency with the intent of the Spring Green PLD preliminary plat approval.

 

Approval of the Linder MLD allows for a change of ownership for a portion of the property, which was approved by the Spring Green PLD, without recordation of the overall development, which is not ready for development due to economic constraints. Because this action is consistent with the preliminarily approved Spring Green Development, the Development Services Team supports the division as proposed by the Linder MLD.

 

The Development Services Team findings are as follows: 

 

1.    The property for the Linder Minor Land Division is not part of a recorded Subdivision plat.

 

2.    The property for the Linder Minor Land Division is not part of an Exemption or Minor Residential Development approved under the previous Subdivision Resolution or a Minor Land Division. 

 

3.    The newly created parcels for the Linder Minor Land Division will meet the minimum lot size required by the applicable zoning district. 

 

4.    The newly created parcels for the Linder Minor Land Division meet minimum access standards required by the County Engineer. 

 

5.    Approval of the Linder Minor Land Division will not result in impacts greater than those of existing uses. 

 

The Development Services Team recommends approval of the Linder Minor Land Division file #11-S3085 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 July 9, 2012, 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.   Outlot A shall be limited to the uses and restrictions as stated on the Final Plat for the Linder MLD, and shall allow for any additional uses, easements and similar development allowances provided and approved by the preliminary plat approval for the Spring Green Planned Land Division and PD file #03-S2210.

 

4.   Approval of the Linder MLD will not change any of the representations or entitlements of the Spring Green Planned Development and Planned Land Division.

 

3.         LITTLE RLUP LOT 1-2 AND RESIDUAL LOT A AMENDED PLAT, FILE #11-S3086:   This is a request to amend the plat to correct the boundary lines and adjust the acreages accordingly. 

 

The subject property, Little R.L.U.P., received final approval in July, 2011, and was recorded at Reception # 20110043904 of the Larimer County records. The project contains 71.959 acres was approved with two (2) single-family residential lots and one (1) Residual Lot that contained an existing single-family residence and one accessory dwelling. None of the lots in this development have sold. 

 

After the final plat was recorded, the surveyor found some additional monuments which adjusted the boundary lines of the Little R.L.U.P. This request is to make a correction to the boundary lines and adjust the lot acreages accordingly. The change to the residual lot acreage does not affect the minimum required residual land (67%) for rural land plans as this development had over 90% residual land when platted. This request is a minor change to the acreages and the amended plat will supersede the original recorded plat when completed. 

 

All covenants, deed restrictions, and other conditions which applied to the original Rural Land Use Plan will continue to apply.  This proposal meets the review criteria and there will be no changes to the historic drainage because of this change.  The proposed Amended Plat for Little R.L.U.P. (Residual Lot A and Lots 1 and 2) meets all conditions of approval stated in Section 5.7.3 of the Larimer County Land Use Code.

 

The Development Services Team recommends Approval of the Little R.L.U.P. Amended Plat, file #11-S3086 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 July 9, 2012, 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.

 

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.

 

4.         SPARK ARABIANS PUBLIC SITE PLAN, FILE #11-PSP0022:   This transition program public site plan review is for an existing equestrian operation consisting of 10 boarded horses, 8 personal horses and 15 trainee visits per week. The parcel is 9.26 acres in size and is north of the Town of Berthoud off of Highway 287 and County Road 15 on 50th Street SW. The property has an existing single-family dwelling and outbuildings, which include indoor riding arena, tack room, hay storage, horse shelters, and runs. The property does have irrigation water available through the Handy Ditch Company.

 

Parking for the facility is mostly on the eastern side of the property near the indoor arena and single-family dwelling, adjacent to other properties in the area. A resource stewardship plan for equestrian operations was submitted outlining the plan for management of the property.

 

The Equestrian Transition Program was in effect from September 7, 2010, through September 7, 2011.  The applicants submitted their application on September 7, 2011.  All existing Equestrian Operations that were in operation prior to January 1, 2009 were eligible for the Transition Program and were eligible to apply to continue operating at the maximum size at which they operated at any time between January 1, 2009, and July 19, 2010. Transition Equestrian Operations were also eligible for a reduced application fee; therefore, the applicant would not be charged the Transportation Capital Expansion fees required of new operations. The applicants submitted an Eligibility Certification stating the maximum size at which they operated during that time was 10 boarded horses, with a total of 18 horses on the property, and the number of equestrian trainee visits at 15. They also indicated they had additional birthday parties at the facility 2 times per year.

 

As required by the Land Use Code, Transition Program Equestrian operations were subject to a Public Site Plan Review. During that review process, some neighbors had no issues with the operation while others indicated they had issues with the speed of traffic accessing the facility, dust and dirt caused by the traffic, the smell and flies associated with horses, and storage of the horse trailers and equipment. Staff contacted some of the concerned neighbors for clarification of their concerns and learned that the neighbors were viewing this operation as an increase in size.  The applicant was notified of the concerns along with a request to contact the neighbors to see about resolving the issues and was asked to provide some evidence of the size of the operation during the transition program period. The application deadline was extended by the planning director until November 30, 2011, to give the applicant time to resolve the neighborhood issues and find the required evidence. At the end of the extension period, the applicant notified staff that no contact regarding the neighborhood issues had been made, no evidence of prior usage for the application could be provided, and requested that the application be reviewed on the property merits and requested a public hearing be held regarding the application. 

 

Issues that surfaced from the neighborhood comments were that of the speed of the traffic accessing the facility, storage of the horse trailers and equipment, dust, odor, and flies from the facility, and the hours of operation. The applicant has not discussed these issues with the neighbors. The best management practices outlined in the resource management plan addresses the issues of odor and flies and the regulations themselves outline the routine hours of operation.  The property has limited storage areas and has some fences and trees that provide limited screening from the neighbors. 

 

The neighbors have also indicated they do not believe this operation existed at the level that is being requested. The Eligibility Certification was signed by the owner as operating at the level requested in this application, 10 horses boarded, 15 trainee visits and a total of 18 horses on the property. The applicant and business owner that is leasing the property has been unable to secure previous business records. Without these records, it is difficult for staff to determine the accuracy of the statements from the property owners or the neighbors. The Public Site Plan process requires that if neighbor comments/concerns can not be resolved, the application will be scheduled for a hearing by the County Commissioners to resolve the outstanding issues. If the County Commissioners find this business was operating at a lower level than requested, this would be the level the operation is eligible for the transition program.  If this operation is reviewed as a new operation, the process would be the same but the applicant would have to pay a larger application fee and the transportation capital expansion fees. 

 

1.         The Larimer County Engineering Department had no comments.

 

2.    The Larimer County Department of Health and Environment concluded that based on the Resource Stewardship Plan, the site plan layout and the level of housekeeping conducted on the property, that the equestrian operation is managed in a way that is compatible with the surrounding properties.

 

3.    The Larimer County Code Compliance Section noted they were unable to locate any building permits for a hayshed and two loafing shed that were constructed in 1996.  If those buildings exceed 120 square foot floor area, building permits are required.

 

4.    The Division of Water Resources had no objection to the submittal.

 

5.    The Larimer County Environmental Planner had no concerns regarding the application.

 

6.    The Handy Ditch Company requested an agreement between the property owners setting forth the provisions for use of the ditch.

 

7.    The Berthoud Fire Department provided comments that they have no issues with the project.

 

8.    The Larimer County Building Department commented that as long as no structures are used for public shows or events with fixed seating provided, there are no comments.

 

Staff findings are as follows: 

 

1.    The public site plan complies with all applicable requirements of the Land Use Code and any applicable supplementary regulations;

 

2.    The public site plan complies with all conditions of approval imposed by the County Commissioners, the Board of Adjustment or Floodplain Review Board under another approval process authorized by the Land Use Code.

 

3.    The proposed use will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood;

 

4.    The proposed use will not result in a substantial adverse impact on other property in the vicinity of the subject property.

 

The Development Services Team recommends approval of the Spark Arabians Equestrian Operation, file #11-PSP0022, subject to the following conditions:

 

1.    This equestrian operation shall utilize the best management practices outlined in the resource stewardship plan checklist submitted for the facility.

 

2.    Building Permits for the hay shed and two loafing sheds constructed in 1996 must be issued within 180 days of this approval. All required inspections must be completed, and the owner must request a final inspection approval within 1 year of the building permit(s) issuance.

 

3.    Outdoor storage of horse trailers is allowed as part of an approved equestrian operation.

a.    Only those trailers that are for use by owners of the property, people associated with the operation, and/or boarded horses may be stored.  General trailer storage is not allowed.

b.    No more than one trailer per horse residing on the property is allowed.

c.    All horse trailers shall be currently licensed and operable.

 

4.    The routine hours of operation open to the public are limited to the hours between 6:00 a.m. and 10:00 p.m.

 

5.    Lights and amplified noise devices associated with the outdoor arenas must be turned off by 9:00 p.m. if the arena is located within 250-feet of a neighboring residence.

 

6.    The existing operation is approved with the facilities as shown on the submitted site plans. No new buildings or additions are allowed as part of this approval.

 

 

Ms. Gimeson briefly explained the application, as outlined above. 

 

The applicant, Doug Duncan, stated that he has resolved the parking concerns with the neighbors, and then explained the property in detail and his traffic control plan. Mr. Duncan stated that there were two buildings on the property that were constructed without proper building permits and he is working to rectify that situation. Mr. Duncan noted that the biggest concern surrounds the amount of horses that are allowed to be on the property; he stated that he is not looking to increase the number, but wants to maintain what has been allowed historically. 

 

Chair Gaiter noted for the record that there was nobody in the audience for public comment; however, Ms. Gimeson presented a letter from a concerned neighbor who could not be present for the hearing. The letter outlined concerns regarding increased odor, flies, dust, lighting, and traffic through the neighborhood. 

 

Mr. Duncan addressed those issues for the Board and explained his manure management program at Commissioner Johnson’s request.

 

The Board agreed that this was a very well managed and well run operation and they supported the application.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Spark Arabians Public Site Plan, file #11-PSP0022, subject to the conditions as recommended and outlined above.

 

Motion carried 3-0.

 

The hearing adjourned at 3:45 p.m.

 

 

TUESDAY, JANUARY 10, 2012

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Neil Gluckman, Donna Hart, and Deni LaRue, Commissioners’ Office; Scott Doyle, and Doreen Bellfy, Clerk and Recorder’s Office; Undersheriff Bill Nelson, and Nick Christensen, Sheriff’s Department; Laurel Kubin, Extension Office; Lorenda Volker, and Bridget Paris, Human Resources Department; Christina Ulrich-Jones, Human Services Department; George Hass, Jeannine Haag, and David Ayraud, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Gary Peterson stated that in his opinion that the Sheriff’s Department is targeting the Medical Marijuana dispensaries and grow operations, and trying to run them out of business.  

 

Eric Sutherland raised concerns regarding finances and responsible government spending.

 

David Bell and Cheryl Distaso again asked the Board to provide financial assistance for those being displaced from the Bender Mobile Home Park.

 

Chris Eikenberg asked the Board to partner with her in forming a youth commission to raise awareness and educate others on childhood diseases.  Ms. Eikenberg also stated that school buses are becoming increasingly late to low income housing neighborhoods, which causes the children to be tardy and subject to interviews with Child Protection Services. Finally, Ms. Eikenberg noted that Federal law states no child shall be interviewed without the parent present, and that the Commissioners might be opening themselves up to a lawsuit, should this practice continue in Larimer County.

 

Mel Hilgenberg requested a hard copy of the transportation plan, and also requested a copy of the congressional district map for the entire state of Colorado. 

 

2.         APPROVAL OF MINUTES FOR THE WEEK OF JANUARY 2, 2012:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of January 2, 2012.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 16, 2012:   Ms. Hart reviewed the schedule for the upcoming week.

 

4.         CONSENT AGENDA:  Chair Gaiter asked for Mr. Doyle and Ms. Bellfy to explain the elections redistricting maps for the listening audience. 

 

M O T I O N

 

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

 

01102012R001           RESOLUTION REGARDING EXTENSION OF APPROVAL – FLOYD HICKS LOTS 2-4 AMENDED PLAT

 

01102012R002           FINDINGS AND RESOLUTION APPROVING THE VACATION OF AN ACCESS EASEMENT ON LOTS 4 & 5 IN HALLETT HEIGHTS SUBDIVISION

 

01102012R003           RESOLUTION REGARDING DEPOSIT OF 2012 FUNDS BY COUNTY TREASURER

 

01102012R004           FINDINGS AND RESOLUTION APPROVING THE DEMMEL LAKE ESTATES PRELIMINARY RURAL LAND PLAN

 

01102012R005           FINDINGS AND RESOLUTION APPROVING THE PAPPAS APPEAL

 

01102012R006           FINDINGS AND RESOLUTION APPROVING THE DRY CREEK RESERVOIR ESTATES PRELIMINARY RURAL LAND PLAN

 

01102012R007           ESTES VALLEY CODE AMENDMENTS – NONCONFORMING ACCESSORY DWELLING UNITS

 

01102012R008           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOTS 2, 3, & 4 IN THE MORNING STAR FARM RLUP AND DITCH EASEMENT VACATION

 

01102012R009           SPECIAL REVIEW FINDINGS AND RESOLUTION DENYING THE PETITION OF SHERYL AND RANDY POPE (FOR BINGHAM HILL ROAD 3924)

 

01102012R010           RESOLUTION TO ESTABLISH PRECINTS

 

LIQUOR LICENSES:         The following licenses were approved and issued:  Jeffrey Engstrom, dba as Horsetooth Liquor – Retail Liquor Store – Fort Collins.

 

Motion carried 3-0.  

 

5.         MENTOR MONTH PROCLAMATION FOR JANUARY 2012:  Ms. Ulrich-Jones introduced mentoring volunteers Sandra Pilkington and Jeannette Gaiter, and then explained the importance of the mentoring program and need for mentoring volunteers  Ms. Ulrich-Jones requested the Board proclaim January 2012 as Mentor Month in order to raise community awareness surrounding this topic.

 

Commissioner Donnelly read the proclamation aloud.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners proclaim the month of January 2012 as Mentor Month.

 

Motion carried 3-0.

 

6.         APPEAL FOR SPECIAL EVENT PERMIT:  Mr. Lancaster  explained that the Ride the Rockies bicycle tour is requesting an appeal to the special events process in order to use some roadways in Larimer County that are already booked for two other events within the same rolling 30-day time period. Discussion ensued and the Board agreed to schedule a formal hearing during the evening hours to allow citizens the opportunity to voice their opinions on this appeal. The hearing will be set for January 23, 2012, at 6:30 p.m.

 

7.         REVIEW REVISED POLICY 100.7 RULES OF PROCEDURE FOR LARIMER COUNTY BOARD OF COMMISSIONERS:  Mr. Lancaster presented the revisions for Policy 100.7 and reviewed them with the Board.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the revisions to Policy 100.7 Rules of Procedure for Larimer County Board of Commissioners.

 

Motion carried 3-0.

 

MISCELLEANEOUS :    Policy 100.7 Rules of Procedure for Larimer County Board of Commissioners

 

8.         EXECUTIVE SESSION REGARDING PERSONNEL MATTER:  Undersheriff Nelson requested that the Board go into executive session to discuss a personnel matter.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners go into executive session for Personnel Matters, except the affected employee(s) may request an open meeting, as outlined in 24-6-402(4)(f) C. R. S.

 

Motion carried 3-0.

 

The executive session ended and the following action was taken:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve a waiver to disallow a market adjustment and not provide a 2012 merit increase for Lieutenant Andy Josey.

 

Under discussion of the motion Commissioner Johnson clarified for the record that this action has nothing to do with Lt. Josey’s performance, but that it pertained to restructuring that had already taken place within the Sheriff’s Department.

 

Motion carried 3-0.

 

9.         WAIVER OF HIRING FREEZE REQUEST:  Ms. Kubin requested that the Board waive the county’s hiring freeze so that existing county funds can be used to hire a Limited Term 4-H program assistant. Some discussion ensued.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners waive the Larimer County hiring freeze and allow the Extension Office to hire a Limited Term 4-H program assistant.

 

Motion carried 3-0.

 

10.       COUNTY MANAGER WORKSESSION:  Mr. Lancaster updated the Board on the status of the Business Analyst reorganization, noting that they plan to reduce the number of Business Analysts from 18 to 9, and reclassify those 9 to Senior Process Analysts or Senior Application Analysts. Some discussion ensued.

 

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

 

12.       LEGAL MATTERS:   Mr. Hass requested that the Board go into executive session to discuss pending litigation.

 

M O T I O N

 

Commissioner Donnelly moved that the Board go into executive session for determining positions relative to matters that may be subject to negotiations; developing strategy for negations; and instructing negotiators, as outlined in 24-6-402(4)(e) C. R. S.

 

Motion carried 3-0.

 

The executive session ended and the following action was taken:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve to fully defend and indemnify Sheriff Justin Smith and Undersheriff Bill Nelson in the lawsuit filed against them by Jay Harrison, against all claims made against them individually including claims for possible punitive damages or willful and wanton conduct.

 

Motion carried 3-0.

 

There being no further business, the meeting adjourned at 11:30 a.m.

 

 

 

 

__________________________________________

  LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

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