MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, April 15, 2019

 

LAND USE MEETING

 

The Board of County Commissioners met at 3:00 p.m. with Carol Kuhn, Principal Planner. Chair Donnelly presided. Commissioner Johnson and Commissioner Kefalas were present. Also present were: Leslie Ellis, Community Development Director; Chad Gray and Karin Madison, Code Compliance; David Ayraud and Frank Haug, County Attorney’s Office; 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 item is on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience.

 

Leslie Ellis, Community Development Director briefly updated the Board on the item on the Consent Agenda.  Ms. Ellis noted that the Town of Estes Park Board of Trustees met on April 9, 2019 and voted to continue the Code Amendments until their May 28, 2019 hearing. She stated that the BOCC historically waits for the local Board to act first.  Ms. Ellis reported that staff is requesting a continuation on the item until June 3, 2019.

 

There was a brief discussion between the Board and staff as to the reason for the delay and how much of was related to community input.  There was also a discussion about efforts by the Estes County staff to inventory lands that might impacted by updates to the Code.

 

1.          ESTES VALLEY CODE AMENDMENTS: The existing “Park and Recreation Facilities” use is currently allowed as a use-by-right in all residential, and all but two of the non-residential zoning districts in the Estes Valley Development Code (EVDC).  This became a significant issue recently with a Development Plan application and approval for a “Recreation Facility” use that was allowed as a use-by-right in a RE-1, Rural Estate zoned area of the Estes Valley.

 

With the concerns that were raised with that proposal, the Town of Estes Park Board of Trustees and the Larimer Board of County Commissioners imposed a moratorium on the acceptance and processing of any development applications for Park and Recreation Facilities in residential zoning districts within the Estes Valley Development Code Planning Area. This moratorium is currently through April 7, 2019.  During that time, the Boards directed staff to amend the EVDC, to where the “ Park and Recreation Facilities” use would be better clarified and defined, and where potential further issues could be avoided.

 

There have been a few attempts at a Code Amendment over the past couple of months, none of which have been found viable by the Planning Commission, Town Staff, and/or County Staff.  This current Code conceptual approach has been drafted by Robert Leavitt, Chairman of the Estes Valley Planning Commission. The proposed text amendment is summarized below:

Revise and expand the definition of “Park and Recreation Facility” in Chapter 13, Definitions, Section 13.2, Use Classification/Specific Use Definitions and Examples, by separating the definition into “Public” and Private.”

 

Revise Chapter 4, Zoning Districts, Table 4 – 1, Permitted Uses:  Residential Zoning Districts by adding the revised use, “Park and Recreation Facilities – Public” as a use-by-right in all Residential Zoning Districts, with a required Location and Extent Review.  “Park and Recreation Facilities – Private” would be prohibited in all Residential Zoning Districts.

 

Revise Chapter 4, Zoning Districts, Table 4 – 4, Permitted Uses:  Nonresidential Zoning Districts by adding the revised uses, “Park and Recreation Facilities – Public” and “Park and Recreation Facilities – Private” as uses-by-right in the A, A-1, CD, CO, and O Nonresidential Zoning Districts.

 

Revise Chapter 5, Use Regulations, Section 5.1, Specific Standards, by adding standards applicable to Public Park and Recreation Facilities and to Private Park and Recreation Facilities.

 

Staff recommends approval of the amendment. 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent

agenda as outlined above.

 

Motion failed 1-2.  Chair Donnelly and Commissioner Kefalas dissenting.

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners continue the Estes Valley Code Amendments until June 10, 2019 at 3:00 p.m.

 

Motion passed 3-0

 

 

2.        BECKETT ZONING VIOLATION, FILE #18-CCC0387: Chad Gray, Code Compliance.  Mr. Gray relayed to the Board that the property owner is in violation of Section 4.1.3 of the Larimer County Land Use Code by using residential property for a junk yard, outdoor storage, and an excavation business which are not allowed principal uses along with operating a sawmill business on the property in the FO-Forestry Zoning District without Special Review or Special Exception approvals. He also noted that the owner is in violation of Section 4.3.10.F for storing junk vehicles on the property, 4.3.10.E for using semi-trailers for storage buildings, 4.3.10.P for not being in compliance with the Accessory Rural Occupation regulations in regard to having the equipment inside or buffered from neighboring residences.

 

Mr. Gray reported that on November 4, 2018, Code Compliance received a complaint about an extensive junk yard and the running several businesses from the property. Additional complaints were received on November 16, 2018 and December 17, 2018 addressing the same issues. Specifically, the complaints focused on the environmental impacts from all the batteries and chemical cans sitting around the property. Mr. Gray stated that he inspected the property on November 7, 2018 and verified the violations on the property. Mr. Gray went over the regulations and options with Racheal Beckett. Mrs. Beckett said she would have her husband John Beckett contact Inspector Gray within a few weeks.

 

Letters were mailed to the owner on December 18, 2018 and January 3, 2019 requesting a response. Mr. Beckett contacted Inspector Gray on January 4, 2019 to go over the regulations and options. He was preparing to construct a building and within a week apply for a 5000 square foot building permit to try and gain compliance with the Accessory Rural Occupation regulations. Also, 30 days was given to start cleaning up the property.

 

Mr. Gray relayed that an additional inspection was conducted on February 12, 2019.  At the time of inspection there was no visible clean up and a building permit application had not been submitted. On February 15, 2019, the Community Development Director gave approval to set a County Commissioner public meeting. To date, the 5,000 square foot building permit application has not been received.

 

Mr. Gray then took the Board through the list of staff findings:

           

            1.         The property is zoned FO-Forestry.

 

2.         In the FO-Forestry Zoning District, Outdoor Storage and Junkyards are not listed as allowed principal uses. A Sawmill requires Special Review approval or to operate under the requirements of the Accessory Rural Occupation regulations. An excavation business is not listed as a principal use and would either require approval through a Special Exception or would need to operate under the requirements of the Accessory Rural Occupation regulations.

 

            3.         Outdoor storage of vehicle is defined as: only those vehicles that do not qualify as junk vehicles and are owned by the occupant or owner of a single-family dwelling and agricultural equipment may be stored outside on the same lot with the dwelling.

 

            4.         Junk vehicle is defined as: a vehicle that is inoperable (unable to move under its own power), or is partially or totally dismantled or has all or portions of its body work missing or substantially damaged or is not registered with the State of Colorado as required by C.R.S. § 42-3-103 or by C.R.S. §§ 42-12-401 and 42-12-402, and/or the number plate assigned to it is not permanently attached to the vehicle as required by C.R.S. § 42-3-202 or is lacking proper equipment to the extent that would be unsafe or illegal to use on public road rights-of-way or otherwise not equipped with lamps and other equipment as required by C.R.S. §§ 42-4-202-42-4-227. This definition does not include implements of husbandry, farm tractors, farm or ranch equipment, or vehicles customarily operated in a farm or ranch operation.

 

            5.         Outdoor storage is defined as: a principal use where goods such as recreational vehicles, boats and other large items, are stored outside of a building.

 

            6.         Junkyard is defined as: a facility for the display, storage, collection, processing, purchase, sale, salvage or disposal of used or scrap materials, equipment, junk vehicles, appliances, or other personal property whether of value or valueless. "Junkyard" does not include the storage of implements of husbandry, farm tractors, farm and ranch equipment, or vehicles customarily operated in a farm or ranch operation.

 

            7.         Semi-trailers are not permitted to be used as storage buildings or garages.

 

Mr. Gray reported that staff recommends that the Board of County Commissioners set a deadline for the property to be brought into compliance and authorize Code Compliance to initiate legal action if the property is not in compliance by the deadline or falls out of compliance with the Land Use Code regulations. 

 

Chair Donnelly invited the property owner to come forward.  John Beckett, who owns the property with his wife Rachel, addressed the Board.  Mr. Beckett noted that he believes his property along with adjoining properties have a history of exercising “non-conforming” uses. He walked the Board through the history of both his and the adjoining properties.  Mr. Beckett relayed that through the 1970s and 1980s properties have been used for excavation businesses and a variety of scrapping metal uses. He also relayed to the Board that he has been in the process of cleaning up the property.

 

There was a brief discussion between the Board and the property owner regarding the historical uses of land.  Chair Donnelly then opened the hearing for public comment. 

 

Debra Geraghner and Chuck Peterson addressed the Board.  They stated that the Becketts are good people, but worry about the impact on the environment, waterway and the land values.  Ted Mellott also addressed the Board stating he appreciate the Becketts friendship and that he and his children have helped the Becketts clean up the property. 

 

Chair Donnelly closed public comment.  Chair Donnelley invited Mr. Beckett back to respond. Mr. Beckett noted that many of vehicles stored on the property were setback more than 1,500 feet.  He also reported that he is working on cleaning the property up and acknowledge the need to continue the cleanup. 

 

A discussion followed between the Board and the property owner regarding how long was needed to bring the property into compliance or to demonstrate that the property should indeed be grandfathered for “non-conforming” use.  Additionally, there was a discussion between the Board and the staff regarding the use of the saw mill and qualifications for a property being grandfathered for “non-conforming” use.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners set a deadline of four months for the property to brought into compliance and authorize Code Compliance to initiate legal action if the property is not in compliance by the deadline or falls out of compliance with the Land Use Code regulations in regards to the sawmill and excavation business, junk yard and outdoor storage uses, junk vehicles, semi-trailers, and household items being stored outside

 

Motion carried 3-0.

 

With there being no further business; the Board adjourned at 4:20 p.m.

 

TUESDAY, APRIL 16, 2019

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffman, County Manager. Chair Donnelly presided. 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. Eric Sutherland addressed the Board.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 8, 2019:

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of April 8, 2019.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 22, 2019:   Ms. Gimeson reviewed the schedule for the upcoming week with the Board.

 

4.         CONSENT AGENDA:  

 

ABATEMENTS: As recommended by the County Assessor, the following petitions for abatement have been recommended for approval: FC CARIBOU LP-R1645456/87314-45-002 (2017); CARIBOU II LP- R1645455/87314-45-001 (2017)

 

04162019 A001             PROJECT NO. 5516 - LARIMER COUNTY LANDFILL 2019 PHASE 5A CLOSURE PROJECT (B19-02) BY AND BETWEEN LARIMER COUNTY ENGINEERING AND PREMIER EARTHWORK & INFRASTRUCTURE

           

04162019A002             INTERGOVERNMENTAL AGREEMENT FOR FUNDING OF CONSTRUCTION AND MAINTENANCE OF MINOR STRUCTURE 014-0.00-15H CROSSING THE HOME SUPPLY DITCH ON WEST COUNTY ROAD 14 AND SOUTH COUNTY ROAD 15H BY AND BETWEEN LARIMER COUNTY AND TOWN OF BERTHOUD

 

04162019A003             AMENDMENT NO. 1 PROJECT NO. 6016 - FACILITIES SITE FOR LOVELAND ROAD & BRIDGE SHOP IMPROVEMENTS BY AND BETWEEN LARIMER COUNTY AND COULSON EXCAVATING CO

 

04162019A004             DRAINAGE AGREEMENT BY AND BETWEEN LARIMER COUNTY AND LOVELAND FIRE RESCUE AUTHORITY

 

04162019D001             DEED OF DEDICATION, LOVELAND FIRE RESCUE AUTHORITY

 

04162019R001             RESOLUTION AMENDING COMPENSATION FOR LARIMER COUNTY APPOINTED OFFICIALS EXCLUDING THE OFFICE OF THE DISTRICT ATTORNEY

 

04162019R002            RESOLUTION REGARDING EXTENSION OF APPROVAL FOR CALAR SUBDIVISION LOT 1 AMENDED PLAT AND BOUNDARY LINE ADJUSTMENT

 

04162019R003            FINDINGS AND RESOLUTION APPROVING THE EMISSARIES OF DIVINE LIGHT APPEAL

 

04162019R004            FINDINGS AND RESOLUTION APPROVING THE ROUNDHOUSE RENEWABLE ENERGY 1041 PERMIT

 

04162019R005            FINDINGS AND RESOLUTION APPROVING THE CONNELLY FEE APPEAL

 

MISCELLANEOUS: Ayerie Minor Subdivision Plat, Lot 2 Corrective Affidavit RE: Plat Note Correction Pursuant to C.R.S. 38-35-109(5).

 

LIQUOR LICENSES:  Wedgewood Wedding and Banquet Center – Tavern– LaPorte, Inlet Bay Marina –Fermented Malt Beverage On/Off Premise –Fort Collins.

 

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.   

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS:   Commissioner Johnson invited representative of the Poudre River Public Library District.  Guests included: David Slivken, Executive Director; Kent Draves, Assistant Director; Joe Wise; Board of Trustees and Eric Rock.  Mr. Slivken briefed the on the Library District’s Master Plan and efforts to meet growing community needs.  He reported to the Board that services and community growth is expected to be upwards of 40 percent over the next number of years.  Mr. Slivken also noted that the growth will include a more diverse culture and expanding technology.  Mr. Slivken reported to the Board that the Library District has worked to put together a Master Plan to meet expanding needs.  The plan includes the construction of a new building, expansion of existing services and efforts to better utilize and transform existing space. There was a discussion between the Board and Mr. Slivken regarding efforts to expand adaptive services and partnerships with Colorado State University.

 

Commissioner Donnelly invited Angela Meyers, Larimer County Clerk and Recorder to address the Board.  Clerk Meyers updated the Board on H.B. 19-1278.  She thanked the Board for the letter sent to members of the State Legislature expressing their concerns with the measure.  Clerk Meyers noted that the bill could have a large financial impact upon Larimer County. As the County continues to grow, it is likely that the County would be moved into a new tier designation.

 

Clerk Meyers reported to the Board that proponents of the measure note that the aim is to reduce wait times for voters. She relayed some key statistics: that Colorado is second in the nation for voter registration, fourth in the nation for in terms of limited wait times and third in the nation for voter registration.  Additionally, she noted that only six percent of Voter Service Polling Centers (VSPC) had a wait time of 30 minutes or longer.

 

There was a discussion between the Board, Clerk Meyers and staff regarding how the measure will be financed.  Clerk Meyers reported that financing for these additional centers will likely fall to Counties and in turn the tax payer.  She also reported that the measure would cause Larimer County to increase the number VSPCs by three and drop boxes by anywhere from four to seventeen.  All of which will require increased staffing and an increase in the number of already in high demand election judges.  Lastly, Clerk Meyers relayed that she will keep the Board posted on developments and again very much appreciated their support.

 

6.         APPROVAL TO SUBMIT A SPECIAL EVENT APPLICATION WITHIN THE 60-DAY DEADLINE : Katie Bielby, Community Development.  Ms. Biebly reported that Stacey Hopner contacted the Planning office on April 11, 2019 regarding the need for a special event permit. Ms. Hopner was unable to apply for the special event permit online as her event is scheduled for May 31, 2019 and is within the 60-day deadline.  Ms. Biebly noted that the request was being brought before the Board to determine if a special event application was needed.

 

There was a discussion between the Board, staff and Ms. Hopner regarding the number of attendees and confirming that the event would be held on private property.  Additionally, the Board and staff discussed the reasoning behind reducing the number of attendees from 300 to 40 for special event permits.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners that the Summer Celebration by Stacey Hopner and Brian Callahan be determined to be a private event not subject to a special event permit

 

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.

 

With there being no further business, the Board adjourned at 10:20 a.m.

 

 

 

____________________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

ATTEST:

 

__________________________________________

Elizabeth Carter, Deputy Clerk