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 Donnelly and Johnson were present. Also present were: Dave Shirk, and Wesley Reichardt, Estes Park Planning Department; Michael Whitley, Rob Helmick, and Terry Gilbert, Planning Department; Doug Ryan, Health and Environment Department; Clint Jones, Engineering Department; Jeannine Haag, County Attorney’s Office; and Dana Polley, Deputy Clerk.
Chair Gaiter opened the meeting with the Pledge of Allegiance, and then asked if either of the Board members wanted to remove any item from the consent agenda.
Commissioner Johnson requested clarification on item #5, Choice Organics Retail Marijuana Establishment License Renewal, being listed as an appeal. Mr. Lafferty explained that this is a typo on the agenda, and that this item is not an appeal.
Chair Gaiter then asked if anyone in the audience is opposed to adding item #1, AT&T Monopole Special Review, to the consent agenda. Seeing no opposition, this item was added to the consent agenda. He then explained 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. AT&T MONOPOLE SPECIAL REVIEW: This is a request to build a new 100-foot tall monopole structure to accommodate the applicant’s needs. The tower would also provide space for two additional carriers to locate antennas. The tower would be located approximately 60-feet from other towers on Prospect Mountain. The Land Use Code requires 1000-foot radial spacing between towers; this requirement can be waived through the Special Review process.
Several antennas and antenna towers are currently located on top of Prospect Mountain. These include public and private antennas. Prospect Mountain is located in the center of the Estes Valley, and provides antennas the maximum amount of coverage throughout the valley with a minimum number of antenna structures.
The existing structures on Prospect Mountain are at capacity and no more antennas can be added. With the growing usage of smart phones, AT&T finds they need to upgrade technology to provide adequate 3G and 4G service to Estes Park.
The structure would be located on top of Prospect Mountain; and therefore, visible throughout Estes Park, and into Rocky Mountain National Park. Due to the size of Prospect Mountain and the distance from adjoining properties, the visual impact would be minimal.
Typically, new antenna towers are not allowed in residential zoned properties. Instead, concealed antennas are allowed; these include ‘monopine’ artificial trees designed to conceal antennas. The applicant suggests, and the Planning Commission found, that a 100-foot tall mono-pine would draw more attention to itself than a monopole, and in this situation a monopole would have less visual impact than a monopine tree. The tower would be unpainted.
Due to location of the Alva B Adams Tunnel, a nearby historic resource, the applicant submitted a Historic Resources Survey. Staff requested this survey be expanded to also address impact on the Stanley Hotel and Rocky Mountain National Park. The survey finds there will be no significant impact.
Rocky Mountain National Park supports this project because this one new tower would allow a total of three cellular providers to use it, thus minimizing overall visual impact.
On Tuesday February 17, 2015, the Planning Commission held a public meeting to review this proposal, and found:
- The Planning Commission is the Recommending Body to the County Commission for the proposed Special Review application.
- If revised to comply with recommended conditions of approval, the application will comply with applicable sections of the Estes Valley Development Code.
- The proposed tower will allow for future antennas to co-locate and help minimize the total number of towers on Prospect Mountain.
- The proposed mono-pole satisfies the purpose and intent of a concealed antenna.
The Planning Commission voted 5-0 (one vacancy, one absent) to recommend approval with the following conditions:
- Prior to BCC hearing, applicant shall provide letter from RF engineer verifying that this would not interfere with existing structures/antennas. Referencing from applicant concerning FAA regulations about when towers are required to be lit.
- Tower, antennas, and appurtenant structures and equipment shall be galvanized to minimize reflected light; final color shall be subject to review and approval by Community Development staff.
- Shall comply with Larimer County Land Use Code Section 16 “Commercial Mobile Radio Service (CRMS) Facilities,” including requirement to allow additional carriers to co-locate and requirement to remove abandoned towers.
2. BOARD OF ADJUSTMENT BYLAWS REVISION: This is a request to:
1. Amend the Inter-governmental agreement (IGA) between Larimer County and the Town of Estes Park to remove the requirement to alternate the Chair.
- Amend the Estes Valley Board of Adjustment Bylaws to be consistent with other board/committee bylaws.
The Board of Adjustment was created in 2000 with an IGA between the Town of Estes Park and the Larimer County Board of County Commissioners. The IGA specifies the chair alternate between town and county appointees.
In the Fall 2014, the Board of Adjustment, Town Board, and Board of County Commissioners adopted revised bylaws. Since adoption of the revised bylaws, the issue of alternating chairs between town and county appointees for joint town/county boards and commissions has been discussed.
The Town Board and Board of County Commissioners have found this requirement is no longer necessary and that removal of this requirement will provide flexibility in officer elections. This amendment follows a similar revision to the IGA and Planning Commission Bylaws approved in late 2014.
The Board of Adjustment unanimously voted to adopt the revised bylaws at their first meeting in 2015 on February 3rd. The Board of Adjustment did not vote on the IGA because the IGA is an agreement between the Town Board and the Board of County Commissioners.
On February 24, 2015, the Estes Park Town Board unanimously voted (6-0) to approve the amended IGA and bylaws.
The recommended action is to approve the IGA and bylaws as presented.
03162015A001 THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN TOWN OF ESTES PARK AND LARIMER COUNTY
3. CRYSTAL LAKES SUBDIVISION LOTS 15, 16 & 21 LOT CONSOLIDATION & EASEMENT VACATION, FILE #15-S3278: This is a request for a Lot Consolidation to combine lots 15, 16, and 21 of the Crystal Lakes 12th Filing into one lot and vacate the 20-foot 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 Cocopa Way and that access point will be maintained. All three lots are owned by the same person. There is currently one existing single-family residence on lot 16 and the other two lots are vacant.
Based on the review criteria, staff finds the proposed Crystal Lakes 12th Filing Lot Consolidation and Easement Vacation for Lots 15, 16, and 21, 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 and Easement Vacation for the Crystal Lakes 12th Filing, Lots 15, 16 and 21, file #15-S3278, subject to the following conditions:
1. All conditions shall be met and the final resolution of the County Commissioners recorded by September 16, 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 lot lines shall be finalized at such time when the Findings and Resolution of the County Commissioners is recorded.
4. BRAUCH SUBDIVISION LOTS 1, 3 & 5 AMENDED PLAT, FILE #15-S3282: This is a request to amend plat of lots 1, 3 & 5 to expand and modify the platted building envelope on each lot.
The request is to amend the plat by expanding the platted building envelopes on three lots in this subdivision. The building envelopes in the Brauch Subdivision were platted to address two concerns: the impact on visibility from lots to the east in Braidwood (Cimarron Lakes), and potential erosion issues with slopes on some lots. This proposal would allow expansion of the envelope to the west allowing for walk outs and will not impact views to the west from the developed lots to the east.
This amended plat to allow expansion of the building envelope allows the future owners more options on the lot. This change does not affect the intent of the original platting or the purpose of the original building envelopes. This change can be implemented through a Findings and Resolution with attached exhibits.
Based on the review criteria, the Development Services Team recommends approval of the Amended Plat of the Brauch Subdivision Lots 1, 3 & 5, file #15-S3282, subject to the following condition:
owners are advised to investigate and consider on-site septic system design as
part of their decision on locating the house, driveway and other site
5. CHOICE ORGANICS RETAIL MARIJUANA ESTABLISHMENT LICENSE RENEWAL, FILE #15-G0282: This is a request for a renewal of a Retail Marijuana Store License and a Retail Marijuana Cultivation Facility License.
Choice Organics, Inc. was issued a Retail Marijuana Store License and a Retail Marijuana Cultivation License last year to operate within units C & D of the building located at 813 Smithfield Drive. Retail Marijuana Establishment Licenses must be renewed annually. The licenses issued to Choice Organics, Inc. expire on March 25, 2015.
The property is zoned C – Commercial, is within the Fort Collins Growth Management Area, and within the East Mulberry Corridor Plan area.
The site is 1.16 acres and the existing building has a footprint of 8,400 square feet. Choice Organics received Special Review approval from the Board of County Commissioners on October 18, 2010, to operate a Medical Marijuana Dispensary and a Medical Marijuana Grow Operation within units A & B of the building.
Sheriff Justin Smith’s written comments note that although the use and distribution of marijuana has been decriminalized in the State of Colorado, it remains federally illegal. Sheriff Smith objects to the licensing of any marijuana operations in Larimer County.
Based on the review criteria, staff recommends approval of:
A. Choice Organics Retail Marijuana Store License Renewal, file #15-G0282, subject to the following conditions:
1. The Retail Marijuana Store shall be operated in full compliance with all licensing requirements, regulations and standards of the State of Colorado Department of Revenue Marijuana Enforcement Division.
2. The Retail Marijuana Store shall be operated in full compliance with all licensing requirements, regulations and standards of the Larimer County Resolution for Licensure of Retail Marijuana Establishments.
B. Choice Organics Retail Marijuana Cultivation Facility License Renewal, file #15-G0282, subject to the following conditions;
1. The Retail Marijuana Cultivation Facility shall be operated in full compliance with all licensing requirements, regulations and standards of the State of Colorado Department of Revenue Marijuana Enforcement Division.
2. The Retail Marijuana Cultivation Facility shall be operated in full compliance with all licensing requirements, regulations and standards of the Larimer County Resolution for Licensure of Retail Marijuana Establishments.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as amended and outlined above.
Motion carried 3-0.
6. OSMUN, INC./COLEMAN ZONING VIOLATION PUBLIC MEETING: The tenant of the subject property is in violation of activities inconsistent with a permit and conditions of approval, Section 12.3.F and 12.3.G of the Estes Valley Development Code (EVDC) by virtue of:
- Maintaining the use of the subject property as a construction storage area after the expiration of a temporary use approval;
- Upon vacating the property the site is to be cleaned, all evidence of use removed, and left in a condition that minimizes adverse impacts to the site itself and surrounding properties.
§12.3.F. Activities Inconsistent with Permit. Engage in any development, use, construction, remodeling or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval or other form of authorization required to engage in such activity; or
§12.3.G. Activities Inconsistent with Conditions of Approval. Failure to comply with any terms, conditions or limitations placed by the Decision-Making Body upon any final development plan, subdivision plat, permit or other form of authorization.
In May of 2014, Osmun, Inc. successfully applied for a temporary use permit through the Community Development Department. The temporary use was for the storage of material, truck parking, and other construction activity relating to flood mitigation. The temporary use was originally valid for thirty days; however, the use was extended many times at Osmun’s request to allow them to complete flood related projects for the Town of Estes Park and Larimer County. The property owner is terminating their lease and evicting them from subject property. The temporary use expired on January 31, 2015, and Osmun, Inc. continues to use the property.
Based on the review criteria staff finds the following:
1. The subject property is zoned CO – Commercial Outlying.
2. A construction storage yard is not an allowed use in the CO zone district without obtaining temporary use permit.
3. A temporary use permit will automatically expire after completion of construction or cessation of construction for more than sixty (60) days.
4. On January 14, 2015, a letter of completion was mailed and emailed to Tad Osmun and Adam Smith of Osmun, Inc. notifying them of the expiration of the temporary use.
Therefore, staff recommends the Board set a deadline for Osmun, Inc. to vacate the property and have it cleaned of all flood debris, equipment, construction material, and trash.
Mr. Reichardt gave a brief presentation regarding the background of this property. He explained that the tenant of the subject property is in violation of activities inconsistent with a permit and conditions of approval for a temporary use. Osmun, Inc.
Some discussion followed regarding what materials are being stored on the lot, what the materials are being used for, and the frequency of activity on the lot.
Chair Gaiter stated that action is usually taken against the owner of a property and not the tenant and requested clarification from the County Attorney regarding what recourse can be taken against the tenant in this case.
Ms. Haag stated that when the County goes to court, they typically list the owner and any occupants of the property. Therefore, if the Board finds a violation in this case it could be against both the owner and tenant.
Chair Gaiter opened the hearing up to the property owner, Gary Coleman. Mr. Coleman explained that he leased his property to Osmun, Inc. to help the Town of Estes Park who had hired them to assist on projects in the town. He requested the County’s help to remove Osmun, Inc. from the property.
Ms. Haag explained that Mr. Coleman could pursue an eviction action to remove the tenant. Mr. Coleman stated that he has served the tenant with an eviction notice, but that he is hesitant to go to court. Ms. Haag explained that an eviction action might get the tenant out more quickly than a zoning action.
Some discussion followed regarding the responsibility of payment for removing the equipment from the property.
Chair Gaiter then opened up the hearing to public comment and Greg Thompson, a neighbor to the subject property, addressed the Board. He expressed his desire to see Osmun, Inc. removed from the property because it is an eye-sore and a disruption to the neighbors in the surrounding area.
Chair Gaiter invited Mr. Coleman to speak again, and he expressed his desire again to remove the tenant from the property.
Commissioner Donnelly stated that he intends to support staff’s recommendation.
Commissioner Johnson asked if the property owner would be able to recover any costs if there is an eviction. Some discussion followed regarding this.
Chair Gaiter requested an immediate deadline for the County to take legal action on this item.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners find a violation exists consisting of the use of the property as construction storage area after the expiration of a temporary use approval and authorize the County to take legal action against the tenant as of today.
Motion carried 3-0.
The hearing adjourned at 3:40 p.m.
TUESDAY, MARCH 17, 2015
The Board of County Commissioners met at 9:00 a.m. with Lorenda Volker, Assistant County Manager. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Donna Hart, and Deni LaRue, Commissioners’ Office; Adrienne LeBailly, and Averil Strand, Health and Environment Department; Mark Peterson, Engineering Department; Marc Engemoen, Public Works Department; Jeannine Haag, County Attorney’s Office; and Dana Polley, Deputy Clerk.
Chair Gaiter opened the meeting with the Pledge of Allegiance.
1. PUBLIC COMMENT: There was no one present for comment.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 9, 2015:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of March 9, 2015.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 23, 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:
03172015A001 AGREEMENT BETWEEN LARIMER COUNTY AND LIVERMORE COMMUNITY WATER ASSOCIATION FOR WATER SYSTEM REPAIRS
03172015A002 CONTRACT AMENDMENT #1, PROJECT #17907, BRO C060-059, LCR 17 BRIDGE, BY AND BETWEEN LARIMER COUNTY AND THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION
03172015A003 DEVELOPMENT AGREEMENT FOR OPPENHEIMER SUBDIVISION FILE #14-S3218 BY AND BETWEEN LARIMER COUNTY AND BRIAN W. OPPENHEIMER
03172015A004 AGREEMENT FOR THE ESTABLISHMENT OF THE NORTHERN COLORADO PRO CHALLENGE LOCAL ORGANIZING COMMITTEE BY AND BETWEEN LARIMER COUNTY, CITY OF FORT COLLINS, CITY OF LOVELAND, AND THE TOWN OF WINDSOR
03172015A005 CONTRACT AMEDMENT NO. 1, CONTRACT NUMBER 14-55365A1, BY AND BETWEEN LARIMER COUNTY AND THE STATE OF COLORADO DEPARTMENT OF HEALTH CARE POLICY AND FINANCING
03172015D001 DEED OF TRAIL EASEMENT – ROBERT L. MEININGER AND MARY KAY MEININGER
03172015R001 RESOLUTION OF LARIMER COUNTY, COLORADO, AUTHORIZING THE INCURRANCE OF DEBT TO FINANCE AN ANIMAL CARE AND CONTROL FACILITY AS APPROVED BY A MAJORITY OF THE QUALIFIED ELECTORS OF THE COUNTY AT THE NOVEMBER 4, 2014 REGULAR ELECTION; PROVIDING FOR THE FORM
03172015R002 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR LITTLE RURAL LAND PLAN
03172015R003 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR OPPENHEIMER SUBDIVISION, FILE #14-S3218
03172015R004 FINDINGS AND RESOLUTION APPROVING THE CAMPION INDUSTRIAL PARK CONDOMINIUM MAP AMENDMENT
03172015R005 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOT 1 IN THE BIG VALLEY HOMESTEADS II R.L.U.P AND EASEMENT VACATION/RELOCATION
03172015R006 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 93 AND 96A OF GLACIER VIEW MEADOWS SUBDIVISION 8TH FILING AND UTILITY EASEMENT VACATION
03172015R007 FINDINGS AND RESOLUTION APPROVING THE BRIDGES APPEAL
MISCELLANEOUS: Oppenheimer Subdivision Final Plat; Request to Cancel Hiring Freeze Waiver Policy; Larimer County Grasslands Public Improvement District No. 59 Advisory Board Bylaws; Larimer County Misty Creek Public Improvement District No. 58 Advisory Board Bylaws; Larimer County Cobblestone Farms Public Improvement District No. 57 Advisory Board Bylaws; Recommended Mid-Term Appointment of Paul Schumacher to the Berthoud Community Library District Board of Trustees to fill the unexpired term of Lara Bonilla through December 31, 2015; Department of Human Services Payments for January 2015; Findings and Order; Use of Sheriff’s Office 2014 General Fund Turn Back and Equipment Reserve Funds to Add Sheriff’s Office Equipment to the Fleet Utility Model.
Motion carried 3-0.
5. COMMENTS FROM COMMISSIONERS’ GUESTS : There were no guests present for comment.
6. ACKNOWLEDGE AVRIL STRAND FOR MCKEE COMMUNITY HEALTH AWARD: Dr. LeBailly explained that Ms. Strand was awarded the 2015 McKee Community Health Award on March 12, 2015, for her contributions to the overall health and wellness of the Loveland community. Ms. Strand spoke briefly regarding her work in the community. The Commissioners commended her for her public service.
7. ACKNOWLEDGE DENI LARUE FOR COMMUNITY AT WORK PROGRAM 1ST PLACE AWARD “BEST NEWS/TALK SHOW HOST OR TEAM IN A MOJOR MARKET CATEGORY” FROM THE COLORADO BROADCASTERS ASSOCIATION: Ms. LaRue briefly spoke about the radio show, Community at Work, and the team of hosts who received this award. The three hosts rotate the show weekly and offer interviews highlighting the services their public agencies provide in the region. The Commissioners commended Ms. LaRue for her work on the show.
8. PILOT STUDY OF HIGH-HAZARD FLOODWAY USING FLOOD EROSION RISK FACTORS: Mr. Peterson and Mr. Engemoen gave a presentation of the potential process for analysis and delineation of high-hazard floodway using criteria related to risk factors such as flow velocity, flow depth, velocity-depth product, and erosion risk.
Some discussion followed regarding rebuilding damaged structures in floodplain areas. The Board agreed that this is a valuable study to pursue.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve allocating $75,000 towards a pilot study of flood risk factors to delineate a high-hazard floodway and erosion risk buffer on select portions of the Poudre River and Boxelder Creek.
Motion carried 3-0.
9. ASSISTANT COUNTY MANAGER WORKSESSION: Ms. Volker stated that the Northern Colorado Regional City and County Managers, who meet monthly, visited the Larimer County Human Services building this month. The managers did a tour of their alternative work space and the group was very impressed.
10. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities during the previous week.
11. LEGAL MATTERS: Ms. Haag requested that the Board go into executive session for legal advice regarding a pending lawsuit by neighbors of Mountain Whitewater Descents as outlined in 24-6-402 (4)(b) C.R.S.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners go into executive session for conferences with an attorney for the purpose of receiving legal advice on specific legal questions as outlined in 24-6-402 (4)(b) C.R.S.
Motion carried 3-0.
The meeting ended at 10:30 a.m.
LEW GAITER III
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Dana S. Polley, Deputy Clerk