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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, April 15, 2013

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioner Donnelly was present. Also present were: Samantha Mott, Planning Department; Clint Jones, Engineering Department; Doug Ryan, Environmental Engineering Department; Bill Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance, and then explained that item #1 was on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience.  Ms. Mott presented some minor changes to the conditions, which pertained to allowing land application of effluent, and some discussion ensued.  There was nobody in the audience that wished to remove this item from the consent agenda.

 

1.         HOME TO HEAVEN AMENDEMNT TO MINOR SPECIAL REVIEW, FILE #13-Z1907:   This request is to amend the previously approved Home to Heaven Minor Special Review, File #10-Z1825, to allow a pet animal veterinary clinic in the FA-Farming zoning district.  The applicant is proposing to add an additional use, an alkaline hydrolysis (AH) unit, which will function as an accessory use to the previously approved veterinary clinic.  The AH unit will be used solely for the Home to Heaven clients for handling of the pet body aftercare rather than outsourcing to local pet crematory services.

 

The AH process uses highly concentrated potassium and/or sodium hydroxide to dissolve animal tissues.  The process is being used as an alternative to cremation.  The residuals from the process include some bone remains (calcium phosphate) and a concentrated liquid containing the dissolved chemicals.

 

The property is a 35 acre lot with an existing house, a barn, and a detached garage. Approximately 936 square feet of the existing detached garage is used for the veterinary clinic.  The proposed AH unit will be located in a portion of the existing barn, approximately 608 square feet.  No new buildings or additions to any existing buildings are being proposed.  The owner currently lives on site.

 

The site is located adjacent to Johnstown city limits on the south and west.  It is located approximately ¼ mile west of County Road 1 to the south of Golden Fields Lane.  The area and is characterized by large lot residential and agricultural properties.

 

Planning Division:  Planning Staff supports the Minor Special Review use as described in this report.  There are no remaining Planning Department concerns for this request.

 

The following review agencies reviewed the proposed Minor Special Review and issued the following comments:

 

1.   The Larimer County Department of Health and Environment has noted that from a standpoint of public health related issues, the main topics that need to be considered include storage and use of the chemicals used in the process, odor control, and management of the hydrolysis effluent.  These concerns are addressed with the conditions of approval for this request.  The applicant was proposing a land application process to apply the effluent as a natural fertilizer, but at this time the Health Department is recommending that the effluent be hauled to a sewage treatment plant until the applicant has provided enough detail and analysis regarding the land application to address the concerns outlined in Doug Ryan’s letter. 

 

The applicant is currently working with the County Health Department on the review of additional information to facilitate the proposal of land application of the effluent.  An update with the current information may be provided at the public hearing.

 

2.   The Larimer County Building Department has indicated that a building permit will be required for the construction of the room in the barn that will be used for this new process as well as any utilities installed for the use. 

 

3.   The Larimer County Engineering Department has indicated that there is not any specific drainage or transportation related issues pertinent to this request, but that no new access points off the County Road will be permitted. 

 

4.   The Larimer County Code Compliance Section has indicated that there are no known building code issues related to this application. 

 

5.   The City of Loveland has only provided comments from the Fire Department which were also provided separately by the Deputy Fire Marshall. 

 

6.   The Town of Windsor has indicated that the proposed use is inconsistent with the Town’s land use designation, but is consistent with the existing use at the site.  They commented that the facility shall comply with all Larimer County Health Department standards. 

 

The applicant has provided a complete application, which upon review by the Development Services Team and by the referral agencies indicates no conflicts or concerns.  The use is one which is consistent with the character of the surrounding area and other uses.

 

The Development Services Team finds that the proposal:

 

·  Is compatible with the existing and allowed uses in the surrounding area and in character with the neighborhood.

 

·  Is a use which is consistent with the Master Plan.

 

·  Can be developed consistent with requirements and standards of the Code.

 

·  Will have no adverse impact on the surrounding area, and;

 

·  Can be constructed and operated consistent with the recommendations of the referral agencies that commented.

 

The Development Services Team recommends approval of the Home to Heaven Amended Minor Special Review, File #13-Z1907, subject to the following conditions:

 

1.   The Site shall be developed consistent with the approved plan and with the information contained in the Home To Heaven Amended Minor Special Review, File #13-Z1907, 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 Home to Heaven Amended Minor Special Review, File #13-Z1907.

 

2.   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.

 

3.   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.

 

4.   The owner is responsible for obtaining all required building permits for any new construction associated with the use including any interior remodeling or change of occupancy permits.

 

5.   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.

 

6.   Storage and management of chemicals associated with the alkaline hydrolysis process must be approved by the Loveland Fire Protection District.

 

7.   Odors from the alkaline hydrolysis process, and the land application process, shall be managed in an adequate manner to prevent complaints or nuisance conditions.

 

8.   Effluent from the alkaline hydrolysis process shall be transferred to a sewage treatment plant for treatment by a licensed hauler, unless provisions are made for land application.

 

9.   Land application of effluent may be allowed if authorized through the Colorado Department of Public Health and Environment Hazardous Material and Waste Management Program related to beneficial use of solid waste. 

 

10.   The applicant will have to comply with the Fire Department conditions.

 

11.   No new access points off the County Road will be permitted.  The existing access must be used.

 

12.   All previous conditions of approval that apply to the original Home to Heaven Minor Special Review, File #10-Z1825, still apply, excepting any changes approved with this application.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda with the noted changes, as listed above.

 

Motion carried 2-0.

 

The meeting adjourned at 3:15 p.m.

 

 

TUESDAY, APRIL 16, 2013

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Neil Gluckman, Donna Hart and Deni LaRue, Commissioners' Office; Bob Herrfeldt, The Ranch; Nick Christensen, Sheriff’s Department; George Hass, Jeannine Haag, and Bill Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:  Mel Hilgenberg updated the Board on community events and provided several suggestions for wildfire control, increased water storage, and Internet sales tax.  He also thanked the outgoing City of Fort Collins council members, and congratulated Mayor Karen Weitkunat on being elected to her second term.

 

Eric Sutherland commented on Tax Increment Financing, prohibition of governments gifting or lending money, and he stated that he is disappointed in the county attorney for ignoring the City of Fort Collins violations and for not implementing the appropriate remedies. 

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 8, 2013:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of April 8, 2013.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEKS OF APRIL 22, 2013, AND APRIL 29, 2013 :  Ms. Hart reviewed the upcoming schedules with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N 

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as published below:

 

04162013A001           CONTRACTOR AGREEMENT FAMILY CONNECTIONS GRANT NO PLACE LIKE HOME PROJECT: EVALUATION OF USING FAMILYGROUP DECISION MAKING TO BUILD PROTECTIVE FACTORS FOR CHILDREN & FAMILIES FOR PERIOD JULY 1, 2012, THROUGH SEPTEMBER 30, 2013

 

04162013D001           DEED OF DEDICATION:  KURT P. ROMMEL AND MARGARET E. ROMMEL

 

04162013R001           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 17 & 18 IN THE GLACIER VIEW MEADOWS 9TH FILING

 

04162013R002           FINDINGS AND RESOLUTION APPROVING THE KECHTER FARM MINOR LAND DIVISION

 

MISCELLANEOUS:   Stipulation as to tax year 2009/2013 value – Bret Larimer LTD, Docket No. 60658, Schedule No. R0290327, and Docket No. 60653, Schedule No. R1609267.

 

LIQUOR LICENSES:  The following licenses were approved and/or issued:  Loveland Country Store – 3.2% - Loveland; Villa Tatra – Hotel and Restaurant – Lyons; JJ’s Lounge – Tavern – Fort Collins; Branding Iron Liquor – Change Location Permit – LaPorte.

 

Motion carried 3-0.

 

5.         UPDATE ON THE USA PRO CHALLENGE:  Ms. Cookman and Mr. Herrfeldt presented an update for the Board on the status of the Regional Intergovernmental Agreement (IGA) and the proposed budget for the event.   Ms. Cookman explained that the IGA is currently being circulated to the City of Fort Collins, City of Loveland, the Town of Estes Park, Town of Windsor, and it will be presented to the Board of County Commissioners for final approval on April 30, 2013.  Discussion ensued regarding the budget, sponsorships, road closures, citizen notifications, and Larimer County’s contribution, which is primarily “in-kind” at this point. 

 

6.         REPORT ON TAX INCREMENT FINANCING :  Chair Johnson presented a graph depicting how the money flows from taxpayers, then run through local governments without their consent, and given to developers for improvements they would normally have to finance.  Chair Johnson described the amount of loss for each entity, which amounts to a staggering $18,437,824 in total loss of property tax dollars. 

 

7.         COUNTY MANAGER WORKSESSION:   Mr. Gluckman explained that the strategic “visioning process” for Larimer County is nearing completion and he asked for the Board to give their feedback on the top five goals to work on. 

 

Ms. Hoffman noted that the Clerk and Recorder vacancy has been posted and they will be screening the applicants soon. 

 

8.         COMMISSIONER ACTIVITY REPORT:  The Board detailed their attendance at events during the past week.

 

9 .        LEGAL MATTERS:   Mr. Hass noted that he is “stepping down” and recommended that Jeannine Haag be appointed as his successor. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners appoint Jeannine Haag as County Attorney, effective May 1, 2013.

Motion carried 3-0.

 

Ms. Haag explained that Mr. Hass will remain a county employee, as they will have a need to  consult with him from time to time.  Ms. Haag also explained that she has chosen Bill Ressue to fill her shoes as Deputy County Attorney.  The Board thanked Mr. Hass for his many years of service to Larimer County. 

 

04162013R003           RESOLUTION ESTABLISHING COMPENSATION FOR COUNTY ATTORNEY AND DEPUTY COUNTY ATTORNEY

 

The meeting adjourned at 10:40 a.m.

 

__________________________________________

   STEVE JOHSNON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Gael M. Cookman, Deputy Clerk

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