MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Pro Tem Johnson presided and Commissioner Donnelly was present. Also present were: Brenda Gimeson, Michael Whitley, Rebecca Smith, and Robert Helmick; Planning Department; Clint Jones, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.
Chair Pro Tem Johnson opened the hearing with the Pledge of Allegiance.
Chair Pro Tem Johnson then noted that there are three items on the consent agenda that would not be discussed unless requested to do so by the Board, staff, or members of the audience. All items remained on consent:
1. KLEE APPEAL, FILE #15-PSP0082: This is a request for an appeal to allow detached Accessory Living Area to be 840 sq. ft. rather than the square footage allowed by Section 4.3.10.H.2.c of the Land Use Code. The Accessory Living Area regulations allow the accessory unit to be 40% of the main house square footage exclusive of basements and garages, not to exceed 800 sq. ft. In this particular case, County records indicate the existing residence on the property to be 1350 square feet in size. The owners’ records show 1830 square feet. The owner has verbally stated that open porch areas were enclosed over the years by a former owner and changed to habitable space, therefore causing the increase in square footage for the home. No permits were applied for those additions; therefore there is a conflict in the records. In either event, whether the home is 1350 or 1830 square feet, an appeal approval will be required for the owner to establish the size of 840 square feet, as the request exceeds both the 40% requirement (in either case) and the 800 square foot requirement.
The Public Site Plan review portion of this application was processed administratively and approved by the Community Development Director on May 22, 2014. This application is for the size appeal only.
The Development Services Team finds that the proposed appeal, allowing additional square footage to the Accessory Living Area will:
o Not subvert the purpose of the standard or requirement.
o Not be detrimental to the public health, safety or property values in the neighborhood.
o Not result in increased costs to the general public.
o Be consistent with the intent and purpose of the Code.
The Development Services Team recommends Approval of the Klee Appeal File #15-PSP0082.
2. SUNDANCE TRAIL AMENDED SPECIAL REVIEW, FILE #14-Z1944: This is a Public Hearing Review of an amended Special Review for an existing guest ranch to add wedding/meeting /community hall facilities and additional staff housing This request was on the consent agenda. There was no request by the Larimer County
Planning Commission to remove the application, and except for the applicant; no one was present to discuss the application. The application remained on the consent agenda and was recommend to the Board of County Commissioners for approval by the Larimer County Planning Commission.
The Planning Commission recommend to the Board of County Commissioners approval of the Sundance Trail Amended Special Review, file #14-Z1944, for the property described on “Exhibit A” to the minutes, 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 Sundance Trail Amended Special Review file # 14-Z1944 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 Sundance Trail Amended 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 to the property and reviews of 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. Final water system and treatment must have received approval from the CDPHE prior to construction. Proof shall be provided to the County prior to or as a part of any permit application.
9. Final on site sewer system design must be approved by the Health Department prior to or as a part of any permit application
10. Final site plans must address the issues of the Engineering Department.
11. The conditions of approval from the 1993 application shall be modified with respect to:
# 3 Roaming dogs -- Dogs may be allowed off leash on site.
# 9 Camping – No more than 6 RV’s may be allowed on site at any one time including the owners RV. Tent use by guests shall be allowed. Any RV’s or tents used shall not increase the overall occupancy of the site.
#10 signs – Are now regulated by Section 10 of the Land Use Code.
3. UNDERWOOD APPEAL, FILE #15-G0287: This is a request for an appeal to Sections 4.3.10.H.1.b & d of the Larimer County Land Use Code to allow a 1,200-square foot attached Accessory Living Area, without a doorway that connects the Accessory Living Area to living area within the home.
This property has an existing single family dwelling with an attached three-car garage. The applicant is proposing to construct an addition to the home to create a 1,200-square foot Accessory Living Area.
Attached Accessory Living Areas within single-family homes are allowed by right in the Land Use Code provided they meet the Code requirements.
The applicant is requesting an appeal to Sections 4.3.10.H.1.b & d of the Larimer County Land Use Code. Those sections read:
b. An addition to a single-family dwelling to accommodate an accessory living area must be architecturally compatible with the existing structure and at least 12 feet along one wall of the accessory living area must be contiguous to a wall of the single-family dwelling with a doorway that allows passage between the single-family dwelling and the accessory living area. This door must connect to living area in the dwelling.
d. The total square footage of the accessory living area must not exceed 40 percent of the total square footage of the single-family dwelling, excluding any basement or garage area, whether finished or not, or 800 square feet, whichever is less.
The Land Use Code doesn’t specify what qualifies as living area within the dwelling but the 2012 International Residential Code defines living space as, “Space within a dwelling unit utilized for living, sleeping, eating, cooking, bathing, washing and sanitation purposes.” Hallways, stairways and foyers would not be considered living space.
The applicants have not finalized their addition floor plan. The Accessory Living Area would have a doorway connecting to the main home but the floor plans they have considered do not have doorways that connect to living space within the home.
The applicants’ home, excluding garage and basement area, is 2,958 square feet which would allow an Attached Accessory Living Area of 800 square feet without an appeal. The appeal request is to allow the Accessory Living Area to be 1,200 square feet.
All other requirements for an Attached Accessory Living Area would be met. There will be one main entrance to the home, one set of utility meters and one address for the property and the Accessory Living Area would be used solely guests or family members. The area would not be rented or leased separately from the single-family dwelling.
Review agency comments are attached and are summarized below.
· The Department of Health and Environment has indicated that the property is served by the Fort Collins-Loveland Water District and South Fort Collins Sanitation District.
· The Code Compliance Section has indicated that if the appeal is granted, the owners will need to obtain the required building permit and inspection approvals.
· The County Engineering Department has stated no objections to the requested appeal.
· The Larimer County Building Department has indicated that a building permit is required for this project and noted that some Building Code requirements that are applicable to duplex units may be required with the construction of the addition.
The Development Services Team finds the request meets the review criteria of Section 22.2.3 as outlined in the Land Use Code. The Development Services Team recommends approval of the Underwood Appeal, File #15-G0287, subject to the following conditions:
1. The owner is responsible for obtaining all required building permits for the Attached Accessory Living Area and paying all applicable fees related to the building permit.
2. The habitable space of the Attached Accessory Living Area shall not be further expanded beyond the proposed 1,200 square feet.
3. At the time of the building permit application, the owner shall sign an Attached Accessory Living Area Agreement which will indicate what the owner has agreed to as well as advise potential future lot buyers of the restrictions placed on the Accessory Living Area.
4. The Accessory Living Area is to be used solely for the guests of the occupants of the single-family dwelling.
5. The Accessory Living Area must not be rented or leased separately from the single-family dwelling.
6. 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 appeal approval.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as outlined above.
Motion carried 3-0.
The hearing adjourned at 3:05 p.m.
TUESDAY, JUNE 9, 2015
The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman Assistant County Manager. Chair Pro Tem Johnson presided and Commissioner Donnelly was present. Also present were: Donna Hart, Deni LaRue, and Lori Hodges, Commissioners’ Office; Pam Gardner, Heather Buoniconti, Lauren Ross Dewey, Food Bank Award Presenters; Lynda Meyer, and Amber Franzel, Human Services; Terry Gilbert, Planning Department; Gary Buffington, and Kerri Rollins, Natural Resources Department; Charlie Johnson, Engineering Department; and Gael Cookman, Deputy Clerk.
Chair Pro Tem Johnson opened the meeting with the Pledge of Allegiance.
1. PUBLIC COMMENT: There was no one present for public comment.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 25, 2015, AND JUNE 1, 2015:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of May 25, 2015, and June 1, 2015.
Motion carried 2-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF JUNE 15, 2015: Ms. Hart reviewed the upcoming schedules with the Board.
4. CONSENT AGENDA:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as outlined below:
06092015A001 AGREEMENT FOR FOOD SERVICE FOR LARIMER COUNTY CRIMINAL JUSTICE SERVICES
06092015A002 DEVELOPMENT AGREEMENT FOR MARTIN CONSERVATION DEVELOPMENT
06092015A003 CONTRACT BY AND BETWEEN LARIMER COUNTY ENGINEERING AND TEMPLE CONSTRUCTION COMPANY, LLC TO CONSTRUCT BID NUMBER 15-07, PROJECT NUMBER 94914 – NON-COUNTY MAINTAINED ROAD REPAIRS FROM CEDAR PARK TO ESTES PARK
06092015D001 DEED OF DEDICATION – GATEWAY PROPERTY HOLDINGS, LLC
06092015D002 DEED OF DEDICATION – DON E. WRIGHT AND DELORES H. WRIGHT
06092015D003 DEED OF DEDICATION – JAY W. ORDWAY AND MARY ANN ORDWAY
06092015D004 DEED OF DEDICATION – LARRY S. FARNHAM AND DAPHNE L. FARNHAM TRUST
06092015R001 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 13, 14, 15, AND 16, BLOCK 5, LETITIA LAKES SUBDIVISION
06092015R002 RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE REGARDING THE RURAL LAND USE PROCESS
06092015R003 FINDINGS AND RESOLUTION APPROVING THE MARTIN CONSERVATION DEVELOPMENT PRELIMINARY PLAT
06092015R004 FINDINGS AND RESOLUTION APPROVING THE BOWSER 2ND APPEAL
06092015R005 FINDINGS AND RESOLUTION APPROVING THE EXTENSION OF THE TEAL CREEK PUD DEVELOPMENT AGREEMENT AND LOT SALE RESTRICTION
06092015R006 FINDINGS AND RESOLUTION APPROVING THE SCHLEGEL APPEAL
AND RESOLUTION APPROVING THE TOLAND MINOR LAND DIVISION AND LOT SIZE APPEAL Robin
MISCELLANEOUS: Recommended mid-term appointment of Roger Fankhauser to GID #4 Carriage Hills to fill the unexpired 3-year term of Lonnie Berrett through November 30, 2016.
LIQUOR LICENSES: The following licenses were approved and/or issued: Save the Poudre – Poudre Waterkeeper – Special Event 6% - Fort Collins; Junior League of Fort Collins – Special Event 6% - Fort Collins; Sandy’s Convenience Store – 3.2% - Loveland; Little Big’s – 3.2% - Fort Collins; Glen Echo Resort – Hotel & Restaurant - Bellvue.
Motion carried 2-0.
5. COMMISSIONERS’ GUESTS: There were no guests present today.
6. FOOD BANK TROPHY PRESENTATION: Ms. Gardner, Ms. Buoniconti, and Ms. Dewey presented the food bank contest trophy, noting this was the fifth year in a row that Larimer County has won the trophy over the City of Fort Collins. The combined efforts of both entities resulted in $21,843 dollars, and 2,500 pounds of food donated to the food bank. The Board congratulated Ms. Gardner on her efforts and success of eight years of continual service as the Food Drive Coordinator for Larimer County.
7. WORLD ELDER ABUSE AWARNESS DAY PROCLAMATION: Ms. Meyer and Ms. Franzel noted that they are having an event on Friday, June 12, 2015, to help raise awareness on elder abuse, noting that there are five million Americans that are victims of this abuse and out of each case that is reported, there are 23.5 cases that go unreported. Commissioner Donnelly read the proclamation aloud.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners proclaim June 15, 2105, as World Elder Abuse Awareness Day.
Motion carried 2-0.
8. 2013 FLOOD ACQUISITION PROGRAM: Mr. Gilbert, Mr. Buffington, Ms. Rollins, Mr. Johnson, and Ms. Hodges explained that following the September 2013 flood, county staff identified 80 properties which had either a primary residential or primary commercial building substantially damaged by the flood, and of those 18 properties were prioritized for inclusion to apply for the Hazard Mitigation Grant Program (HMGP). Since August of 2014, eight of the original 18 properties have dropped out of the program. Mr. Gilbert stated that there are many requirements contained within the HMGP that are quite costly and time consuming, and suggested that the 10 remaining properties be mitigated and/or acquired alongside the other 70 other properties. He noted the advantages as follows: the County would be better stewards of tax payer funds; the overall cost would be less; and it would provide for more flexibility in the management and resale of the purchased properties. The disadvantages were that the County would potentially be turning down FEMA funds for the acquisition of 10 properties. Some discussion ensued, and the Board supported the staff recommendation.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the request to withdraw Larimer County’s Hazard Mitigation Program Acquisition Application and to authorize the Community Development Director to initiate the voluntary acquisition of approximately 80 properties, subject to the conditions as outlined by the Community Development Director.
Motion carried 2-0.
9. NOTICE OF INTENT – STREAM MONITORING SYSTEM FOR THE LITTLE THOMPSON RIVER: Mr. Gilbert and Ms. Hodges requested the Board’s support on submitting a Notice of Intent for a Stream Monitoring System for the Little Thompson River. They noted that the goal is to provide an effective Stream Monitoring System and early warning system for the residents of Larimer County who live above Lyons. Mr. Gilbert stated that the initial estimated cost would be between $200,000 and $300,000, with the State contributing 12.5% ($25,000 to $37,500), and the County’s share would be 12.5% ($25,000 to $37,500). Actual cost will be determined prior to the application being submitted.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners authorize the Chair to sign the Notice of Intent when it is completed, due to a limited turn-around time requirement.
Motion carried 2-0.
10. COUNTY MANAGER WORKSESSION: There were no items to discuss.
11. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities during the previous week.
12. LEGAL MATTERS: There were no legal matters to discuss.
The Board recessed at 10:00 a.m.
LEW GAITER III
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk