MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, dECEMBER 10, 2018

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Carol Kuhn, Principal Planner. Chair Johnson presided, and Commissioner Donnelly was present. Commissioner Dougherty was excused. Also present were: Tony Brooks and Karin Madson, Code Compliance; Lesli Ellis, Community Development Director; Savanah Benedick-Welch, Community Development; Clint Jones and Eric Tracy, Engineering; Lea Schneider, Health Department; Jeanne Haag, County Attorney; and Deirdre O’Neill, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance.

 

Chair Johnson noted that the following two 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.         DRY GULCH CROSSING-ESTES MOUNTAIN COASTER FLOODPLAIN SPECIAL REVIEW FILE #18-FLD0026: Yakutat Land Corporation is requesting approval of a Floodplain Special Review to allow construction of a box culvert crossing over Dry Gulch in Estes Park. The proposed project is within the Floodway and Flood Fringe Overlay Zone Districts.

 

The proposed project is located on Dry Gulch, with the access to the crossing from Dry Gulc Road across from Ptarmigan Trail. The crossing will provide access to the future Estes Mountain Coaster that has previously been approved by the Town of Estes Park Community Development Department. The construction will take place on property zoned as RE1 - Rural Estate; there are no structures in construction.

 

The Land Use Code requires a recommendation from the Flood Review Board with a final approval from the Board of County Commissioners through a Floodplain Special Review for stream crossings within the floodplain zoning district.

 

The following review criteria for Flood Plain Special Reviews are found in the Land Use Code under Section 4.2.2.G.6. These criteria were evaluated relative to the 100-year regulatory flood event.

 

   A.         The proposal meets all applicable criteria outlined in the General Standards. This proposal adequately meets the applicable criteria outlined in the General Standards.

 

            B.         No danger to life and property may reasonably be expected to result from increased flood heights or velocities caused by encroachments upstream or downstream within the flood plain.

           

                        The modeling and application materials show that the increased velocities resulting from installation of the crossing will be mitigated through construction methods consistent with calculated values of adequate protection materials (e.g., rip-rap). The modeling and application materials also show that the increase in flood heights resulting from the crossing is contained within the channel solely on the Owner’s property and no existing structures are within the area impacted by the increase.

 

            C.         No danger to life or property may reasonably be expected to result from substantial solid debris being carried down the stream by floodwaters. 

                       

                        The application materials show that the project will not cause any danger to life or property, within the bounds of current standards.

 

            D.        No danger of materials being swept away onto other lands or downstream to the injury of others in the event of a flood may reasonably be expected.

 

                        The modeling and application materials show that there is no danger of materials being swept away onto other lands or downstream to the injury of others in the event of a flood, within the bounds of current standards.

 

            E.         Proposed water supply and sanitation systems have been designed to prevent disease, contamination and unsanitary conditions in the event of a flood.

 

            F.         The proposed use is consistent with the flood management program for the area in question.

           

            G.        The expected heights, velocity, duration, rate of the rise and sediment transport of floodwater at the proposed location is consistent with the proposed use. These items were adequately addressed in the technical documentation prepared by the applicant’s engineer.

 

            H.        Any modification of the terrain within the FW-Floodway Zoning District will not result in a rise in overall flood heights at any location. Modification to the terrain were adequately considered in the technical documentation prepared by the applicant’s engineer. The rises in flood heights due to the crossing will be accounted for through the FEMA Letter of Map Revision process.

 

            I.          Any modification of the terrain within the FW-Floodway Zoning District is environmentally sound.

 

            J.          Any modification of the terrain within the FW-Floodway Zoning District will not result in reduced stability of the river channel or floodplain. The technical documentation did not show that the proposed modifications would negatively impact the stability of the river channel or floodplain.

 

 

2.         FORT COLLINS COMMUNITY AIRPARK LOTS 25 & 26 LOT CONSOLIDATION FILE #18-LAND3883: Both properties are in the Fort Collins Community Airpark Subdivision in the East Mulberry Corridor. The Fort Collins Community Airpark Subdivision was recorded in 1967. Lot 25 is approximately 0.64 acres in size and is a vacant lot. Lot 26 is approximately 1.07 acres and contains a 2400 square-foot storage building. Consolidating the lots will create one lot that is 1.72 acres in size.

 

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. The number of lots will be decreased by one.

 

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 amended plat must not increase the nonconformity. The minimum lot size in the I-Industrial zoning district is 0.34 acres when in public water and sewer. Combining these two lots will create a lot that is 1.72 acres in size. Therefore, the current and proposed lot sizes meet the requirements of this district and no nonconformities are being created.

 

C.         The Lot Consolidation will not create a nonconforming setback for any existing building; Removing the common lot line between these two lots will create more buildable area and will not create a nonconforming setback.

 

D.        The resultant lots will meet the requirements of subsection 8.14.1.1. Lots cannot be divided by a municipal or county boundary line, road, alley or another 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; and there are no proposed changes in the existing access or drainage.

 

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 county commissioners shall consider the original reason or circumstance for a condition or note on a plat when approving a change. Any existing covenants, deed restrictions and other conditions of approval which applied to the original lots will continue to apply to the new lots.

 

The Development Services Team recommends Approval of the Lot Consolidation of Lots 25 & 26 of the Fort Collins Community Airpark, File # 18-LAND3833, subject to the following

conditions:

 

1.         All conditions of approval shall be met, and the final resolution recorded by June 10, 2019 or this approval shall be null and void.

 

M O T I O N

 

Commissioner Donnelly moved approval of the consent agenda as outlined above.

 

Motion carried 2-0.

 

 

3.            CODE COMPLIANCE PUBLIC MEETING: The property owner is in violation of the Larimer County Land Use Code Section 4.1.22.D.- PD-Planned Development for not submitting application for site plan approval for the outdoor storage of RV’s, boats, and self-storage business, Section 10.5.E. - Prohibited Signs for placing off premise signs on his adjacent property, Section 4.1.22.G. PD-Planned Development for allowing people to occupy RV’s on the property which is not an approved use, and Section 105.1of the International Building Code for not obtaining required building permits for the signage, additions made to existing storage buildings, and for changing the use

of the existing structures from personal storage to enclosed storage and/or warehouse use.

 

This property is located approximately 1400 feet southwest of the intersection of North Namaqua Avenue and West Eisenhower Boulevard.

 

Notice of this public meeting was mailed certified and regular mail to the owners of the property as well as by regular mail to all adjacent property owners.

 

On October 15, 2013, Mr. Gomez first made inquiries regarding a request to divide and rezoning his property. On July 15, 2015, approval was granted for his request to rezone from R1-Residential/T-Tourist to PD-Planned Development. Mr. Gomez was informed that site plan review was required for an outdoor storage business even though the property was rezoned to allow the use.

 

In addition to an illegal outdoor storage business operating from the property, there are people occupying RV’s full time, additions have been made to existing storage buildings without building permits. The storage buildings located on the property are approved for personal use only and require change of occupancy building permits for them to be rented.

 

The property owner is operating an outdoor storage business without first obtaining site plan approval, operating an enclosed storage business without an amending the zoning approval to allow enclosed storage and an RV park and operating the enclosed storage business without obtaining building permits for all the improvements made to the property.

 

To date, no planning application or building permit applications have been submitted.

 

Staff findings:

              1.         The property is zoned PD-Planned Development.

             

              2.         Outdoor storage of RV’s/boats and self-storage business and an enclosed storage business and/or warehouse use business require site plan review as outlined in the attached Findings and Resolution (F & R) for the Gomez Planned Development Rezone. Minor Special Review may be required if certain requirements are not met per section 4.3.7.H of the LCLUC.

 

3.         An RV park is not an allowed use in the PD zoning district for this property per the Gomez Planned Development Rezoning.

 

4.         Changes to approved uses requires amendments to the approvals as outlined in Section 4.1.22.G.

 

5.         Off premise signs are prohibited use as outlines in Section 10.5.E.

 

6.         International Building Code Section R105.1 is required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. 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 Johnson explained that Tony Brooks, Code Compliance Inspector, would present a brief description of the code compliance violation and then the property owner will be asked to speak. The meeting will then be opened to public comment if anyone wishes to speak. Chair Johnson invited Mr. Brooks to address the Board

 

Mr. Brooks gave a brief background of the code compliance violation including off premise signs and outdoor storage of RV’s. He explained where the property is located and that the property owner, Mr. Gomez, is in violation of Larimer County land code section 4.1.22D-PD. He went over staff findings and recommendations for the property to be brought into compliance.

 

Mr. Roger Gomez, the property owner addressed the Board. Mr. Gomez spoke about the signage issue that had been brought up by the Code Compliance Board. He explained that the sign sits on a trailer and it is not permanently affixed to the property. He stated that he has been in contact and trying to work with the Planning Development Team, but he is confused as to the next steps that need to be taken. In his opinion, he did not believe since the re-zoning of the property that a site plan was needed.

 

Mr. Gomez also explained that he does not have any unauthorized personnel on the property and that there is only one dwelling on site.

 

Chair Johnson opened the meeting for public comment: No members of the public addressed the Board.

 

There was some discussion between the Board and the Planning Department about timeframes for a site plan to be submitted, building permits as well as other deficiencies.

 

M O T I O N

 

Commissioner Donnelly moved that The Board of County Commissioners set a deadline of 180 days to bring the property into compliance and authorize legal action if the property is not in compliance by the deadline as indicated in the staff report.

 

Motion carried 3-0.

 

 

TUESDAY, DECEMBER 11, 2018

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Lorenda Volker, Assistant County Manager. Chair Johnson presided, and Commissioner Donnelly was present. Commissioner Dougherty was excused. Also present were Brian Hayes, City of Loveland; Josh Fudge, Budget Director; Brenda Gimeson and Alisha Jeffers, Commissioners Office; Todd Blomstrom, Community Planning; Michelle Bird, Public Affairs Manager; Gary Buffington, Natural Resources Director; Meegan Flenniken, Open Lands Program Manager; and Deirdre O’Neill, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.          PUBLIC COMMENT:  Chair Johnson opened the meeting to public comment. Penny Hillman addressed the Board.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 3, 2018:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of December 3, 2018.

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 3, 2018:   Ms. Gimeson reviewed the schedule for the upcoming week with the Board.

 

4.         CONSENT AGENDA:  

 

ABATEMENTS: Recommend denial-Dariush Bozorgpour, Property Tax Advisors, Inc. 4130 Clydesdale, LLC R1641697/85031-16-006(2017); Recommend denial-Darius Bozorgpour, Property Tax advisors, INC Clark Properties, LLC R1623755/96011-63-007(2017); Recommend denial-Darius Bozorgpour, property Tax Advisors, Inc, Coleman Enterprises R0573850/25291-00-018(2017); Recommend denial-Darius Bozorgpour, Property Tax Advisors, Inc, Coleman Family Partnership R0573957/25291-00-038(2017); Recommend denial-Darius Bozorgpour, Property Tax Advisors, Inc, Coleman Family Partnership R0573922/25291-00-032(2017); Recommend denial-Darius Bozorgpour, Property Tax Advisors, Inc, Coleman Family Partnership R1163400/25291-07-001(2017); Recommend denial--Darius Bozorgpour, Property Tax Advisors, Inc, Coleman Family Partnership R1163418/25291-07-002(2017); Recommend denial--Darius Bozorgpour, Property Tax Advisors, Inc, Dan Eckles, Ted Eckles-Fisher R1122851/87094-12-006(2017); Recommend denial Darius Bozorgpour, Property Tax Advisors, Inc, Frederick & Donna Upham R1443305/97233-14-008(2017); Recommend denial-Darius Bozorgpour, Property Tax Advisors, Inc, James R.Chinn R0287466/89331-31-001(2017); Recommend denial-Darius Bozorgpour, Property Tax Advisors, Inc,, Jeannine Ann Eckles R0640182/87184-09-011(2017); Recommend denial-Darius Bozorgpour, Property Tax Advisors, Kissock 91 Partnership R0044814/97123-18-035(2017); Recommend denial- Darius Bozorgpour, Property Tax Advisors, Inc, Tracy; JT Enterprises LLC R0563943/34024-00-015(2017); Recommend denial-Dariush Bozorgpour, Property Tax Advisors Inc, Performance Holdings, LLC R1616431/87073-46-001(2017); Recommend denial-Darius Bozorgpour, Property Tax Advisors, Inc Performance Holdings, LLC R1616432/87073-46-002(2017); Recommend denial- Recommend denial-Darius Bozorgpour, Property Tax Advisors, Inc; Performance Holdings, LLC R1616433/87073-46-003(2017); Recommend denial-Darius Bozorgpour, Property Tax Advisors, Inc; Robert & Betty Curtis R1616434/87073-46-004(2017); Recommend denial--Darius Bozorgpour, Property Tax Advisors, Inc, Robert & Betty Curtis R1616435/87073-45-005(2017); Recommend denial--Darius Bozorgpour, Property Tax Advisors, Inc, Robert & Betty Curtis R1616436/87073-46-006(2017); Recommend denial--Darius Bozorgpour, Property Tax Advisors, Inc, Robert & Betty Curtis R1616437/87073-46-007(2017); Recommend denial—David Johnson, Joseph C. Sansone Company; Crashway LLC R0642894/94144-77-001(2017); Recommend denial- Donald A.& Kelly Moen R1600501/87171-23-001(2017); Recommend denial- Eric Christopher & Dominique Marie Knudson R1644762/88313-40-002(2017); Recommend denial- James W. Fairchild and Wells, Inc. profit sharing plan R1473713/34012-32-009(2017); Recommend denial-Julie Stenz, Jas Ventures, LLC; Jamie Lynn & & Willard Warfield R0205273/97014-05-028(2017);Recommend denial-Margaret A Manske, Margaret A. Manske Trust R0523046/07-007(2017);Recommend denial-Mark S. Willis, Vanessa K. Mancill R0246573/97313-09-016(2017); Recommend denial-Paradise River Venture, LLC. R1169246/35341-05-003(2016/2017); Recommend denial- Robert T. Matteo, Nora Ann Matteo R1580918/99264-07-017(2017)

 

 

12112018A001              MEMORANDUM OF AGREEMENT BY AND BETWEEN LARIMER COUNTY AS GRANTOR AND COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) AS GRANTEE

 

12112018A002             PROFESSIONAL SERVICES AGREEMENT (P18-22, DRY ENCAPSULATION CARPET CLEANING SERVICES) BY AND BETWEEN LARIMER COUNTY AND SOLID SURFACES CARE, INC

 

12112018D001             BARGAIN AND SALE DEED

 

12112018P001              POLICY 100.11 - INTERNAL POLICY DEVELOPMENT PROCESS

 

12112018R001              A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, ACTING AS THE BOARD OF LOCAL IMPROVEMENT DISTRICT 2016-1 (WONDERVIEW LID) ACCEPTING COMPLETED CONSTRUCTION OF THE SANITARY SEWER COLLECTION SYSTEM            

 

12112018R002             RESOLUTION AMENDING COMPENSATION FOR LARIMER COUNTY DEPUTIES & APPOINTED OFFICIALS (C.R.S. 30-2-104) EXCLUDING THE OFFICE OF DISTRICT ATTORNEY

 

12112018R003             RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY (C.R.S 20-1-203)

 

12112018R004             FINDINGS AND RESOLUTION APPROVING THE VACATION OF A UTILITY EASEMENT IN CHERRY PARK SUBDIVISION 2ND FILING, LOT 1, BLOCK 4

 

12112018R005             FINDINGS AND RESOLUTION APPROVING THE VACATION OF A PORTION OF A UTILITY EASEMENT IN MEADOWDALE HILL 2ND FILING LOT 72

 

 

MISCELLANEOUS: Department of Human Services payments for October 2018; Required by the State. Total Dollar Amount: $7,722,490.40; Public Trustee 3RD Quarter Report, 2018; As per Colorado Revised Statutes, the Public Trustee shall quarterly make and file a financial statement with the Board of County Commissioners. The Public Trustee is to have the Board of County Commissioners approve the report. The Public Trustee then pays the County Treasurer all excess fees collected, if applicable; Recommended Reappointment to the Larimer County emergency telephone authority; Reappoint Captain Frank Johnson of Colorado State University, representing small towns in Larimer County, to serve on the Larimer County Emergency Telephone Authority (LETA) for a two-year term beginning January 1, 2019 and ending December 31, 2020; Recommended reappointment to the Larimer County emergency telephone authority: Reappoint Chief Randy Lesher of Thompson Valley EMS, representing hospital districts in Larimer County, to serve on the Larimer County Emergency Telephone Authority (LETA) for a two-year term beginning January 1, 2019 and ending December 31, 2020; Memorandum from Cliff Riedel, District Attorney - Promotional opportunity (12/6/2018): Pursuant to C.R.S. 20-1-201(2), the District Attorney is seeking approval to create one additional Chief Deputy District Attorney Position to oversee the Juvenile Division. No new positions are requested; an existing Deputy District Attorney will be promoted into this position and the vacated Deputy District Attorney position will not be refilled. No additional funding is required.

 

LIQUOR LICENSES: Trout Tavern, Red Feather Lake – Tavern; Mountain Vista Greens, Fort Collins - Optional Premises

 

M O T I O N

 

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

agenda, as outlined above.

 

Motion carried 2-0.   

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS: The Commissioners did not have any guests.

 

6.         RECOGNIZE MICHELLE BIRD, PUBLIC AFFAIRS MANAGER, FOR HER SELECTION AS A BIZWEST 40 UNDER 40 HONOREE: Commissioner Donnelly announced that BizWest, a local business publication, conducts an annual competitive process to honor community leaders who are younger than forty years of age. The forty winners are selected for their past achievement and promise of future contributions in the Northern Colorado community. Michelle Bird was selected as a 2018 winner.

 

Commissioner Donnelly also mentioned that Michelle has modernized the County’s communication online and does a tremendous job. He mentioned she is very active in leadership roles in Northern Colorado and that this award is well deserved.

 

Michelle Bird spoke about the award ceremony and how proud she is to work for Larimer County, especially the Board of County Commissioner.

 

The Board took a brief recess.

 

7.         CONSIDER PURCHASE OF THE 137-ACRE WAGNER PROPERTY: Todd Blomstrom, Gary Buffington, Meegan Flenniken and Brian Hayes addressed the Board. Mr. Hayes provided a brief description of the proposal. He explained that the Wagner and Bonser properties are located on the east side of Loveland, north of The Big Thompson River. The City of Loveland is under contract with Cindy Wagner to purchase the 137-acre property. It is adjacent to the 72-acre Kauffman conservation easement that the County acquired in 2001 which provides for a trailhead and trail connection.

 

This purchase will significantly contribute to the City of Loveland efforts to provide public access via a trail system along the Big Thompson River corridor.

 

They are requesting an expenditure of $385,700 from the County’s open space sales tax dollars in partnership with the City of Loveland to purchase the 137-acre Wagner property.

 

M O T I O N

 

Commissioner Donnelly moved to approve the expenditure of $385,700 from the County’s open space sales tax dollars in partnership with the City of Loveland to purchase the 137-acre Wagner property.

 

Motion carried 2-0

 

8.         CHANGES TO THE 2019 PROPOSED BUDGET : Josh Fudge, Budget Director went over the 2019 Proposed Expenditures, Anticipated Adopted Expenditures, 2019 Proposed Revenue and Year End Fund Balance with the Board of County Commissioners. He went into detail about the changes as well as the dollar amounts. The 2019 Budget hearing will take place on Thursday December 20, 2018.

 

9.          COUNTY MANAGER WORKSESSION:  Ms. Volker 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: There were no legal matters to come before the Board

 

With there being no further business, the Board adjourned at 9:45 a.m.

 

 

 

 

____________________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

ANGELA MYERS

CLERK AND RECORDER

ATTEST:

 

__________________________________________

Deirdre O’Neill, Deputy Clerk