> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 03/09/15  

 

 

 

 

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, March 9, 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: Michael Whitley, Planning Department;  Candace Phippen, Code Compliance Department; Clint Jones, Engineering Department; and Denise Ruybal, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance.

 

Mr. Lafferty asked that item #5, Spring Green Planned Development and Planned Land Division preliminary plat 3rd time extension, file #03-S2210, be moved to April 6, 2015, at 3:00 p.m., due to the illness of the applicant.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of Commissioners table item #5 of today’s agenda and move the item to April 6, 2015, at 3:00 p.m.

 

Motion carried 3-0.

 

Chair Gaiter 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.    MCKINNEY REZONING, FILE #14-Z1959: This is a request to rezone a 15.25 acre parcel from I-1 – Heavy Industrial to FA – Farming. 

 

This item was on the consent agenda for the February 18, 2015, Planning Commission public hearing at 6:30 pm.  No members of the public were in attendance for the item.

 

Staff presented the Development Services Team report recommending approval of the proposed Rezoning.  The Planning Commission voted 8-0 to recommend approval of the request to the Board of County Commissioners.

 

The Planning Commission recommend to the Board of County Commissioners approval of McKinney Rezoning, file #14-Z1959.

 

2.    LEGACY HEIGHTS CONSERVATION DEVELOPMENT PHASE II AMENDED PLAT AND COLLATERAL TIME EXTENSION, FILE #04-S3244:  This is a request to extend the Phase 2 amended plat and collateral submittal for the Legacy Heights Conservation Development to January 28, 2020.

 

The preliminary plat for the Legacy Heights Conservation Development was approved by the Board of County Commissioners on February 22, 2005.  The final plat for the 54 single family residential lot development was approved on October 11, 2005, and recorded the next day.

 

As approved, the development of the property would occur in two phases.  Phase 1 included 37 single family lots and Phase 2 would be comprised of the remaining 17 lots. To accomplish the phasing all of the development boundaries, roads and easements were recorded as one final plat document but only the initial 34 lots were illustrated on the plat. The remaining 17 lots were referenced on the plat and would be added to the final plat by amendment at a later date when Phase 1 was nearing completion.  This allowed the applicant to post collateral for each of the phases as they were being constructed.

 

Since the original approval, construction of Phase 1 has been completed, but only about 1/3 of the lots have been developed.  The primary reason for the sluggish development of the site was in part due to the downturn in the economy, which has not fully recovered for this type rural lot development.  As such, one time extension was previously granted on January 28, 2013.

 

Since the last extension, little has changed with the development, as only a few more lots have been built upon.  Furthermore, according to the applicants, materials there have been internal issues with original developers that have slowed the progress in the development.  As the result of Court actions, the development is now being actively marketed, with the intent of finding someone to develop Phase 2.   However, the economic conditions are still not favorable for this type of development, larger rural lots, and the applicant believes that an additional 5 years will be necessary to complete  both phase 1 and phase 2 of the development.

 

The Development Services Team has reviewed the Development Agreement and all other requirements for Phase 2 and finds that the requirements still apply, and recommend the extension as requested. 

 

If the Board of County Commissioners decide not to approve the extension, a revocation of Phase 2 of the development would need to occur.  Such a revocation would require a substantial amount of work to vacate easements, road right-of-ways and other entitlements.  This activity would involve the current lot owners in Phase 1 and would require and new plat for the overall development including Phase 1.  The Development Service Team does not believe that that would be a beneficial action for any of the affected parties including the County.

 

The Development Services Team recommends approval of the extension of the amended plat and collateral submittal for Phase 2 of the Legacy Heights Conservation Development, file # 04-S2244, for 5 years subject to the following conditions:

 

1.   Submittal of the amended plat and collateral for Phase 2 shall be no later than January 28, 2020.

 

2.   All conditions outlined in the Development Agreement approved on October 11, 2005, at Reception #2005-0087125, shall continue to apply.

 

M O T I O N:

 

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

 

Motion carried 3-0.

 

3.    LODGEPOLE INVESTMENTS SPECIAL REVIEW, FILE #13-Z1920:   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 B) 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 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.  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.

 

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.

 

12.   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.

 

Some discussion ensued between the Board of Commissioners and staff regarding buildings 1 and 3 and the sewer system.

 

Chair Gaiter asked the applicant, Jennifer Tempas, to address the Board.  Ms. Tempas asked the Board for a 120 day timeframe instead of the proposed 90 days.  Her architect had some health issues and planning has been held up.

 

Discussion ensued between staff and the Board regarding extending the timeframe. The Inter-Governmental Agreement (IGA) between the County and the City of Fort Collins specifically addresses the 90 day period.

 

Chair Gaiter opened up the hearing for public comment.  No one was present for public comment.

 

Additional discussion ensued regarding the requested 120 day period.  The Board, along with staff, agreed that extending the time period would be in violation of the IGA.  Since the 90 day period begins once the Findings and Resolution is signed, it was decided to take a longer period of time to prepare and sign the document, giving the applicant additional time but not violating the 90 day period set by the IGA.

 

Mr. Lafferty asked the Board what would happen if the applicant does not meet their obligations within the 90 day time frame?  Mr. Lafferty requested some sort of action be taken should the 90 day deadline not be met.  Condition #3 states that revocation of the approval by the Board of Commissioners will take place should the 90 day deadline not be met, but Mr. Lafferty stated this is a timely matter and does not have to go through the revocation process which involves having a hearing.  Mr. Lafferty asked Ms. Haag if the condition could be written so that, if necessary, the revocation could take place without the need for a hearing. Ms. Haag stated that once it’s approved and people start spending money, or start taking action reliant on the approval, you get into the Common Law Vested Right issue, so a hearing would be required.

 

It was the consensus of the Board that if the applicant’s obligations were not met within the 90 day period, condition #3 would require a revocation of the approval with a hearing, and that the County Attorney’s Office would bring the Findings and Resolution to Administrative Matters in four weeks for signature.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of Commissioners approve the Lodgepole Investments Special Review and Appeal to Section 8.1.1.B.4 of the Land Use Code, file #13-Z1920 subject to the conditions outlined in the staff report.

 

Motion carried 3-0.                                 

4.    LODGEPOLE INVESTMENTS VIOLATION PUBLIC MEETING, FILE #11-CC0088:  Ms. Phippen reviewed that the property owner is in violation of the Larimer County Land Use Code and Building Code by virtue of:

 

1.   Operating business uses on the property without first obtaining land-use approval; and

 

2.   Converting agricultural structures into structures used for commercial purposes without first obtaining building permits and inspection approvals. 

 

Immediately prior to the public meeting scheduled to discuss these violations, a public hearing before the Larimer County Board of County Commissioners is scheduled for approval of the Lodgepole Investments Special Review application. 

 

The Special Review seeks approval to operate commercial businesses on the property, to use the commercial building on the southern lot for dry storage, and to use the principal building on the northern lot  for retail sales by ACES Motorcycles with associated outdoor display and sales. The proposed Special Review would permit retail sales, professional offices, and trade uses within Building 1. 

 

Buildings 1 and 3 were constructed as agricultural structures, not as commercial buildings.  If the proposed Special Review is approved, the property owner will be responsible for obtaining change of occupancy building permits and required inspection approvals for these.

 

Immediately prior to the public meeting scheduled to discuss these violations, a public hearing before the Larimer County Board of County Commissioners is scheduled for approval of the Lodgepole Investments Special Review application. 

 

The Special Review seeks approval to operate commercial businesses on the property, to use the commercial building on the southern parcel for dry storage, and to use the principal building on the northern lot for retail sales by ACES Motorcycles with associated outdoor display and sales. The proposed Special Review would permit retail sales, professional offices and trade uses within Building 1. 

 

Buildings 1 and 3 were constructed as agricultural structures, not as commercial buildings.  If the proposed Special Review is approved, the property owner will be responsible for obtaining change of occupancy building permits and required inspection approvals for these structures.

 

Pursuant to information contained in the Assessor’s records, the original stable (Building 1) was stripped inside and started to be used for retail sales sometime around 2010.  No building permits were obtained nor inspections conducted for this structure.  Building No. 3 was posted with a DO NOT OCCUPY sign on July 18, 2014, for an illegal apartment.  The owner intends to use both structures as part of the commercial business. 

 

Buildings 1 and 3 required change of occupancy building permits and inspection approvals pursuant to the 2012 International Building Code (IBC) adopted by Larimer County.  The IBC provides when the use of an existing structure is changed, the structure must be brought up to current building code requirements.  If the use of other existing structures on the property is changed from an agricultural to a commercial use, a change of occupancy permit is required. 

 

Although the property owner anticipates these properties will eventually be redeveloped with more intensive commercial uses, life-safety issues have been created and currently exist by virtue of these structure conversions.

 

There are 12 conditions attached to the approval of the Lodgepole Special Review.  Conditions 10 and 11 require the owner to obtain all building permits and required inspection approvals, including approval through the Windsor-Severance Fire Rescue District, within 90 days from the date of the Special Review approval.

 

Code Compliance and Planning staff have been working with the owners since April 2011 to resolve outstanding issues on the property. 

 

Although the Board of County Commissioners’ approval of the Special Review application may cure existing Land Use Code violations, violations of the Larimer County Building Code will continue to exist until such time as required change of occupancy building permits and inspection approvals are obtained.

 

Building 1 has been operating as a commercial business for more than four years without any permits or inspection approvals.  Building 3 has been in violation of the Larimer County Building Code for as many years.  Changing the use of these structures from an agriculture use to a commercial use increases the level of safety for people utilizing the structures.   Some areas of specific concern include, but are not limited to, means of egress, fire resistant construction, structural adequacy, accessibility to the structure, and whether or not all plumbing, mechanical and electrical work meets minimum code requirements. 

 

Building permits for the commercial uses of the structures could not be obtained until land-use approval was obtained.  Once the Board of County Commissioners approves the Lodgepole Special Review, the owner will be in a position to obtain the permits and inspection approvals.  Further delays in obtaining the required permits and inspection approvals increase the public’s exposure to life-safety risks.

 

Staff finds that violations of the Larimer County Building Code exist and will continue to exist until such time as required change of occupancy building permits and inspection approvals are obtained.  If deadlines set by the Board of County Commissioners in the Board’s approval of the Lodgepole Special Review to obtain these permits and inspection approvals are not met, authorize legal action to enforce the Larimer County Building Code.

 

Ms. Phippen requests authorization to start legal action to have the people vacate until all the buildings permits and inspection approvals are obtained. The land use approval makes the land uses legal but not the building structure uses.

 

Chair Gaiter asked the applicant, Jennifer Tempas to address the Board.  Ms. Tempas stated that building three is not occupied and Aces will be out as of tomorrow.

 

Chair Gaiter opened up the hearing for public comment.  No one was present for public comment.

 

Mr. Whitley notified the Board that there have been a number of improvements within buildings one and three that did not obtain the proper permits.  There have been no inspections on these buildings and he does not know if they meet building code requirements.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of Commissioners find violations of the Larimer County Building Code exist, require compliance as set out in the Board of County Commissioners approval of the Lodgepole Special Review, and authorize legal action if the deadline is not met.  Required compliance is set out in the Board of County Commissioners approval of the special review. In addition, if structures one and three are occupied prior to obtaining the required permits and inspection approvals, the Board authorizes legal action.

 

Motion carried 3-0.

 

The hearing adjourned at 3:45p.m.

 

TUESDAY, MARCH 10, 2015

 

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 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:  Mark Pfaffinger, Facilities and Information Technology Department; Undersheriff Bill Nelson, Sheriff’s Department; and Denise Ruybal, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.    PUBLIC COMMENT: No one was present to address the Board.

 

2.    APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 2, 2015

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of March 2, 2015, as presented.

 

Motion carried 3-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 16, 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:

 

PETITIONS FOR ABATEMENT: As recommended by the County Assessor the following petitions for abatement have been approved: GP Retail I LLC

 

03102015A001            UNIVERSAL MEMBERSHIP AGREEMENT SCHEDULE A – THE WORK NUMBER EXPRESS SOCIAL SERVICE FEES AND SERVICE DESCRIPTION EFFECTIVE DATE 3/1/2015 – 5/31/2016

 

03102015A002           AGREEMENT CONCERNING CONSTRUCTION OF MONUMENT SIGN IN PLATTED RIGHT-OF-WAY OF LARIMER COUNTY ROAD 74E

 

03102015A003           DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR SILVER REEF RURAL LAND USE PLAN 14-S3208

 

03102015A004           AGREEMENT CONCERNING BUILDING, FENCES, AND IRRIGATION PIPES IN PLATTED RIGHT-OF-WAY OF LARIMER COUNTY ROAD 17 AND 72

           

03102015R001           SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF BRAD AND LINDSAY TRUST FOR MOUNTAIN WHITEWATER DESCENTS

 

03102015R002           FINDINGS AND RESOLUTION APPROVING THE JENSEN MINOR LAND DIVISION AND APPEAL

 

03102015R003           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 2 AND 3 OF CRYSTAL LAKES SUBDIVISION 6TH FILING AND UTILITY EASEMENT VACATION

 

03102015R004           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 1, AMENDED PLAT OF THE GUESWEL EXEMPTION AND GUESWEL-SEARS BOUNDRARY LINE ADJUSTMENT AND GUESWEL-SCHARF-SEARS BOUNDARY LINE ADJUSTMENT AND THE GUESWEL-RUSTY BUFFALO CAMPGROUND P3, LLC BOUNDARY LINE

 

MISCELLANEOUS: Recommended appointment of Cindy Mackin to the Fair Board as an Ex-Offico member beginning March 10, 2015, through November 30, 2017; Public Trustee 4th quarter report, 2014; Final plat of Silver Reef Rural Land Use Plan

 

LIQUOR LICENSES: The following licenses were approved and/or issued:  Medieval World USA – 6% Special Event Permit – Loveland; Prime Tyme @ The Forks – Tavern – Livermore;  Forks Food N Fuel – 3.2% Beer Retail – Livermore;  Glen Haven General Store – 3.2% Beer Retail – Glen Haven;  Glen Haven Inn – Hotel and Restaurant – Glen Haven.

 

Motion carried 3-0.

 

5.    COMMENTS FROM COMMISSIONERS’ GUESTS: No guests were present.

 

6.    COMMISSIONER ACTIVITY REPORTS:  Commissioners Johnson and Donnelly  reviewed their activities during the previous week. 

 

7.    APPROVAL OF ADDITIONAL FUNDS FOR THE KILLPECKER RADIO COMMUNICATION SITE: Mr. Pfaffinger presented the Board with an overview of the County’s work to improve its radio communications coverage in rural areas of the County over the past 14 years.  The County recently obtained final approval from the Forest Service to build a government only, 75 foot radio tower on Killpecker Mountain near Red Feather Lakes and started work on final project costs and plans.  During the project initiation, updated cost estimates were obtained to pull a dedicated electric line to the radio site from Poudre Valley REA.  The updated estimates were significantly higher due to the terrain and complexity of the line.  In order to obtain grant support for the project, the County must commit to providing matching project funds for the entire project due to the increased electric line construction.  Based on the updated project costs, an additional $1,800,000.00 is needed to bring the new tower into service.  The goal is to have the tower completed and operational by the end of 2016.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of Commissioners approve an additional appropriation of no more than $1,800,000.00 to cover the cost of constructing and equipping a radio communication facility at the Killpecker site after the County’s 2015 budgeted appropriation of $752,000 and any matching grant funds received from the Colorado Department of Local Affairs or other sources have been expended.  The appropriation shall be drawn from the County’s Undesignated Future Projects  General Fund reserves.

 

Motion carried 3-0.

 

8.    WORKSESSION:     Ms. Hoffmann explained that she will participate in the Respond Wyoming conference this coming weekend.  She will be part of a panel discussing what was learned from the flood.  She also noted that Lori Hodges will be the keynote speaker at the conference.

 

9.    COMMISSIONER ACTIVITY REPORTS:  Chair Gaiter reviewed his activities during the previous week. 

 

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

 

The meeting adjourned at 9:45 a.m.

 

 

 

                                                                                              _______________________________

                                                                                                                            LEW GAITER III

                                                                                                   BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Denise M. Ruybal, Deputy Clerk