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 Johnson and Donnelly were present. Also present were: Clint Jones, Engineering Department; Doug Ryan, Environmental Health Department; Brenda Gimeson, Rob Helmick, Karin Madson, and Michael Whitley, Planning Department; William Ressue, County Attorney’s Office; and Melissa DeYoung, Deputy Clerk.
Chair Gaiter opened the hearing with the Pledge of Allegiance.
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. REVIS EXEMPTION TRACT 1 AMENDED PLAT, FILE #S3284: This is a request for an amended plat of the Revis Exemption to adjust property boundaries with neighboring metes and bounds parcels. The applicant is concurrently in the process of completing a Boundary Line Adjustment with two existing legal lots which are located to the north and east of this property. No new parcels or lots are being created with this amendment.
The proposed amended plat will not adversely affect any neighboring properties or any county agency. The amended plat will not result in any additional lots. Staff finds that with the conditions as listed below, the request meets the intent and requirements of the Larimer County Land Use Code.
Staff recommends approval of the amended plat of Tract 1, Revis Exemption, file #15-S3323, 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 February 10, 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 staff and Brian Helminiak, Land Surveyor of the Larimer county Engineering Department.
3. The reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded.
2. GOMEZ REZONING, FILE #15-Z1975: The subject property currently consists of 2 lots, with the northern half being zoned T-Tourist and the southern portion being zoned R-1 Residential. Uses in the area are a mixture of industrial, residential, and commercial. There is an existing residence on the property along with associated outbuildings. The property is being used commercially; however, without county review or approval. Approval of the rezoning will be a step toward resolution of this issue.
The property is adjacent to Loveland City limits (across Eisenhower/Hwy 34 to the north). The applicant applied for and was granted an appeal to allow the county to process the application for land division and rezoning. Originally the request was for the entire 2.6 acres. The City of Loveland was not supportive of rezoning the northern piece, so the applicant revised the request to rezone just the southern portion, which consists of approximately 1.71-acres. The existing two lots (listed under the same parcel number) will be reconfigured with the Boundary Line Adjustment process so that they correspond to the zoning boundaries. In addition the list of proposed uses has been revised to address comments from staff. The applicant is in agreement with this change.
The property is served by Loveland Water and a septic system and contains a ditch that runs along the south boundary of the property. Additionally, the southern portion of the property is crossed by City of Loveland water lines and Platte River Power electrical transmission lines.
The issues identified by staff relate to the provision of adequate services (water, sewer, drainage, fire protection and access). These issues will need to be addressed with a Site Plan Review application.
Staff recommends the Board of County Commissioners Approve the Gomez Planned Development Rezoning, file #15-Z1975, request to rezone the property from T-Tourist and R1-Residential to PD-Planned Development, subject to the following condition(s):
1. The applicant shall submit a complete Boundary Line Adjustment application for the property affected by this rezoning no later than 180 days after Board of County Commissioners approval. The property line between the lots shall be modified to reflect the legal description in the rezoning request. The rezoning to PD-Planned Development shall not be effective until the Boundary Line Adjustment plat is recorded.
2. Within 60 days of approval, the applicant shall provide Community Development staff with an executed and notarized Annexation Agreement to the City of Loveland, Colorado.
3. The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Gomez Planned Development shall be as follows:
A. Principal uses:
1. Automobile service station (SP)
3. Carwash (SP)
4. Clinic (SP)
5. Convenience store (SP)
6. Flea market (SP/ S)—See section 4.3.3
7. General commercial (SP)
8. General retail (SP/S)—See section 4.3.3
9. Instructional facility (SP)
10. Outdoor display/sales (SP)
11. Personal service (SP)
12. Professional office (SP)
13. Restaurant (SP/MS)—See section 4.3.3
14. Church (SP/S)
15. Community Hall (SP/S)
16. Crematorium (S)
17. Funeral Home (SP)
18. Health services (SP)
19. Hospital (SP)
20. Rehabilitation facility (SP)
21. School, nonpublic (S)
22. Membership club/clubhouse (SP)
23. Place of amusement or recreation (SP/S)—See section 4.3.5
24. Shooting range (SP/S)—See section 4.3.5
25. Hotel/motel (SP)
26. Enclosed storage (SP)
27. Light industrial (SP)
28. Outdoor storage (SP/MS)
29. Small solar facility (R/PSP)
30. Trade use (SP)—See section 4.3.7 Utilities
31. Commercial mobile radio service (SP/S)—See section 16
32. Radio and television transmitters (S)
33. Parking lot/garage (SP)
34. Transportation service (SP)
B. Lot, building and structure requirements:
1. Minimum lot size:
a. 100,000 square feet (2.3 acres) if a well or septic system is used.
b. 15,000 square feet (0.34 acre) if public water and sewer are used.
2. Minimum required setbacks: (If more than one setback applies, the greater setback is required).
a. Street and road setback (Refer to section 4.9.1 setbacks from highways, county roads, and all other streets and roads.) The setback from a street or road must be 25 feet from the lot line, nearest edge of the road easement, nearest edge of right-of-way, or nearest edge of traveled way, whichever is greater.
b. Side yards—Ten feet.
c. Rear yards—20 feet.
d. Refer to section 4.9.2 for additional setback requirements (including but not limited to streams, creeks and rivers).
3. Maximum structure height—40 feet.
4. A parcel may be used for one or more principal buildings and accessory buildings.
3. RAWHIDE SOLAR POWER PLANT AMENDED 1041, FILE #15-Z-1979: The Platte River Power Authority received approval for an Activity of State Interest at the Rawhide Power Generating Station in December of 2014.
The siting and development of any solar energy power plant, including solar energy collectors, power generation facilities, facilities for storing and transforming energy and other appurtenant facilities, that together disturb an area greater than five acres, or any addition thereto that expands the disturbed area. This designation shall not include roof mounted solar systems located on existing permitted principal and accessory buildings.
That facility was proposed for installing photovoltaic solar panels on approximately 185-acres. The number and type of panels at that time were not specified but the approval was for a facility that will generate up to 30 MW of electrical power. That site is a part of the overall Rawhide Power Generating station, which currently includes a 250MW coal fired power plant and gas turbine generators. The power produced at the site will be integrated into the electrical system operations at the existing substation switchyard at the power plant site. This proposal does not change the premise of 30 MW but does, based on further engineering analysis, revise the location of the panels to be installed and defines a larger envelop of up to 268-acres, in which the panels on the 185-acres might be located.
The plant site is 4,560-acres and the eastern edge of the plant site is characterized by rolling prairie with native grasses. The new site for the solar arrays is partly within the area previously approved area but now is oriented in a north-south alignment still bounded on the north by the rail line serving the plant and extending south across Coal Creek and following road located below the dam on site. All facilities are still within the bounds of the plant site. The orientation avoids the crossing of Spottlewood Creek and areas with slope issues. The orientation also avoids the issues associated with the proposal to vacate the portion of CR 9 that crosses the plant site.
Since the approval by the Board of County Commissioners in December 2014, the applicant, has entered into a lease with a developer, Bison Solar LLC, who will operate the site. Bison Solar has retained Juwi Inc. to engineer, procure, and construct the facility. This is due in part to take advantage of tax credits, which would not be available to PRPA because it is a public entity. Subsequent to these arrangements, it was determined that there were engineering issues with the original site proposal. The need to amend the application is significant due to the change in location and the fact it was in an area that was not evaluated as a part of the original application.
A 1041 permit application may be approved only when the applicant has satisfactorily demonstrated that the proposal, including all mitigation measures proposed by the applicant, complies with all of the applicable criteria set forth in this Section 14. If the proposal does not comply with all the applicable criteria, the permit shall be denied, unless the County Commissioners determine that reasonable conditions can be imposed on the permit, which will enable the permit to comply with the criteria.
If the County Commissioners determine at the public hearing that sufficient information has not been provided to allow it to determine if the applicable criteria have been met, the Board may continue the hearing until the specified additional information has been received. The Commissioners shall adopt a written decision on a 1041 permit application within 90 days after the completion of the permit hearing. The 1041 permit will be in the form of a findings and resolution signed by the Board of County Commissioners. The effective date shall be the date on which the findings and resolution is signed.
The applicant has revised the application material to reflect the new orientation and area, providing the necessary environmental and other analysis to support the request. Much of the prior evaluation is comparable to this amended application.
This amended proposal by the applicant for the solar photovoltaic power facility has not raised significant issues in the review. The site is currently an open pasture or previously disturbed area within the boundaries of the power plant property. By its nature, the use is inert and unmanned therefore having few long-term impacts to the surrounding area or the site itself. Re-vegetation and reclamation of disturbance to the site appears to be the principal concern with the proposal. At this time, although more than 40 neighbor referrals were sent out, no comment has been received.
The Development Services Team finds that the amended request for a solar power facility meets the criteria found in Section 14 of the Larimer County Land Use Code and staff recommends that the Board of County Commissioners approve the Rawhide Solar Power Plant 1041 Permit Amendment, file #15-Z1979, subject to the following condition(s):
1. The Development Construction and Building Permits shall be consistent with the approved plan and with the information contained in the Rawhide Solar Power Plant 1041 Permit Amendment, file #15-Z1979, 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 Rawhide Solar Power Plant 1041 Permit Amendment, file #15-Z1979.
2. Obtain all necessary state and local permits prior to construction, including air and water quality construction permits.
3. On site construction, activities will follow the recommendations of the consultant with respect to any cultural resources identified during construction.
4. Site fencing shall be consistent with the suggested wildlife friendly fencing proposed by the applicants.
5. The applicant shall incorporate the concept landscape screening plan dated August 10, 2015, into the landscape plan as a part of their site plan review application.
4. GALLEGOS RECYCLING SPECIAL REVIEW, FILE #15-Z1976 : This item was on the consent agenda for the Planning Commission Public Hearing on July 15, 2015. Staff provided some brief information to the Planning Commission regarding the Special Review and the appropriate motion for approval.
The Planning Commission had no questions for staff or the applicant and voted 8 to 0 in favor of approving the Gallegos Recycling Special Review.
Staff recommends that the Board of County Commissioners approve the Gallegos Recycling Special Review, file #15-Z1976, 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 Gallegos Recycling Special Review, file #15-Z1976, 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 Gallegos Recycling 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 the county, the 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 that the 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 the county including, but not limited to, reasonable attorney’s fees.
6. The 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.
5. CHILSON SECOND AMENDED REZONING, FILE #15-Z1973: This item was on the consent agenda for the Planning Commission Public Hearing on July 15, 2015. It was moved to the discussion agenda at the request of a member of the public because of concerns about mineral interest ownership.
Staff provided some brief information to the Planning Commission regarding the Amended Rezoning and the appropriate motion for approval.
Jerry Lee, applicant, stated that he purchased the property in 2005 in which the contract stated that he would be purchasing the surface rights along with all of the mineral rights.
John Chilson, previous owner of property, stated that he was not opposing the application and explained that he was the one that initially changed the zoning to Commercial. He stated that he (Ransom Farms LLP) owned and leased the mineral rights on the property and stated that one day there may be a need for an oil well on the property. He reiterated that the property surface rights were sold but he still retained the mineral rights.
Planning staff stated that mineral interest ownership is not applicable to the proposed amended Rezoning request. Planning staff explained that mineral interest notification is not required with a Rezoning or Amended Rezoning application would not be required as a part of the Site Plan Review process which must be completed should the Amended Rezoning be approved.
The Planning Commission voted 7 to 0 to recommend approval of the Chilson Second Amended Rezoning. The Planning Commission and Development Services Team recommend to the Board of County Commissioners that the Chilson Second Amended Rezoning, file #15-Z1973, be approved.
6. MORENG SUBDIVISION, FILE #15-S3306: On July 15, 2015, the Moreng Subdivision application was presented to the Planning Commission on their consent agenda. The item remained on the consent agenda, as no member of the Planning Commission or the public had any concerns or issues with the proposal.
The Planning Commission recommended by a vote of 8-0 approval for the Mroreng Subdivision as proposed.
Staff recommends the Board of County Commissioners approve the Moreng Subdivision, file #15-S3306, subject to the following conditions:
1. The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Moreng Subdivision, file #15-S3306, 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 Moreng Subdivision, file #15-S3306.
2. The following fees shall be collected at building permit issuance for new single family dwellings: Poudre school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees (in lieu of dedication). The fee amount that is current at the time of building permit application shall apply.
3. Unless a fire hydrant is installed within 400-feet of a new residence on Lot 2, Fire sprinkler suppression systems shall be required for the residential use structures.
4. All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation. The lowest habitable floor level (basement) shall not be less than 3-feet from the seasonal high water table. Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.
5. Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.
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.
The meeting adjourned at 3:05 p.m.
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; Carol Block, Neil Gluckman, Donna Hart, and Natalie Seils, Commissioners’ Office; Rusty McDaniel, and Mark Peterson, Engineering Department; Lorrie Lopez, Finance Department; Marc Engemoen, Department of Public Works; Ella Gifford-Hawkins and Dena Jardine, Workforce Center; and Melissa DeYoung, Deputy Clerk.
Chair Gaiter opened the meeting with the Pledge of Allegiance.
1. PUBLIC COMMENT: There was no public present for comment.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 3, 2015:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of August 3, 2015.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 17, 2015: Ms. Seils and 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:
08112015A001 AMENDMENT NUMBER ONE TO AGREEMENT FOR CUSTODIAL AND RELATED SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ABM JANITORIAL SERVICES
08112015D001 DEED OF DEDICATION FROM BLUE LIVING TRUST DATED AUGUST 30, 2012
08112015R001 RESOLUTION ESTABLISHING COMPENSATION FOR DEPUTY DISTRICT ATTORNEY II
MISCELLANEOUS: Public Trustee Quarterly Report 2015; Letter of Understanding.
Motion carried 3-0.
5. COMMENTS FROM COMMISSIONER’S GUESTS: There were no guests present for comment.
6. CONSIDER MAKING PERMANENT FLOOD REPAIRS TO RIVER FORK ROAD: Mr. Peterson and Mr. McDaniel addressed the Board to request approval to make permanent repairs to River Fork Road. They explained that River Fork Road in Drake is a publicly dedicated, non-county maintained road and it was severely damaged during the September 2013 flood event. The county made emergency repairs in late 2013 and the road has been a gravel road since then. Prior to the flood, River Fork Road had an asphalt surface from Hwy 34 up to the south property line of the CDOT maintenance shop site (approximately 800-feet) and the remainder of the road was gravel. The county has obtained FEMA and State funding to repair the road to pre-flood conditions which includes paving the section described above. The County would contribute 12.5% of the overall construction costs.
The county was contacted by a property owner who remains strongly opposed to the repaving of the road. Based on property owners’ input, the county sent a letter to all effected property owners indicating the plan to repave the road and requested input on the decision. Of the 13 letters sent out, seven property owners responded in favor of repaving, four responded in opposition to the repaving, and the remaining two property owners did not respond.
Discussion ensued between staff and the Board. The Board decided to approve the repaving efforts and requested that staff continue to search for solutions to help mitigate flooding.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the reconstruction of River Fork Road to pre-flood conditions, including repaving the portion that was paved prior to the 2013 flood.
Motion carried 3-0.
7. CONTINUE RECEIVING REIMBURSEMENT REVENUE FOR FLOOD RECOVERY AND PREPARE FOR FUTURE DISASTERS: Ms. Lopez and Ms. Block addressed the Board to request approval to convert a limited-term position to a regular, full-time position funded by General Fund support when grants are no longer available and to move the position from the Natural Disaster Fund to the Accounting department in the General Fund.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve converting a limited-term Accountant II position to a regular, full-time, county-funded position.
Motion carried 3-0.
8. UPDATE ON EMPLOYMENT FOCUSED MOU ADDENDUM WITH THE COLORADO DEPARTMENT OF HUMAN SERVICES (CDHS) REGARDING PERFORMANCE METRICS FOR THE LARIMER COUNTY WORKFORCE CENTER WORKS PROGRAM: Ms. Jardin and Ms. Gifford-Hawkins addressed the Board and explained that, while the work participation rate remains the only federally-mandated performance goal for families receiving Temporary Assistance for Needy Families (TANF), a statewide cumulative goal of 35% employment has been established. Counties are strongly encouraged to identify performance goals to meet or exceed employment outcomes. This draft MOU outlines our proposed goals and strategies to increase the already high entered employment rate in Larimer County. To help accomplish this, the county is currently working with Mathematica Policy Research for technical assistance to implement an evidence based best practice program. Preliminary data indicates employment-focused programming will better serve Works participants in obtaining employment, resulting in increased household income and decreased dependency on public assistance.
Ms. Jardin and Ms. Gifford-Hawkins requested Board support the goals and strategies outlined in the draft MOU to enter into final negotiations with the CDHS regarding performance metrics to enhance our already present employment-focused services programming.
Commissioner Johnson further explained the current system and the proposed request. He also proposed that the Board draft a letter to CDHS in support of the draft MOU.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve support of the goals and strategies outlined in the draft MOU to enter into final negotiations with the CDHS regarding performance metrics to enhance the already present employment-focused services programming and to approve a letter from the Board in support of the request.
Motion carried 3-0.
9. APPOINT LAURA WALKER TO THE LARIMER COUNTY FOUNDATION: Mr. Gluckman addressed the Board and explained that former Human Services Director, Ginny Riley was a member of the Larimer County Foundation and Ms. Riley’s retirement created a vacancy on the board. Therefore, Mr. Gluckman requested that the Board appoint the new Human Services Director, Laura Walker to the foundation board.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the appointment of Laura Walker to the Larimer County Foundation.
Motion carried 3-0.
10. BOARD OF COUNTY COMMISSIONERS TO CONVENE AS BOARD OF EQUALIZATION TO APPROVE RECOMMENDATIONS OF THE COUNTY BOARD OF EQUALIZATION REFEREES:
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.
Ms. Ruybal requested approval of the recommendation of the referees of the County Board of Equalization for the week of August 3, 2015, including the two properties from the week of July 27, 2015, that received additional consideration.
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 August 3-5, 2015, and the two properties from the week of July 27, 2015, that received additional information from the Board.
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.
11. COUNTY MANAGER WORKSESSION: Ms. Volker updated the Board on her meeting with staff regarding the Killpecker Mountain communication site.
12. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities during the previous week.
13. LEGAL MATTERS: There were no legal matters to discuss.
There being no further business, the hearing adjourned at 10:15 a.m.
LEW GAITER III
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Melissa E. L. DeYoung, Deputy Clerk