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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, January 26, 2015

 

 

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, Department of Health and Environment;  Tony Brooks, and Chad Gray, Code Compliance Department;  Clint Jones, Engineering Department;  Brenda Gimeson, and Michael Whitley, Planning Department; and Denise Ruybal, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance and 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.    CRYSTAL LAKES 6TH FILING, LOTS 2 AND 3, LOT CONSOLIDATION AND EASMENT VACATION: This is a request for a lot consolidation to combine lots 2 and 3 of the Crystal Lakes 6th Filing, into one lot and vacate the utility easements along the common lot line.  If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.  The lots currently access Chickasaw Court and that access point will be maintained.  Both lots are owned by the same people.  There is currently one existing single-family residence and outbuildings on lot 2.  Lot 3 is vacant.  

 

The proposed Crystal Lakes 6th Filing, lots 2 and 3 lot consolidation and easement vacation will not adversely affect any neighboring properties or any County agency.  The lot consolidation will not result in any additional lots and no other services will be affected.  The staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Crystal Lakes 6th Filing, lots 2 and 3 lot consolidation and easement vacation (File # 14-S3268) subject to the following conditions:

 

1.    All conditions shall be met and the final resolution of the County Commissioners recorded by July 26, 2015, or this approval shall be null and void.

 

2.    The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

 

3.     The reconfiguration of the lots lines shall be finalized at such time when the Findings and Resolution of the County Commissioners is recorded.

 

2.    GLACIER VIEW MEADOWS 8TH FILING, LOTS 93 AND 96A LOT CONSOLIDATION AND EASEMENT VACATION:  This is a request for a lot consolidation to combine lots 93 and 96A of the Glacier View Meadows 8th Filing into one lot and vacate the 20’ utility easement along the common lot line.  If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners. The lots currently access Mount Harvard Court and Torreys Court and those access points will be maintained.  Both lots are owned by the same people.  There is currently one existing single-family residence and outbuildings on lot 96A.  Lot 93 is vacant. 

 

The proposed Glacier View Meadows 8th Filing lot consolidation for lots 93 and 96A and easement vacation will not adversely affect any neighboring properties or any County agency.  The lot consolidation will not result in any additional lots and no other services will be affected.  The staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Lot Consolidation for the Glacier View Meadows 8th  Filing Lots 93 and 96A and Easement Vacation (File # 14-S3269) subject to the following conditions subject to the following conditions:

 

1.        All conditions shall be met and the final resolution of the County Commissioners recorded by July 26, 2015, or this approval shall be null and void.

 

2.       The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

 

3.    The reconfiguration of the lots lines shall be finalized at such time when the Findings and Resolution of the County Commissioners is recorded.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as proposed above.

 

Motion carried 3-0.

 

3.    BRIDGES APPEAL:  This is a request to appeal Section 5 of the Larimer County Land Use Code to allow an exemption from the subdivision regulations to divide a parcel into 2 lots – one buildable and one non-buildable until further subdivided.

 

Ms. Gimeson reviewed with the Board that the applicant is asking for an exemption to the regulations to split off one two-acre parcel for a single-family residence with the other parcel remaining thirty-three acres to remain in agriculture use only.  As the property exists today, this is a legal lot and could have one single-family residence and outbuildings; however, there are currently no existing buildings on the property. The property is currently used strictly as an agricultural parcel.  The applicant has indicated a tap to Northern Colorado Water Association is available for this lot and an on-lot septic would be used. 

 

Section 22 of the Larimer County Land Use Code outlines circumstances in which appeals can be taken to the Board of County Commissioners for consideration.  One of those defined circumstances is where persons may appeal standards and requirements imposed by the Land Use Code.  This request for an appeal meets section 22.2.1.A of the Larimer County Land Use Code where the applicant proposes to deviate from a standard or requirement imposed by this code, except standards or requirements which are subject to zoning variances from the board of adjustment in section 4.6.2.

 

There are two appeal requests in this one application.  1)  Approval of an appeal to Section 5 of the Larimer County Land Use Code to allow an exemption from the subdivision regulations to divide a parcel into 2 lots; one two-acre lot for a single-family residence and one non-buildable agricultural parcel.  2)  If the exemption is allowed, an appeal is also required to the required lot size from a 10 acre lot to a 2-acre lot in the O-Open Zoning District.

 

When a parcel of land is divided into any size less than 35-acres, application and approval through an appropriate subdivision process is required through Larimer County.  The review process options are outlined in Section 5 of the Larimer County Land Use Code.  Additionally, Section 4 of the Land Use Code determines the minimum lot sizes allowed in a zoning district.  In this case, the property is zoned O-Open which requires a minimum lot size of 10 acres. 

 

Because of the size of this parcel and the fact that there are no existing buildings on the property, the only option available to subdivide the property is the Conservation Development process.  When the Conservation Development process is used to subdivide the property, there is no minimum lot size required except when the use of on-lot septic system or well is used—in those cases, the minimum lot size is two acres.

 

If an exemption to the subdivision process is granted, staff would recommend using a process similar to the Minor Land Division Process to create a plat of record and make a requirement that the remaining 33 acres could not be further subdivided for single-family residences without going through the subdivision review process. 

 

The property owner, Curtis Bridges, addressed the Board with a brief explanation of the property.  This parcel is elevated and does not have the capability of being used for agricultural purposes.  Mr. Bridges owns the 135 acre ranch to the east of this parcel and intends to continue with agricultural uses.

 

Pastor Rick Carlson of the River of Life Church and his daughter Candice Bilkey also addressed the Board.  The proposed single family residence is a half mile from the church and will allow Ms. Bilkey and her family to remain part of the Wellington community.

 

It was the consensus of the Board that this is a win-win situation for all involved.

 

M O T I O N

 

Commissioner Johnson moved that the Board of Commissioners approve the Bridges  Appeal, File #14-G0279, subject to the applicant completing the Minor Land Division Process to create a plat of record and restricting the remaining 33 acres from further development until a full subdivision review process is completed for the property.

 

Motion carried 3-0.

 

4.    LODGEPOLE INVESTMENTS SPECIAL REVIEW:  This is a request for a  Special Review for general retail, outdoor display and sales, professional office, trade uses and enclosed storage in the AP – Airport Zoning District; and an Appeal to Section 8.1.1.B.4 of the Land Use Code to utilize an on-site sewage treatment system in a Growth Management Area.

 

Mr. Whitley reviewed with the Board that this item was on the discussion agenda for the November 19, 2014 Planning Commission public hearing at 6:30 pm.  Because no members of the public were in attendance for the             public hearing, the item was moved to the consent agenda. Staff presented the Development Services Team report recommending approval of the proposed Special Review and recommending approval of the Appeal to Section 8.1.1.B.4 of the Land Use Code. 

 

The Larimer County Planning Commission and Development Services Team recommends approval of the Lodgepole Investments Special Review and Appeal to Section 8.1.1.B.4 of the Land Use Code to utilize an on-site sewage treatment system in a Growth Management Area , File #13-Z1920 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 Lodgepole Investments Special Review, File #13-Z1920, 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 Lodgepole Investments 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.    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.

 

6.    County may conduct periodic inspections of the property and may review the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.

 

7.    The Findings and Resolution shall be a servitude running with the Property.  The 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.

 

8.    The applicant shall pay the Transportation Capital Expansion Fees (TCEF) to the Larimer County Engineering Department within 90 days of the signing of the Findings and Resolution approving the Special Review.

 

9.    The outdoor display and sales area adjacent to building 3 shall be removed from the final site plan.

 

10.   The applicant shall demonstrate compliance with the fire protection level of service standards found in Section 8.1.4 of the Land Use Code and the requirements of the Windsor-Severance Fire Rescue district within 90 days of the signing of the Findings and Resolution approving the Special Review.

 

11.   The applicant shall pay all applicable building permit fees, obtain all outstanding building permits/change of occupancy permits and obtain all required inspection approvals within 90 days of the signing of the Findings and Resolution approving the Special Review.

 

The property owner shall petition the City of Fort Collins for annexation of the two parcels within 90 days of the signing of the Findings and Resolution approving the Special Review.

 

Jennifer Tempas and Timothy Lamb addressed the Board on behalf of the owners, Lodgepole Investments, LLC.  Ms. Tempas explained that 3 of the 4 members of Lodgepole Investments, LLC reside in the United Kingdom and have been experiencing issues with getting a visa to return to the United States but have recently received approval.  She asked the Board for a 30 day extension to allow the returning member to get funds and bids in order.

 

Commissioner Johnson asked Mr. Lafferty for an available date for the next hearing to take place.  March 9, 2015, was the next available date. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of Commissioners table the special review item until March 9, 2015.

 

Motion carried 3-0.

 

5.    LODGEPOLE INVESTMENTS LAND USE AND BUIILDING CODE VIOLATIONS:   Discussion ensued between staff and the Board to determine if this item can be heard with the special review being tabled until March 9, 2015.  Mr. Lafferty explained that the code violations are tied in with the special review and that a decision will have to be made on the special review before a decision can be made in regards to the code violations.

 

M O T I O N

 

Commissioner Johnson moved that the Board of Commissioners table the Lodgepole Investments, LLC code violations until March 9, 2015.

 

Motion carried 3-0.

 

6.        CODE COMPLIANCE PUBLIC MEETING, SUSAN A. MOHAN:  The property owner is in violation of Section 18.3.5 Recreational vehicles outside county approved recreational vehicle parks and campgrounds of the Larimer County Land Use Code by living year round on her vacant property and in her recreational vehicle for approximately ten years. Also, Section 4.3.10.F Outside Storage of Vehicle for storing junk vehicles on a property that doesn’t have a dwelling.

This property is located on the south side of County Road 74E, approximately three and a half miles before County Road 67A, in Red Feather Lakes.

 

Mr. Gray reviewed with the Board that on September 10, 2014, Code Compliance received a complaint about Sue Mohan living on her property year round in a recreational vehicle. On September 18th, Code Compliance Officer Chad Gray went to the property with representatives from the Health Department, Sheriff’s Department, and Animal Control. Animal Control worked with Ms. Mohan to get her dogs put up since they run at large. A large part of the complaints are that the dogs are keeping other property owners pinned inside their RVs so they can’t come outside. Ms. Mohan admitted she has been living on the property for 10 years. Officer Gray explained the land use regulations and Ms. Mohan said she wouldn’t leave the property. She was given the option to appeal the Land Use Code regulations to the Board of County Commissioners. Ms. Mohan did not show up for her meeting with Senior Planner Rob Helmick to discuss the appeal. A meeting was then set for the Board of County Commissioners to discuss the case.

 

Neighbors have raised concerns about their personal safety and enjoyment of their properties because of Ms. Mohan occupying her property year round against County regulations.

 

The property is zoned O-Open.  RV’s are allowed to be occupied 180 days out of a 12 month period for vacation or recreation uses, as temporary dwellings during construction of a dwelling, or for seasonal worker housing when outside of an RV park.  Only those vehicles that do not qualify as junk vehicles and are owned by the occupant or owner of a single-family dwelling and agricultural equipment may be stored outside on the same lot with the dwelling.  These vehicles and agricultural equipment must be located on the lot such that they will not cause traffic sight obstructions or safety hazards.  There is no dwelling on the property.

 

The staff recommends that the County Commissioners set a deadline for the property to be brought into compliance and to authorize legal action if the deadline is not met.

 

Commissioner Johnson asked for clarification with the vehicles in that they are all titled, registered, and operable.  Mr. Gray stated that not all vehicles on the property are registered. 

 

Susan Mohan addressed the Board and stated that a health inspector found no problems during their inspection.  There are no junk vehicles on the property as all are working and registered.  The shed can be converted into a cabin but will need a cement pad to lift up the shed.  Her nearest neighbor is one half mile away and during the winter months she uses a snowmobile to get to her RV.

 

Chair Gaiter opened up the hearing to public comment.  Susan Dittman lives adjacent to Ms. Mohan and is concerned with what Ms. Mohan is doing with her sewage and if possible contamination could be an issue should  she decide to apply for a well permit. Mark Rice addressed the Board stating that he has helped Ms. Mohan on several occasions but mentioned the difficulty contractors have had in trying to finish projects.  He presented a photo taken about a month ago that shows a vehicle with an expired license plate.  He also stated that a stove pipe had been installed on the shed without a permit, that there is a burn barrel on the property, and that there is an extension cord that runs across the property.  Alicia Prawl addressed the Board and stated that she and her husband had hired a contractor to do road repairs after the flood.  Ms. Mohan made the repairs very difficult by parking her vehicle in the way of repairs.  Chair Gaiter then closed public comment.

 

Ms. Mohan again addressed the Board and stated that all her vehicles are working and registered. She uses the extension cord to plug in her vehicles so that they will start.  Mr. Gray showed a picture with a vehicle with expired plates and stated that any vehicle without a license plate is considered a junk vehicle.  Ms. Mohan stated that Gallegos Sanitation comes up every 1 to 2 years to empty the port-a-potty.

 

Commissioner Johnson stated that Ms. Mohan has admitted to living on the property for 10 years and that there are vehicles on the property that are not registered.

 

M O T I O N

 

Commissioner Johnson moved that the Board of Commissioners set a deadline of 30 days for the property to be brought in to compliance and authorize legal action if the deadline is not met.

 

Motion carried 3-0.

 

The hearing adjourned at 4:35 p.m.

 

 

TUESDAY,   JANUARY 27, 2015

 

 

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Lorenda Volker, Assistant County Manager.  Chair Gaiter presided and Commissioners Johnson and Donnelly were present.  Also present were: Donna Hart, Deni LaRue, Suzanne Bassinger, and Lori Hodges, Commissioners’ Office:  and Denise Ruybal, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

                                                      

Chair Gaiter then opened the meeting up to public comment giving citizens the opportunity to address the Commissioners regarding events and issues pertaining to Larimer County .  Sonia Ketting, Randy Pope, Anita Comer, Greg Leverett and Rosemary VanGorden                              addressed the Board.

 

 

1.    APPROVAL OF THE MINUTES FOR THE WEEK OF  JANUARY 19, 2015

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of  January 19, 2015, as presented.

 

Motion carried 3-0.

 

2.    REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 2, 2015: Ms. Hart reviewed the upcoming schedule with the Board.

 

3.    CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as outlined below:

 

01272015A001            CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY, AND WALSH CONSTRUCTION, INC.

 

MISCELLANEOUS: DHSEM Jurisdictional Information Form; Recommended mid-term appointment of Teri Olson to the Board of Health; Lot sale prohibition for lot 2 and 3 of Heron’s Hill Subdivision;  Treasurer’s six month report;  Letter of support for CDBG-DR grant application.

 

LIQUOR LICENSES: The following license was approved and/or issued: Boyd Lake Marina – 3.2% – Loveland.

 

Motion carried 3-0.

 

4.    COMMENTS FORM COMMISSIONER’S GUESTS: There were no guests present.

 

5.    COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) UPDATE:  Dave Krutsinger reviewed Colorado’s New Interregional Express Bus System, “ The Bustang”.  Starting in the spring, the Bustang will run 6 round trips daily from Fort Collins and Loveland to Union Station in Denver.  With a $10.00 one-way fee,  the Colorado Department of Transportation is anticipating a great response for this  much needed service.

 

6.    WORKSESSION:     Ms. Volker presented the Board with two letters from the Town of Estes Park asking for the Board’s support with their grant applications due January 30, 2015.  They are seeking support for the Estes Park Valley Mitigation Hazard Mapping and Risk Mitigation Planning Project Grant and a Fall River Big Thompson and Black Canyon Creek Hydrology and Hydraulic Study Grant.  These are both planning grants that do not conflict with things the County is doing.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners  authorize the Chair to sign these three letters on behalf of the Board of Commissioners.

 

The three letters of support Commissioner Johnson was referring to were: The Poudre River Restoration and Resiliency Plan,   The Little Thompson Watershed Restoration Coalition, and The Little Thompson Watershed Coalition Colorado, Resilience Planning Grant Program Application Community Development Block Grant-Disaster Recovery (CDBG-DR) Resilience Planning Grant Program.

 

Motion carried 3-0.

 

Ms. Volker requested approval on a series of staffing grants for Larimer County: a construction manager inspector, an administrative assistant,  and an environmental planner.  In addition, the County is seeking a planning grant for the Cotton Willow Subdivision that would conduct an engineering  study to determine solutions to the drainage problems.  She requested approval and signature on these four grants.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of Commissioners approve the submittal of the Community Development Block grant application proposals and authorize the chairman to sign such applications.

 

Motion carried 3-0.

 

Ms. Volker introduced Gordon Gilstrap from the coalitions to talk about request for letters of support for grants for CDBG funding for the coalitions.  The funds will provide assistance with watershed, planning, and implementation of restoration activities.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of Commissioners support the grant applications on behalf of the Little Thompson Watershed Coalition and the Big Thompson Watershed Restoration Coalition.

 

Commissioner Donnelly withdrew his motion, due to miscommunication.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of Commissioners support the planning grant applications for the Estes Park Valley Mitigation Hazard Mapping and Risk Mitigation Planning Project as well as the Fall River Big Thompson and Black Canyon Creek Hydrology and Hydraulic Study.  

 

Motion carried 3-0.

 

Ms. Bassinger asked for clarification on what was approved and asked the Board if the coalitions have grant applications that are due January 30, 2015, if those letters of support could be signed?  It was the consensus of the Board that letters of support could be signed by the commissioners individually but that a blanket approval to sign letters of support would not be approved.

 

7.    COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities during the previous week. 

 

8.    LEGAL MATTERS: There were no legal matters for discussion.

 

The meeting adjourned at 10:20 a.m.

 

 

 

                                                                                              _______________________________

 LEW GAITER III

BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Denise M. Ruybal, Deputy Clerk