> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 07/27/15  

 

 

 

 

 

 

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, JULY 27, 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:  Tony Brooks, Code Compliance Department; Eric Tracy, Engineering Department; Doug Ryan, Department of Public Health and Environment; Brenda Gimeson, Rob Helmick, and Michael Whitley, Planning Department; Rebecca Smith, Planning Department Intern; William Ressue, County Attorney’s Office; and Melissa DeYoung, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance.

 

Chair Gaiter 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:

 

1.         BRIDGES MINOR LAND DIVISION, FILE #15-S3317:   This proposal is a request to divide a 35+/- acre parcel into one two-acre parcel for a new residence and one 33.5-acre parcel that will remain to be used as irrigated agricultural lands. The property currently contains no improvements.  The Windsor Ditch separates this parcel.  The two-acre lot proposed for the residence is geographically elevated from the second proposed parcel and water is not accessible to produce crops on the parcel. The agricultural parcel will continue to be eligible for new accessory agricultural buildings only. No new single-family dwellings will be allowed on the agricultural parcel until such time as an application is submitted for further subdivision or development of the property, through an appropriate process outlined in the Land Use Code. 

 

This request also requires an appeal and lot size variance to allow the Minor Land Division option to be pursued on the property.  The appeal and lot size variance request was granted by the Board of County Commissioners on January 26, 2015. This application is the final step in the process to create the building site on the property.

 

The following agencies have provided comments or verbally indicated they have no comments to the proposal:

 

·   The Larimer County Department of Health and Environment

·   The Larimer County Surveyor

·   The Larimer County Engineering Department

·   The Larimer County Addressing Coordinator

 

All other affected utility companies have agreed to the request. The Larimer County Land Surveyor and Planning Department staff have made comments regarding some corrections that need to be made to the plat before recording. A condition of approval is proposed requiring the changes be made before the plat is recorded (see condition # 2).

 

The proposed Bridges Minor Land Division, file #15-S3317, along with the appeal and lot size variance previously granted meets all conditions of approval stated in sub-section 5.4.2 of the Larimer County Land Use Code.  Staff finds that with the conditions as listed below, the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Bridges Minor Land Division, file #15-S3317, subject to the following conditions and authorization for the chairman 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 January 27, 2016, or this approval shall be null and void.

 

2.    The newly created agricultural parcel will continue to be eligible for new accessory agricultural buildings only. No other development of the larger parcel will be allowed until and appropriate development review application has been approved by the County.   

 

3.    Prior to the recordation of the final plat the applicant shall make the technical corrections required by the Planning Staff and Brian Helminiak, Land Surveyor of the Larimer County Engineering Department.

 

4.    The owners shall dedicate a 50-foot half right-of-way along Larimer County Road 64.  This dedication shall be shown on the final plat. 

 

2.         MARTIN APPEAL, FILE #15-PSP0084:   This request is for the approval of an appeal to allow detached Accessory Living Area to be 1,016-square-feet 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-square-feet. In this particular case, County records indicate the existing residence on the property to be 3,902-square-feet in size, plus a 1,722-square-foot basement. The proposed size easily fits within the 40% of the main house but exceeds the allowed 800-square-feet so an appeal approval will be required for the owner to establish the size of 1,016-square-feet. The Public Site Plan review portion of this application was processed administratively and approved by the Community Development Director on July 7, 2015. 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:

 

·   Not subvert the purpose of the standard or requirement.

·   Not be detrimental to the public health, safety or property values in the neighborhood.

·   Not result in increased costs to the general public.

·   Be consistent with the intent and purpose of the Land Use Code.

 

The Development Services Team recommends approval of the Martin Appeal, file #15-PSP0084.

 

3.         GLACIER VIEW MEADOWS EIGHTH FILING LOTS 61 & 62 LOT CONSOLIDATION AND EASEMENT VACATION, FILE #15-3319:   This request is to combine two adjacent lots (Lot 61 is vacant and Lot 62 contains a single-family home that was constructed in 2002, of the Glacier View Meadows 8th Filing PUD) into one lot and vacate the 10-foot wide utility easements located along each side of the existing common lot line.

 

No neighbors have voiced any objections to this proposal. Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:

 

·   The Larimer County Department of Health and Environment 

·   The Larimer County Addressing Section

·   The Larimer County Engineering Department, Development Services

 

The Larimer County Assessor’s office has provided the new legal description for the consolidated lot.

 

The proposed Glacier View Meadows 8th Filing PUD Lots 61 & 62 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 Development Services Team finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Glacier View Meadows 8th  Filing PUD Lots 61 & 62 Lot Consolidation and Easement Vacation, file #15-S3319, subject to the following conditions:

 

1.         All conditions of approval shall be met and the final resolution recorded by January 27, 2016, 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 vacation of the utility easement and the reconfiguration of the lots lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.

 

4.         FRANK EXEMPTION PARCELS 1 & 2 AMENDED PLAT, FILE #15-S3322:   This application proposes to amend the plat of the Frank Exemption.  Originally approved in 1979, the plat created a small parcel in the Northwest corner of the property and dedicated some rights-of-way and easements. Subsequent to the platting there were references made to other easements for utilities and or access. The original configuration was changed when the Centerra Metro District condemned a right-of-way for the construction/reconstruction of Boyd Lake Avenue as required by the approval of that development. As a result, the subject parcel is essentially cut into two pieces because of its narrow configuration. This proposal would eliminate the small parcel in and create two parcels, which are consistent with the acquired right-of-way. This proposal also clarifies easements on the plat. 

 

This proposal allows reconfiguration the properties to reflect the current conditions resulting from the right-of-way condemnation. The City of Loveland has commented regarding easements and the need to correct them on the plat. No other agency or individual has noted a comment or concern with the Amended Plat.   

 

The Development Services Team recommends approval of the Frank Exemption Amended Plat, file #15-S3322, 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 January 27, 2016, or this approval shall be null and void. 

 

2.    Prior to the recordation of the final plat, the applicant shall make the technical corrections required by the Larimer County Engineering Department.

 

3.    Easements shall be corrected and or shown as requested by the City of Loveland.

 

5.         CHINOOK LANE RIGHT-OF-WAY VACATION, FILE #15-S3321:   This is a request for a partial vacation of a small arc of the right-of-way for Chinook Lane, which corresponds to maintaining a 25-foot setback for the edge of the right-of-way. A building permit for a new home was issued with a surveyor’s certification requirement.  When the foundation was poured, a 4.9-foot encroachment was discovered. The right-of-way for Chinook Lane is part of the lot, therefore, there would not be a boundary change with this proposal. The applicant has pursued this course of action rather than a variance to the setback due to the self-imposed nature of the need for the action. 

 

It is staff’s opinion that the requested right-of-way vacation meets the review criteria and no agency or individual has noted a conflict with its vacation. Therefore, the Development Services Team recommends approval of the Chinook Lane Right-of-Way Vacation, file #15-S3321; subject to the following conditions :

 

1.    The final legal description shall be provided.

 

2.    An easement for utilities and drainage shall be granted or retained as a part for this action. 

 

6.         MCGREW MINOR LAND DIVISION, FILE #15-S3318 :  North Poudre Irrigation (NPI) is in the process of reconstruction and rehabilitation of the dam and inlet of Reservoir #4. In the course of the work, it has been determined that the proposed parcel to be acquired by NPI is necessary to facilitate this work in this area. There will be other property adjustments by NPI in the area around the reservoir. Ultimately, all of these adjusted parcels will be joined to the Reservoir #4 ownership through an add-on agreement. The McGrew parcel is currently 20-acres and will be reduced by the 3.3-acres and right-of-way to approximately 16.5-acres. Because the land will be deeded to the NPI ownership, no lot size appeal is necessary; however, the timing is dependent upon other transactions around the reservoir. 

 

This Minor Land Division has been proposed to provide NPI the land needed to continue its work on the rehabilitation of Reservoir #4. The creation of these parcels meets the requirements of the Larimer County Land Use Code with the understanding that the new parcels will be added to the existing NPI ownership. The remaining parcel with improvements is consistent with the pattern of development already established in the neighborhood. 

 

Staff has evaluated this request and finds that, with the conditions recommended this request, meets the approval criteria for a Minor Land Division. Specifically, the staff finds:

 

·   The proposal is neither in a subdivision plat nor in previously approved exemption.

·   The lots proposed do not increase the impact or use in the community.

·   The access and traffic impacts in the general area do not change with this proposal.

·   The lot size proposed is not incompatible with others in the area.

·   The lot size proposed is adequate to support the existing development on the lot.

 

The Development Services Team recommends approval of the McGrew Minor Land Division, file #15-S3318, 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 January 27, 2016, or this approval shall be null and void. 

 

2.    Prior to the recordation of the final plat, the applicant shall make the technical corrections required by the Larimer County Engineering Department.

 

3.    Lot 2 shall be subject to a restriction to limit further development of the 3.3 acre lot by completing an add-on agreement no later than January 27, 2016.

 

M O T I O N

 

Commissioner Donnelley moved that the Board of County Commissioners approve the consent agenda as listed above.

 

Motion carried 3-0.

 

7.         MUSSELWHITE ZONING VIOLATION PUBLIC MEETING, FILE #15-CC0039:   The subject property owner is in violation of Sections 4.1.18 and 4.3.10. N of the Larimer County Land Use Code by permanently parking a food cart (Woody’s Snack Shack) on a C-Commercial Zoning District property that does not have an approved principal business on the property, only a residence.

 

On August 28, 2013, the property owner, Bill Musslewhite submitted a Pre-Application for Minor Special Review for approval of a restaurant/brew pub with an outdoor seating area, as well as Site Plan Review for multiple principal buildings on one lot. Applicants Bill and Laurie Musslewhite were informed about planning review requirements for the proposed use, and that a building permit, for a change of occupancy, would be required to convert the residence to a commercial use. The building permit application would require a code analysis done by a Colorado Licensed Architect and Colorado Registered Engineer. The applicants would also need approval from the Larimer County Health Department, Larimer County Engineering, Loveland Fire Rescue Authority, and the Colorado Electrical Board. No other inquiries were sought for the new restaurant/brew pub, no planning or building applications were made, and no approval was ever obtained for the current food cart use.

 

On January 15, 2015, Code Compliance received an email from Matt Lafferty and Terry Gilbert requesting a violation file be initiated for a temporary food cart business that was being operated permanently on the property. 

 

On January 20 and 21, 2015, Code Compliance Inspector Tony Brooks drove out to the property to take photos of the violations.

 

On January 30, 2015, Code Compliance Inspector Tony Brooks and Principal Planner Matt Lafferty met with Laurie Musslewhite to explain her options to achieve compliance. Her options were: 1.) Obtain a permit from the Building Department to convert the residential building to a commercial use and have the food cart become accessory to the principal use; or 2.) Make the food cart a permanent structure, on a permanent foundation, and make it the primary use or remove the food cart business from the property. Building Official Eric Fried informed the property owners of their options for converting the residence to a commercial use.

 

On June 24, 2015 the property owner appeared at the Community Development office, stated she would not comply with any of the options outlined, and requested Code Compliance go ahead and schedule a public meeting.

 

The property currently contains a residence and is being used for commercial purposes without obtaining a change of occupancy permit to resolve issues such as setback to property lines, fire-rated walls, unprotected openings within the required fire separation distance, fire sprinklers, floor loading, and handicap accessibility.

 

Additional concerns include parking, circulation, access from a state highway, sanitation, water supply, sewage disposal, outdoor seating area, and outdoor displays. The property owner has also exceeded the amount of signage allowed. In addition, there are state liquor law concerns with advertising and the owners; encouragement of customers to buy beer at a nearby brewery and bring it on to the property. 

 

1.    An accessory display and sales use is a secondary and accessory business use on a property where there is already a primary use or structure. Accessory display and sales items may be displayed outdoors only when the principal use is open for business. There is no approved principal commercial use on this property.

 

2.    All incidental equipment associated with the outdoor display and sales cannot be kept outside on the property overnight.

 

3.    One sign, 32-square-feet or smaller, may be attached to, or associated with the accessory use and must be removed with the accessory use.

 

4.    Approvals are required from Larimer County Planning, Health, Engineering and Building Departments, Loveland Fire Rescue Authority, and the Colorado Electrical Board.

 

Staff recommends that the Board of County Commissioners find that violations of the Larimer County Land Use Code and Building Code exist and require compliance within a time specified by the Commissioners.  If deadlines set by the Commissioners are not met, The Board shall authorize legal action to enforce county regulations.

 

Mr. Brooks addressed the Board and outlined the staff findings as listed above.

 

Mr. Ryan noted that the food truck had been inspected and the commissary located within the house on the property had been approved by the Health Department.

 

Mr. Musslewhite addressed the Board and stated that there had never been a request for approval to operate a brew pub, they had simply made an inquiry regarding the approval process. Furthermore, Mr. Musslewhite noted that the property has been under commercial use for decades and he was told, by the county, that the residence on the property could no longer be used as a home.

 

Chair Gaiter opened the hearing to public comment and both Marjean Carpenter and Louis Wacker addressed the Board to speak against the current use. Both noted that lights and noise could be heard late at night.

 

Tom Watkinson and Mike Hall addressed the Board to speak in favor of the current use and suggest amendments to the Land Use Code.

 

Mr. Musslewhite re-addressed the Board and stated that the noise and light disruptions described by Ms. Carpenter and Ms. Wacker most likely came from a neighboring property. Mr. Musslewhite noted that he had hosted a live band on the property at one time and that the family does use the property for private functions.

 

Much discussion ensued between the Board and staff.

 

Commissioner Johnson noted that while it was obvious that a violation had occurred, he believed that there should be some discussion regarding amendments to the Land Use Code. Therefore, he suggested that the Board set a deadline for compliance far enough into the future to allow amendments to occur, if necessary.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners find that violations of the Larimer County Land Use Code and Building Code exist, by virtue of an accessory use being present without a legal primary use, and the property shall be brought into compliance by April 1, 2016.

 

Motion carried 3-0.

 

The hearing adjourned at 4:35 p.m.

 

TUESDAY, JULY 28, 2015

 

ADMINISTRATIVE MATTERS

 

 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:  Denise Ruybal, Clerk and Recorder’s Office; Donna Hart, Commissioners’ Office; Charlie Johnson, Rusty McDaniel, and Mark Peterson, Engineering Department; Steven Balderson, David Bragg, and Jennifer Johnson; Facilities and Information Technology Department; Marc Engemoen, Department of Public Works; and Melissa DeYoung, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:  Dallas Maurer addressed the Board for public comment.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 20, 2015:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of July 20, 2015.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 3, 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:

 

07282015A001           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND SCOTT A. & MARGARET B. GLICK FOR S BAR G CONSERVATION DEVELOPMENT

 

07282015A002           AMENDED AND RESTRICTED DEED OF CONSERVATION EASEMENT WITH ESTES VALLEY LAND TRUST

 

07282015A003           INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF THE COLORADO FRONT RANGE TRAIL FROM LOVELAND TO FORT COLLINS

 

07282015R001           FINDINGS AND RESOLUTION APPROVING THE MACKINNEY DETACHED ACCESSORY LIVING AREA APPEAL

 

07282015R002           FINDINGS AND RESOLUTION APPROVING THE VACATION OF A UTILITY EASEMENT ON LOT 2 IN MEADOWDALE HILLS 2ND FILING

 

07282015R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 6 IN THE MOUNTAIN RIVER RANCH CONSERVATION DEVELOPMENT

 

07282015R004           FINDINGS AND RESOLUTION APPROVING THE SECOND AMENDMENT TO THE MORNING FRESH DAIRY SPECIAL REVIEW

 

07282015R005           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE REGARDING HIGH PARK FIRE REBUILDING PROGRAM RESOLUTION

 

07282015R006           RESOLUTION OF THE LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT #2013-1 (BERTHOUD ESTATES) IN THE COUNTY OF LARIMER, COLORADO, ORDERING THE CONSTRUCTION, INSTALLATION, COMPLETION, AND ACQUISITION THEREIN OF CERTAIN LOVAL IMPROVEMENTS

 

MISCELLANEOUS:   Findings and Order – Peter Verchick, doing business as, Flower Power Botanicals; Colorado Department of Labor and Employment Grant Closeout Package for Grant #14-KAA-0007; and S bar G Conservation Development Final Plat.

 

LIQUOR LICENSES:  The Growing Project – Special Event 6% – Fort Collins.

 

Motion carried 3-0.

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS :  Mr. Engemoen addressed the Board at the request of Chair Gaiter to explain the maintenance of County Road 18. Chair Gaiter noted that maintenance of the road had been discussed during the Public Comment section of Administrative Matters on July 20, 2015.

 

Mr. Engemoen explained that the county does not maintain the road because it is not a through road and is utilized only by members of the subdivision. Mr. Engemoen also noted the cost of maintaining County Road 18, and other similar roads, would cost the county approximately $150,000 per year.   

 

6.         COURTS 5TH FLOOR REMODEL AND REMOVAL OF BUILDING DUMB WAITER:   Chief Judge Stephen Shapanski and Ms. Johnson addressed the Board to request approval to remodel the 5th floor of the Justice Center to remove a dumb waiter, provide space for an additional staff member and add a private conference room.  The existing space is one office, one conference room and a coffee bar.  The proposed change is to remove the coffee bar area, develop two conference rooms and one workstation.  In addition, the unused building dumb waiter is taking up space that is usable on all floors of the building, in particular, this need on the 5th floor and another upcoming request for the 1st floor.  For this reason, Ms. Johnson proposed to remove the conveyor system throughout the building during this project. 

 

Discussion ensued between the Board, staff, and Judge Shapanski regarding the due diligence performed to ensure the best use of county dollars. Ms. Johnson and Judge Shapanski assured the Board that the proposed remodel was the best solution for placement of growing staff.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the use of $91,000 from the 512 Fund to remodel the Family Facilitator suite on the 5th floor of the Justice Center and remove and infill the dumb waiter space on all floors of the building.

 

Motion carried 3-0.

 

7.         ADDITIONAL OFFICE AT 2555 MIDPOINT FOR ADDED PROBATION STAFF:   Mr. Gastelle and Ms. Johnson addressed the Board and explained that the State of Colorado has assigned two additional Probation Supervisors for the 8th Judicial District.  Office space has been maximized at all locations that house probation, but found a fit for a new private office at 2555 Midpoint along with space for a high walled work station to accommodate the request for two staff.

 

The County provides space for the Probation Department and therefore, Mr. Gastelle and Ms. Johnson requested $18,040 from the Board to build the new office space and relocate some of the existing fixtures. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve $18,040 from the 512 Fund for the addition of one office at 2555 Midpoint for added Probation staff.

 

Motion carried 3-0.

 

8.         BOARD OF COUNTY COMMISSIONERS TO CONVENE AS BOARD OF EQUALIZATION TO APPROVE RECOMMENDATIONS OF THE COUNTY BOARD OF EQUALIZATION REFEREES: Ms. Ruybal addressed the Board and requested approval of the recommendation of the referees of the County Board of Equalization.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners convene as the County Board of Equalization.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Johnson moved that the County Board of Equalization approve the recommendation of the County Board of Equalization hearings for the week of July 21-24, 2015.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Johnson moved to adjourn meeting as the County Board of Equalization and reconvene as the Board of County Commissioners.

 

Motion carried 3-0.

 

9.         LETTER TO FOX HILL SUBDIVISION :  Commissioner Johnson explained to the Board that there was no longer a need to send a letter to the Fox Hill Subdivision on behalf of county citizens.

 

10.       ASSISTANT COUNTY MANAGER WORKSESSION:   Ms. Volker noted her attendance at a meeting for Women of Vision Event.

 

11.       COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the last week. 

 

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

 

There being no further business, the meeting adjourned at 10:00 a.m.

 

 

 

 

_______________________________

 LEW GAITER III

BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Melissa E. L. DeYoung, Deputy Clerk