MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Don Threewitt, Principal Planner. Chair Johnson presided. Commissioner Donnelly and Commissioner Kefalas were present. Also present were: Lesli Ellis, and Michael Whitley, Community Development; Devin Traff, Engineering; Jeannine Haag, County Attorney; and Elizabeth Carter, Deputy Clerk.
Chair Johnson opened the hearing with the Pledge of Allegiance and 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. STITH APPEAL – 20-GNRL0477: This lot is located in the Linden Lake subdivision and the owners are requesting an appeal to the 15-foot side yard setback required by plat note. The site is located in the R–Residential zone district which requires a 7-foot side yard setback. The owner seeks to expand the existing garage which will be constructed 10-feet from the side yard setback. The subdivision’s Architectural Control Committee of the HOA is in support of the proposed amendment. Originally a request was received for a setback variance, however the proposed 10-foot side yard setback exceeds the R – Residential zone district requirement for a 7-foot side yard setback. The plat requires an increased side yard setback; therefore, the Board of County Commissioners is the decision maker on whether to allow this property to be released from the plat note restriction on side yard setbacks.
SECTON 22.2.3 -APPEAL TO DEVIATE FROM THE STANDARDS OR REQUIREMENTS
When considering whether to approve an appeal to deviate from standards or requirements of this Code, other than minimum lot size requirements, the Board of County Commissioners may grant the appeal subject to safeguards and conditions consistent with their findings concerning the following factors. The Board of County Commissioners will consider each of the following factors and make findings pertaining to each one which, in their discretion, applies to the appeal:
A. Approval of the appeal will not subvert the purpose of the standard or requirement. The purpose of setback is to create openness, separation, and privacy. It appears that the development of the subdivision sought additional separation between dwellings as a plat note exists that requires a 15-foot setback whereas the R Residential zone district standard requires a 7-foot side yard setback. The neighboring home to the west of the Stith Residence will be separated from the garage addition by a minimum of 30-feet. Under the Larimer County Land Use Code, the side setback required for the R-Residential zoning district is 7-foot, while the Linden Lake Subdivision plat note requires the 15-foot side yard setback. The requested side yard setback is greater than the Larimer County Land Use Code standard, but less than what is required by the plat note.
B. Approval of the appeal will not be detrimental to the public health, safety or property values in the neighborhood. The applicant has provided a letter of support from the most affected property owner to the west who also provided an email noting support of the requested action, as well as a letter of support from the Architectural Control Committee of the Homeowner’s Association.
C. Approval of the appeal is the minimum action necessary. The existing residence is unique in that is positioned at an angle which narrows toward the rear of the lot. The curvature of the lot has necessitated the encroachment into the subdivision required 15-foot side yard setback, therefore the proposed appeal is the minimum action necessary to allow for expansion of the existing garage.
D. Approval of the appeal will not result in increased costs to the general public. The approval of the appeal will not impede public right-of-way or public spaces. Financial costs of the addition will be covered entirely by the owners.
E. Approval of the appeal is consistent with the intent and purpose of the Code. The additional side yard setback required by the subdivision exceeds the zone district side yard setback. The proposed 10-foot setback complies with the zone district requirements. The requested appeal will maintain the general purpose of the standard, therefore granting the Appeal will not substantially impair the intent and purpose of the Land Use Code and Comprehensive Plan.
The following County Offices did not express concerns with the proposal: Planning and Health. Engineering noted that the property is in a flood plain and that existing drainage patterns should be maintained. Code Compliance noted the original plans for the dwelling show a future game room and bedroom, rough bath and storage area. It appears that the work was completed but a building permit could not be located. The owner should contact Code Compliance to assist with the permitting and inspection of these improvements. Lastly, neighbors who have submitted comments are in favor of the proposal and the subdivision Architectural Control Committee had no objections to the request.
The Development Services Team recommends the Board of County Commissioners approve the appeal to, Stith Appeal, File #20-GNRL0477, subject to the following conditions:
A. Failure to comply with any conditions of the Appeal approval may result in reconsideration of the use and possible revocation of the approval by the Board of County Commissioners.
B. All future additions or buildings that would be within setbacks as defined in the Land Use Code, or required by the subdivision plat, must go through the proper County review and planning process prior to construction.
C. The Larimer County Building Department must be provided with a written certification by a Colorado Licensed Land surveyor that the existing building is located where shown on the Larimer County approved Plot Plan for this development.
2. PERRY APPEAL, FILE #19-GNRL0475: The applicants have submitted an appeal to Section 4.3.2.C.2 of the Land Use Code to allow for the construction of a cabin on their property in the east half of Range 70. The proposed cabin would be approximately 90 feet east of the west half of Range 70. The applicant proposes to haul water to the site and use a composting toilet with a vault. These levels of service for a cabin are acceptable to the Department of Health and Environment.
APPEAL TO DEVIATE FROM THE STANDARDS OR REQUIREMENTS
When considering whether to approve an appeal to deviate from standards or requirements of this Code, other than minimum lot size requirements, the Board of County Commissioners may grant the appeal subject to safeguards and conditions consistent with their findings concerning the following factors. The Board of County Commissioners will consider each of the following factors and make findings pertaining to each one which, in their discretion, applies to the appeal:
A. Approval of the appeal will not subvert the purpose of the standard or requirement. The purpose of allowing cabins in the west half of Range 70 is to allow for the construction of cabins in mountainous portions of unincorporated Larimer County. The western boundary of the subject property is the beginning of the western half of Range 70 and the proposed cabin would be approximately 90 feet east of that property line. Approval of the appeal would allow for a minor deviation from the standard and would not subvert the purpose of the standard.
B. Approval of the appeal will not be detrimental to the public health, safety or property values in the neighborhood. There have been no objections to the proposed cabin from any of the referral agencies or surrounding property owners and there is no evidence that approval of the appeal would be detrimental to the public health, safety or property values in the neighborhood.
C. Approval of the appeal is the minimum action necessary. This is the minimum action necessary to allow for the construction of a cabin on the subject property.
D. Approval of the appeal will not result in increased costs to the general public. There will be not be an increase in cost to the general public.
E. Approval of the appeal is consistent with the intent and purpose of the Code. Approval of the appeal would provide for a minor deviation from the locational standard for a cabin by allowing one 90 feet east of where they are normally permitted. Approval of the appeal is consistent with the intent and purpose of the Land Use Code.
M O T I O N
Commissioner Kefalas moved that the Board of County Commissioners approve Consent Agenda for Monday, March 16, 2020 and further moves authorizing the Chair to sign the Findings and Resolutions.
Motion passed 3-0
With there being no further business, the Board adjourned at 3:05 p.m.
TUESDAY, MARCH 17, 2020
ADMINISTRATIVE MATTERS MEETING
The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Johnson presided. Commissioner Donnelly and Commissioner Kefalas were present. Also present were: Michele Bird, Public Affairs Director; Brenda Gimeson and Alisha Jeffers, Commissioners’ Office; and Elizabeth Carter, Deputy Clerk.
Chair Johnson opened the meeting with the Pledge of Allegiance.
1. PUBLIC COMMENT: The following members of the public addressed the Board: Rick Casey and Ed Beham.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 9, 2020
M O T I O N
Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of March 9, 2020.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 23, 2020: Ms. Gimeson reviewed the schedule for the upcoming week with the Board.
4. CONSENT AGENDA:
031602020A001 DEVELOPMENT AGREEMENT FOR THE LAPORTE PIT SPECIAL REVIEW & SITE PLAN #17-ZONE2113 BY AND BETWEEN LARIMER COUNTY AND LOVELAND READY MIX CONCRETE, INC.
03162020A002 DRAINAGE AGREEMENT BETWEEN LARIMER COUNTY AND LOVELAND READY-MIX CONCRETE, INC.
03162020A003: SERVICE AGREEMENT (AGREEMENT) SUMMITSTONE HEALTH PARTNERS AND LARIMER COUNTY SHERIFF'S OFFICE JAIL
03162020A004: MASTER SOLUTION AGREEMENT BY AND BETWEEN LARIMER COUNTY AND ARCTIC WOLF NETWORKS, INC.
03162020A005: EXCESS CAPACITY CARRIAGE AGREEMENT AND CROSSING AGREEMENT BY AND BETWEEN LARIMER COUNTY AND UNITER WATER & SANITATION DISTRICT
03162020R001: RESOLUTION TERMINATING PASS-THROUGH FUND AGREEMENT
03162020R002: SETTING SALARY FOR DEPUTY DISTRICT ATTORNEY (DDA) I AND DDA III POSITIONS
Miscellaneous: Scenic Ranch Estates Public Improvement District #68 Bylaws; Stipulation as to Tax Year 2019 Value: Boeing Drive Investments LLC, Schedule Number: R1580462; Stipulation as to Tax Year 2019 Value: Hogan Family Partnership, Schedule Number R1580318; Stipulation as to Tax Year 2019: RHI 1 Max Flats, LLC, Schedule Number: R1654641; Stipulation as to Tax Year 2019: First Interstate Bank of Fort Collins, Schedule Number: R0039721; Stipulation as to Tax Year 2019: NVH WIP LLLP, Schedule Number:R1653384 and 54; Resubmission with Term Date Correction of Recommended Mid-term Appointment to the Planning Commission: Wendy True; Resubmission with Term Date Correction of Recommended Mid-term Appointment to the Planning Commission: John Barnett; Resubmission with Term Date Correction of Recommended Mid-term Appointment to the Planning Commission: Courtney Stasiewicz; Recommended Appointment to the Scenic Ranch Estates Public Estates Public Improvement District: Bryce Jaynes.
LIQUOR LICENSE : Mishawaka Amphitheatre–Tavern–Fort Collins; JJ's Bar & Grill– Tavern – Fort Collins; Carter Lake Sailing Club, Inc-Special Event 6%–Loveland; Creepy Walk in the Woods (Medieval Festival)– Special Event 6% – Fort Collins; Elks BPOE #804-Club Liquor License-Fort Collins.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the Consent Agenda for March 17, 2020.
Motion carried 3-0
5. COMMENTS FROM COMMISSIONERS’ GUESTS: The Commissioners did not have any guests.
6. LETTER OF SUPPORT FOR FEDERAL TRANSIT ADMINITRAION FUNDING FOR TROLLEY FACILITY IN ESTES PARK: Tom Donnelly, Larimer County Commissioner. Commissioner Donnelly reported to the Board that in 2017 and 2018, the Town of Estes Park was awarded two Federal Transit Administration (FTA) grants through the Colorado Department of Transportation (CDOT). The grants were for two electric trolleys for the community's seasonal transit, Estes Transit. Commissioner Donnelly noted that one of the trolleys is ready for delivery and the second will be procured in late 2020, manufactured for delivery in 2021. The Town is interested in protecting these assets. Commissioner Donnelly informed the Board that the Town of Estes is seeking FTA funds to construct two large vehicle bays, one for each trolley, that will be attached to the existing Water Shop building. He further noted that the Town is seeking the Board’s support and requesting a letter of support.
Commissioner Donnelly stated that the proposed project will protect the trolleys as community assets that serve visitors, residents and commuters. Properly housing these trolleys in a location that is soon to be occupied by the Division that will maintain them will:
· Protect the vehicles from weathering, vandalism and nonuse over the harsh winter months;
· Contribute to the longevity of the vehicle's battery life (both are 100% fully electric);
· Promote good use/stewardship of existing Town resources/land;
· Place the trolleys in close proximity to the Town's transit provider, Rocky Mountain Transit Management (also located on Elm Road).
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve a letter of support for the Town of Estes Park’s application for a Department of Transpiration, Federal Transit Administration grant through the Colorado Department of Transportation for funds to build a facility to house the Town’s two new electric trolleys.
Motion carried 3-0
7. CHILD CARE ASSISTANCE PROGRAM UPDATE: Laura Walker and Heather O’Hare, Human Services. Ms. Walker reported that she and Ms. O’Hare were there to update the Board on potential changes to the Child Care Assistance Program (CCAP). Ms. Walker noted that Larimer County has been on a waitlist for CCAP since September 2016. The waitlist came about as a result of allocation shortages since 2014 She stated that the creation of the waitlist was a particularly difficult decision for the County to make as the families utilizing the program are those on the brink of moving out of poverty.
Ms. O’Hare was pleased to notify the Board that as of March 1, 2020, all families have been moved off the waiting list. The County has been able to facilitate this due to an increase in funding and because of changes to the formula used to disseminate funds.
Ms. O’Hare also briefed the Board on shifts in the program to respond to COVID-19. She noted that the number of allowable absences has been increased to 10. Additionally, families will be able to hold their day care slots for up to six weeks without losing their spot. Lastly, Ms. O’Hare reported that the Human Services Department is continuing to work with local partners for creative and out of the box solutions to changing circumstances. There was a discussion between the Board and staff as to the impact closures of daycare facilities would have the County. Staff noted that they are working on an online portal with resources and continue to work with other County offices to get information out to the public.
There was further conversation between the Board and staff regarding the importance of the upcoming census. The Board and staff discussed how important it is for citizens to be counted as the census counts impact County funding for a variety of programs which is formulated. Staff noted that they have shifted messaging on the importance of the census to social media and online outlets.
Lastly, there was a discussion regarding the creation of the waitlist which was necessitate by an increase in the rates paid to providers. These rate increases did not come with additional state funding. This impact necessitated the creation of the waitlist for a program that has had real impacts on those trying to climb out of poverty. The Board thanked the staff for their efforts to keep the program working in the current environment and to clear the waitlist. The Board also thanked staff for the efforts Human Services to adopt creative solutions to meet the challenges of COVID-19, but still respond to the needs of children and families. Staff also noted that the Emergency Declaration by the County will allow the County to activate its emergency Temporary Relief for Needy Families (TANF) policy and get emergency assistance to those who qualify.
8. CONSIDERATION OF ACTIONS RELATED TO COVID-19: Tom Gonzales, Public Health Director and Lori Hodges, Director of Emergency Management. Mr. Gonzales briefed the Board on the public health situation in Larimer County. He noted that the State Department of Public Health has issued an order for the temporary closure of all restaurants, theaters and gyms. He reported that right now the County is recommending gatherings of no more than 50 peoples but will exercise its authority to stipulate that gathering be confined to less than 50 people.
Mr. Gonzales reported that one of the biggest challenges facing the County is obtaining an adequate number of test kits and how far behind the state is in testing. This is not a Colorado problem, but a problem across the country. In an effort to meet this challenge, individuals feeling ill especially high-risk individuals, will first be tested for influenza with a panel and if that test comes back negative, they will be treated as COVID-19 positive as that is what the trend seems to be. These individuals will also be isolated immediately. Mr. Gonzales noted that currently there are three presumptive positive cases in the County.
Ms. Hodges noted that the staff met with the Chairman of the Board of County Commissioners last week and recommended an Emergency Declaration. One of the items for today is to ratify that Declaration. There was a brief discussion between the Board and staff regarding the possibility of Colorado State University (CSU) being able to process tests. Mr. Gonzales stated that there are a couple barriers the County and CSU are trying to work through. The first has to do with a wavier that needs to be obtained due to Federal regulation, and the second is access to test kits. Staff reported they are working with CSU to overcome these hurdles. The Board also noted they are working with the Federal delegation to work through the issues
Ms. Hodge requested the Board ratify the Emergency Declaration.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve a resolution declaring a local disaster emergency.
Motion carried 3-0
Ms. Hodges reported to the Board on the three phases of the disaster. The first it to try to isolate and keep those who have become infected sequestered from the general public. She noted that the County is now moving into phase two which is more of a community isolation. This is an effort to protect emergency services and health care systems. This will allow these entities to continue to care for the injured and the ill. The third phase, which the County is trying to avoid, is a medical surge. This is where there is a lack of staff and resources to care for the public. Staff is working with local partners to procure supplies. Additionally, the County has been able to tap into a medical supply cache that it has had in place for several years. The County has also been able to tap into the state cache to obtain some additional supplies. Ms. Hodges did note that this would not be a sustainable solution as supplies are in high demand. She reported that County is working on innovative solutions to re-use supplies.
Ms. Hodge conveyed to the Board that the Emergency Management Team is working to push out information on resources for the local community. Lastly, Ms. Hodges reported to the Board that over the next six weeks, the estimated cost to the County will be roughly $300,000, not considering supplies. She is requesting an allocation from the Board of $500,000. Ms. Hodges reported that will cover long-term cost and allow the County to respond to needs as they arise.
M O T I O N
Commissioner Donnelly moved that the Board of County of Commissioner move $500,000 from the undesignated future project reserves into fund 105.
Motion carried 3-0
There was a discussion between the Board and staff regarding the status of hospitals in the County. Hospitals have reported being busier than normal, but up to this point have not experienced surges. There was also a discussion about obtaining the necessary protective gear for hospital and emergency-room workers as well as gear for those in more rural areas of the County.
Mr. Gonzales also reported to the Board that there are many good things happening in the County in response to the virus. He thanked the Sheriff’s office for their support. Mr. Gonzales also stated that of the many emergency disasters directors he has worked with, Larimer County has one of the very best. Lastly, he thanked the citizens of Larimer County who are doing their part in taking the circumstances seriously but not panicking. There was also a discussion between the Board and staff regarding the potential of local business leaders helping to connect businesses in the community with resources. The County Manager and the Board thanked Mr. Gonzalez and Ms. Hodges for their tireless efforts in responding to the needs of the community and for remaining steps ahead in response efforts to protect the public.
Angela Myers, the Larimer County Clerk and Recorder addressed the Board on measures the Clerk’s office is taking to continue service to the public. Clerk Myers began by also expressing her thanks to the public health, emergency response and human services staff. Clerk Myers noted that the Clerk’s Office is one of the most public facing in the County and steps are being taken to protect the public. She further noted that the work of the office is critical to the commerce and economic heartbeat of the County. She reported that public access to the Clerk’s office will be limited. The Recording Office will continue to process marriage applications in person. Documents which are brought in to be recorded over the counter will be dropped off, processed and then mailed back to the customer. Passport processes will be suspended.
Clerk Myers further reported that vehicle licensing will be utilizing their appointment process for all customers who must conduct face to face business. All renewals will be completed via myriad of options to do those online, at kiosks or over the phone. Phones in vehicle licensing will remain open. Lastly, dealers can drop off their information/requests and those will be processed.
With respect to Elections, Clerk Myers noted the office will be opened through the end of business March 17, 2020. After that, customers will be requested to conduct business online or over the phone. There was a discussion between the Board and Clerk Myers that the “race to the counter” for the recording of public records will remain in place. Additionally, petitions for election, which are due March 17, 2020, can still be dropped off. Clerk Myers also reported that the elections team has been and will remain in contact with all those who are utilizing the petition process.
Michele Bird, Public Affairs Director, briefed the Board on efforts to communicate with the public. She noted that the website is being regularly updated and updates are being pushed out via social media. She reminded individuals that they can receive updates via texts as well. Ms. Bird noted that the main inquiries they are getting from individuals who are starting to feel ill or who are worried they might get sick. Ms. Bird mentioned that the County is not getting test kits fast enough. It is critical that if individuals feel ill, they self-quarantine immediately. This is for individuals who feel ill and do not need medical attention. This will help prevent against medical surges. The other message the County is getting out to the public is a reminder to help our family neighbors as we are able. If a family member or neighbor is in a high-risk category, try to assist with errands and other tasks as possible.
Ms. Hoffmann reported to the Board that the County has robust personnel policies in place. Ms. Hoffmann noted that staff who feel ill should stay home and that it additionally might be necessary for staff to stay home to care of their children. Where staff can work remotely, they should utilize that option. Ms. Hoffmann reported to the Board that the County is placing some temporary waivers of policy to add flexibility. These include allowing staff to use sick leave if they need to quarantine, allowing colleagues to donate sick time to others on their team, and allowing employees to go into a negative balance.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners waive County benefits policy and expanding the allowable use of sick leave by County employees during the COVAID-19 emergency.
Motion carried 3-0
9. COUNTY MANAGER WORKSESSION: Ms. Hoffmann updated the Board on upcoming projects and activities.
10. COMMISSIONER ACTIVITY REPORTS: The Board detailed their attendance at events during the previous week.
11 . LEGAL MATTERS: Jeannine Haag, County Attorney’s Office. Ms. Haag noted that she was there to update the Board on a request for authorization for co-counsel, Kutak Rock, to assist with the development of the Ranch Project per the Master Plan and a discussion of response to inclusion in Case 2018CV30402 Simon Contractors and Cactus Hill Ranch Company v. Water Supply and Storage Company.
Ms. Haag reported that in the case of Simon Contractors and Cactus Hill Ranch Company v. Water Supply and Storage Company, her team has found that the County does have shares in Water Supply and Storage Company. She is recommending that the County file an answer to the case. This action will establish the County as a party in case. Taking that step means the County continues to get notices on the case and will provide the County Attorney’s Office with the ability to respond as necessary.
Ms. Haag also updated the Board on developments with implementation of the Ranch Master plan and partnering with other entities to bring the plan to fruition. She noted that the Ranch team had requested the assistance of an outside financial advisor. Additionally, there had been discussion if outside counsel was needed to provide guidance on public-private partnerships. Ms. Haag relayed to the Board that she had reached out to Kutak Rock to see if they would be interested in assisting with the Ranch Project. Kutak Rock is a national firm with offices in Denver and have an extensive background in public-private partnerships. Ms. Haag is recommending to the Board to retain Kutak Rock as co-counsel in the development of the Ranch Project per the Master Plan.
M O T I O N
Commissioner Kefalas moved that the Board of County Commissioners authorize co-counsel, Kutak Rock to assist in the development of the Ranch project per the Master Plan.
Motion carried 3-0
With there being no further business, the Board adjourned at 11:15 a.m.
____________________________________
STEVE JOHNSON
BOARD OF COUNTY COMMISSIONERS
ANGELA MYERS
CLERK AND RECORDER
ATTEST:
__________________________________________
Elizabeth Carter, Deputy Clerk
