> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 04/20/15  




Monday, April 20, 2015




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: Robert Helmick, and Terry Gilbert, Planning Department; Traci Shambo, Engineering Department; Doug Ryan, Health and Environment Department; Jeannine Haag, County Attorney’s Office; and Dana Polley, Deputy Clerk.


Chair Gaiter opened the hearing with the Pledge of Allegiance. He 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.


Commissioner Johnson asked staff what the first appeal was for item #4, Bowser Second Appeal, File #15-G0285. Mr. Helmick explained that the first appeal was to allow the mobile home to be a storage unit, and the current appeal is to make the unit permanent. He further stated that there has been no feedback from neighbors regarding this application.


2.         LETITIA LAKE LOTS 13-16, BLOCK 5 LOT CONSOLIDATION, FILE #15-S3288:  This is a request for a Lot Consolidation to combine lots 13 through 16 of the Letitia Lakes Subdivision into one lot.  If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners. All lots currently access Robin Path and that access will remain.   All lots are owned by the same individuals.  There is currently one single-family residence on the property.  Lots in this subdivision were platted in 1928. 


Based on the review criteria, staff finds that the proposed Letitia Lakes, Lots 13 through 16, block 5, Lot Consolidation 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.


Therefore, the Development Services Team recommends approval of the Letitia Lake Lot Consolidation for Lots 13 through 16, block 5, File #15-S3288, subject to the following conditions:


1.   All conditions of approval shall be met and the final resolution recorded by October 20, 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.


3.          TEAL CREEK PLANNED UNIT DEVELOPMENT EXTENSION OF DEVELOPMENT AGREEMENT & LOT SALE RESTRICTION, FILE #99-S1415: This is a request to extend the Lot Sale Restriction and the Development Agreement for an additional five years. 


The developers of the Teal Creek PUD have proposed to extend the term of the development agreement and the Lot Sale Restriction on the Development for an additional five years. The continuing market conditions and the banking industry have created a situation for the developer that apparently continues to be economically unfeasible.  Further, the domestic water provider has changed policies with respect to the use of native water the applicant owns and the applicant needs additional time to sort out this situation with the provider to be able to provide water taps for the development.


In 2009, the Board of County Commissioners took action to provide direction to the staff regarding collateral for development projects allowing the Planning Department to utilize the temporary modification of the Larimer County Land Use Code Section 12.6.1-3 - Collateral requirements.  This policy included the following: For plats recorded and collateral expiring soon staff is directed to review the details of each case and schedule a show cause hearing as to why the plat should not be vacated due to fundamental change in conditions in the area; or in small projects consider using the existing collateral to complete the improvements or in appropriate situations work with the developer to replace expiring collateral with a lot sale restriction on all lots and common areas.


In the case of the Teal Creek PUD, the developer has always worked with the staff in a proactive manner and broke ground in 2003 with the first lot sale restriction and other “innovative” ideas in their original Development Agreement. 


Given the time that has passed and the relative maturity of the project, the staff has seriously considered the requests of the developer in the past.  Staff believes the developers request for an additional five years to begin construction is reasonable due to the size of the project.  This project has been recorded and the developer has remained in communication with the team regarding issues is somewhat unique.  However, the team believes that if after these five years the project has not broken ground, there should be serious consideration of vacating the plat.  It will have been almost 20 years from the time of original approval and standards and requirements will have substantially changed in that time. 


The Development Services Team recommends approval of the Modified Development Agreement and Lot Sale Restriction for the Teal Creek PUD subject to the following conditions:


1.   Extend the vesting of this development an additional 5 years from the date of recording of the agreement, noting that this will be the last extension.


2.   Authorize the staff to prepare with the developer an amended agreement reflecting the additional five years.


4.         BOWSER SECOND APPEAL, FILE #15-G0285:  This is a request for an appeal to Section 4.3.10.D of the Larimer County Land Use Code to allow a mobile home previously approved as a temporary storage building to be used on a permanent basis as a storage building.


The applicant proposes to utilize a singlewide mobile home as a storage building on his property.  The mobile home previously was located on the property as a home but was replaced by a newer double wide home.  An existing storage building was on the property and removed due to structural issues.  Discussions with the applicant indicate a desire to convert the previously converted mobile home use to storage on a permanent basis.  The relevant code language is noted below, emphasis is added. 


4.3.10. D  Storage buildings and garages. Each lot may include detached storage buildings and garages for the sole use of the occupants of the principal building or principal use on that lot. The total ground floor area of all storage buildings and garages on a lot cannot exceed ten percent of the lot's net area. Semitrailers with attached running gear (i.e. axels, wheels) cannot be used as storage buildings or garages. Only those buildings that are designed, constructed and approved by the Larimer County Building Department as storage buildings or garages may be used for this purpose. Manufactured homes, including pre-1974 mobile homes, cannot be used as storage buildings, barns or garages.


The applicant in his materials indicates that this structure is no longer a “mobile home” due to the removal of an exterior wall replaced by folding doors and the interior non-bearing walls and all of the plumbing.  These were specifically the kinds of issues that have been discussed by decision makers in the past that raise concern about the use of these structures in this way.


Based on the review criteria, the team finds the request meets the requirements of the Code.  No referral comment has noted any issues with the request. Therefore, the Development Services Team recommends approval of the Bowser 2nd Appeal, File # 15-G0285, subject to the following condition:


1.   The applicant shall obtain all required permits, permissions, approvals and inspections from the Larimer County Building Department or as directed by that department prior to the use of the structure, and no later than 60 days from this approval.




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


Motion carried 3-0.


1.         TOLAND MINOR LAND DIVISION, FILE #15-S3281:  This is a request for a Minor Land Division to create four lots of .62, .52, .46 and .28 acres from an existing parcel of 2.25 acres. One home exists on the property and two were destroyed in the 2013 flood.  


This Minor Land Division is proposed to allow the owner to recover some losses associated with the 2013 flood.  The owner has previously worked with the Planning Department in 2010 to complete a non-conformity determination on the property. That non-conformity decision determined there were three dwellings, all legal, non-conforming, and two separate parcels also both legal, one of which was vacant.  In the time since that determination, the owner had worked on the dwellings to address some building code issues and repairs.  We did note at that time that separating the dwellings or using the vacant property would present technical challenges, due to the size of the property, its physical characteristics and the proximity to the river and ditch.


The property’s north boundary is the Big Thompson River and to the south the Handy Ditch is a part of the boundary with a small area across the ditch fronting on the county road.  In the flooding, two of the dwellings and their septic systems were completely destroyed and the landform changed substantially.  Only a very small part of one of the destroyed dwellings was touched by any flood designation, so no flood insurance existed on the property.  The owner has also had some life changing events in the interim.  The applicant has made this proposal as a method to become “whole” with their losses associated with the property.  Based on the original non-conformity determination and a subsequent determination regarding rebuilding after the flood the applicant is proposing a four lot Minor Land Division.  This would create a lot for each of the existing/pre-existing dwellings and an additional lot to use the “credit” for a vacant parcel. 


The Team has evaluated this request and finds that with certain conditions recommended this request meets the approval criteria for a Minor Land Division. Specifically the Team finds:


1.   The proposal is neither in a subdivision plat of previously approved exemption.


2.   The lots proposed do not meet the minimum lot area required in any of the three zoning districts associated with the property and would need to have approved lot size appeals. 


3.   An analysis of the lot size appeals reveals that it can be supported if the concerns of the Health Department are dealt with as suggested. 


4.   The access and traffic impacts do not change with this proposal. 

The applicant proposes four lots, which is not supported by the lot area and previous use of the lot.  The team does support the creation, with certain conditions, of three lots.


The Development Services Team recommends that if the Board of County Commissioners approve the Toland Minor Land Division, File #15-S3281, it should be subject to the following conditions and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:


1.   All conditions of approval shall be met and the Final Plat recorded by October 20, 2015, or this approval shall be null and void.


2.   This approval is only for three lots; the land area south of the ditch shall be made a part of one of the three lots. 


3.   Prior to the recordation of the Final Plat, the application shall make technical corrections required by the Larimer County Engineering Department.


4.   The Plat shall be revised to reflect the needed dedication of ditch easement for the Handy Ditch.  This shall be 30 feet from the top of bank on either side of the ditch.


5.   The necessary Right of Way dedications for County Road 22H and other easements shall be placed on the plat. 


6.   The plat shall be titled as an exemption from subdivision.


7.   The three dwellings will be served by the single shared well.  The technical reason for this is that the is not enough lot area to provide the minimum 100 foot separation for wells and absorption systems if each lot contained its own well.  The Division of Water Resources has indicated that the existing well could continue to be used for three residences if the MLD was created as an exemption from the subdivision standards.


8.   The replacement sewer systems for the cottages must be located a minimum of 100 feet from the south top bank of the Big Thompson River, and 100 feet from the water well.  Because this is a repair, the Department of Health and Environment can allow some encroachment of the normal 100 foot setback from the Handy Ditch.  Based on measurements at the site, the most feasible way to meet these setback standards appears to be a shared absorption field for the two cottages to be located near the east property line. 


9.   Because all three dwellings would use a common well, and the cottages will presumably use a common septic absorption field, suitable easements shall be developed to ensure continued access for their use and maintenance.


10.   The applicant shall prepare Engineers Design, prior to completion of the plat, that shall clearly show how the water and sanitation systems will be accommodated on the site.  Setbacks from the river, the ditch and property lines shall be shown as well as the project floodplain area.  This is necessary so that system easement(s) can be depicted on the plat. 


11. The applicant must ensure a sign reading “County Road 22H” or similar is permanently erected at the intersection of Larimer County Road 22H and US 287. Additionally, a “monument-type” sign showing the address range of the four lots, shall be installed at the intersection of the private drive with County Road 22H, to assist with wayfinding for the four buildings.


12. Each building address is required to be affixed on the side of the building visible form the road. Address numerals shall be minimum 4 inches in height and 0.5-inch stroke width, and be a color that contrasts with the background color (wall color) to ensure visibility from the street.


Mr. Helmick gave a brief presentation of the proposed Minor Land Division. Mr. Ryan suggested language changes to a number of the conditions. These changes are only grammatical and do not change the content of the conditions. Mr. Ryan reviewed the changes.


Chair Gaiter explained that this application has already undergone a full hearing, and therefore, there will only be commissioner discussion.


Commissioner Johnson stated that he reviewed the film and minutes from the previous hearing. He mentioned that the letter submitted from the Loveland Fire Rescue Authority addressed some conditions that were not represented in staff’s conditions of approval, and he would like to see them added.


Chair Gaiter requested to remove the last sentence from condition #4, due to discussion with the County Attorney determining that the county can not force two parties to enter into an agreement.


Commissioner Johnson agreed with Chair Gaiter that forcing the two parties into an agreement is beyond the land use concerns.


Commissioner Donnelly explained that the County has made two parties enter agreements in the past as a condition of approval, and this application should be no exception.




Commissioner Donnelly moved that the Board of County Commissioners approve the Toland Minor Land Division, File #15-S3281, subject to the conditions as presented by staff, and outlined above.


Motion failed 1-2, Chair Gaiter, and Commissioner Johnson dissenting. 




Commissioner Johnson moved that the Board of County Commissioners approve the Toland Minor Land Division, File #15-S3281, subject to the conditions as outlined above and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature, with the following changes: the date in condition #1 be changed from September 23, 2015 to October 20, 2015; strike the last sentence from condition #4; add condition #3 & #4 from the Loveland Fire Rescue Authority as conditions of approval; and include Mr. Ryan’s grammatical changes.


Motion carried 2-1, Commissioner Donnelly dissenting.


The hearing adjourned at 3:40 p.m.






The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Donna Hart, Commissioners’ Office; Laurel Kubin, Cooperative Extension Office; Joan Friedman, and Jacob Castillo, Workforce Center; 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.






Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of April 13, 2015.


Motion carried 3-0.


3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 27, 2015:  Ms. Hart reviewed the upcoming schedule with the Board.


4.         CONSENT AGENDA:




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








MISCELLANEOUS: Findings and Order – Petition for Inclusion Larimer County Pest Control District.


LIQUOR LICENSES:  The following licenses were approved and/or issued: The Baldpate Inn – Hotel and Restaurant – Estes Park; Mountain Whitewater Descents – Beer and Wine – Fort Collins; Beaver Meadows Resort Ranch – Hotel and Restaurant with Optional Premise – Red Feather Lakes.           


Motion carried 3-0.


5.         COMMENTS FROM COMMISSIONERS’ GUESTS:  There were no guests present for comment.


6.         PRESENTATION OF LARIMER COUNTY 4-H NATIONAL CONFERENCE DELEGATES:  Ms Kubin explained that the National 4-H Conference is a premier event for the top 4-H members in the nation. She introduced three of the seven Colorado delegates who attended the National 4-H Conference in Washington D.C. The delegates, Geoffrey Diehl, Nora Rudnick, and Jenny Golbuff, explained the selection process; as well as, their contributions to the conference.


7.         COMMISSIONER ACTIVITY REPORTS: Commissioner Johnson and Donnelly reviewed their activities during the previous week.


Commissioner Donnelly mentioned that Loveland voters created a Downtown Development Authority earlier this year, and he was asked to represent Larimer County on their board.




Commissioner Johnson moved that the Board of County Commissioners designate Commissioner Donnelly as Larimer County’s representative to the Loveland Downtown Development Authority.


Motion carried 3-0.


8.         DESIGNATION OF LARIMER COUNTY AS A LOCAL WORKFORCE DEVELOPMENT REGION:  Ms. Friedman explained that the newly passed Workforce Innovation and Opportunity Act (WIOA), which is a funding source for the Larimer County Workforce Center, requires that each local area designated under the current Workforce Investment Act request local area designation through the Colorado Workforce Development Council to the Governor. This designation will allow continued alignment of service delivery that encompasses education, economic development and workforce development.




Commissioner Donnelly moved that the Board of County Commissioners approve the submittal of a formal request to the Colorado Workforce Development Council requesting Larimer County receive initial designation as a local Workforce Development Area under WIOA.


Motion carried 3-0.




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


11.       COUNTY MANAGER WORKSESSION:  Ms. Hoffmann stated that there is a newly formed steering committee under Larimer County’s Wellness Program. The program is hoping to move from a strictly wellness approach to a more holistic wellbeing approach.


She also explained that the State and FEMA have determined to delay reimbursement of some flood recovery expenses until closeout, which is an unclear date in the future. The sum of these expenses for Larimer County is around $500,000. Ms. Hoffmann has reached out to the State regarding these reimbursements and will continue to follow-up on this.


Commissioner Donnelly stated that the State held a series of Community Development Block Grant meetings yesterday during which data was released showing sub-allocations for FEMA dollars for infrastructure and housing with a breakdown of 50% of dollars going to Boulder County, 19% going to Larimer County, and 13% going to Weld County.


Ms. Hoffmann said that she has met with Lori Hodges, Director of Recovery, regarding this allocation breakdown. Ms. Hodges has requested clarification from the State concerning what criteria was used to review applications.


Ms. Hoffmann requested the Board make a formal request for this information. The Board agreed.


12.       LEGAL MATTERS:  There were no legal matters to discuss.


The meeting ended at 9:40 a.m.         




















Dana S. Polley, Deputy Clerk