MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, JUNE 17, 2019

 

    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: Katy Eastely, Leslie Ellis, Samantha Mott and Michael Whitely, Community Development; Vicky Citrino and Katie Gray, Engineering; Jeannine Haag, County Attorney; Stephanie Grosskopf, Office of the Clerk and Recorder; and Elizabeth Carter, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance. He noted that items on the consent agenda would not be discussed unless requested to do so by the Board, staff, or members of the audience. Additionally, Chair Donnelly stated that item #7 the Red Feather Lakes General Improvement District 13A, File # 13-S3171 would be added to the Consent Agenda. There was a brief discussion between the Board and Vicky Citrino, Engineering Department regarding the boundaries of the General Improvement District (GID). Lastly, Chair Donnelly noted that item #6 The Extension of Moratorium for the Parks and Recreation Facilities Applications in Residential Zoning would be removed from the Consent Agenda for discussion

 

1.         BRADLEY SUBDIVISION PRELIMINARY PLAT, FILE #18-LAND3781 : The applicant has submitted a Preliminary Plat application proposing to subdivide a 5.32-acre property located southwest of Loveland into two lots of 2.6-acres each.  The land was previously divided in the 1970s and there is a prior mortgage parcel which is a part of this application.  The neighborhood is characterized by residential properties that range in size from one-acre to 20-acres.  Most of the parcels are 5-acres in size.  The Lonetree Reservoir, owned by the Home Supply Ditch, is east of this site and was leased to the Colorado Division Parks and Wildlife (CDPW) for recreation, fishing and hunting uses.  The adjoining golf course development owners are the new lessors.  There are other subdivisions in the area with lots at the current FA-1 zoning minimum of 2.29-acres.  Many properties are used for livestock or horses and hay is grown as well.  Lonetree Drive is a public paved road that is maintained by the County.  It is a dead-end road, although an emergency access connects to the Paradise Valley Subdivision at the south end.

 

To approve a subdivision, the Board of County Commissioners must consider the following review criteria and find that each criterion has been met or determined to be inapplicable:

 

            A.        The proposed subdivision is compatible with existing and allowed land uses in the surrounding area. Although smaller than most of the parcels in the neighborhood, the lots proposed by this division are consistent with the FA-1 zoning and compatible with the surrounding area.  Five acre lots and agricultural properties characterize this neighborhood.  The creation of two lots of 2.6-acres each is consistent with the general and possible pattern of development in the area.   Two neighbors have raised concerns with further division in the neighborhood indicating a potential loss of rural character as a result.  The proposed lots meet the minimum lot area and if the technical standards are met they will be considered compatible. 

 

            B.         The applicant has demonstrated that the proposed subdivision can and will comply with all applicable requirements of this Code. The referral comments and staff review have not revealed any conflicts with the requirements of the Code. 

 

                        With respect to the specific standards of the Code:

                       

                        Adequate Public Facilities: 

 

                        8.1.1.   Sewage disposal level of service standards: 

The proposal includes an existing home, accessory structures and a new lot.  The existing structures are adequately served, and the new lot is large enough to accommodate an onsite sewage disposal system.  The Natural Resources Conservation Service soils information indicates that soil conditions would have a better chance of supporting systems in the western area of the proposed lot.  The Health Department concurs with that recommendation. 

 

                        8.1.2.   Domestic water level of service standards: 

Little Thompson Water District is the service provider.  They have indicated that they can serve the property.  The applicant has provided a confirmation of service from the district.  The district has requested a 20-foot easement for the lines, which need to be placed on the Final Plat. 

 

                        8.1.3.   Drainage level of service standards: 

The applicant has provided a preliminary drainage memo.  This memo addresses concerns with the drainage to Lonetree Reservoir, as well as any on site drainage issues.  A final drainage memo will be necessary at Final Plat. 

 

                        8.1.4.   Fire protection and emergency medical service level of service standards: 

Fire protection is provided by the Berthoud Fire District.  They have noted the need for residential fire sprinklers for new construction if suitable hydrants are not located within 600-feet of a structure, and the access drive must have an all-weather surface.   

 

                        8.1.5.   Road capacity and level of service standard: 

Only a single existing driveway access is proposed for these two lots.  This new drive will need to meet minimum standards as identified by the Engineering Department.  The drive will be shared, this plan anticipates a full road to be shared with the lot to the north, so a half width right of way (ROW) and road within it are proposed, which address the concerns of the Engineering Department 

 

                        8.2.      Wetland Areas: 

There are no wetlands identified on this parcel.  The site is adjacent to Lonetree Reservoir and no issues have been identified.  The ditch company has requested the applicant enter into their standard agreement with respect to the rights of the company and the owner(s). 

 

                        8.3.      Hazard Areas: 

                                    There are no hazard areas identified on these proposed lots.

 

                        8.4.      Wildlife: 

The site is adjacent to the Lone Tree Reservoir, which had previously been leased to Colorado Division of Parks and Wildlife.  The new home site is being located on the side of the parcel away from the reservoir. No conflict between the development and the area is anticipated.  Colorado Division of Parks and Wildlife has not commented on the request. 

 

                        8.5.      Landscaping: 

                                    Landscaping is not required nor is any proposed for this development. 

 

                        8.8.      Irrigation Facilities: 

The Home Supply Ditch is the owner of the Lonetree Reservoir and their comments have been received reflecting the concerns of the ditch company.  They have requested the applicant enter into their standard agreement as a part of the approval.  This will need to be provided at the final plat.

 

                        8.14.    Development Design: 

The proposed lots are generally consistent with the Design Standards and Guidelines.  There are two notable concerns.  First, the current and proposed access does not provide connectivity.  The layout of the site and neighborhood may not be conducive to establishing roadway connectivity.  However, the applicant has provided a half width ROW dedication on the north property line which will serve to address the connectivity issue by providing for future roadway along that common lot line. 

 

            C.         The recommendations of referral agencies have been considered. Referral comments at this time have not revealed any significant issues. 

 

            D.        Approval of the proposed Subdivision will not result in a substantial adverse impact on other property in the vicinity of the proposed Subdivision. The subdivision separates the existing use and creates one new lot.  This will not result in a significant impact to properties in the immediate area. 

 

The Development Services Team recommends Approval of the Bradley Subdivision File # 18-LAND3781, and; the requested Appeal 8.14.1.R, connectivity; subject to the following condition(s):

 

1.   The final plat shall be consistent with the approved preliminary plan and with the information contained in the Bradley Subdivision File # 18-LAND3781, 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 Bradley Subdivision File # 18-LAND3781.

 

2.   The following fees shall be collected at building permit issuance for new single-family dwellings:  Thompson R2-J School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Regional Park Fees (in lieu of dedication).  The fee amount that is current at the time of building permit application shall apply. 

 

3.   Fire Requirements – All new residential structures will be required to have residential fire sprinkler systems. 

 

4.   All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site-specific soils investigation.  Due to the seasonal high-water table, basements are prohibited in the development.    Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

5.   Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

6.   The developer is responsible for the construction and acceptance of the domestic water line for the Little Thompson Water District. 

 

7.   All road improvements identified on the plans are the responsibility of the developer. 

 

8.   The Home Supply Ditch Company agreement will need to be completed as a part of the Final Plat.

 

9.   Final geotech and drainage plans shall be provided at the final plat submittal. 

 

2 .         AMENDED PLAT OF LOT 1 OF THE AMENDED PLAT LOTS 54, 55 AND 56 OF THE FORT COLLINS INDUSTRIAL PARK FIRST FILING AND LOT 1OF THE AMENDED PLAT OF LOT 2 AND LOT 3 OF THE AMENDED PLAT OF LOTS 54, 55 AND 56 OF THE FORT COLLINS INDUSTRIAL PARK FIRST FILING FILE # 19-LAND3874 AND APPEAL WITH A DRAINAGE EASEMENT VACATION: The purpose of this amended plat is to reconfigure the lot lines of two adjacent lots with the proposed lot line dividing up existing parking spaces.  This amended plat process was originally started in 2008 but was never finalized.  This amended plat includes an appeal to the width to lot dimension ratio as a result of the applicant dividing the existing parking spaces.  The amended plat also includes a drainage easement vacation.

 

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. The lot line between two adjacent lots is being amended with this request.  The existing parking area is also being divided between the two proposed lots. No additional lots will be created

 

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 lots size for lots in the zoning district I-Industrial that are on both public water and public sewer is 0.34-acres and both resultant lots will meet the minimum lot size. The new lot configuration will not meet the width to depth dimension ratio as a result of the lots lines dividing the existing parking spaces to have the parking spaces for each allocated on each lot.  The review criteria for the appeal is addressed later in this report.  

 

C.         The amended plat will not create a nonconforming setback for any existing building. The amended plat will not create a nonconforming setback for any of the existing buildings.  There will be approximately an 18-foot setback to the existing building on proposed Lot 1.   The new parking lots will not meet the parking lot setbacks, but this is not a criteria for an amended plat.

 

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 amended plat will not create a lot that is 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.  A drainage easement along the front of the two lots is proposed to be vacated with this request.  Larimer County Engineering has indicated that the original intent of the drainage easement was to be used for a detention pond that was never constructed, therefore the drainage easement can be vacated.  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 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 Board shall consider the original reason or circumstance for a condition or note on a plat when approving a change. No changes to any conditions or notes on the plat are proposed with this request.  Any covenants, deed restrictions or other conditions of approval that apply to the original lot will still apply. 

 

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 (Section 22.2.3 of the Larimer County Land Use Code):

 

A.        Approval of the appeal will not subvert the purpose of the standard or requirement.

Approval of the appeal to the lot width to depth dimension ration will not subvert the standard as it will allow the parking spaces to remain with each applicable lot.

 

B.         Approval of the appeal will not be detrimental to the public health, safety or property values in the neighborhood. Approval of the appeal will not be detrimental to public health, safety or property values as there is no physical change as a result of the appeal.

 

C.         Approval of the appeal is the minimum action necessary. Approval of the appeal is the minimum action necessary to approve the new lot configuration.

 

D.        Approval of the appeal will not result in increased costs to the general public.

There will be no increased costs to the general public as there is no physical change as a result of the appeal.

 

E.        Approval of the appeal is consistent with the intent and purpose of the Code.

Approval of the appeal is consistent with the intent and purpose of the Code as it allows the parking spaces to remain with the uses on the applicable lots.

 

The following agencies provided comments on the amended plat: Engineering Department, the County Surveyor’s Office, Health and Environment Department and the Poudre Fire Authority. Staff has found that the proposed Amended Plat of Lot 1 of the Amended Plat Lots 54, 55 and 56 of the Fort Collins Industrial Park First Filing and Lot 1of the Amended Plat of Lot 2 and Lot 3 of the Amended Plat of Lots 54, 55 and 56 of the Fort Collins Industrial Park First Filing File # 19-LAND3874 and appeal with the drainage easement vacation will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots.  The County staff finds that this request meets the requirements of Larimer County Land Use Code.

 

The Development Services Team recommends approval of the amended plat of Lot 1 of the Amended Plat Lots 54, 55 and 56 of the Fort Collins Industrial Park First Filing and Lot 1of the Amended Plat of Lot 2 and Lot 3 of the amended plat of Lots 54, 55 and 56 of the Fort Collins Industrial Park First Filing, File # 19-LAND3874, and Appeal and drainage easement vacation subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:

           

            1.         All conditions of approval shall be met, and the final plat recorded by December 17, 2019, or this approval shall be null and void.

 

            2.         Prior to the recordation of the Final Plat the applicant shall make the following corrections to the plat:

                                   

A.  Include the full file number in the title, Certification of Ownership and Dedication and in the Surveyor’s Certificate.

 

B.   Remove the signature block underneath the Drainage Easement Vacation Statement.

 

            3.         Prior to recordation of the Final Plat, either provide confirmation that the existing building on proposed lot 1 will not extend into the utility easement or amend the utility easement location so that the building does not extend into the easement.

 

            4.         The vacation of the utility easement and the reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded.

 

3.         KHACHATURIAN BED & BREAKFAST MINOR SPECIAL REVIEW, FILE #18-ZONE2457:   The subject property is a 12.82-acre lot located in Lyons, CO. The property is located on the south side of Highway 36 approximately 1,400 feet south of the intersection of Highway 36 and County Road 47. The property is zoned O–Open and contains a single-family home that was constructed in 2001.  Single-family homes cannot be rented for a period of less than 31 days and occupancy of single-family homes is limited to one living unit. A living unit is defined in the Land Use Code as: “One family, plus up to two additional individuals whose place of residence is with the family in the dwelling unit.”  A family is defined as: “An individual or group of people living together who are related by blood, marriage or adoption.”

 

The applicants propose to operate a Bed & Breakfast accommodating six or fewer guests.  The Land Use Code defines a Bed & Breakfast as: “An owner-occupied, single-family dwelling where short-term lodging rooms and meals are provided to transient guests for a fee. A guest is an individual over 12 years of age.” The guest quarters would be in the second level of the home which contains two bedrooms, one bathroom, a living room, play area, and kitchen.  A Bed & Breakfast accommodating six or fewer guests require Minor Special Review approval in the Open zoning district.

 

To approve a Minor Special Review application the Board of County Commissioners 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.  The applicants’ project description notes that the property will continue to be owner-occupied with active management by one employee.  There have been no comments on the application received from surrounding property owners.  Given the lack of response from surrounding property owners, the Development Services Team finds that the proposed use would be compatible with existing and allowed uses in the surrounding area and would be in harmony with the neighborhood.

 

B.         Outside a Growth Management Area (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 property is not in a Growth Management Area and is not within a County-adopted Sub-Area Plan. The O – Open zoning district would allow the proposed Bed & Breakfast through the Minor Special Review process.  Because it is allowed through the Minor Special Review process, it would be consistent with the County Master Plan as long as it meets the Minor Special Review criteria.

 

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: The comments from the Department of Health and Environment indicate that the septic system on this property was installed to accommodate 6 bedrooms.  According to the attached comments from the Department of Health and Environment, the existing septic system is adequate to accommodate the proposed Bed & Breakfast.

 

Sub-Section 8.1.2 Domestic Water Level of Service Standards: The property obtains water service from an on-site well. The Division of Water Resources has reviewed the proposal for a bed and breakfast and has stated that a permit for a commercial well has been obtained.  The applicants indicate in the project description that well water is collected in a cistern and then filtered through a UV treatment system. The Larimer County Department of Health and Environment recommends that a bacteriological analysis the well water be conducted to ensure adequate treatment.  They do not propose to make a bacteriological analysis a condition of approval as it is not required by the Division of Water Resources.

 

Sub-Section 8.1.4 Fire Protection & Emergency Medical Level of Service Standards: The property is not within a fire protection district but is served by Larimer County’s Emergency Services office.  The existing home is not equipped with a fire sprinkler system and is not within 1,000 feet of a fire hydrant. Because the request is limited to six Bed & Breakfast guests, the Larimer County Land Use Code and the International Residential Code do not require upgrades to the single-family home to provide added fire protection. 

 

Section 8.3 Hazard Areas: This property is in a very high wildfire hazard area.  A referral was sent to Derek Rosenquist from the Larimer County Emergency Management office which performs wildfire hazard reviews.  Mr. Rosenquist responded that he had no comments.  A portion of the property is in the flood fringe, but the home is outside of the flood fringe.

 

Section 8.4 Wildlife: A referral was sent to the Colorado Parks & Wildlife office but comments on the project were not received.

 

Section 8.6 Private Local Access Road and Parking Standards:  The parking requirement for Bed & Breakfast facilities is two spaces for the single-family home plus one space for each bedroom used for accommodation.  The site can accommodate the required parking including a handicapped-accessible space. 

 

D.        The proposed use will not result in a substantial adverse impact on other property in the vicinity of the subject property. Staff has not found evidence that approval of the proposed use will result in substantial adverse impacts on properties in the vicinity.

 

E.        The recommendations of referral agencies have been considered. The application was referred to a variety of agencies.  The responses received are attached to this report. 

 

F.         The Applicant has demonstrated that this project can meet applicable additional criteria listed in Section 4.3 Use Descriptions. Section 4.3 of the Land Use Code contains the use descriptions and specific development standards for a variety of uses organized by land use categories (agricultural, residential, commercial, institutional, etc.). There are no standards found in Section 4.3 that specifically apply to the proposed Bed & Breakfast.

 

Comments from the Colorado Division of Water Resources note that water supply for the property is provided by a well which has been re-permitted for commercial exempt use.  Additionally, the comments note a number of requirements related to the permit but do not object to the use of the well for a Bed & Breakfast.

 

The Development Services Team recommends approval of the Khachaturian Bed & Breakfast Minor Special Review, File #18-ZONE2457 subject to the following condition(s):

 

1.         The Site shall be developed consistent with the approved plan and with the information contained in the Khachaturian Bed & Breakfast Minor Special Review, File #18-ZONE2457 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 Khachaturian 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 County, County may withhold building permits, issue a written notice to 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 County must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.  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.         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.

 

4.         CROZIER MOUNTAIN SUBDIVISION #2, LOTS 11 AND 12 LOT CONSOLIDATION, FILE #19-LAND3893: The applicant seeks to combine two contiguous lots in the Crozier Mountain Subdivision, #2 to create one 1.597-acre lot.  This request is to allow for all necessary improvements to be located on one lot. No easements have been requested to be vacated, therefore any existing easements will be protected from future development of the site. The site has been issued two variances by the Board of Adjustment due to the lot being located between the County Road and the North Fork of the Big Thompson River.

 

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. No new lots will be created.  The applicant is proposing to consolidate lots 11 and 12 to create one 1.597-acre 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 1.597-acre lot that will result from the consolidation does not meet the required minimum lot size in the O – Open Zone district, which is 10-acres, however the subdivision was platted in 1961 and the proposed consolidation will not increase the nonconformity.  The dimension requirements of Article 8 are met.

 

C.         The lot consolidation will not create a nonconforming setback for any existing building. No nonconforming setbacks will be created by this lot consolidation as there are no improvements currently located on the parcels.

 

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 Section 8.14.1.I of the Land Use Code and will not 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. A single-family home is proposed to be located on the property and any building permit issued will review the access, drainage, and easements at that time.  The lot consolidation will not affect these requirements. 

 

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. A condition is recommended stating that any existing covenants, deed restrictions, or other conditions of approval that currently apply to the lots will continue to apply to the new lot created by the consolidation.

 

The following are summaries of comments from County Agencies. Addressing: the address for the newly created lot will be 9509 County Road 43, Glen Haven, CO 80532. Assessor’s Office: the new lot description will be: Lot 11A, Crozier Mountain Sub #2, Lots Consolidation Resolution of Lots 11 and 12, Crozier Mountain Sub #2; County of Larimer, State of Colorado. Code Compliance: research of the subject property (or properties) has not been conducted to confirm whether or not all structures on the property have been properly permitted, inspected and/or are being used for the purpose for which they were originally designed. Division of Water Resources: it is anticipated that a permit to construct a well would be issued with a limitation to use inside one single-family dwelling, with no irrigation or other outside use. No correspondence has been received from adjacent property owners.

 

The Development Services Team recommends Approval of the Crozier Mountain Subdivision #2, Lots 11 and 12 Lot Consolidation, subject to the following condition(s):

 

1.         All conditions of approval shall be met, and the final resolution recorded by December 17, 2019 or this approval shall be null and void.

 

2.         The resultant lot is subject to any and all covenants, deed restrictions, or other conditions that apply to the original lots.

 

5.         MARIANNA PARK REPLAT, LOT 23, FILE #19-LAND3886: The owner of Lot 23, Marianna Park Replat is proposing to vacate one-foot of a ten-foot utility easement that exists along the rear lot line of the property.  The request is being made due to the roof eave of an existing garage extending one foot into the easement. The utilities companies have signed off the replat.  

 

The Larimer County Land Use Code (Section 5.9.3) allows for the approval of a Right-of-Way or Easement Vacation if the following review criteria are met:

 

A.        Approval of the vacation request will not leave any land adjoining the right-of-way without an established public road or private access easement connecting the land with another established public road, or without utility or drainage services.  No right-of-way is requested to be vacated and no land will be affected or be without utility or drainage services.

 

B.         The recommendations of referral agencies have been considered. All referral agency comments have been considered and are further discussed below.

 

C.         Any right-of-way that is vacated will be divided equally between the lots on each side, unless it can be demonstrated that all of the right-of-way was originally taken from one parcel. In that case, the right-of-way will be returned to that parcel. Property owners on each side of the right-of-way may agree to divide the vacated right-of-way differently but must sign deeds to transfer ownership after the county commissioners approve the vacation. This criterion is not applicable.

 

The following are summaries of comments from County and external agencies. Code Compliance: research of the subject property (or properties) has not been conducted to confirm whether or not all structures on the property have been properly permitted, inspected and/or are being used for the purpose for which they were originally designed. Loveland Fire Protection District has made no comments or concerns. One neighbor voiced concern about the proposed utility easement.

 

The Development Services Team recommends Approval of File Number 19-LAND3886, Marianna Park Replat, Lot 23 subject to the following condition(s):

 

1.         All conditions of approval shall be met, and the final resolution recorded by December 17, 2019 or this approval shall be null and void.

 

2.         The vacation of one-foot of the ten-foot utility easement shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.

 

7.         RED FEATHER LAKES GENERAL IMPROVEMENT DISTRICT 13A, FILE # 13-S3171: On or about April 2nd, the Engineering Department received a petition from the legal owner of one property in Red Feather Lakes General Improvement District 13A (GID).  The owner is requesting that they be excluded from the GID boundaries.

 

As prescribed in the improvement district statutes, a legal notice was advertised in the Fort Collins Coloradoan on June 4th, 2019.  A letter was mailed to all Red Feather Lake GID property owners on May 24th, 2019 with a copy of the notice and an explanation of the problem the exclusion will correct.  A few phone calls were received requesting additional information, but no objections were received.  One email was received stating no objection and wishing Mr. Weston the best.

 

In 2018 the Larimer County Planning Department started the process to adjust the boundaries of three parcels by a boundary line adjustment (BLA) and to further incorporate them into an existing lot within the McCarthy Subdivision, previously done by deed without County approval.  The BLS/Amended plat was to combine these lots so the existing home and additional lots purchased improvements would be located on Lot 1 of McCarthy Subdivision.  Unfortunately, part of the lot change involved the two additional properties are in Red Feather Lakes General Improvement District (GID) 13A.  Because of the GID, the assessor’s office could not complete the process since there were two taxing districts involved.  These two new lots were included in the GID but does not benefit by the GID and is on the other side of the “hill.”  A map illustrating the area is included.

 

Red Feather Lakes GID 13A was created in the 1970’s for maintenance of the subdivision roads in the district.

 

The parcels to be combined with this property are as follows:

 

1)         A parcel of land situate in the Southeast Quarter of Section 29, Township 10 North, Range 73 West of the 6th P.M., County of Larimer, State of Colorado and being more particularly described as follows:  Considering the East Line of the Southeast Quarter of Section 29, Township 10 North, Range 73 West of the 6th P.M., as bearing South, with all bearings contained herein relative thereto.  Beginning at the Northwest corner Lot 1A, amended plat of Lot 1, McCarthy Subdivision File # 13-S171;  Thence Run South 01° 29' 40" West, along the West line of said Lot 1A, for a distance of 110.93’ to the Southwest Corner of said Lot 1A; Thence Run North 86° 25' 22" East, Along the South line of said Lot 1A, for a distance of 134.15’ to the East line of the Southwest Quarter of said Section 29; Thence Run South, Along the East line for a distance of  200.00’; Thence leaving said East line, Run West for a distance of 190.68’; Thence Run North for a distance of 302.52’; Thence Run East for a distance of 59.69’ To Point of Beginning.

 

2)         A parcel of land situate in the Southeast quarter of Section 29, Township 10 North, Range 73 West of the 6th P.M., County of Larimer, State of Colorado and being more particularly described as follows:  Considering the East Line of the Southeast Quarter of Section 29, Township 10 North, Range 73 West of the 6th P.M. as bearing South, with all bearings contained herein relative thereto.  Beginning at the Southeast corner of Lot 1A, Amended Plat of Lot 1, McCarthy Subdivision, File #13-S3171; Thence run North 81° 21’ 00” West, Along the South line of said Lot 1A, for a distance of 40.84’; Thence Run South for a distance of 200.00’ to the Southeast Corner of a Parcel described in the deed recorded at Reception No. 20170066789 and being the point of beginning; Thence Run South, along the East line of the Southwest Corner of said Section 29; for a distance of 228.44’; Thence leasing said East line, run West for a distance of 190.68’;  Thence run North for a distance of 228.44’; Thence run East for a distance of 190.68’ to the point of beginning.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioner approve the Consent Agenda as amended.           

 

Motion passed 3-0

 

6.         EXTENSION OF MORATORIUM FOR THE PARKS AND RECREATION FACILITIES APPLICATIONS IN RESIDENTIAL ZONING:  Jeff Woeber, Senior Planner for Town of Estes Park. Mr. Woeber reported to the Board that on October 22, 2018, a temporary moratorium was imposed by the Board, on the acceptance and processing of development applications for Park and Recreation Facilities in residential zoning districts in unincorporated Larimer County within the Estes Valley Development Code planning area.  Mr. Woeber noted that this was over concerns that were raised due to Park and Recreation Facilities being a permitted use in all of the Estes Valley Development Code’s (EVDC) residential zoning districts.  The temporary moratorium was passed through January 7, 2019, to match the period of a similar temporary moratorium passed by the Town of Estes Park Board of Trustees.  The moratorium was then extended, by the Town Board and by the BOCC, through April 7, 2019, and then through June 30, 2019.

 

Mr. Woeber stated that the temporary moratorium was to allow Community Development staff, the Estes Valley Planning Commission, the Town Board of Trustees, and the Board) to determine what amendments might be appropriate to the relevant provisions of the EVDC relating to Park and Recreation Facilities within the Estes Valley’s residential zoning districts.

 

Mr. Woeber reported that the code amendment for the Park and Recreation Facilities use was taken to the Estes Town Board on May 28, 2019, at which time they directed staff to make further revisions.  At that time the Town Board continued the code amendment to their July 23, 2019 hearing.  This would be after the current moratorium expires.  With that, the Estes Town Board extended the moratorium, at their June 11, 2019 hearing, to August 12, 2019.

 

There was a discussion between the Board and Mr. Woeber as to why the process to was taking such an extended period of time and had become so complicated.  Mr. Woeber noted that there were some disagreements between County and Town staff that had to be worked through.  Additionally, he there was a shift from the Estes Park Planning Commission to focus more on private/ public as opposed to commercial versus noncommercial.

 

Mr. Woeber noted that the Board typically prefers to act on EVDC code amendments only after an Estes Town Board approval. The code amendment will be scheduled for a BOCC hearing as soon as possible after the July 23, 2019 Estes Town Board hearing.  He additionally state that after approval a certain number of weeks will be needed for the Findings and Resolutions process to take place. At this time, the Town of Estes is requesting an extension of the moratorium until September 19, 2019.

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioner approve the Resolution, Extending a Temporary Moratorium on the Application and Review of Park and Recreation Facilities in Residential Zoning Districts in the Unincorporated Estes Valley until September 19, 2019

 

Motion passed 3-0

 

With there being no further business, the Board recessed at 3:20 p.m.

 

 

    LAND USE HEARING

 

The Board of County Commissioners reconvened at 6:00 p.m. with Vicky Citrino, Matt Johnson, Jake Wilson and Mark Peterson; Engineering Department. Chair Donnelly presided, Commissioner Johnson and Commissioner Kefalas were present. Also present were: Stephanie Grosskopf, Office of the Clerk and Recorder; and Elizabeth Carter, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance. Chair Donnelly noted that the Engineering staff would provide a presentation on each of the Public Improvement Districts (PIDs). The meeting would then be opened for public comment. After public comment, the Board will deliberate and vote to move the measure forward to the ballot.

 

Mr. Johnson began the staff presentation with a brief overview on what a PID is and how the process works to bring a PID proposal to the Board.  He noted that a PID is taxing district that assesses a mill levy collected through property taxes.  The funding collected from levy must used in the specific PID and in the public right-of-way.

 

Ms. Citrino briefly walked the Board through the process for establishing a PID.  She noted that the neighborhood must submit an application to the County.  Additionally, a petition must be circulated through the neighborhood to gauge the level of support for the PID.  The measure is then brought before the Board for a public hearing.

 

1)         SCENIC RANCH ESTATES, PROPOSED PID #68: Mr. Wilson reported to the Board that the Scenic Ranch Estates is located on the west side of North Taft Hill Road, north of County Road 56. The property owners in this subdivision contacted Larimer County about ways to generate additional funds to pay for road improvements and snow removal. Mr. Wilson stated that there are 18 lots are in the proposed district.

 

Mr. Wilson noted that the proposed mill levy is for 27.00 percent which will generate approximately $20,855 per year. This will be an average of $1,160 per lot.  He also reported that 68.75 percent of the property owners signed the petition.  Out of a possible 32 signatures, 22 of the property owners signed the petition. There were no comments received from the public on the proposed PID.

 

Chair Donnelly opened the hearing for public comment.  Mike Rushing addressed the Board in support of the PID. He noted that believes the having the County collect and help manage the funds is a good idea.  Bryce Jance and Jim Davis also spoke on the PID and asked questions seeking clarification about the mill levy and how a neighborhood would potentially dissolve a PID.  Chair Donnelly closed public comment.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve a Resolution Approving the Petition for the Organization of the Larimer County Scenic Ranch Estate Public Improvement District #68.

 

Motion passed 3-0

 

 2)        MANOR RIDGE, PROPOSED PID #67 : Mr. Wilson reported to the Board that Manor Ridge is located on the east side of Highway 287, north of East County Road 30. The property owners in this subdivision contacted Larimer County about ways to generate funds to pay for road improvements. Mr. Wilson noted that there are 124 lots are in the proposed district.

 

Mr. Wilson stated that the proposed levy is slated at 41.545 and would generate approximately $162,000 per year.  This would be an average of $1,306 per lot.  Out of a possible 233 signatures, 136 property owners signed the petition. The County has received four sets of comments, two in opposition and two in favor of the PID.

 

There was a discussion between the Board and staff as to the possibility of the county not fulfilling routine chip and seal maintenance on designated roads.  Staff reported, and the Board reaffirmed that would be highly unlikely.  Chair Donnelly opened the hearing for public comment.

 

Todd Deceaser, Doug Larsen and Steve Gomez all spoke in favor of the PID.  Collectively, they expressed concern about the high volume of traffic on Turman Drive due to the location of the Cottonwoods Plains Elementary School.  All three requested the Board consider re-designating Turman Drive as a County road.  Chair Donnelly closed public comment.

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve a Resolution Approving the Petition for the Organization of the Larimer County Manor Ridge Public Improvement District #67.

 

Motion passed 3-0

 

With there being no further business, the Board adjourned at 7:05 p.m.

 

TUESDAY, JUNE 18, 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 Alisha Jeffers, Commissioners Office; Stephanie Grosskopf, Office of the Clerk and Recorder; and Elizabeth Carter, Deputy Clerk.

 

Chair Donnelly opened the meeting with the Pledge of Allegiance.

 

1.          PUBLIC COMMENT :  Cynthia Peck and Eric Sutherland addressed the Board

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 10, 2019:

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of June 10, 2019.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JUNE 24, 2019:   Ms. Jeffers reviewed the upcoming schedule with the BOCC.

 

4.         CONSENT AGENDA:  

 

06182019A001             COLORADO COLLABORATIVE MANAGEMENT MEMORANDUM OF UNDERSTANDING BY AND BETWEEN LARIMER COUNTY AND MANDATED & NON-MANDATED PARTNERS

 

06182019A002             INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN LARIMER COUNTY, CITY OF FORT COLLINS URBAN RENEWAL AUTHORITY (URA), FOOTHILLS GATEWAY AND THE LARIMER COUNTY PEST DISTRICT

 

06182019A003             SOLUTIONS AGREEMENT BY AND BETWEEN LARIMER COUNTY AND SUPERION LLC

 

06182019A004             AMENDMENT #5 TO AGREEMENT FOR DESIGN SERVICES (P17-02, DESIGN FOR COUNTY SATELLITE MAINTENANCE SHOPS) BY AND BETWEEN LARIMER COUNTY AND BENNETT WAGNER & GRODY ARCHITECTS PC

 

06182019A005             PROFESSIONAL SERVICES AGREEMENT P15-39 (PIGGYBACK ON TO BUDWEISER EVENT CENTER LIGHTING REPLACEMENT CONTRACT) BY AND BETWEEN LARIMER COUNTY AND DELEHOY CONSTRUCTION, INC.

 

06182019A006 AGREEMENT BETWEEN ESTES PARK ESTATES PID #25 AND PINEWOOD SPRINGS GID #2 FOR SHARED ROAD COSTS

 

06182019R001             FINDINGS AND RESOLUTION APPROVING THE VACATION OF AN ACCESS EASEMENT IN ESTES PARK ESTATES 3RD FILING, LOTS 14 AND 15

 

06182019R002             FINDINGS AND RESOLUTION APPROVING THE 1593 DRY GULCH REZONING

 

06182019R003             FINDINGS AND RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 210 AND 212 GLACIER VIEW MEADOWS 12TH FILING

 

06182019R004             FINDINGS AND RESOLUTION APPROVING THE VACATION OF A PORTION OF AN ACCESS EASEMENT IN LOT 3 OF THE TERRA VISTA PLANNED LAND DIVISION

           

MISCELLANEOUS: Rescinding Appointment for Sandra Workman for the Community Corrections Advisory Board; Procedure for Appeal Under C.R.S. 32-1-501(5) Regarding the Estes Valley Parks and Recreation District; Order and Assessment in the Matter of Abatement of a Dangerous Building; Funding Request for the Raush Demolition at 301 McColm, Berthoud.

 

LIQUOR LICENSES: Matthews House – Special Event 6% – 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 Kefalas invited Sandy Jordan, the President of Larimer County Search and Rescue to address the Board. Ms. Jordan reported to the Board that the Larimer County Search and Rescue is celebrating its 40th Anniversary this year. They have close to 100 volunteers that provide their own equipment and vehicles as well as service dogs to assist in search and rescue missions. Ms. Jordan noted the Search and Rescue volunteer team recently passed their re-evaluation by Mountain Rescue Association and did so on their first attempt. This was a significant accomplishment for the team. Lastly, Ms. Jordan reported to the Board on Larimer County’s Search and Rescue effort to collaborate with several of the agencies around the state of Colorado when assistance is needed.

 

The Board thanked Ms. Jordan for the work she and the volunteers with the Larimer County Search and Rescue do for the citizens of Larimer County.

 

The board took a brief recess for a picture with Ms. Jordan.

 

6.         DISCUSSION REGARDING THE INCREASE TO 2020 COUNTY SUPPORT TARGET:  Clifford Riedel and Sunni Ward, District Attorney’s Office.  District Attorney Riedel reported to the Board that the District Attorney's Office currently has 89 authorized FTE’s, with 37 of those being appointed attorney positions. Over the last 18 months, the office has seen a 30% turnover rate among attorneys. The impact of such turnover can be seen in many areas, such as; lost productivity, duplicative reassignment of cases, less experienced attorney interactions with victims/witnesses, and negative effects on office morale.

 

District Attorney Riedel noted that another noticeable impact of staff turnover is that the attorney staff in the office is not as experienced as they have been in the past. He noted that having a less experienced staff poses an increasing challenge to the proper functioning of the office, which could ultimately lead to poorer prosecution outcomes for the citizens of this County. Less skilled attorneys with limited courtroom experience contributes to inefficiencies in prosecution of cases and puts an unfair onus on our veteran prosecutors who, despite managing their own workloads, spend increasing amounts of time mentoring and guiding the less experienced attorneys to help avoid mistakes. He noted that many of the attorney who leave the office leave to seek positions in other DA offices.  Working in prosecution of crime is calling, these attorneys are not leaving the field, but leaving to seek out more sustainable wages.

 

District Attorney Ried el reported he is seeking support from the Board to increase starting salaries on July 1, 2019 for both Deputy District I’s (County Court) and III’s (District Court) to $70,000 and $82,000 respectively. Accounting for potential compression issues, the estimated fiscal impact of this increase to our 2019 budget would be $52,000. Due to vacancy savings created by the turnover in our office this year, we would be able to increase attorney salaries on July 1, 2019 without asking for additional financial support. However, based on our 2020 County Support target, without an increase of $115,000, our office will not be able to support the increase without a negative impact to our operations.

 

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 10:00 a.m.

 

 

 

____________________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Elizabeth Carter, Deputy Clerk