MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE MEETING
The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner. Chair Donnelly presided, Commissioner Johnson and Commissioner Kefalas were present. Also present were: Leslie Ellis, Community Development Director; Rebecca Westerfield and Michael Whitley, Community Development; Clint Jones, Engineering; Lea Schneider, Health Department; Jeannine Haag, County Attorney, and Elizabeth Carter, Deputy Clerk.
Chair Donnelly opened the hearing with the Pledge of Allegiance.
Chair Donnelly 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. GIBSON EQUINE CENTER MINOR SPECIAL REVIEW, FILE # 18 ZONE2447: The subject property is located in Loveland, Colorado and is 2.31-acres in size. The property is zoned FA – Farming and contains a single-family home and a 2,000 square foot barn with a 500 square foot covered barn addition. The property is Lot 4 of the Saulcy Minor Residential Development (MRD) which was approved in 1994.
Lots created through the Minor Residential Development process are limited to single-family residential use only. The Board of County Commissioners approved the Saulcy Lot 4 Minor Residential Development Amended Plat, File 18-LAND3787 on July 16, 2018. That Amended Plat removed the single-family residential use only restriction from the property.
The property owner seeks Minor Special Review approval to establish an equine sports medicine veterinary clinic within an existing 2,000 square foot barn on the property. The existing 500 square foot covered addition is proposed to be enclosed and utilized as a part of the clinic for a total of 2,500 square feet of indoor area. The barn would serve as an office and as a clinic. The clinic would provide a mobile service to treat client’s horses at the client’s property and would also accommodate horses on-site. Most horses that are treated on-site will be taken home that same day. Occasionally a horse may be kept overnight for observation. The clinic would occupy no more than 2,500 square feet of indoor area and would have a 1,000 square foot outdoor animal use area used for observing equine gaits, diagnosing ailments and training.
The proposed use falls within the Land Use Code’s definition of a Livestock Animal Veterinary Clinic/Hospital. The Land Use Code defines a Livestock Animal Veterinary Clinic/Hospital as, “A facility for the diagnosis, treatment and/or hospitalization of livestock.” The Land Use Code defines livestock as, “Cattle, horses, mules, burros, sheep, swine, llamas and goats, regardless of use, and any animals, except dogs and cats, that are used for working purposes on a farm or ranch and any other animal designated by the state agricultural commissioner, which animal is raised for food or fiber production.” In the FA – Farming zoning district, Livestock Animal Veterinary Clinics with no more than 2,500 square feet of indoor floor area and no more than 1,000 square feet of outdoor animal use area require Minor Special Review approval. To approve a Minor Special Review application the BOCC must consider the following review criteria and find that each criterion has been met or determined to be inapplicable:
A. The proposed use will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood. Input from surrounding property owners is a significant factor when evaluating compatibility.
Notice of the application and the public hearing was sent to property owners within 500 feet of the subject property. No responses were received. The proposed use appears to be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood.
B. Outside a GMA district, the proposed use is consistent with the County Master Plan. Within a GMA district, the proposed use is consistent with the applicable supplementary regulations to the GMA district, or if none, with the County Master Plan. The subject property is in the Loveland Growth Management Area. The City of Loveland’s Future Land Use Map in their Comprehensive Plan identifies this property and surrounding properties as appropriate for Low Density Residential uses. The City of Loveland’s Low-Density Residential zoning district allows a variety of housing types and limited commercial uses within Neighborhood Activity Centers. The City of Loveland Community and Strategic Planning staff’s comments note that the property is in the Loveland Growth Management Area, is contiguous to city limits and is therefore not eligible for annexation. They provided no objections to the proposed use. The proposal complies with this criterion.
C. The applicant has demonstrated that this project can and will comply with all applicable requirements of this Code.
Applicable Section 8 Standards for All Development:
Section 8.1 Adequate Public Facilities
Sub-Section 8.1.1 Sewage Disposal Level of Service Standards:
Sewer service for the existing residence is provided by on-site septic system. A separate septic system will be installed to support the clinic and office. Prior to obtaining a building permit for the clinic, the property owners will need to apply for a septic permit through the Department of Health and Environment.
Sub-Section 8.1.2 Domestic Water Level of Service Standards:
Water for the existing home and barn is supplied by the Little Thompson Water District. The applicant has provided a letter of commitment from the District dated August 17, 2018. The letter indicates that the water consumption for the clinic operation will not require a commercial water tap therefore the existing residential tap should be adequate.
Sub-Section 8.1.4 Fire Protection & Emergency Medical Level of Service Standards:
According to Section 8.1.4.G of the Land Use Code, non-residential buildings inside a Growth Management Area must be within 1,000 feet of a fire hydrant connected to a public water system designed and constructed to supply fire flows of 1,500 gallons per minute at 20 pounds per square inch minimum residual pressure. To comply with this standard, the property owners will install a new fire hydrant on the west side of the intersection of Saulcy Court and County Road 9.
Section 8.6 Private Local Access Road and Parking Standards:
The Land Use Code does not specify a minimum number of parking spaces required for a Livestock Animal Veterinary Clinic. The project description indicates that the clinic will on average have one customer visit per day.
Since Saulcy Court is not a paved road, except for one paved handicapped accessible parking space, an all-weather surface is acceptable for on-site parking spaces and drive aisles.
A new all-weather surface driveway and two parking spaces will be constructed west and south of the barn to accommodate clinic visitors. The existing concrete garage apron will serve as handicapped parking.
D. The proposed use will not result in a substantial adverse impact on other property in the vicinity of the subject property. Based on the Development Services Team’s evaluation of the application and the lack of concern among neighboring property owners, the proposed use should not result in a substantial adverse impact on other property in the vicinity.
E. The recommendations of referral agencies have been considered. The application was referred to a variety of agencies. Responses were received from the Larimer County Engineering Department, Larimer County Department of Health and Environment, Larimer County Building Department, City of Loveland Development Services and the Loveland Rural Fire Protection District. If the Minor Special Review is approved, the property owners will provide a more detailed site plan, construction drawings, a septic system design, building plans and fire hydrant plans in response to the comments and prior to commencement of the use.
F. The Applicant has demonstrated that this project can meet applicable additional criteria listed in Section 4.3 Use Descriptions. The only criteria for Livestock Animal Veterinary Clinics found in Section 4.3 of the Land Use Code specifies the required review process for the clinic or hospital based on the size of indoor area and the size of outdoor animal use.
The Development Services Team recommends approval of the Gibson Equine Center Minor
Special Review, 18-ZONE2447 subject to the following conditions:
1. The Site shall be developed consistent with the approved plan and with the information contained in the Gibson Equine Center Minor Special Review, 18-ZONE2447 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 Gibson Equine Center Minor Special Review Minor Special Review.
2. This application is approved without the requirement for a Development Agreement. In the event the applicant fails to comply with any conditions of approval, or fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to the County, the County may withhold building permits, issue a written notice to the applicant to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review. All remedies are cumulative and the County’s election to use one shall not preclude use of another. In the event the County must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, the applicant agrees to pay all expenses incurred by the County including, but not limited to, reasonable attorney’s fees. The County may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.
3. 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 Minor Special Review approval.
4. The owners are responsible for providing a detailed site plan, construction drawings, a septic system design, building plans and fire hydrant plans in response to the review comments and are responsible for obtaining all required permits for the site development, fire hydrant placement, septic system installation enclosure of the covered barn addition and change of occupancy for the existing barn. All applicable fees, including permit fees and Transportation Capital Expansion Fees, shall apply to this use.
5. This Minor Special Review approval will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.
2. GLACIER VIEW MEADOWS 8TH, LOTS 16, 17 & 19A LOT CONSOLIDATION: The owners of Lots 16, 17, and 19A of the Glacier View Meadows 8th Filing are proposing to consolidate all three lots. There is an existing home on lot 19A, and lots 16 and 17 are currently vacant. Lot 19A was approved for a lot consolidation of lots 18 and 19 in 2014 under file number 14-S3255.
The Larimer County Land Use Code (Section 5.7.3) allows for the approval of a lot
consolidation if the following review criteria are met:
A. No additional lots will be created by the lot consolidation. Three lots are proposed to become one lot.
B. The resultant lots will meet the required minimum lot size of the applicable zoning district and the lot dimension ratio required by subsection 8.14.1.H. If any of the lots are nonconforming with respect to the minimum lot size or the lot dimension ratio, the lot consolidation must not increase the nonconformity. The minimum lot size in the E-Estate zoning district is 2.5-acres per Section 4.1.6.B.1.a of the Larimer County Land Use Code. If all three lots are combined into one lot, the lot acreage will become 3.13-acres total. Therefore, the resultant lot meets the 2.5-acre required minimum lot size in the E-Estate zoning district. The lot dimension ratio required by subsection 8.14.1.H is also met.
C. The lot consolidation will not create a nonconforming setback for any existing building. The proposed lot consolidation does not create a nonconforming setback for the existing home on the current lot 19A. Lots 16 & 17 are currently vacant. Any structures will need to meet the setback requirements for the E-Estate zoning district.
D. The resultant lots will meet the requirements of subsection 8.14.1.I. Lots cannot be divided by a municipal or county boundary line, road, alley, or another lot. The resultant lot meets the requirements of subsection 8.14.1.I, and the resultant lot will not be divided by a municipal or county boundary line, road, alley, or another lot. The existing access drive serving the existing lot 19A will serve the larger lot.
E. The lot consolidation will not adversely affect access, drainage or utility easements or rights-of-way serving the property or other properties in the area. This
consolidation does not adversely affect access, drainage or utility easements or rights-of-way serving the property or other properties in the area. There are existing 10-foot utility easements between lot 19A and lot 17, and between lots 16 and 17. All utility easements are proposed to remain.
F. Any covenants, deed restrictions or other conditions of approval that apply to the
original lots must also apply to the resultant lots and be noted on the final plat, except those changes to a condition or note on a plat that are approved with this application. The BOCC shall consider the original reason or circumstance for a condition or note on a plat when approving a change. Any covenants, deed restrictions or other conditions of approval that apply to the original lots on the Glacier View Meadows 8th Filing plat must also apply to the resultant los and be noted on the final plat, except those changes to condition or note on a plat that are approved with this application. The BOCC shall consider the original reason or circumstance for a condition or note on a plat when approving a change.
The following referral agencies provided comments: Engineering Department, Department of Health and the Assessor’s Office.
The Development Services Team recommends approval of the Glacier View Meadows 8th Filing, Lots 16, 17 and 19A Lot Consolidation, file # 18-LAND3853, subject to the following conditions:
1. All conditions of approval shall be met and the final resolution recorded by September 4, 2019 or this approval shall be null and void.
2. The resultant lot, Lot 19B, 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 outlined above.
Motion carried 3-0.
With there being no further business, the Board adjourned at 3:05 p.m.
TUESDAY, MARCH 5, 2019
ADMINISTRATIVE MATTERS MEETING
The Board of County Commissioners met at 9:00 a.m. with Linda Hoffman, County Manager. Chair Donnelly presided, and Commissioner Johnson and Commissioner Kefalas were present. Also present were: Brenda Gimeson and Alisha Jeffers, Commissioners’ Office; and Elizabeth Carter, Deputy Clerk.
Chair Donnelly opened the meeting with the Pledge of Allegiance.
1. PUBLIC COMMENT: Chair Donnelly opened the meeting to public comment giving citizens the opportunity to address the Commissioners regarding events and issues pertaining to Larimer County. No one was present for public comment.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 25, 2019:
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of February 25, 2019.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 11, 2019: Ms. Gimeson reviewed the schedule for the upcoming week with the Board.
4. CONSENT AGENDA:
003052019 A001 DRAINAGE AGREEMENT BETWEEN LARIMER COUNTY AND THE ROCKY MOUNTAIN CONFERENCE OF SEVENTH DAY ADVENTISTS
03052019A002 AGREEMENT CONCERNING IRRIGATION PIPES IN PLATTED RIGHT-OF-WAY OF LARIMER COUNTY ROAD 2
03052019A003 DEVELOPMENT AGREEMENT REGARDING FERGUSON THREE AND FERGUSON FOUR TOWNHOME SUBDIVISION
03052019R001 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR BLEHM EXEMPTION AMENDED PLAT & SEAWORTH BOUNDARY LINE ADJUSTMENT
03052019R002 FINDINGS AND RESOLUTION APPROVING THE MARSH ESTATES LOTS 1-8 AND OUTLOT A RIGHT-OF-WAY VACATION
MISCELLANEOUS : Recommended Appointment to the Red Feather Lakes GID#13A, Patrick Grissom; Forsyth/NPS MLD 18-LAND3722 final plat.
M O T I O N
Commissioner Kefalas moved that the Board of County Commissioners approve the Consent
Agenda as published.
Motion carried 3-0.
5. COMMENTS FROM COMMISSIONERS’ GUESTS: The Commissioners did not have any guests.
6. INCREASE CORONER DEPARTMENT FTEs : James MacNaughton, Chief Deputy Coroner. Mr. MacNaughton reported to the Board that under the current 2019 Coroner Business Plan, the Coroner Department’s FTE allocation is inadequate for the demand and worked hours. He noted that two temporary investigators have been needed to work full time hours since July 2018 without benefits. Without a foreseen decrease in workload, the situation will continue.
Mr. MacNaughton relayed that the Coroner’s Office currently has 8 FTE's allocated with 1 FTE vacant. In order to bring both temporary employees on as regular employees, the office will need to increase its FTE's by 1. Mr. MacNaughton noted that the backlog of work prevents the Coroner’s office from providing the County with the best possible service as well as having a negative impact on employee morale. The two temporary employees are continually and frequently meeting full time hours and are not receiving the appropriate benefits for their time.
The Coroner’s Office proposes reallocating 2019 budgeted funds for new and increased positions (morgue deiner and morgue supervisor) that under current conditions are not as vital. This proposal, along with salary savings from vacancies of long-term employees in 2018, should cover most or all of the needed funds for the reorganization. This will also allow for a more manageable on-call rotation schedule. Lastly, Mr.MacNaughton noted that retaining the temporary openings is vital to accommodating leaves of absence, vacations and upcoming staff turnover.
There was a brief discussion between the Board and staff regarding some of the factors for the increased workload. The main contributors have been an increase in population and the expansion in the depth of work the office undertakes.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve increasing the Coroner Department’s FTEs by 1.
Motion carried 3-0.
7. COUNTY MANAGER WORKSESSION: Ms. Hoffman updated the Board on upcoming projects and activities.
8. COMMISSIONER ACTIVITY REPORTS: The Board detailed their attendance at events during the previous week.
9. EXECUTIVE SESSION: The Board went into Executive Session regarding consideration of proposed Tax Increment Revenue Agreement (College & Drake Urban Renewal Authority).
M O T I O N
Commissioner Kefalas moved that the Board of County Commissioners enter Executive Session to discuss a proposed Tax Increment Revenue Agreement (College & Drake Urban Renewal Authority) pursuant to C.R.S. 24-6-402(4)(e) for determining positions for matters that maybe subject to negotiation, developing strategies for negotiations and to give instruction to negotiators.
Motion carried 3-0.
With there being no further business, the Board adjourned at 9:40 a.m.
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Elizabeth Carter, Deputy Clerk