MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Johnson and Donnelly were present. Also present were: Doug Ryan, Health and Environment Department; Candace Phippen, Terry Gilbert, and Rob Helmick, Planning Department; Eric Tracy, Public Works Department; Jeannine Haag, County Attorney’s Office; and Denise Ruybal, Deputy Clerk.
Chair Gaiter opened up the hearing to public comment. No one was present to address the Board.
Chair Gaiter led everyone in the Pledge of Allegiance.
Under discussion of the consent agenda, Mr. Tracy addressed the Board regarding the Boxelder 6 Floodplain Special Review. He noted that the Flood Review Board met on January 6, 2015, and asked that additional conditions be added. With concern to the overtopping depth on County Road 52, and have added conditions 4 and 5, as outlined below. A maintenance agreement will be drafted and recorded to include all entities involved in the project.
Chair Gaiter then noted that the following items were on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience:
1. BOXELDER 6 FLOODPLAIN SPECIAL REVIEW: This is a request for approval of a Floodplain Special Review to construct:
1. East Side Detention Center
2. Larimer and Weld Canal Crossing Structure
3. Opening of the I-25 Box Culverts
4. Siphon of Lake Canal
5. Prospect Road Bridge Replacement
6. Boxelder Creek Overflow, also known as the Boxelder 6 within the regulatory floodplain.
Early in 2005, a holistic approach to addressing flood hazard and storm water drainage problems in the Boxelder Creek/Cooper Slough watershed was studied. This watershed or basin encompasses over 265 square miles and extends from just north of the Wyoming border to the Poudre River on the south. Because the Boxelder Creek/Cooper Slough floodplain affects many property owners and several local governments, intensive efforts were made to develop a regional flood hazard mitigation plan. The communities of Fort Collins, Wellington, Timnath, Windsor, and Larimer County all shared a common goal in mitigating the flood hazard posed by Boxelder Creek. An Alliance was formed in early 2005 to develop a "regional" solution that is more efficient, wide ranging and cost effective than the entities could develop independently. The Alliance members include: Colorado Department of Transportation (CDOT), Larimer County, City of Fort Collins, Town of Wellington, Town of Timnath, Town of Windsor, North Poudre Irrigation Company, Boxelder Sanitation District, New Cache La Poudre Irrigation Company, A Private Property Owners’ Group, and the Colorado Water Conservation Board (CWCB).
Representatives of these entities met over a period of two years to consider ways to mitigate flood hazards within the area that is tributary to Boxelder Creek from County Road 70 north of Wellington south to where Boxelder Creek floodwaters join the Cache La Poudre River. It was determined that the best approach to basin wide flood hazard mitigation would be to prepare a common plan for flood mitigation improvements within the Basin. Members of the Alliance pooled funding to prepare a storm water Master Plan for the Boxelder Basin. The resulting Boxelder Creek Regional Stormwater Master Plan (Master Plan) was completed in October 2006 by PBS&J. This Master Plan formed the basis for the formation of the Boxelder Basin Regional Stormwater Authority (Authority). The Authority was formed by an Intergovernmental Agreement (IGA) in August of 2008 by its Member Entities; the City of Fort Collins, Larimer County and The Town of Wellington. The central purpose of the Authority was to develop and construct three regional drainage improvement projects which are:
1. Coal Creek Flood Mitigation Project – Already completed
2. East Side Detention Facility (ESDF)
3. Larimer and Weld Canal Crossing Structure (LWCCS)
Significant floods have occurred along Boxelder Creek in 1909, 1922, 1930, 1947, 1963, 1967, and 1969. Tragically, the flood in 1967 caused the death of a mother and her three daughters who accidentally drove into the flooded creek where it had overtopped the roadway. While the upper portion of the basin is relatively rural and undeveloped, the lower portion of the basin is more developed and impacts the communities of Wellington, Fort Collins, Windsor, Timnath and Larimer County.
Numerous detention and flood control facilities exist within the watershed along with numerous irrigation storage facilities. In general, the irrigation storage facilities do not have defined flood storage volume available so they are not considered effective in attenuating flood flows in accordance with FEMA criteria. There are five (5) large flood control reservoirs in the upper portion of the basin which are generally referred to as the SCS reservoirs as they were built by the Soil Conservation Service for the purpose of flood control in the 1960s. These dry dam reservoirs are located north of Wellington and generally provide good attenuation of the flood flows from the upper portion of the Boxelder Creek basin, entering the southern portion of the basin. However, there is enough area and development in the lower portion of the Boxelder Basin that additional flood control is needed. The current effective Boxelder/Cooper Slough floodplain impacts almost 5,000 acres of land and close to 800 structures.
East Side Detention Facility
The purpose of ESDF is to attenuate flood flows generated in the Boxelder basin between the existing NRCS dams to the north and the City of Fort Collins, Larimer County and Town of Timnath to the south. ESDF has been designed to reduce the 100-year flood flows from 6,509 to 2,628 cfs.
Larimer and Weld Canal Crossing Structure (LWCCS)
Over the years, the owners of the L&W Canal have expressed concern about the possibility of the canal bank failing (during a 100-year flood) because of the Boxelder Creek flood flows crossing the canal. In addition they have expressed concerns about the additional spills out of the canal that would occur both upstream and downstream of where the two cross during a flood event.
The applicant is proposing a design which would require the construction of an armored side spill weir on the south side of the L&W Canal to facilitate the spilling of the Boxelder Creek flood flows back into the Boxelder floodplain on the south side of the canal. The south side of the canal embankment and the maintenance road will be lowered approximately 2 feet for the length of the proposed weir which is approximately 1145 feet. The canal embankment will be fortified for the entire length of the proposed weir with articulated concrete blocks (ACBs) to ensure the embankment will not fail due to erosion or undercutting. The length of the weir is slightly less than the width of the existing Boxelder Creek floodplain in this location. In addition, the north side or upstream side of the canal will be fortified with a concrete cutoff wall and a permanent turf reinforcement mat (P550) to insure that it does not begin to head cut upstream during a flood.
Opening of I-25 Box Culverts
When CDOT widened I-25 over thirty years ago, they constructed four box culverts under I-25 to convey Boxelder Creek flows from the east side of I-25 to the west side where Boxelder naturally flows. Two of the four box culverts were plugged immediately after construction by CDOT, at the request of the City of Fort Collins. With the reduced 100-year flows that the construction of ESDF creates, it will be possible to open the two plugged box culverts under I-25 and keep 100-year flows on the west side of I-25 less than existing. Opening the two plugged box culverts and allowing all of the Boxelder Creek flows to go under I-25 will also eliminate the Boxelder Creek I-25 Split Flow path floodplain into Timnath.
Siphon of Lake Canal
On the west side of the I-25 box culverts, the Lake Canal Irrigation company has an existing crossing of Boxelder Creek which is an open flume. The Lake Canal flume crosses Boxelder Creek just downstream of the I-25 box culverts. The City of Fort Collins intends to construct a siphon for the Lake Canal to be conveyed under Boxelder Creek. Siphoning the Lake Canal will eliminate the backwater effect that is created by the current Lake Canal flume. This backwater effect impacts the upstream water surface elevation of Boxelder Creek on the east side of I-25 and contributes to the I-25 split flow floodplain.
Boxelder Creek Overflow
The effective hydraulic modeling for the area in and around Boxelder Creek and Prospect Road shows that the bridge at Prospect Road does not have capacity to convey the full 100- year flows under the bridge. According to the effective hydraulic model, the existing Prospect Road bridge conveys approximately 531 cfs and the remainder of the 100-year flows which is approximately 1218 cfs overtops Prospect Road on its way to the Poudre River and Boxelder Creek.
The Boxelder Creek Overflow project includes the construction of a side spill weir on the west side of Boxelder Creek just upstream of the Prospect Road bridge. The weir will be set at the normal high water mark for Boxelder Creek so only the more significant flood events (which exceed the capacity of the new Prospect Road Bridge) will be diverted. This will ensure that the normal and beneficial Boxelder Creek flows will remain within Boxelder Creek. The diverted flows will be conveyed under Prospect Road via a series of box culverts which will be constructed west of the Prospect Road Bridge.
Prospect Road Bridge Replacement
Because Prospect Road will be closed during the construction of the Boxelder Creek Overflow project, the City of Fort Collins has elected to take this opportunity to construct a new Prospect Road bridge crossing of Boxelder Creek. The existing Prospect Road bridge has exceeded its' design life and also the new structure will be built to the ultimate right of way width for Prospect Road, which will reduce the impacts of widening the road in the future.
The Larimer County Engineering Department recommends approval of the Boxelder 6 Floodplain Special Review with the following conditions:
1. The final technical report for the FEMA Conditional Letter of Map Amendment be reviewed and approved by county staff.
2. The respective applicants assume all operation and maintenance responsibilities for the proposed projects.
3. A recorded Maintenance Agreement shall be required so that the flood-carrying capacity is not diminished.
4. The flows out of the dam be gauged.
5. That signage and emergency flashing of the overtopping on County Road 52 be required.
2. REEVES ACRES SUBDIVISION PRELIMINARY PLAT, FILE #14-S3254: This is a request for a preliminary plat review of a subdivision to subdivide 35.75 acres into two lots, one of five acres and other of 2 acres for single family residence, with a residual lot of 28+ acres.
This application was presented to the Larimer County Planning Commission at their regular December hearing and had been placed on the consent agenda. No person or agency requested the item be removed from the consent agenda and the Larimer County Planning Commission forwarded a recommendation of approval with conditions to the Board of County Commissioners.
The Larimer County Planning Commission and Development Services Team recommends Approval of the Reeves Acres Subdivision Preliminary Plat file #14-S3254 to the following condition(s):
1. The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Reeves Acres Subdivision Preliminary Plat file #14-S3254, 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 Reeves Acres Subdivision Preliminary Plat.
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 Fees (in lieu of dedication) and drainage fees. The fee amount that is current at the time of building permit application shall apply.
3. Fire Requirements Residential fire sprinklers will be required in all new habitable buildings.
4. All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation. The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table. Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.
5. Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.
6. Complete the necessary property line issues to correct encroachments and setback issues prior to the final plat.
M O T I O N
Commissioner Johnson moved that the Board of Commissioners approve the public hearing consent items for Monday, January 12, 2015, the Boxelder Floodplain Special Review with the two amendments additions brought to the Board by Eric Tracy, and also the Reeves Acres Subdivision.
Motion carried 3-0.
3. LEE LAND USE CODE VIOLATION, FILE #09-CC0023: This property is located west of I-25 on County Road 14, just south of Johnson’s Corner.
Ms. Phippen reviewed with the Board of Commissioners that the property owner is in violation of the Larimer County Land Use Code by virtue of leasing the property to three separate businesses without prior land-use approval. The current business uses on the property are:
1. Dryground Company, 3815 S County Road 5, Loveland, Colorado
Landscaping and snow removal businesses—outdoor storage of stone and landscaping material, outdoor storage of junk and debris, unpermitted temporary office trailer, unapproved port-a-potty.
2. Pipeline Auto, 3818 S County Road 5, Loveland, Colorado
Transports autos and equipment to Texas on 8-car haulers; also buys, fixes up and sells RVs—outdoor storage of junk and debris, permitted temporary sales office, storage shed being used as a shop without a change of occupancy permit, SWMH being used for storage.
3. United Repo, 3820 S County Road 5, Loveland, Colorado
Reposseses vehicles and transfers vehicles to Denver; unapproved porta potty, two unpermitted temporary office trailers, unpermitted storage building.
The property owner is also in violation of the Larimer County Land Use Code by virtue of continuing the use/rental of a residence on the property zoned C-Commercial, using the property for private, personal outdoor storage, including outdoor storage of mobile homes, adding temporary office trailers and port-a potties to the site without land use and building department approval and changing the use of existing structures without change of occupancy building permits and inspection approvals.
This property was subject to a court action commenced in 2003 against the previous tenant of the property, David Frisco, and previous owner, No Respect, Inc. The court action involved violations of the Larimer County Land Use and Building Codes for junk, debris, illegal dwellings and an illegal septic system. Jerry Lee, one of the partners of J & T, LLC, cleaned up the property, removed all illegal dwellings and capped off the illegal septic system.
Mr. Lee then re-zoned the property in 2005 to amend the original zoning on the property to C-Commercial with conditions. The amended zoning was approved for one business allowing for outdoor display and sale of vehicles, including RVs, boats, cars and similar vehicles. The amended zoning did not allow multiple businesses on site, a residential use on site or for the outdoor storage of modular homes, personal outdoor storage and outdoor storage of junk and debris.
In 2007, the property owner requested a special exception to allow the existing residence on the property to be used as living quarters for an on-site caretaker/night watchman. This request was denied.
In 2007, the owner obtained Building Permit 07-B0004 for a temporary sales office for RV sales.
In 2008, the owner obtained Building Permit 08-B0691 to convert the original farm house to a business use for an RV sales office and storage. The owner withdrew the permit when fire department approval could not be obtained. To the best of staff’s knowledge, the owner has and continues to rent the original farm house as a residence.
In 2010, the owner obtained Building Permit 10-B0256 to add a bath and ramp to an existing deck for the temporary RV sales office. The temporary use of the trailer was approved for a period of five years. The permit was issued on 6/30/2010 and expires on 6/29/2015.
Code Compliance staff have worked with the owner on several occasions to reach compliance with County regulations; however, the owner continues to be in violation of the Larimer County Land Use Code and Larimer County Building Code.
The multiple business uses in addition to a residential use on the property raise concerns about sewage disposal, electrical connections, water supply, addressing, and building and fire department approvals. In addition, outdoor storage has increased over the last two years, causing an eyesore which may have a detrimental effect on surrounding property values.
Chair Gaiter asked the owner of the property Jerry Lee to address the Board of Commissioners. Mr. Lee stated that he purchased the property in 2006, but had spent 2 and a half years prior to that cleaning up the property. Mr. Lee needs the current businesses to continue as he needs the income he receives from these business to maintain the property and supply personal income.
Chair Gaiter opened up the hearing to public comment. No one was present to provide public comment.
Much discussion ensued between staff and the Board of Commissioners. Clarification was provided regarding the current zoning, the residence on the property, the businesses operating on the property, and possible solutions. It was recommended that the Planning Department work with Mr. Lee in deciding which avenue would the best in assisting him with getting the property in compliance in a timely manner.
Ms. Haag stated that the Board could make a motion finding Mr. Lee in violation giving him a certain amount of time to bring the property into compliance. At the end of that period, someone needs to come back to the Board with an update on what avenue is or had been pursued.
M O T I O N
Commissioner Donnelly moved that the Board of Commissioners find that Mr. Lee, the property owner, is in violation of Larimer County Land Use Code Regulations and require compliance within one year and authorize legal action if compliance is not met.
Motion carried 3-0.
The hearing adjourned at 3:50 p.m.
TUESDAY, JANUARY 13, 2015
ADMINISTRATIVE MATTERS MEETING
The Board of County Commissioners met at 10:00 a.m. with Linda Hoffmann, County Manager. Chair Gaiter presided and Commissioners Johnson and Donnelly were present. Also present were: Donna Hart, and Deni LaRue, Commissioners’ Office: Bill Nelson, Sheriff’s Office; and Denise Ruybal, Deputy Clerk.
Chair Gaiter opened the meeting with the Pledge of Allegiance.
1. PUBLIC COMMENT: Mel Hilgenburg and Eric Sutherland addressed the Board during public comment.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 5, 2015
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of January 5, 2015, as presented.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 19, 2015: 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 outlined below:
01132015A001 ADDENDUM NO. 5 DESIGN SERVICES FOR ROAD AND BRIDGE IMPROVEMENTS ON NORTH SHIELDS PROFESSIONAL SERVICES AGREEMENT PROPOSAL #11-15 BY AND BETWEEN LARIMER COUNTY AND INTERWEST CONSULTING GROUP
01132015R001 FINDINGS AND RESOLUTION APPROVING THE WHITE TRANSPORATION CAPITAL EXPANSION FEE APPEAL
01132015R002 FINDINGS AND RESOLUTION APPROVING THE TRUSLOW ACCESSORY LIVING AREA APPEAL
01132015R003 FINDINGS AND RESOLUTION APPROVING THE GREENFIELDS PLANNED LAND DIVISION/PLANNED DEVELOPMENT FINAL PLAT SECOND TIME EXTENSION
01132015R004 FINDINGS AND RESOLUTION APPROVING THE VACATION OF AN IRRIGATION EASEMENT IN PARCEL 1 OF THE WOLAVER EXEMPTION
01132015R005 FINDINGS AND RESOLUTION DENYING THE SILVER WHIP PUBLIC SITE PLAN REVIEW AND APPEAL
01132015R006 RESOLUTION AMENDING COMPENSATION FOR LARIMER COUNTY APPOINTED OFFICIALS EXCLUDING THE OFFICE OF THE DISTRICT ATTORNEY
MISCELLANEOUS: Department of Human Services Payments for November 2014; Recommended Appointment of Jim Dixon to PID#48 Puebla Vista Estates; Recommended Appointment of Mark Anderson to PID#40 Paragon Estates; Recommended Appointment of Tom McKernan to PID#2 Westridge; Recommended Appointment of John Lindner to PID#26 Eagle Ranch Estates; Monitoring and Permit Deviation Report Certification for Larimer County Landfill.
LIQUOR LICENSES: The following licenses were approved and/or issued: Hilltop General Store – Retail Liquor Store – Red Feather Lakes; Al’s Canyon Grill – Hotel and Restaurant – Fort Collins; Gateway Liquors – Retail Liquor Store – Loveland; Hometown Liquors – Retail Liquor Store – Berthoud; Green Events, Inc. – 6% Special Event Permit – Fort Collins; Wedgewood Wedding and Banquet Center – Tavern Temporary Permit - Laporte.
Motion carried 3-0.
5. COMMENTS FROM COMMISSIONERS’ GUESTS: There were no guests present.
6. AGREEMENT CONCERNING USE OF CITY/COUNTY CAD/RMS/JMS SYSTEM WITH TOWN OF TIMNATH AND TIMNATH POLICE: Undersheriff Nelson reviewed with the Board of Commissioners that the City of Fort Collins and Larimer County share ownership and use of a computer aided dispatch system (CAD), a records management system (RMS), a jail management system (JMS) and an automatic vehicle locator system (AVL). In order to facilitate communication and cooperation between emergency services agencies in Larimer County, including the Timnath Police Department, the City and the County have agreed to allow the Timnath Police Department access and use of the system on certain terms and conditions outlined in the agreement.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the agreement concerning use of the City/County CAD/RMS/JMS system with the Town of Timnath and Timnath Police.
Motion carried 3-0.
7. WORKSESSION: Ms. Hoffmann reviewed her participation with the Advisory Group that the state has put together regarding flood recovery.
8. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities during the previous week.
9. LEGAL MATTERS: There were no legal matters for discussion.
The meeting adjourned at 10:50 a.m.
LEW GAITER III
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Denise M. Ruybal, Deputy Clerk