> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 08/24/15  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, August 24, 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:  Michael Whitley, Planning Department;  Tony Brooks, and Chad Gray, Code Compliance Department; Brenda Gimeson, Rural Land Use Department;  Clint Jones, Engineering Department; Doug Ryan, Health and Environment Department; Jeaninne Haag, County Attorney’s Office;  and Denise Ruybal, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance and noted that there were two items that will be tabled until September 9, 2015.  Mr. Lafferty clarified that the applicant for the Bryner Rural Land Use Code, File #15-S3315, will be withdrawing the application, so only the Meadowdale Hills Second Filing, lots 103 and 111A, amended plat, File #15-S3324, will be moved to September 8, 2015. 

 

M O T I O N

 

Commissioner Donnelly moved that the Meadowdale Hills Second Filing, lots 103 and 111A, amended plat, File #15-S3324, be tabled until September 8, 2015 at 3:00 p.m.

 

Motion carried 3-0.

 

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:

 

LOT CONSOLIDATION FOR CRYSTAL LAKES 6TH FILING, LOTS 59 AND 60:   This is a request to amend the plat and consolidate lots 59 and 60 of the Crystal Lakes 6th Filing, into one lot.  The 30 foot utility easement located along the common lot line will remain as it appears as utilities exist within the easement.  If approved, the recording instrument is a Findings and Resolution.

 

Both properties are located in the Crystal Lakes, 6th Filing, south of Inca Court, east of Sutiki Drive, and north of Yuma Court. Consolidating the lots will create one lot that is 1.45 acres in size. The Crystal Lakes, 6th Filing was recorded on February 9, 1972. 

 

The proposed lot consolidation of lots 59 and 60 of the Crystal Lakes 6th Filing will not adversely affect any neighboring properties or any county agency.  The consolidation will not result in any additional lots. 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 lot consolidation of lots 59 and 60, Crystal Lakes 6th Filing, File # 15-S3326, subject to the following conditions:

 

1.   All conditions of approval shall be met and the final resolution recorded by January 24, 2016.

 

2.   The reconfiguration of the lots lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded. 

 

3.   The resultant lot is subject to any and all covenants, deed restrictions, or other conditions that apply to the original lots.

 

LINDA WILD MLD AMENDED PLAT:  This is a request to amend the boundary lines of lots 3 and 4 of the Linda Wild Minor Land Division.  This request is being proposed to settle the Linda Wild Estate.  Lot 3 has an existing home site and lot 4 is vacant.  A condition of the original Linda Wild MLD approval states that lots 2 and 4 shall remain undeveloped and no building permits will be accepted until such time as a development review application is approved and/or recorded for a new principle use.  This restriction will remain on the amended lot 4.

 

All the affected utility companies have agreed to the request stating no conflict.  The Larimer County Land Surveyor and Planning 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 Development Services Team recommends approval of the amended  plat of lots 3 and 4 of the Linda Wild Minor Land Division, File # 15-S3311, 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 24, 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 Planning 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. 

 

LOT CONSOLIDATION OF LOTS 5 AND 6 OF THE ELLISON SUBDIVISION:  This is a request to amend the plat by consolidating lots 5 and 6 of the Ellison Subdivision.  Both properties are located in the Ellison Subdivision, on the north side of Highway 34. The Ellison Subdivision was recorded in 1920. These properties are located adjacent to each other. Consolidating these lots will create one lot that is approximately 0.34 acres in size.  The proposed lot consolidation of lots 5 and 6 of the Ellison Subdivision will not adversely affect any neighboring properties or any county agency.  The consolidation will not result in any additional lots. 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 lot consolidation of lots 5 and 6, File # 15-S3327, subject to the following condition(s):

 

1.   All conditions of approval shall be met and the final resolution recorded by January 24, 2016, or this approval shall be null and void.

 

2.   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. 

 

3.   The resultant lot is subject to any and all covenants, deed restrictions, or other conditions that apply to the original lots.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as proposed above.

 

Motion carried 3-0.

 

SHOW CAUSE HEARING FOR THE LODGEPOLE INVESTMENTS SPECIAL REVIEW:  This is a consideration of violations of conditions of approval for the Lodgepole Investments Special Review.

 

At a public hearing on March 9, 2015, the Board of County Commissioners voted to approve the Lodgepole Investments Special Review.  That Special Review allowed for general retail, outdoor display and sales, professional office, trade uses and enclosed storage on properties located at 7795 & 7801 SW Frontage Road, Fort Collins.

 

Conditions of the Special Review include, but are not limited to:

 

·   The applicant shall pay the Transportation Capital Expansion Fees (TCEF) to the Larimer County Engineering Department within 90 days of the signing of the Findings and Resolution approving the Special Review.

 

·   The applicant shall demonstrate compliance with the fire protection level of service standards found in Section 8.1.4 of the Land Use Code and the requirements of the Windsor-Severance Fire Rescue district within 90 days of the signing of the Findings and Resolution approving the Special Review.

 

·   The applicant shall pay all applicable building permit fees, obtain all outstanding building permits/change of occupancy permits and obtain all required inspection approvals within 90 days of the signing of the Findings and Resolution approving the Special Review.

 

·   The property owner shall petition the City of Fort Collins for annexation of the two parcels within 90 days of the signing of the Findings and Resolution approving the Special Review.

 

·   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.

 

·   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, 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 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.

 

To date, none of these conditions have been met.

 

The Board of County Commissioners’ hearing was originally scheduled for January 26, 2015, but it was rescheduled to March 9th at the request of the applicant to give them more time to comply with the conditions of approval. 

 

At the March 9th hearing, the applicant requested that the 90-day deadline for compliance attached to several of the conditions be extended to 120 days.   The Board of County Commissioners had an extensive discussion about the proposed extension and declined to change the conditions.  Instead, they directed the County Attorney to not present the Findings and Resolution for signature for at least three weeks.

 

The Lodgepole Investments Special Review Findings & Resolution was signed on April 14, 2015.  The 90 day deadline associated with the conditions of approval was July 13, 2015.

 

On July 13th a representative for Lodgepole Investments submitted a request to extend the deadline for compliance to August 31, 2015. 

Because staff does not have the authority to extend the deadlines found in the conditions of approval, this show cause hearing was scheduled.

 

There are currently no commercial operations on either of the properties owned by Lodgepole Investments, LLC.  If the special review approval was revoked, there would not be a zoning violation on the property, but no new commercial uses would be allowed to be established on the property without completion of the applicable zoning approval. 

 

Because the properties are in the Fort Collins Growth Management Area and are eligible for annexation, Larimer County would not accept additional special review applications.  Instead, the property owner would be directed to discuss annexation of the properties with the City of Fort Collins.

 

Mr. Whitley did provide an update stating that the applicant had paid the Transportation Capital Expansion Fees (TCEF) in the amount of approximately $54,000.00 in mid-July.  It was also noted that Mr. Brooks recently visited the property and noticed motorcycles in the garage.  Mr. Brooks was told these motorcycles were for personal use and not being stored commercially for anyone.

 

Chair Gaiter asked the applicant to address the Board.  Walt Gantt, representing the owners, addressed the Board.  He updated the Board on the recent improvements that have taken place:  a new fire line was been pulled, installed and is ready to be tested; fire sprinklers have been installed; but are awaiting inspection; fire alarms will be installed once approval of the design is received; the water tap has been paid for; and the annexation application is complete but has not yet been submitted to the City of Fort Collins.

 

Chair Gaiter opened up the meeting for public comment.  No one was present to address the Board.

 

Much discussion ensued between the Commissioners and staff regarding what is a reasonable amount of time for the applicant to complete the necessary work, apply for permits, and have final inspections completed.

 

Mr. Gantt addressed the Board again stating that a demolition permit would be applied for pertaining to building three. The apartment would be removed, the building’s use will be as a barn for agricultural use only.  Mr. Gantt felt that a deadline of September 30, 2015, would allow sufficient time for all items to be completed.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners grant the applicant’s request and require compliance with all conditions of approval by September 30, 2015.

 

Motion carried 3-0.

 

Commissioner Johnson asked that Mr. Whitley notify the City of Fort Collins that the date for the applicant to be in compliance with the County has been extended.

 

CODE COMPLIANCE PUBLIC HEARING FOR DONALD J. FINCH AND SUSAN R. FINCH:  Mr. Gray stated that the property owners are in alleged violation of the Larimer County Rubbish Ordinance by storing junk and debris along with unlicensed/inoperable vehicles on their property. Also, they are in violation of Section 4.1.5 Open Zoning District by having a junk yard on their property which is not an allowed industrial use in the Open zoning district.  This property is located in a neighborhood on the northwest corner of County Road 60 and North County Road 15.

 

On June 16, 2014, Code Compliance received two complaints about the property being used as a junk yard for decades. On June 17, 2014, Code Compliance Inspector Chad Gray posted a courtesy notice on the property asking the owners to call to discuss the violations on their property. On June 25, 2014,  Don Finch called and was given a deadline of August 1, 2014, to either have the property in compliance or to have made a substantial amount of progress. After a slow start and many phone calls, the front yard was finally in substantial compliance by January 22, 2015. A neighbor had left a message informing the County that everything had just been moved around back. On January 27, 2015, Mr. Finch made an agreement that the back yard would be cleaned up by April 1, 2015. Inspector Gray inspected the property on April 8, 2015, and found that nothing had been cleaned up. Mr. Finch was called and he was given two weeks to call back with a game plan on how he was going to clean up the property. Mr. Finch never called back and a rubbish notice was posted on the property on May 28, 2015, giving the owners 30 days to have the property brought in to compliance. On June 29, 2015, Mr. Finch came in to the office and requested a Code Compliance public meeting after discussing the issue with Commissioner Johnson. A public meeting was set for this date.

 

Mr. Gray noted that inoperable and/or unlicensed vehicles, piles of lumber, tires, paint cans, building materials, and old appliances were seen in the back yard.

Adjacent property owners have raised concerns about impacts on their quality of life from the visual impacts caused by this property.

 

Staff recommends that a deadline be set for the property to be brought in to compliance and authorize legal action if the deadline set by the Commissioners is not met. 

 

Chair Gaiter asked Mr. Finch to address the Board.  Mr. Finch stated that he has lived at the property for over 40 years.  He has hauled off 15 loads of trash from the property already but his truck failed emissions and he was unable to drive his truck.  His truck has since passed emissions and is now licensed.  The vehicles that are in the back yard are collector vehicles (1975 or older), and are all complete with no missing parts.

 

Chair Gaiter opened up the meeting to public comment.  No one was present to address the Board.

 

Some discussion ensued between the Board of Commissioners and staff.  It has been more than a year since the first complaints were filed in June 2014. Commissioner Johnson was concerned with the deadline and should the property not come into compliance, the amount of time it would take for legal action to commence.  Ms. Haag commented that once the process is started, the applicant would need to be served and answer to the complaint filed, which would take approximately 25 days.

 

M O T I O N

 

Commissioner Johnson moved the Board of County Commissioners set a deadline of October 31, 2015, to bring the property into compliance, require compliance as shown below, and authorize legal action if the property is not in compliance by the deadline.

 

·   Remove all junk/debris, construction, material, tires, garbage cardboard, chemicals/paint cans/buckets, scrap metal, furniture, appliances, and any other miscellaneous items that are not accessory to the residential swelling.

 

·   Remove all 1976 or newer vehicles/trailers that are unlicensed/inoperable from the property or store inside.  All 1975 and older vehicles must be screened from the public roads.

 

Motion carried 3-0.

 

The hearing adjourned at 4:10 p.m.

 

 

TUESDAY,   AUGUST 25, 2015

 

 

ADMINISTRATIVE MATTERS MEETING

 

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: Donna Hart, Michelle Bird, Cheryl Miget, and Deni LaRue, Commissioners’ Office;  Daniel Pace, Facilities and Information Technology Department;  Heather Young, Natural Resources Department;  Suzette Mallette, Engineering Department; Lisa Thieme, Assessor’s Office; and Denise Ruybal, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.    PUBLIC COMMENT:  Chair Gaiter opened the meeting up to public comment giving citizens the opportunity to address the Commissioners regarding events and issues pertaining to Larimer County.  Eric Sutherland addressed the Board.

 

2.    APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 17, 2015

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of August 17, 2015, as presented.

 

Motion carried 3-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 31, 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:

 

08252015A001           HEALTH SERVICES AGREEMENT BY AND BETWEEN LARIMER COUNTY AND MARATHON HEALTH, INC.

 

08252015A002           AGREEMENT BY AND BETWEEN LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS AND DONALD W. AND BELINDA S. REEVES FOR USE AND BENEFIT OF THE LARIMER COUNTY ENGINEERING DEPARTMENT ON COUNTY ROADS 3 AND 58

 

08252015A003           DEVELOPMENT AGREEMENT BY AND BETWEEN THE BOARD OF LARIMER COUNTY COMMISSIONERS AND DONALD W. AND BELINDA S. REEVES FOR REEVES ACRES SUBDIVISION

 

08252015A004           AMENDMENT #1 TO CONTRACT TO PROVIDE INTENSIVE SUPERVISION PROGRAM SERVICES

 

08252015R001           RESOLUTION ESTABLISHING COMPENSATION FOR DEPUTY DISTRICT ATTORNEY II

 

08252015R002           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR REEVES SUBDIVISION

 

MISCELLANEOUS  –  Reeves Acres Subdivision plat;  Ordinance establishing the Larimer County General Assistance Program.

 

LIQUOR LICENSES: The following licenses were approved and/or issued:  Colorado Youth Outdoors Charitable Trust – Special Event Permit 6% – Fort Collins;  Hometown Liquors – Tastings Permit – Berthoud;  Thompson Valley Art League – Special Event Permit 6%;  Ellis Ranch Event Center and Wedding Park – Tavern – Loveland;  Green Events – Special Event Permit 6% - Bellvue;  Riversong – Bed and Breakfast – Estes Park;  Flower Power Cultivation Marijuana – Modification of Premises – Fort Collins; Flower Power Medical Marijuana – Modification of Premises – Fort Collins;  Flower Power Retail Marijuana – Modification of Premises – Fort Collins; Flower Power Medical Marijuana – Modification of Premises – Fort Collins.

 

Motion carried 3-0.

 

5.    COMMENTS FROM COMMISSIONERS’ GUESTS: Ms. Thieme presented the Abstract of Assessments for the Commissioners signature.  This abstract is sent to the Division of Property Taxation that enumerates all of the assessed values of properties in Larimer County by classification.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners authorize the Chair to sign the Abstract of Assessments.

 

Motion carried 3-0.

 

6.    RECOGNITION OF LARIMER COUNTY STAFF FOR NATIONAL ASSOCIATION OF COUNTY INFORMATION OFFICERS (NACIO) AWARDS: Ms. LaRue provided a brief description of the 4 page Budget Brief that Ms. Miget, Bob Keister, and Ms. LaRue compiled that assists the public in understanding the budget, it’s goals, and benefits.

 

Ms. Bird reviewed the short video she compiled with Neil Gluckman, Mr. Pace and Chair Gaiter, entitled ‘Larimer is a Wonderful County’; which shows what life would be like without county services.

 

 Ms. Young reviewed the Junior Ranger Guide she compiled which highlights our area and gives individuals the opportunity to learn about county parks without having to attend a class to be involved.

 

Ms. LaRue described her participation in the radio show ‘Community at Work.’  The show rotates between public agencies, giving the agencies the opportunity to highlight programs they offer. 

 

All the recipients of the NACIO awards were presented with framed certificates.

 

7.    U. S. 34 COALIATION: Ms. Mallette noted that Weld County is asking affected jurisdictions to participate in a U. S. 34 coalition.   The coalition will require one elected official and one staff person to attend and focus on raising awareness of the needs on the corridor.  The coalition would like to develop a long range plan for this corridor most likely through a Planning and Environmental Linkages (PEL) study that will set priorities for funding.  Any request for funding has not been specified.  However, it is likely that the TEL plan will require matching funds and participants will be asked to contribute both money and time.

 

Commissioner Donnelly read the Resolution.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners support the development of the U. S. 34 Coalition by sending an elected official and staff to participate in the meetings.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County appoint Commissioner Donnley be the elected official, and Suzette Mallette be the staff designee, for the U.S. 34 Coalition.

 

Motion carried 3-0.

 

8.    WORKSESSION:     Ms. Volker did not have any items for discussion.

 

9.    COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities during the previous week. 

 

10.   LEGAL MATTERS: There were no legal matters for discussion.

 

The meeting adjourned 9:50 a.m.

 

 

 

                                                                                              _______________________________

                                                                                             LEW GAITER III

                                                                                             BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Denise M. Ruybal, Deputy Clerk