Elk in Rocky Mountain National Park
 
> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 05/14/12  

 

 

 

 

 

 

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, May 14, 2012

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principle Planner. Chair Gaiter presided and Commissioner Johnson was present. Also present were:  Brenda Gimeson, Samantha Mott, Michael Whitley, and Rob Helmick, Planning Department; Doug Ryan, Environmental Health Department; Eric Tracy and Mike Johnson, Engineering Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

           

Chair Gaiter opened the hearing with the Pledge of Allegiance, and explained that the following items would not be discussed unless requested to do so by the Board, staff, or members of the audience: 

 

1.  B&M SPACES CONDO MAP, FILE #12-S3105:  This is a request for approval of a Condominium Map to allow for the individual ownership of the three units within the existing commercial building on the property. The subject property is located at 395 Delozier Drive approximately 550-feet north of the intersection of Delozier Drive and Mulberry Street and the property is zoned C – Commercial.

 

A Site Plan Review was approved in 2007 for the development of the property with a 9,600-square-foot, two-story commercial building. The building was constructed in 2008.  

 

Each unit intended for use as a separate condominium unit will require a certificate of occupancy (CO) confirming the occupancy classification/use as determined by the Poudre Fire Authority and Larimer County Building Department pursuant to occupancy criteria found in the Fire and Building Codes. In order to obtain a certificate of occupancy, the owner of each unit will need to submit a building permit application to the Larimer County Building Department and obtain required inspection approvals.

 

The property owners’ association documents include provisions addressing the unit owners’ rights and responsibilities with respect to common areas and facilities. The documents also provide for perpetual maintenance of common facilities by the property owner. A proposed condition of approval stipulates that if property owners fail to adequately maintain the common facilities, the County Commissioners may take over maintenance and charge the cost to the property owners until property owners demonstrate they can adequately maintain the property.  The proposal complies with this criterion.

 

The Development Services Team believes that the B&M Spaces Condominium Map application meets the Condominium Map criteria.

 

The Development Services Team recommends approval of the B&M Spaces Condominium Map 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.    Each unit in the structure intended for use as a separate condominium unit will require a certificate of occupancy (CO) confirming the occupancy classification/use as determined by the Poudre Fire Authority and Larimer County Building Department pursuant to occupancy criteria found in the Fire and Building Codes.     In order to obtain a certificate of occupancy, the owner of each unit shall submit a building permit application to the Larimer County Building Department within 90 days following the date on which the Findings and Resolution is signed by the Board of County Commissioners and must obtain required inspection approvals.

 

2.    If property owners fail to adequately maintain the common facilities, the County Commissioners may take over maintenance and charge the cost to the property owners until property owners demonstrate they can adequately maintain the property.

 

2.         MEADOWDALE HILLS 2ND FILING LOT 102 AMENDED PLAT/EASEMENT VACATION, FILE #12-S3101:   This is a request for an amended plat to incorporate additional property to a lot. This additional land was arguably intended to be included in the original platting of the lot but a combination of issues created a gap across the entirety of the north boundary of the Second Filing of Meadowdale Hills.

 

The intended original boundary was the quarter section line; however, it was initially monumented incorrectly. After a plat was filed for the subdivision, the Bureau of Land Management resurveyed the property, identified the error, and located the quarter corners north of the previously assumed location, which resulted in a gap between the boundary of the subdivision and the National Forest. The applicant has provided a letter from the USFS/BLM indicating they have no interest, in ownership of the land and the sole surviving original developer has quit claimed any interest to the applicant as well. Although there are other adjacent owners that might pursue this land, no others have indicated an interest due to the cost of required survey work.

 

The request to amend the plat of this lot meets the approval criteria and no issues have been identified in the review.

 

The Development Services Team recommends Approval of the Meadowdale Hills Second Filing Amended Plat of Lot 102, file #12-S3101, and vacation and relocation of the 10-foot utility easement located on the north lot line, 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 November 1, 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.

 

3.   The vacation of the utility easement shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded. 

 

 

3.  BECKSTED MINOR LAND DEVELOPMENT, FILE #12-S3102:   This Minor Land Division is proposed, in part, to rectify problems created with an uncompleted exemption. The E.J. Early Exemption, file #106-91, was initiated in 1991 after a lot size variance was granted to allow an 8-acre lot to be created. The exemption was never finished and the file does not reflect any issues that may have caused the incompletion; however, the file does detail some issues with the North Poudre Ditch Company. The current application reflects approval of the ditch company and an easement for the ditch to be placed on the plat. 

 

The current owners were unaware of the problems associated with the creation of their eight-acre lot.  The lot size variance, approved in 1991 allowed for the creation of the lot, and it was deeded to the current owners in 1991; however, the division was never officially completed or approved by the Board of County Commissioners. The applicants now wish to correct the problem as well as create a second 35-acre parcel around the other residence on site, which would leave the 238-acre balance as farm land. The two residences existed prior to the 1991 application and do meet the test for division by a Minor Land Division under today’s regulations.

 

The proposal includes two existing homes and no referrals indicate any issues with the application. The Engineering department has identified the need for the dedication of existing and additional rights-of-way (ROW) for both CR 68 and CR 9. The ROW for CR 68 has a skew at one point for Boxelder Creek and the entire ROW is within the applicant’s property. The Boxelder Creek floodplain also affects this parcel and all of the lots proposed, although none off the residences are affected. The shared access is a result of avoiding an access in the floodplain.  The Engineering Department has requested the delineation of the FEMA floodplain for the creek be depicted on the plat as well. 

 

The Development Services Team has evaluated this request and finds that with certain conditions recommended this request meets the approval criteria for a Minor Land Division. Specifically the Team finds:

 

·  The proposal is neither in a subdivision plat of previously approved exemption.

 

·  The lots proposed either meet the minimum lot area required in the O-Open zoning district or are consistent with previously approved lot size variances.

 

·  The access and traffic impacts do not change with this proposal. 

 

The Development Services Team recommends approval of the Becksted Minor Land Division file, #12-S3102, 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 November 14, 2012, or this approval shall be null and void.

 

2.   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 Fee (in lieu of dedication) and drainage fee. The fee amount that is current at the time of building permit application shall apply. 

 

3.   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.

 

4.   The Plat shall be revised to reflect the right-of-way dedications and Boxelder Creek Floodplain limits, as requested by the Engineering Department. 

 

M  O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as outlined above.

 

Motion carried 2-0.

 

 

4.         BOSWORTH’S ADDITION BLOCKS 9 & 10 AMENDED PLAT AND RIGHT-OF-WAY VACATION, FILE #12-S3103:   This is a request to amend the plat of Bosworth’s Addition, Block 9, Lots 1-4 and Block 10, Lots 15-18 to reconfigure lots lines and vacate portions of 2nd Street, the north half of Myrtle Street, and an alley way.

 

This property is located in Bellvue, north of Rist Canyon Road and is in the Bosworth’s Addition to Bellvue recorded in the early 1900’s. The property is currently zoned O-Open and will remain the same. Lot line changes have occurred in this subdivision over the years and what is in the field is not indicative of what was platted.  The lots as proposed to be amended will reflect what is actually on the ground. 2nd Street was originally platted on the west side of Block 9, between Blocks 9 and 10.  On the ground, 2nd Street is actually on the east side of Block 9.  Myrtle Street is on the south side of Block 9 and north of Block 8. Myrtle Street was never built or used for access purposes. There is an existing carport located in the right-of-way and the applicants have asked that the carport be allowed to stay in its current location. The platted alley way has never been used as an access point and currently does not exist as a roadway. There are existing obstacles (trees and buildings) located within this platted alley way. 

 

There are no proposed changes in the existing access or drainage; however, the request does include a right-of-way vacation that would remove the ability for some of the neighbors to have access through the existing right-of-ways. For that reason, the Engineering Department has requested that the right-of-way vacation of Myrtle Street be denied. Furthermore, the Engineering Department is requesting that the existing alleyway vacation be denied, unless an additional 40-foot access easement along the west property lines, north from Myrtle Street is granted. The applicants have been informed of the request and are contemplating that request. 

 

No neighbors have voiced any objections to this proposal. The following agencies have provided comments or verbally indicated they have no comments to the proposal:

 

·   The Larimer County Department of Health and Environment 

·   The Larimer County Engineering Department

·   The Larimer County Code Compliance Section

·   The Larimer County Addressing Coordinator

 

The Larimer County Engineering Department has made a recommendation for denial of the right-of-way vacation for Myrtle Street and the alley way, or requests that alternative access easement be dedicated. Recommendations and conditions of approval have been proposed to meet these requirements. The Code Compliance Section also noted some building violations and a condition of approval has been proposed to remedy the issues. The remaining agencies indicated they have no objections to this proposal.

 

The request to amend the plat of Bosworth’s Addition, Block 9, Lots 1-4 and Block 10, Lots 15-18 with a right-of-way vacation of portions of 2nd Street and an alley will not adversely affect any neighboring properties or any county agency as long as the 40-foot additional access easement is granted on the west side of the properties for use by the neighboring properties.  Staff acknowledges this amendment will create a non-conforming setback for the barn on Lot 2.  Since the reconfiguration will create an improved situation by including the barn in the lot, staff supports the non-conformity with the understanding that any expansion of the building will be limited due to its non-conformity. The applicant is aware of this limitation and has agreed to it.

 

The vacation of the right-of-way for Myrtle Street will adversely affect the neighboring properties; therefore, a recommendation for denial of that right-of-way vacation is being made.  Even though the existing carport is currently in the right-of-way, it is an illegal building and staff is recommending the carport be removed as it is not permitted in the right-of-way.  A condition of approval has been made for this requirement (see Condition # 5).

 

The Amended Plat and right-of-way vacation will not result in any additional lots and will improve the existing configuration and reflect the lots as they are in the field. The staff finds that the request meets the requirements of the Larimer County Land Use Code with the conditions as outlined below.

 

The Development Services Team recommends approval of the Amended Plat Bosworth’s Addition, Block 9, Lots 1-4 and Block 10, Lots 15-18, File # 12-S3103, with a right-of-way vacation of portions of 2nd Street and the alley way 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.

However, the Development Services Team recommends denial of the vacation of Myrtle Street.

1.   The Final Plat shall be recorded by November 14, 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.

 

3.   The vacation of the easements and the reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded. 

 

4.   A 40-foot access and utility easement along the west side of the amended lots shall be granted north of Myrtle Street for access to the lots to the west or the alley way vacation shall be denied.

 

5.   The owners of each lot shall submit a building permit application to the Larimer County Building Department within 90 days following the date on which the Findings and Resolution is signed by the Board of County Commissioners and must obtain required inspection approvals. The existing carport in the Myrtle Street right-of-way will need to be removed.

 

Ms. Gimeson explained the application, as outlined above. 

 

Jerry Robinson, with Stewart & Associates, represented the applicant. Mr. Robinson stated that they were in agreement with the conditions and recommendations outlined by the Planning Department.

 

Chair Gaiter opened up the hearing for public comment. Richard Brewster, owner of adjacent lots, expressed his opposition to vacating Myrtle Street, noting that they need legal access to the street and subdivision.

 

Karen Morris, adjacent lot owner, stated that she would not support big development on the back lots in the subdivision, as the streets were not built for that type of traffic.

 

Betty Hout, applicant, asked if the water meter on her lot would need to be moved as a result of the easement vacation. Ms. Gimeson confirmed that the water meter would not need to be relocated.  Ms. Hout then stated that she would sign any agreement necessary, and would move the carport when requested to do so.

 

There was no further public comment.

 

Commissioner Johnson stated that it seemed reasonable to allow the structure remain until such time that development occurs.  Chair Gaiter concurred. 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Amended Plat Bosworth’s Addition, Block 9, Lots 1-4 and Block 10, Lots 15-18, file # 12-S3103, with a right-of-way vacation of portions of 2nd Street and the alley way subject to the conditions as listed above and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature and deny the vacation of Myrtle Street, file #12-S3103.  Furthermore, the applicant will sign an agreement with the County stating that they will remove all structures, trees and fences, within 30 days of the property being developed.  

 

Motion carried 2-0.

 

5.         RESERVOIR RIDGE TRAILHEAD APPEAL, FILE #12-G0235:  This is a request for an appeal to Section 8.6.3.C.1 of the Land Use Code to allow the use of a gravel surface in an area proposed for a parking lot, a trailhead, and the associated internal access road. Section 8.6.3.C.1 of the Larimer County Land Use Code states in part that “nonresidential parking areas and associated private local access roads must be paved with asphalt or concrete.”

 

The subject request is being made by the City of Fort Collins as part of their Site Plan Review application for a new trailhead and parking lot. The City is proposing to develop and construct a parking lot, a trailhead, and a trail extension at the Reservoir Ridge Natural Area along North Overland Trail. The trail extension will connect to the existing Foothills Trail system. The site is owned by the City of Fort Collins and is located just west of Overland Trail approximately ¼ mile south of Michaud Lane. This property connects to the Reservoir Ridge Natural Area on the west. 

 

The proposed parking lot and trailhead received approval from the Planning Commission through the Location and Extent process on May 18, 2011. The applicants have submitted for Site Plan Review and it is currently in the process of being reviewed.

 

The applicants have indicated that the gravel parking lot would blend better with the surrounding landscape of the natural area and would help reduce traffic speed which would have less impact on users and wildlife.  In their attached memo the City has included a list of natural areas within the City that have gravel surface parking lots. This site is located within the Fort Collins Growth Management Area.

 

The Development Services Team supports the appeal to the paving requirement with the condition that the access in to the trailhead parking area is widened to help improve the safety of the intersection because of the large median on the opposing access. Staff would like to see the access widened from 24-feet to 36-feet and the paving continued for the first 100-feet. The applicants are currently proposing to pave only the first 30-feet of the proposed access road with asphalt. 

 

Staff received comments from the Larimer County Health and Environment Department and the Larimer County Engineering Department. The Larimer County Engineering Department has indicated that they are in support of this appeal for two reasons:  the proposed traffic generation would generally not warrant the need for a hard surface pavement on a technical basis; and this site is located within the Fort Collins Growth Management Area and the City exempts natural areas and trailheads from the paving requirement.  

 

Staff has received four e-mails from neighbors regarding this request.  One e-mail is in support of the appeal and two e-mails are in opposition to the appeal. 

 

The Development Services Team finds that the appeal request does not subvert the purpose and intent of the Land Use Code and will not have any adverse or negative impacts to the public.

 

The Development Services Team recommends approval of the Reservoir Ridge Trailhead Appeal, file #12-G0235, subject to the following condition:

 

1.    The paved access be widened to 36-feet and lengthened to 100-feet.  The access can start tapering back down to 24-feet in width after the first 50 feet of length.

 

Ms. Mott explained the application, as outlined above.

 

John Stokes, from the City of Fort Collins, stated that they agree to the 100-foot paving requirement and noted that they plan to use recycled asphalt and gravel to control dust emissions.

 

Chair Gaiter then opened up the hearing for public comment. 

 

Bill Sullivan, and Kick Barth, property owner in Poudre Overlook, stated that there was a lack of public process and that that the neighbors should have had a say in whether or not a trail head was approved in this location.

 

There was no more public comment.

 

Mr. Stokes stated that the trail head was considered in response to the surveys which indicated that the neighborhood was in support of this action. Some discussion then ensued regarding which processes require public notification.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Reservoir Ridge Trailhead Appeal, file #10-G0192, subject to the condition as outlined above.

 

Motion carried 2-0.

 

At this time, Chair Gaiter requested that item number 6, regarding Larimer County Code Amendments, be tabled until Commissioner Donnelly is present for the discussion.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners table Item 6 regarding Larimer County Code amendments, until May 21, 2012, at 3:00 p.m.

 

Motion carried 2-0.

 

The hearing recessed at 4:10 p.m., with no further action taken.

 

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

1.         MISHAWAKA EXPANSION OF A NON-CONFORMING USE AND APPEAL, FILE #12-Z1877:   This is a request for approval to expand the outdoor amphitheater area at the Mishawaka. This change would increase, in two phases, the occupancy of the outdoor amphitheater from 322 people to 670 people, with the overall occupancy limit for the entire facility increasing to 1,100 people.

 

The Mishawaka property is zoned O (Open) and is situated approximately 10-miles west of Highway 287, in the Poudre Canyon, on both the north and south sides of Highway 14. Historically, the property for the Mishawaka was 40-acres and straddled the Poudre River; however, a recent land exchange with the Forest Service has reduced the site area to 4.98-acres, all of which is situated on the south side of the Poudre River.

 

The Mishawaka is a long standing non-conforming use in the Poudre Canyon. Over the years the Mishawaka has offered a variety of uses which include a bar and restaurant, a dance hall, a special occasion venue and a music/concert venue. The physical nature of the site and use has remained relatively unchanged, with the exception of a 1988 addition of the outdoor stage. While no formal determination of non-conformity has been established for the use, a base level of occupancy was formulated by the Fire District and the County Planning, Building, and Health Departments. The established occupancy limits allocated to the site are as follows:

 

322 people       =          Outdoor Courtyard/Amphitheater Seating Area

205                  =          Existing Deck, attached to primary building

154                 =          Indoor Dance Hall Area

71                   =          Restaurant/Bar Area

752 people       =          Total Occupant Load

 

As noted earlier, the site is bisected by Highway 14, with the primary building and activities found on the north side of Highway 1, including a restaurant, bar, and dance hall, with an attached deck used for dining and venue seating. Other building/structures on the north side of the road include the green room (staging room) and a storage building, as well as, a stage and outdoor amphitheater seating area. The area just west of the outdoor amphitheater area includes portable restrooms used primarily during concert activities. The remaining buildings, uses and facilities are located on the south side of Highway 14 and include a trailer used as a residential cottage and a building for storage. Additionally, the well and septic system for the property are situated on the south side Highway 14.

 

Access to the site is undefined and generally occurs across the entire frontage of the property along Highway 14. Parking for the use also occurs along both sides of the highway frontage bisecting the property and consists of 106 spaces (45 spaces for staff and performers and 61 spaces for patrons). Additional parking for the use occurs off-site in the Fort Collins City limits, from the off-site parking areas patrons are shuttled to the site via busses.

 

As stated earlier, the expanded occupancy is projected to occur in two phases. According to the application materials the first phase will expand the occupancy of the outdoor amphitheater area from 322 to 520 people, with physical changes to the facility to include additional portable restrooms and various safety improvements. The second phase will increase the occupancy of the outdoor amphitheater area from 520 to 670 people, with physical site improvements to include a permanent restroom facility and upgrades to the sewage disposal system.

 

On the surface, expanding the existing non-conforming Mishawaka seems like an unlikely and unsupportable proposition; however, the expansion, as proposed, will result in changes both operationally and physically that will positively impact the overall health, safety and welfare of the staff and patrons, as well as to residents and canyon users. Furthermore, while it is true that approving an expansion of the use will not solve the parking dilemma at the Mishawaka, dis-allowing the expansion will likely result in no additional improvements. Therefore, the Development Services Team believes that the application and appeals as proposed should be supported as the outcome of such approval will provide an overall benefit that outweighs doing nothing at all. Our support is subject to conditions that ensure the changes are permanent and enforceable.

 

Staff recommends approval of the Mishawaka Expansion of a Non-Conforming Use, file #12-Z1877, subject to the following conditions:

 

1.    The site/use shall be developed/operated consistent with the approved plans and information contained in the Mishawaka Expansion of a Non-Conforming Use, file #12-Z1877, except as modified by the conditions of approval herein. The applicant shall be subject to all other verbal or written representations and commitments of record for the Mishawaka Expansion of a Non-Conforming Use.

 

2.    Failure to comply with any conditions of this approval may result in reconsideration of the use and possible revocation of the approval by the Board of County Commissioners.

 

3.    The county may conduct periodic inspections to the property and reviews of the status of this approval as appropriate to monitor and enforce the terms and conditions of the approval.

 

4.    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 this approval.

 

5.    The occupant loads for Phase 1 shall be as follows:

 520 people      =          Outdoor Courtyard/Amphitheater Seating Area                                (includes 2 decks and stage northwest and west of                           the outdoor courtyard/amphitheater seating area)

205                  =          Existing Deck, attached to primary building

154                  =          Indoor Dance Hall Area

71                    =          Restaurant/Bar Area

950 people       =          Total Occupant Load

 

6.    The occupant loads for Phase 2 shall be as follows:

 670 people      =          Outdoor Courtyard/Amphitheater Seating Area                                (includes 2 decks and stage northwest and west of                           the outdoor courtyard/amphitheater seating area)

205                  =          Existing Deck, attached to primary building

154                  =          Indoor Dance Hall Area

71                    =          Restaurant/Bar Area

1,100 people    =          Total Occupant Load

 

7.    Phase 1 occupancy, as described in Condition 5, shall not be allowed until the following occurs:

a.    As directed by the Larimer County Department of Health and Environment, the applicant shall provide additional portable restrooms and hand washing facilities to accommodate the increased occupancy.

b.    The applicant shall install an eight-foot wide; double door exit and three, four-foot wide doors in the existing fence separating the outdoor amphitheater and Highway 14, west of the primary building. Said exits shall be equipped with panic hardware and signage visible from the north side of the doors stating “Emergency Exit,” and signage on the southern side of the doors stating “Emergency Exit Do Not Block.”

c.    A safety barrier shall be required along the top of the retaining wall to prevent people from falling off the retaining into the river wall. Said safety barrier shall be approved by the Larimer County Engineering Department.

 

8.    Phase 2 occupancy, as described in Condition 6, shall not be allowed until the  following occurs:

a.    The applicant shall provide documentation from the State of Colorado Department of Natural Resources, Division of Water Resources that the existing well on the property is approved for the existing use and proposed occupancy.

b.    The applicant shall replace the portable restrooms with a permanent restroom facility. Said restroom facility shall be sized and designed to satisfy the requirements of the Larimer County Health Department, and all necessary permits shall be acquired before the construction of said restroom facilities and any other related sanitary sewer system modifications.

c.    The applicant shall install three, eight-foot wide, double door exits in the existing fence separating the outdoor amphitheater and Highway 14, west of the primary building. Said exits shall be equipped with panic hardware and signage visible from the north side of the doors stating “Emergency Exit,” and signage on the southern side of the doors stating “Emergency Exit Do Not Block.”

d.    A safety barrier shall be required along the top of the retaining wall to prevent people from falling off the retaining into the river wall. Said safety barrier shall be approved by the Larimer County Engineering Department.

 

9.    The applicant shall control occupancy loads and spaces by continuing to utilize wristband identification system.  Any changes to this identification system shall be approved by the County Planning Director, subject based upon a recommendation from the Fire Chief of the Poudre Canyon Fire Protection District.

10.   A stand-by ambulance with 2 certified EMT’s, whom shall be approved by the Poudre Valley Hospital Medical Director,  shall be on the premise at any concert or like venue planned to exceed an total occupancy of 500 people. 

 

Staff also recommends approval of the Appeal, file #12-Z1877, to Section 8.6.3 of the Land Use Code to allow a off-site parking and bus shuttling feature to off-set the existing and proposed on-site parking deficiencies of 260 parking spaces on the Mishawaka property, subject to the following conditions:

 

1.    The applicant shall provide written evidence disclosing the location and quantity of off-site parking for the Mishawaka in the Fort Collins Area.

 

2.         The applicant shall provide a copy of the contract for the Mishawaka off-site parking areas, which contract shall require that the provisions and use of such parking areas cannot be voided or modified without the coordination and approval of the Larimer County Planning Director.

 

Chair Gaiter opened the hearing to the applicants. Dani Grant and Matt Hoeven addressed the Board to further detail their proposed expansion.

 

Much discussion ensued between the Board and the applicants regarding parking, occupancy control, emergency evacuations, and the planned sanitary sewage plan.

 

Chair Gaiter noted that there was no public present for comment.

 

Commissioner Donnelly questioned whether approval of the current application would be interpreted as the county’s formal acceptance of the property as legally non-conforming. Ms. Haas stated that historically, the county has accepted the property and its uses as legally non-conforming; however, the county and the former property owner could not reach a consensus on the level of non-conformity or the level of use.

 

The entire Board commended the applicants on their work towards making the Mishawaka a more family friendly location and their attention to public health and safety.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Mishawaka Expansion of a Non-Conforming Use, file #12-Z1877, subject to the conditions outlined above.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the appeal to Section 8.6.3 of the Larimer County Land Use Code to allow off-site parking and bus shuttling to off-set the requirement for an additional 260 parking spaces on the Mishawaka property, subject to the conditions outlined above.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 7:30 p.m.

 

 

TUESDAY, MAY 15, 2012

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met a 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Bob Keister, Donna Hart and Deni LaRue, Commissioners’ Office; Undersheriff Bill Nelson, Nick Christensen, and Captain Coleman, Sheriff’s Department; Lorenda Volker, Human Resources Department; Brad March, Attorney for the Town of Wellington; David Ayraud, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Mel Hilgenberg provided an update regarding many community events; and also requested that he be retained as a member of the Extension Advisory Committee, and he expressed interest in serving on the Transit Vision Steering Committee. 

 

Eric Sutherland urged the Board to be good stewards of County GPS equipment, and stated that citizens have the right to reasonable expectations of personal privacy.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 7, 2012: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of May 7, 2012.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 21, 2012:   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 follows:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petitions for Abatements were denied:  Rose Lira; Marilyn Johnson; and Karen Frazee. The following Petition for Abatement was approved:  Tanco Properties, LLC.

 

MISCELLANEOUS:   Larimer County Works Policy: Immunizations.

 

LIQUOR LICENSES:  The following licenses were approved and/or issued:  Westlake Liquor – Retail Liquor Store – Red Feather Lakes; Be Local Northern Colorado – Special Event 6% - Wellington; Larimer Center for Mental Health – Special Event 6% - Loveland; Rotary District 5440 – Special Event 6% - Estes Park; Pot Belly Restaurant & Lounge – Transfer of Ownership – Red Feather Lakes; Trout Tavern – Tavern – Red Feather Lakes.

 

Motion carried 3-0.

 

5.   REQUEST TO EXTEND FIRE RESTRICTIONS FOR 30-DAYS:   Undersheriff Nelson requested that the current fire restrictions be extended for another 30-days, and he also advised the Board that depending upon weather conditions within the next month, he may be requested a ban on the sale of fireworks within the county. Some discussion ensued and this topic will be discussed further at the worksession scheduled for May 31, 2012.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve extending the fire restrictions for 30-days, expiring June 15, 2012.

 

Motion carried 3-0.

 

 

6.  APPOINT INTERIM COUNTY MANAGER:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners appoint Neil Gluckman as Interim County Manager effective May 21, 2012, until the beginning date of an appointed County Manager by the Board of County Commissioners.

 

Motion carried 3-0.

 

7.  COUNTY MANAGER WORKSESSION:  Ms. Maxwell requested that the Board approve a letter to Colorado Parks and Wildlife Department, excluding certain parcels that were not eligible from Payment in Lieu of Taxation, (PILT), which results in an amount of $38,021.93, due to Larimer County. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners authorize the Chair to sign the letter to the Colorado Parks and Wildlife Department, regarding the PILT payment due to Larimer County.

 

Motion carried 3-0.

 

Mr. Gluckman then discussed the possibility of implementing a mobile home policy, and the upcoming panhandling worksession with the Board.

 

8.   INTERGOVERNMENTAL AGREEMENT REGARDING A STAND ALONE FACILITY FOR FORENSIC DISCIPLINES FOR THE NORTHERN REGIONAL LAB GROUP:    Mr. Ayraud and Captain Coleman presented an amendment to the IGA for the Northern Regional Crime Lab; and explained that a fund will be set up for the cost of operations and maintenance, but that building depreciation is not part of the associated costs.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the IGA

 

Motion carried 3-0.

 

05152012A001           INTERGOVERNMENTAL AGREEMENT REGARDING A STAND-ALONE FACILITY FOR FORENSIC DISCIPLINES FOR THE NORTHERN REGIONAL LAB GROUP BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CITY OF GREELEY, THE CITY OF LOVELAND, AND THE CITY OF FORT COLLINS

 

9.    COMMISSIONER ACTIVITY REPORTS:   The Board discussed their activities at events during the past week.

 

10.   LEGAL MATTERS:  Mr. March, requested that the Enterprise Zone issue pertaining to the Town of Wellington, be tabled indefinitely. 

 

There being no further business, the Board adjourned at 10:00 a.m.

 

 

WEDNESDAY, MAY 16, 2012

 

EXECUTIVE SESSION

 

The Board of County Commissioners met a 1:00 p.m. with Neil Gluckman, Interim County Manager. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Lorenda Volker, and John Gamlin; Human Resources Department; Linda Hoffman, Planning Department; and Gael Cookman, Deputy Clerk.

 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners go into executive session to conduct interviews and for personnel matters as outlined in 24-60-402(4)(f) C.R.S.

 

Motion carried 3-0.

 

When the executive session ended, the Board thanked both Lorenda Volker and Linda Hoffman, for applying for the County Manager’s position, stating that both were incredibly qualified for the position and that it was most difficult to make the decision. 

 

Then the following action was taken:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners offer the position of County Manager to Linda Hoffman, and authorize the County Attorney to negotiate the terms of the offer with Ms. Hoffman.

 

Motion carried 3-0.

 

 

__________________________________________

   LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

______________________________________

Melissa E. Lohry, Deputy Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.