MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
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: Clint Jones, Traci Shambo, Engineering; Lesli Ellis, Community Development and Planning Director; Rebecca Westerfield and Michael Whitley, Community Development; Lea Schneider, Health Department; Jeannine Haag, County Attorney; and Deirdre O’Neill, Deputy Clerk.
Chair Donnelly 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.
Members of the Audience requested number three, Crystal Lakes 12th Lot 20 SE 2nd Filing removed from the consent agenda.
1. FERGUSON THREE AND FOUR TOWNHOME SUBDIVISON: This is a request for approval of two Final Townhome Submission Plats.
The project areas are located west of Mary’s Lake Road and north of Giant Track Road. The properties are zoned A-1 Accommodations. Ferguson three is approximately 0.38 acres and Ferguson Four is approximately .39 acres in size. Ferguson Three and Four have been issued building permits for the construction of a duplex building on each existing lot.
The proposals entail creating two townhome subdivisions. Each townhome subdivision consists of two townhome lots and two outlots. Each subdivision will contain a townhome building (converted duplex), with each unit being located on one townhome lot.
On November 13, 2018, the Estes Valley Planning Commission unanimously recommended approval of the Ferguson Three and Four Townhome Preliminary Plats with the following conditions by Larimer County Engineering:
1 A detailed grading and drainage plan for both projects shall be submitted with the final plat applications.
2. Shared drainage and maintenance easements between Ferguson Townhome Three and Four shall be shown on the Preliminary Plats and final plats.
3. A Road Maintenance Agreement shall be submitted with final plat applications. Staff recommends approval of the Ferguson Three and Four Townhome Subdivision final plats.
2. COVE AT THE COUNTRY CLUB, LOT 7 AMENDED PLAT FILE #18-LAND3854: The Cove at Country Club Planned Unit Development, recorded January 7, 1985, contains a condition on the plat stating the following: “Building setbacks shall be as defined on the final PUD Site Plan.” The PUD Site Plan illustrates building envelopes for all lots within the PUD, including the subject lot. The house on the subject property was built in 1986 and was issued a building permit by Larimer County. The site plan for the new home showed the home at five feet from the rear yard property line, however the building envelope for this lot illustrated a setback of about seventeen feet from the rear yard. Therefore, the home was built outside of the required building envelope. The current property owner would like to replace a deck that encroaches outside of the designated building envelope and applied for a building permit before this was understood. To allow the property owner to replace the deck, the plat condition requiring setbacks to meet the PUD Site Plan must be modified. Therefore, it is proposed that the condition on the Cove at Country Club PUD plat be modified to include the following: Building setbacks shall be as defined on the final PUD Site Plan except for Lot 7. Lot 7 shall have setbacks of five feet from all lot lines.
The Larimer County Land Use Code (Section 5.7.3) allows for the approval of an amended plat if the following review criteria are met:
A. No additional lots will be created by the amended plat.
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.
C. The amended plat will not create a nonconforming setback for any existing building.
D. The resultan6t lots will meet the requirements of subsection 126.96.36.199. Lots cannot be divided by a municipal or county boundary line, road, alley or another lot.
E. The amended plat will not adversely affect access, drainage, or utility easements or rights-of-way serving the property or other properties in the area.
F. Any covenant, 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 to this development.
Commissioner Johnson moved that the Board of County Commissioners approve consent agenda items 1 and 2 as outlined above.
Motion carried 3-0
Item to be reheard due to an error in the noticing of the prior Board of County Commissioners Hearing on December 3, 2018:
3. CRYSTAL LAKES 12TH LOT 20 SE 2ND FILE #17-ZONE2257: This request was placed on the Larimer County Planning Commission Consent Agenda because the Team received no comments prior to setting the request for hearing the applicant concurred with the recommended conditions. Prior to the hearing the Crystal Lakes HOA had initially noted some concerns but revised those concerns in a second letter to the County. At the hearing there were several individuals present but only one person spoke concerned with possible noise and fire safety concerns. The Larimer County Planning Commission considered those comments and did adopt the Team recommendations and have recommended approval to the Board of County Commissioners.
Planning Commission and Development Services Team Recommendation:
BE IT RESOLVED
A. Special Exception: The Development Services Team recommends Approval of the Crystal Lakes 12th Lot 20 Special Exception file #17-ZONE 2257 subject to the following condition(s):
1. The applicant shall submit a residential alteration permit for a change of use prior to commencement of the vacation rental use.
2. The vacation rental use is limited to no more than one living unit of no more than 6 adults.
3. Prior to the submittal of a change of residential alteration permit for a change of use, the applicant shall provide evidence of adequate water supply to address the State Engineer’s Office requirements.
4. Prior to the issuance of the issuance of a residential alteration permit for a change of use, the applicant shall pay any additional Transportation Capital Expansion Fees (TCEF).
5. Failure to comply with any conditions of the Special Exception approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.
6. No parking associated with the short-term rental on Mic Mac Dr. is allowed
7. The fire pit on site shall be modified to not allow it use by renters.
B. Appeals: The Development Services Team recommends approval of the Crystal Lakes Lot 20 appeal to Land Use Code Section 8.1.4.G.1 Standards for Non-residential Development Outside of a GMA – Water Supply to waive requirement for sprinkler system. Provided the following alternatives are implemented prior to the final inspection of a residential alteration permit for a change of use:
1. The applicant shall install a stove top fire suppression system.
2. The applicant shall install fire extinguishers in all sleeping rooms.
3. The applicant shall prepare and have maintained a user’s guide for the home that provides all contact numbers and emergency numbers for the property.
4. The applicant shall provide an existing plan, to be posted throughout the residence.
5 . The applicant shall provide documentation which demonstrates that all windows and doors meet required egress standards.
Rob Helmick spoke on behalf of the Planning Department Staff.
Mr. Helmick explained that there had not been a newspaper notice to the public prior to the December 3, 2018 meeting. He added that the only change is the controlling use of the fire pit. He mentioned that the public was present at the December 3, 2018 hearing but no members of the audience addressed the Board.
He explained to the Board that this item had been previously approved by Staff.
There was some discussion between the Board and the Planning Staff. Commissioner Johnson had a question about the existing home that is five feet from the lot line.
Chair Donnelly opened the hearing to Public comment: Cindy Belt, Angela Stevens and Maria Anderson spoke in opposition to this proposal. Their collective concerns were about fire safety, noise and wanting to keep this a private community.
Chair Donnelly closed the public comment section of the hearing.
There was some discussion between the Board and Staff about the number of bedrooms and conditions A5 and A7 were mentioned as well.
M O T I O N
Commissioner Johnson made a motion that the Board of county Commissioners approve Crystal Lakes 12th Lot 20 Special Exception File#17-ZONE2257 outlined above with and additional sentence in condition 7 that no outdoor fires by renting parties shall be permitted at any time.
Motion carried 3-0.
With there being no more Land Use items, the hearing adjourned at 3:30 p.m.
TUESDAY, JANUARY 15, 2019
ADMINISTRATIVE MATTERS MEETING
The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Donnelly presided, Commissioner Johnson and Commissioner Kefalas were present. Also present were: Brenda Gimeson and Alisha Jeffers, Commissioners’ Office; and Deirdre O’Neill, Deputy Clerk.
Chair Donnelly opened the meeting with the Pledge of Allegiance.
1. PUBLIC COMMENT: The following members of the public addressed the Board: Christine Holdsworth, Sherry Graves, Robert Haytis, Ruth Wollack, Teracita Reyes, Mandy Kauffman, John Gross, Scott Holdsworth and Mel Hilgenberg.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 7, 2019:
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of January 7, 2019.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 21, 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 Petition for Abatement have been approved: Ronald & Julie Frenkel R1427229/99350-00-009 (2017)
Recommended Denial - Ernestina L. Tijerina R1269585/97014-19-001 (2017)
01152019A001 GRANT AMENDMENT #1 TO IMPLEMENTATION GRANT AGREEMENT BETWEEN DEPARTMENT OF LOCAL AFFAIRS AND LARIMER COUNTY
01152019A002 RESTATED RECORDKEEPING SERVICES AGREEMENT WITH A TIAA BROKERAGE ACCOUNT FOR GOVERNMENTAL PLANS BY AND BETWEEN LARIMER COUNTY AND TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA.
01152019A003 JOINT LITIGATION AGREEMENT BY AND BETWEEN LARIMER COUNTY, CITY OF WESTMINSTER, FREMONT COUNTY, JEFFERSON COUNTY, TELLER COUNTY, TOWN OF HUDSON AND TRI-COUNTY HEALTH DEPARTMENT
01152019A004 GRANT AMENDMENT #2, BY AND BETWEEN LARIMER COUNTY AND CDOT, TO THE EXISTING STATE OF COLORADO CONGESTION MITIGATION AND AIR QUALITY (CMAQ) GRANT AGREEMENT FOR THE PURCHASE OF CNG VEHICLES FOR THE USE OF THE ROAD AND BRIDGE DEPARTMENT.
01152019R001 RESOLUTION APPROVING AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE (EVDC) REGARDING NEIGHBORHOOD MEETINGS, DEVELOPMENT REVIEW PROCESS, SUBMITTAL REQUIREMENT.
01152019R002 FINDINGS AND RESOLUTION APPROVING LARIMER COUNTY AND BIG THOMPSON WATERSHED COALITION FLOOD PLAIN SPECIAL REVIEW .
01152019R003 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF LOVELAND REDI-MIX CONCRETE, INC .
MISCELLANEOUS: Recommended Mid-Term Appointment to the Planning Commission: Reappoint Sean Dougherty to fill an unexpired 3-year term on the Planning Commission beginning January 15, 2019 and ending June 30, 2019; Reappointment to the Fair Board: Reappoint Frank Marino to the Fair Board for a three-year term beginning December 1, 2018 and ending November 30, 2021; Treasurer’s Six-Month Report: The Treasurer furnishes a semiannual financial report to the Board of County Commissioners according to C.R.S. 30-25-111(2). This report is for the time period of July 2, 2018 to December 31, 2018. Commissioner review and signature is required. The report will be published in a legal newspaper within Larimer County within 60 days of December 31, 2018.
LIQUOR LICENSES: The Following Liquor license was approved: Poudre Spirits & Wine – Bellvue – Retail Liquor Store.
Commissioner Kefalas requested that Resolution number 3, Special Review Findings and Resolution Approving the Petition of Loveland Redi-Mix Concrete, Inc . be removed from the consent agenda.
M O T I O N
Commissioner Kefalas moved that the Board of County Commissioners approve the consent agenda as amended.
Motion carried 3-0
Commission Kefalas spoke about The Loveland Ready Mix Concrete and has recused himself from the motion as he was not on the Board of the County Commissioner at the time of the Hearings.
Commissioner Johnson moved to approve The Special Review Findings and Resolution Approving the Petition of Loveland Redi-Mix Concrete, Inc .
Motion carried 2-0. Commissioner Kefalas was Recused.
5. COMMENTS FROM COMMISSIONERS’ GUESTS: The Commissioner’s did not have any guests.
6 . Select Future Occupants of Justice Center for Building Reconfiguration Planning Purposes by Staff.
The 8th District Court requested an additional Judge in 2019 at the Justice Center, where no open courtroom space exists. If approved, a new Judge would require a series of physical changes to the building, including the need to primarily move a larger department out. At a BOCC Work Session on November 21, 2018, 8th District Court staff and the District Attorney shared reasons why both Probation and the District Attorney’s Office should remain. Follow up analysis confirmed the cost to move out District Attorney’s Office would be at least two times as expensive.
This proposal is for County staff to move Probation primarily out of the Justice Center if another Judge is added.
Ken Cooper and Jennifer Johnson, Facilities Department addressed the Board to explain the proposal.
There was some discussion between the Board and Mr. Cooper and Ms. Johnson explaining that Probation requires about half as much square footage as the District Attorney. They also spoke about disadvantages to moving the Probation Department.
Commission Kefalas directed staff to proceed with the Justice Center reconfiguration planning based on the assumption that the Department of Probation be relocated.
Motion carried 3-0
Commissioner Johnson left the meeting at 10:00 a.m. to give the introduction remarks at the Behavioral Health Co-Responder Meeting.
7. Approval of Administrative Policy and Procedure 100.8A, Confidential Data Privacy and Protection:
On May 29, Gov. John Hickenlooper signed HB 18-1128 into law which amends the State’s data breach notification law to require that affected Colorado residents be notified within thirty days of a data breach and specifies the information that must be included in the data breach notice. This law, which became effective September 1, 2018, establishes data security requirements and adds requirements regarding the disposal of personal identifying information.
Since May 2018 a team of County employees has been working with departments and offices to determine personal information (as defined by the law) gathered during County business. They have also been discussing security measures currently in place to ensure protection of personal information. The attached policy captures the requirements of the law as well as provides practical information and direction for County staff to follow. As the responsible custodian of their records, each office, service area or department is responsible for identifying physical and electronic records containing personal information and for having a process in place for secure storage and disposal. IT security and process improvement staff have made themselves available, and will continue to do so, to assist with this effort.
This policy has gone through a thorough vetting and education process at a meeting with the Strategic Leadership Committee, a department head meeting, one-on-one discussions with specific offices and departments that collect and store personal information and has been posted on the bulletin board for employee review and comment.
David Ayraud, Assistant County Attorney and Tom Iwanski, IT Security and Operations addressed the Board.
Commissioner Kefalas made a motion to approve the Administrative Policy and Procedure 100.8A, Confidential Data Privacy and Protection
Motion carried 2-0
6. COUNTY MANAGER WORKSESSION: Ms. Hoffman updated the Board on upcoming projects and activities.
Commissioner Johnson returned at 10:10 a.m.
7. COMMISSIONER ACTIVITY REPORTS: The Board detailed their attendance at events during the previous week.
8. LEGAL MATTERS: Commission Johnson moved that the Board enter into Executive Session for the purpose of Legal matters regarding Option Agreement for Ranch Land Exchange, pursuant to C.R.S. 24-6-402(4)(a) and (e)(I); Sales tax for Hermit Park campgrounds, pursuant to C.R.S. 24-6-402(4)(b); No decision expected and Executive Session regarding possible litigation against the Colorado Department of Revenue, pursuant to C.R.S. 24-6-402(4)(b); Decision expected.
Motion carried 3-0
With there being no further business, the Board adjourned at 10:30 a.m.
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Deirdre O’Neill, Deputy Clerk