MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
County offices were closed on Monday in observance of Memorial Day.
TUESDAY, MAY 28, 2103
The Board of County Commissioners met at 9:00 a.m. with Assistant County Manager Neil Gluckman. Chair Pro Tem Donnelly presided, and Commissioner Gaiter was present. Also present were: Linda Hoffmann, Donna Hart, and Deni LaRue, Commissioners’ Office, Vaughn Baker, and Kyle Patterson, Rocky Mountain National Park; Terry Gilbert, and Michelle Yeager, Planning Department; and Gael Cookman, Deputy Clerk.
Chair Pro Tem Donnelly opened the meeting with the pledge of allegiance.
1. PUBLIC COMMENT: Mel Hilgenberg touched on cultural and patriotic events in the community. He then noted that although he was grateful for the outcome of his dispute with the Human Services Department, he stressed his opinion that the complaint resolution process is broken and does not serve the purpose it was intended for.
Eric Sutherland expressed his disappointment that the Intergovernmental Agreement scheduled to be discussed this morning was not available to the public prior to this meeting. He also voiced further frustrations at the City of Fort Collins Council and management for what he perceives as their complete lack of competence in fulfilling their duties to the community.
Greg Leverett stated his frustrations at not being given due diligence with regards to Child Protection Services. He also stated his opinion that Commissioner Johnson was not being forthright in his performance of duties with regards to EIA testing.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 20, 2013:
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of May 20, 2013, as amended.
Motion carried 2-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEKS OF JUNE 3, JUNE 10, AND JUNE 17, 2013 : Ms. Hart reviewed the upcoming schedules with the Board.
4. CONSENT AGENDA:
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the following items on the consent agenda, as listed below:
05282013A001 LAND INFORMATION SYSTEM AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TYLER TECHNOLOGIES
05282013D001 DEED OF DEDICATION – PHELDOR INVESTMENTS, LLC
05282013R001 RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR WILLOWS PUBLIC IMPROVEMENT DISTRICT #45
05282013R002 RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR BOYD’S WEST PUBLIC IMPROVEMENT DISTRICT #56
05282013R003 RESOLUTION DECLARING THE INTENTION OF THE BOARD OF COUNTY COMMISSIONERS TO CREATE A LOCAL IMPROVEMENT DISTRICT NO. 2013-1, BERTHOUD ESTATES
MISCELLANEOUS : Consent to assign with Marathon Oil; Department of Human Services Payments for April 2013; Recommended mid-term appointment of Larry Davis to GID #2 Pinewood Springs; Recommended mid-term appointment of Dennis M. Thompson to PID #39 Rainbow Lake Estates.
LIQUOR LICENSES: The following license was approved and/or issued: Animal Rescue of the Rockies – Special Event 6% - Bellvue; Mountain View Youth Athletics – Special Event 6% - Loveland; Fort Fun – Tavern - Fort Collins; Sandy’s Convenience Store – 3.2% - Loveland.
Motion carried 2-0.
5. ROCKY MOUNTAIN NATIONAL PARK UPDATE : Mr. Vaughn displayed a PowerPoint presentation and gave an in-depth report on the status of Rocky Mountain National Park. Topics included: visitor count, budget, vegetation management, fencing, bear management, hazard tree management, search and rescue operations, and road reconstruction.
The Board thanked Mr. Vaughn for his presentation.
At this time Commissioner Johnson joined the meeting via teleconference.
6. INTERGOVERNMENTAL AGREEMENT (IGA) REGARDING THE NORTH CATALYST URBAN RENEWAL PROJECT IN THE AMENDED BLOCK 41-FINLEY’S ADDITION URBAN RENEWAL PLAN: Ms. Hoffmann presented the IGA for the expansion of the Finley Urban Renewal Authority in Loveland. She noted that staff has worked with the City of Loveland to come up with a plan that is fair and helps revitalize the area. Ms. Hoffmann stated that the City of Loveland will “share back” the sales tax generated in this area, which they are not required to do; however, they realize it helps government on all sides in the effort of stimulating development.
The Board agreed, and recognized the fact that the municipalities are not required to “work with” the counties, so this is truly a collaboration of efforts and, as such, a win/win.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the Intergovernmental Agreement Regarding the North Catalyst Urban Renewal Project in the Amended Block 41-Finley’s Addition Urban Renewal Area.
Motion carried 3-0.
05282013A002 INTERGOVERNMENTAL AGREEMENT REGARDING THE NORTH CATALYST URBAN RENEWAL PROJECT IN THE AMENDED BLOCK 41-FINLEY’S ADDITION URBAN RENEWAL PLAN AREA
7. WORKSESSION: Ms. Hoffmann requested the Board’s approval for a letter of support for a grant from the U.S. Department of Interior Bureau of Reclamation for the Coalition for the Poudre River Watershed to secure funds for their physical recovery operations. Consensus of the Board was to approve this request.
8. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities at events during the past week.
9. LEGAL MATTERS: There were no legal matters to discuss.
The meeting recessed at 11:10 a.m.
LAND USE HEARING
The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Pro Tem Donnelly presided, and Commissioner Gaiter was present. Also present were: Terry Gilbert, Samantha Mott, Brenda Gimeson, Rob Helmick, Karin Madson, and Brenda Gimeson, Planning Department; Clint Jones, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney; and Gael Cookman, Deputy Clerk.
Chair Pro Tem Donnelly opened the hearing with the Pledge of Allegiance, and explained that items 1-5 were on consent and would not be discussed unless requested to do so by the Board, staff, or members of the audience. No one wished to remove an item from consent.
1. HILL EXEMPTION AMENDED PLAT/BOUNDARY LINE ADJUSTMENT, FILE #13- S3163: This is a request to combine the W ½ of the E ½ of the SE ¼ of the SW ¼ of Section 28, Township 8 North, Range 71 West of the Hill Exemption, with a metes and bounds parcel owned by the same person. This property and the 40-acre parcel to the north were involved in the High Park fire and both residences burned. The majority of this property is in the path of the drainage on the downward side of the slope. To assist in relocating and rebuilding the home to a more appropriate location, the owner purchased approximately 1 acre of land from the larger parcel to the north. The applicant is concurrently doing a Boundary Line Adjustment and combining this new acreage with the existing legal lot in the Hill Exemption. No new parcels or lots are being created with this amendment.
The following Larimer County agencies have stated that they have no objections to this proposal:
· Department of Health and Environment
· Development Review Section of the Engineering Department
· Addressing Section
All the affected utility companies have agreed to the request stating no conflict. The County Planning Staff and County Land Surveyor have noted some corrections needed to the final plat. Comments received from the Code Compliance Section indicate some building permit issues. These permit issues are not directly related to the boundary changes; therefore, no conditions of approval have been made. The applicant can contact the Code Compliance section for more information on how to obtain applicable permits.
The proposed amended plat to combine the W ½ of the E ½ of the SE ¼ of the SW ¼ of Section 28 of the Hill Exemption, with a metes and bounds parcel owned by the same person, will not adversely affect any neighboring properties or any County agency. The Amended Plat will not result in any additional lots. Staff finds that with the conditions as listed below, the request meets the requirements of the Larimer County Land Use Code.
The Development Services Team recommends approval of the Hill Exemption Amended Plat for the W ½ of the E ½ of the SE ¼ of the SW ¼ of Section 28, Township 8 North, Range 71 West, File #13-S3163, 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. All conditions of approval shall be met and the Final Plat recorded by November 28, 2013, 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 County Planning staff and by Dale Greer, Land Surveyor of the Larimer County Engineering Department.
3. The reconfiguration of the lot lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded.
2. SPRING GULCH RANCH ESTATES 2ND FILING LOTS 4 & 7 AMENDED PLAT, FILE #13-S3164: This is a request to clarify the record regarding lots 4 and 7 Spring Gulch Estates 2nd Filing. Platted in 1973 the owner of the lots at that time requested they be removed from the subdivision. The Board of County Commissioners approved the request; however, no formalization occurred. The lots have been treated as lots since the original owners sold them.
The applicants acquired these parcels in 1999. The legal description was for lots 4 and 7 of Spring Gulch Ranch Estates 2nd Filing. Prior to the platting of the 2nd Filing, the Collard’s sold some property to the Niccore’s. This land was included in, and is within, the boundary of the plat for the 2nd Filing. In 1977, the Niccore’s discovered that the land they owned was being taxed and was in the subdivision. They objected and then petitioned the Board of County Commissioners to vacate the land from the subdivision. There is reference in the minutes of this and it appears the Board of County Commissioners approved the request. However, no formalization of the Board’s action was ever completed. Since that time the lots have sold several times and have always had both a meets and bounds description as well as an “a/k/a” description of the two lots. These subsequent owners have apparently been paying road assessments and felt they were a part of the subdivision and the land has been treated as two lots for the purpose of property taxes.
The Development Services Team recommends Approval of the Spring Gulch Ranch Estates Second Filing Lots 4 & 7 Amended Plat File #13-S3164.
3. GREEN ACRES CANINE BOARDING SPECIAL REVIEW, FILE #12-Z1901: This is a request for approval of a Pet Animal Facility in the FA-1 – Farming Zoning District. This item was on the consent agenda for the May 8, 2013, Planning Commission public hearing at 6:30pm. At the hearing, Staff presented the Development Services Team report recommending approval of the proposed Special Review and approval of the proposed appeal to Section 8.6.3.C.1 of the Land Use Code.
At the hearing several Planning Commission members had questions for staff. The questions for staff were regarding noise mitigation, the approval running with the land, compatibility, and the two one day only canine adoption events. The item was then removed from the consent agenda so the Commissioners could ask the applicant questions regarding the canine adoption events. The item was then opened up for public comment and three neighbors spoke in support of the request.
After taking testimony the Planning Commission deliberated and voted 7 to 0 to recommend approval of the Special Review to the Board of County Commissioners with the conditions proposed by the Development Services Team.
Two e-mails, one in support and one in opposition of the Special Review were received after the Planning Commission report was written. Those e-mails are attached to this report.
The Planning Commission and the Development Services Team recommend to the Board of County Commissioners that the Green Acres Canine Boarding Special Review, File #12-Z190, be approved subject to the following conditions:
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 Green Acres Canine Boarding Special Review, File #12-Z1901, 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 Green Acres Canine Boarding Special Review.
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. This application is approved without the requirement for a Development Agreement.
5. The facility shall operate under the following conditions:
e. No more than 15 dogs shall be boarded on the property at any one time.
f. Dog food must be stored indoors and the dogs shall not be fed outside.
g. The use shall be limited to boarding activities only.
h. Only two one-day only canine adoption events are allowed per year.
6. Transportation Capital Expansion Fees must be paid within 60 days of the Findings and Resolution being recorded.
7. The applicant shall provide evidence that an Outside City Water Service Agreement for this parcel has been provided to the City of Loveland prior to the Board of County of Commissioners’ Hearing.
8. The applicant shall comply with the Loveland Fire Rescue Authority requirements as outlined in the letter from Carie Dann dated March 4, 2013.
9. 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 County, County may withhold building permits, issue a written notice to 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 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 County including, but not limited to, reasonable attorney’s fees.
10. 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.
11. 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.
4. HIGH PARK FIRE RESOLUTION AMENDEMENT, FILE #13-CA0129: This is a request to make housekeeping changes to The High Park Rebuilding Program Resolution, sections 4.1.G (temporary emergency housing), 4.2.D. (temporary emergency accessory structures) and add a section 4.6.D. (setback certification)
The proposed amendments to the High Park Rebuilding Program Resolution were on the consent agenda. The Planning Commission passed a unanimous recommendation for approval of the amendments.
The Planning Commission and Development Services Team recommendation:
BE IT RESOLVED that the Planning Commission recommends to the Board of County Commissioners approval of the Amendments to the Larimer County Land Use Code, file #13-CA0129, as follows:
1 . Modify Section 4.1.G. as follows:
G. A building permit is required for a temporary emergency housing unit, except for Recreational Vehicles (RV) or Membrane Structures used for 180 days or less in a calendar year. A building permit is required for Recreational Vehicles (RV) or Membrane Structures used for more than 180 days. The structure must comply with all applicable building, fire, electrical mechanical and related codes.
2 . Modify Section 4.2.D. as follows:
D. A building permit is required for temporary emergency accessory structures except for Recreational Vehicles (RV) or Membrane Structures used for 180 days or less in a calendar year. A building permit is required for Recreational Vehicles (RV) or Membrane Structures used for more than 180 days. The structure must be in compliance with all applicable building, fire, electrical, mechanical and related codes.
3. Add a Section 4.6.D. as follows:
D. The Planning Director may waive the setback certification requirement for structures within the High Park Fire Rebuilding Program.
1. The proposed changes are consistent with the Master Plan and the intent and purpose of the Land Use Code.
2. The proposed changes are necessary to correct an omission or error in the Land Use Code.
3. The proposed amendments satisfy the above review criteria for changes to the text of the Land Use Code.
5. LAND USE CODE AMENDMENTS, FILE #13-CA0130: This is a request to make housekeeping changes to Land Use Code, sections 18.2.1.D.3. (manufactured home), 18.3.5.E. (recreational vehicle parks), 5.3.2.F., 5.3.7.G.1. (conservation development) , table 12.3.1. (notice of public hearing), 8.6.1. (private local access road), 4.3.1.G. (equestrian operation) and 5.8.6.D.3.e.4. (rural land use process)
The proposed housekeeping code amendments were on the consent agenda. The Planning Commission passed a unanimous recommendation for approval of the amendments.
The Planning Commission and the Development Services Team recommendation:
BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of the Amendments to the Larimer County Land Use Code, file #13-CA0130 as follows:
1. Amend section 18.2.1.D.3. as follows:
Manufactured homes may be used to provide temporary housing for up
to 18 months during construction of a principal building. The building permit
to place the manufactured home must be issued at the same time as the building
permit for the principal building
(See section 4.3.9.D).
2. Amend section 5.3.2.F. as follows:
All residual land must be maintained and remain undeveloped in
perpetuity in accordance with appropriate use plan for residual land and/or
common area as provided in
section 8.10 188.8.131.52. of this code, except in cooperative
planning areas (CPAs) where a conservation development may be an interim
development while waiting for full development at urban densities in a GMA
3. Amend section 5.3.7.G.1. as follows:
The color, materials, size, height and lighting of entry features,
signs and related structures must be compatible with the proposed development
and the maintenance of views of the natural landscape, public parks and open
space. Standards for signs are found in section
8.7 10 (signs)
of this code.
4. Change a portion of the table 12.3.1. as follows (under planning commission):
5. Amend section 18.3.5.E. as follows:
The storage of unoccupied recreational vehicles as an accessory
use to a single family dwelling is addressed in
The storage of recreational vehicles as a business requires
property that is zoned C-commercial, I-industrial or I-1 heavy
industrial and requires approval through the site plan review or minor
special review process as provided in section
4.3.7.H (outdoor storage).
6. Amend section 8.6.1. (applicability of private local access road standards) as follows:
This section applies to all applications for subdivision, conservation development, planned land division, minor land division, minor special review, special review, special exception and, public site plan review and site plan review.
7. Amend a portion of the table in section 4.3.1.G. as follows:
Use allowed as follows:
Horse Keeping- Some equestrian uses may be Accessory Horse Keeping and are
not considered to be Equestrian Operations in this chart. Please see Section 4.3.10.
8. Amend section 5.8.6.D.3.e.4. as follows:
4) Road name signs and traffic control devices. All road name signs and
traffic control devices must conform to the standards listed in
Article VII, Sec. 10-175 of the Code of Larimer County Road Naming and Site
in Chapter 4.10
and standard drawings 8, 9, and 10 of the rural area road standards.
A. General. This section describes general signing design requirements for
use in unincorporated Larimer County. All design and construction of signing
shall be in conformance with this section and the current requirements of the
Manual on Uniform Traffic Control Devices (MUTCD). If there are discrepancies
between these standards and the MUTCD, the MUTCD will take precedence. For the
purposes of this section, 'roads' and 'streets' mean the same thing.
B. Traffic signing.
1) Type and location of signs. The county engineer shall make the final
determination regarding the type and location of signage controls within the
right-of-way or access easement. These controls shall include traffic control
signs, road name signs, delineators, and permanent barricades.
2) New roadway. Permanent signage, unless otherwise approved by the county
engineer, shall be completely in place before any new road or access easement
is opened for use.
3) Sign posts, supports, and mountings. Sign posts and their foundations
and sign mountings shall be constructed to hold signs in a proper and permanent
position, to resist swaying in the wind or displacement by vandalism.
Sign post. The post shall be constructed in two sections:
12-gauge galvanized steel square stub section with holes, three feet long, is
driven into the ground 30 to 33 inches with three to six inches remaining above
the final grade. The sign post system's material specification is Telspar
22F12A 03PG, or approved equal, two-inch × three feet anchor post with
A 1 ¾ -
inch square galvanized steel post section with holes is inserted into the stub
and bolted. The material specification is Telspar 20F12P-10PG, or approved
equal, 1 ¾-inch square 12-gauge ten-foot post with holes. Posts shall be
installed six to eight inches into the anchor (stub), which has three to six
inches sticking out above the final grade.
Post bolts. Two 2-½-inch long, ⅜-inch hex head bolts are used to
attach sign posts to sign anchor (stubs). These bolts shall be separated by one
predrilled hole space and installed 90 degrees to one another.
Sign bolts. Signs are mounted to the post with a minimum of two bolts
(5/16-inch with nylon and metal washers) or standard rivets (TL3806 EG, drive
rivet) with nylon washers placed against the sign face. The bolt or rivet
system is used to fasten signs to the square tube post.
Other sign mounts. Streetlights and
approved utility poles, when located appropriately, may be used for signs such
as warning, parking, and speed limit signs. Streetlight locations should be
checked for potential sign installation during the design process and shown on
the sign plan sheets.
Breakaway post system. Posts must be of appropriate length to comply with
MUTCD specifications for the location, must conform to CDOT Specification
Section 614, and must meet the Federal breakaway standards.
4. Sign reflectivity. All traffic control signs must be fabricated with
reflective materials. All reflective materials must meet the requirements of
the current requirements of the MUTCD. All signs or traffic control devices
must have a seven-year materials warranty.
5. Panel gauge. Aluminum blanks of .080 gauge are standard, except for
signs larger than 36 × 36 inches, which shall be .100 or .125 gauge aluminum.
1. Street name sign
General. All road name signs must conform to these standards, See Exhibits
(Same as Plate 29 and 30 added to the Road Manual). If the intersection has a
traffic signal, road name signs will be designated as part of the signal.
Sign assembly. All plates shall be installed with end bolts on all plates.
There shall be two plates for each road, with a minimum of four plates per road
sign assembly. For non-county maintained roads intersecting with numbered
county roads, the only sign panels will be for the private road. There will not
be any sign panels for the county road.
Letter size. Refer to the following
table and Exhibits (Plate 29 and 30) same as added to the Road Manual) for
letter size specifications.
* The minimum letter height for the
"PRIVATE" designation is 1.5 inches
For all public and private roadways, including access easements,
letters and numbers are to be white on a green background face. For all private
roads, the word "PRIVATE" shall be included on the sign as shown on
Exhibits (Plate 29 and 30 added to the Road Manual). The colors shall not fade
when exposed to an accelerated test of ultraviolet light equivalent to five
years of outdoor exposure. No silk screened signs are permitted.
There shall be no borders on road name signs.
Road name. Road name designations
shall be obtained from the approved plat for a land division or shall otherwise
be assigned by the county addressing coordinator.
Change of name. At the point where a
road changes names from one section to the next, the change should be designated
on the road name assembly by using directional arrows and will require two
No outlet signs. On any
cul-de-sac, temporary dead-end road, or any other roads with only one
access point a "No Outlet" (W14-2a) sign may
be placed under the road name signs.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda, as outlined above.
Motion carried 2-0.
The hearing adjourned at 3:05 p.m., with no further action taken.
THURSDAY, MAY 30, 2013
LIQUOR LICENSE HEARING FOR
COLORADO CHERRY COMPANY
The Board of County Commissioners met at 2:00 p.m. with Jeannine Haag, County Attorney. Chair Pro Tem Donnelly presided and Commissioner Gaiter was present. Also present were Anthony Lehnert and Kristi Lehnert, applicants; Denise Ruybal, Clerk and Recorder’s Office; and Dana Bouchard, Deputy Clerk.
Ms. Bouchard placed the applicants under oath and Ms. Haag explained that this hearing is to review the Beer and Wine License for the Beartage Chateau, LLC dba Colorado Cherry Company. Ms. Haag presented Exhibit A, a photo of the posting on the premises and Exhibit B, the petition from the neighborhood, which established the needs and desires of the surrounding neighborhood. Ms. Haag then asked the applicants a series of questions regarding the application and their plans for operation. The applicants explained their intentions to have all staff go through the TIPS Alcohol Training prior to serving any alcohol. Ms. Lehnert also explained that they will have a no tolerance policy for underage drinking and plan to have a manager on site at all times.
Ms. Haag noted for the record that no one was present to voice support or opposition to granting the Beer and Wine license.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the application for a Beer and Wine license for Beartage Chateau, LLC dba Colorado Cherry Company, located at 12311 N St. Vrain Dr, Lyons, Colorado. License approval is contingent upon the applicant’s background investigations coming back satisfactorily.
Motion carried 2-0.
The hearing adjourned at 2:25 p.m.
TOM DONNELLY, CHAIR PRO TEM
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk
Dana S. Bouchard, Deputy Clerk