MEETING OF THE BOARD OF COUNTY COMMISSIONERS BOULDER COUNTY

Thursday, September 29, 2022 at 11:30 A.m. - 12:30 P.m.

Thursday, September 29, 2022 at 1:30 P.m. - 2:30 P.m.

Third Floor Hearing Room

County Court House

1325 Pearl Street, Boulder

Members Present:

• Commissioner Marta Loachamin
• Commissioner Claire Levy
• Commissioner Matt Jones

Please note: The County Commissioners' Office is conducting all business remotely under current COVID-19 restrictions. We apologize for any inconvenience this may cause. Virtual Public Meeting and Hearing information can be found at https://boco.org/Meeting-Portal.

 

[Note: All documents referred to in these Minutes of Commissioners’ Proceedings are on file and may be reviewed in the Office of the Boulder County Commissioners.]

 

 

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1.

CALL TO ORDER

The County Commissioners may have meetings with local, state and federal officials involved with response and recovery from the Marshall Fire at various times and in various locations, often with very short notice, in addition to the meetings included on this agenda.

The Board of County Commissioners of Boulder County met in Regular Meeting in full conformity with the law and resolution of said Board at the regular place of virtual meetings, Zoom Webinar, on September 29, 2022. 

The meeting was called to order at approximately 11:35 a.m. by Chair Marta Loachamin.

2.

9:30 a.m. PUBLIC HEARING [TABLED INDEFINITELY]

Please Note: The Public Hearing for Docket LU-22-0013/SPR-22-0051: Nelson Residence scheduled for Thursday, September 29 at 9:30 a.m. has been tabled indefinitely.

3.

11:30 a.m. PUBLIC HEARING

3.a

Boulder County Housing Authority's Annual Plan Public Comment"

-- The PHA Plan is a comprehensive guide to public housing agency (PHA) policies, programs, operations, and strategies for meeting local housing needs and goals.  There are two parts to the PHA Plan: the 5-year Plan, which each PHA submits to Housing and Urban Development (HUD) once every 5th PHA fiscal year, and the Annual Plan, which is submitted to HUD every year.  This meeting would be to review and comment on BCHA's 2022 draft annual plan prior to final submission to HUD. 

ACTION REQUESTED: None – public testimony only.

[THIS HEARING WAS CALLED TO ORDER AT 11:35 A.M. AND ADJOURNED AT 12:11 P.M.]

Staff Presenter(s):

Kelly Gonzalez, Boulder County Housing Authority 

Public Speaker(s):

No one from the public spoke during this hearing.

4.

1:30 p.m. PUBLIC HEARING

4.a

Community Planning and Permitting Department:

Docket LU-22-0019/SPR-22-0050: Nagle Warner Residence and Studio Limited Impact Special Use Review to allow for 2,571 cubic yards of grading for driveway and site improvements, and Site Plan Review for the constructions of a 4,977-square-foot residence and 940square-foot studio for a total residential floor area of 5,917 square feet on a 17.50-acre parcel. The proposal is submitted by Derya Nagle & Kelsey Warner (applicants/owners) and is in the Forestry (F) zoning district at 695 Cutter Lane, Tract 37, Carriage Hills Estates, approximately 1 mile north of the intersection of Wagon Wheel Gap Road and Pinto Drive in Section 10, Township 1N, Range 71W.

ACTION REQUESTED: Decision

[THIS HEARING WAS CALLED TO ORDER AT 1:41 P.M. AND ADJOURNED AT 2:15 P.M.]

Staff Presenter(s):

Summer Frederick, Community Planning & Permitting Department 

Other Presenter(s):

Derya Nagle, Owner

Chris Gray, Architect

County Attorneys Present:

Erica Rogers

Liana James

Public Speaker(s):

Dave Sherrington, Home Owners Association 

• Moved by Commissioner Levy
  Seconded by Commissioner Jones

  to conditionally approve Docket LU-22-0019/SPR-22-0050 in accordance with staff recommendations, commitments of record by applicant, and with additional conditions as discussed and contained within the official record. 

  Carried Unanimously

5.

3:30 p.m. PUBLIC MEETING

5.a

Community Planning and Permitting Department:

Public testimony was not taken at this meeting. The public hearing portion for this docket was held and closed on September 14. The video recording and minutes can be viewed at: https://boco.org/Meeting-Portal.

Community Planning & Permitting Department Docket SU-22-0003: CEMEX Dowe Flats Mining and Reclamation Extension; Special Use/Site Specific Development Plan review to amend an existing Special Use approval (SU-93-14) for limestone/shale open mining/quarrying located at the Dowe Flats Quarry, extending approved mining activities for an additional 15 years; the original permit area of 1,911 acres to be reduced to 709 acres; the concluding of cement plant operations at the facility located south of Highway 66 within the same 15-year timeframe; with concurrent reclamation of wildlife habitat. The application is submitted by John Heffernan, c/o CEMEX, Inc. (applicant/property owner) and co-signed by Boulder County Parks & Open Space. The proposal is in the Agricultural (A) zoning district at 13301 55th Street, Parcel #120316000050, located approximately 0.5 mile north of the intersection of N. 53rd Street and state Highway 66, in Sections 9, 10, 15, and 16, Township 3N, Range 70W.

ACTION REQUESTED: Decision

[THIS MEETING WAS CALLED TO ORDER AT 3:31 P.M. AND ADJOURNED AT 4:53 P.M.]

Staff Presenter(s):

Pete L'Orange, Community Planning & Permitting Department

Other Presenter(s):

Trpimir Renic, CEMEX USA

County Attorneys Present:

Erica Rogers

Liana James

Conrad Lattes

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy

  to go in to an Executive Session with Ben Pearlman, Liana James, and Erica Rogers, County Attorneys, pursuant CRS 24-6-402(4)(b) to discuss legal matters related to Docket SU-22-0003 on September 29, 2022 during the public meeting on this matter.

  Carried Unanimously
• Moved by Commissioner Levy
  Seconded by Commissioner Loachamin

  to deny the approval of Docket SU-22-0003. 

  For (2)	Commissioner Loachamin, and Commissioner Levy
  Against (1)	Commissioner Jones

  Carried (2 to 1)