MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, JULY 22, 2019.

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m., with Rob Helmick, Principal Planner. Chair Donnelly presided, Commissioner Kefalas and Commissioner Johnson was present. Also present were: Kathy Eastly, Lesli Ellis, Community Development; Katie Gray, Engineering; Lea Schneider, Health Department; Jeannine Haag and Frank Haug, County Attorney; and Stephanie Grosskopf, 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.

 

1.    STEWARD APPEAL, FILE #19GNRL0466: When considering whether to approve an appeal to deviate from standards or requirements of this Code, other than minimum lot size requirements, the County Commissioners may grant the appeal subject to safeguards and conditions consistent with their findings concerning the following factors. The County Commissioners will consider each of the following factors and make findings pertaining to each one which, in their discretion, applies to the appeal:

 

A.        Approval of the Appeal will not subvert the purpose of the standard or requirement. T he purpose of the standard limiting outbuilding square-footage on residential lots is intended to ensure that single-family residential lots maintain the residential character of the lot. The proposed location of the new barn towards the back of the lot will not adversely affect the residential character of the property.  In addition, the applicant could add on a garage to the existing single family dwelling and there would be no size restriction.  This request is a minor deviation from the Code requirement that limits the total square footage of all detached storage buildings and garages to 10% of a lot’s net area to allow a total square footage of 11% of the lot’s net area.

 

B.        Approval of the Appeal will not be detrimental to the public health, safety or property values in the neighborhood. It does not appear that allowing the addition of a 672 square foot barn on the property would be detrimental to the public health, safety or property values in the neighborhood.  The building can only be used for personal storage and will not be permitted to be used for commercial or industrial uses.  Staff has not received any comments either in support or opposition to this request.

 

C.        Approval of the Appeal is the minimum action necessary. This appeal is the minimum action necessary to allow the owners to construct the 672 square foot building on their lot.

D.        Approval of the Appeal will not result in increased costs to the general public. It does not appear that the 672 square foot barn will result in increased costs to the general public.

 

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

The general intent and purpose of the Larimer County Land Use Code is to “ preserve, protect and improve the health, safety and general welfare of Larimer County residents and to implement the Larimer County Master Plan adopted Nov. 19, 1997, and any future amendments.”  The Larimer County Master Plan calls for the preservation of rural character and maintaining neighborhood quality.  The construction of this barn meets this intent as long as the building is only used for personal storage.

 

 

The Development Services Team recommends Approval of the Stewart Appeal to allow an Appeal from Section 4.3.10.E of the Land Use Code requirement that detached storage buildings and garages may not exceed 10% of a lot’s net area, File #19-GNRL0466, subject to the following conditions:

 

1.   A Building Permit is required before the outbuilding can be constructed.  A plot plan that is to scale must be submitted with the building permit application.

 

2.   The two existing sheds on the property, shown on the plot plan, must be removed before the new building permit is final.

 

3.   A 10 foot separation is required between the carport foundation/concrete slab and the septic absorption field.

 

4.   If drainage patterns are going to be changed then a drainage plan will need to be submitted for review and approval.

 

 

 

2.         RAMONA HEIGHTS AMENDED PLAT AND BOUNDARY LINE ADJUSTMENT, VACATION OF ACCESS EASEMENTS, AND APPEAL OF SECTION 8.14.1.I, FILE #19-LAND3894: The applicants are requesting to amend the plat for Ramona Heights to combine 7 platted lots and to add a portion of an adjacent unplatted parcel to create a 1.68-acre lot to be used for single-family purposes. The applicant also seeks to vacate interior access easements, and to appeal Section 8.14.1.I which restricts the creation of lots that are divided by a road. Figure 2 shows the application area outlined in black, the access easements to remain in yellow, and those access easements requested to be vacated in orange. The applicant also proposes to dedicate a right-of-way of variable width along the southern lot line of the unplatted parcel for Ramona Drive.

I.          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.

Staff Comment: No additional lots will be created by the amended plat as the

request is solely to consolidate lots and a portion of an unplatted parcel.

 

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. Staff Comment: The O-Open Zone District requires a minimum lot size of 10-acres which the resultant lots will not meet, however the existing lots are nonconforming and the lot consolidation will not increase the non-conformity.

 

C.         The amended plat will not create a nonconforming setback for any existing building; Staff Comment: The site is vacant therefore the Amended Plat will not create any nonconforming setback.

 

D.        The resultant lots will meet the requirements of subsection 8.14.1.I. Lots can not be divided by a municipal or county boundary line, road, alley, or another lot. Staff Comment: The resultant lot will be split by roads and an appeal has been submitted as a companion request to the Amended Plat.

 

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; and Staff Comment: A request for vacation of two access easements is also a companion request to the amended plat, otherwise there will be not be adverse impacts to drainage and utility easements.

 

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 condition or note on a plat when approving a change.

 

Staff Comment: A plat note is recommended as a condition of approval. This note would state that the resultant lot would be subject to all covenants, deed restriction and other conditions of approval that applied to the original lots.

 

 

II.        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; Staff Response: No lot access will be impacted as there are no improvements constructed in these easements and there are existing improved roads that provide access to the lots in the area.

 

B.         The recommendations of referral agencies have been considered; and

Staff Response: 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. Staff Response: The request is to vacate access easements, therefore there is no right-of-way that would require distribution of land.

 

III.       The Larimer County Land Use Code (Section 22.2.3) outlines the review criteria for appeals to deviate from minimum standards, as stated below:

 

 

A.         Approval of the appeal will not subvert the purpose of the standard or requirement. Staff Response: The lot configuration that results from the amended plat will divide the lot into three separate areas, however the intent is to create one lot, therefore the approval of the appeal will not subvert the purpose of this standard. The amended plat will consolidate multiple lots and parcels which is generally seen as beneficial.

 

B.         Approval of the appeal will not be detrimental to the public health, safety or property values in the neighborhood. Staff Response: The Amended Plat to consolidate the subdivision lots and the Boundary Line Adjustment to add unplatted land to the resultant lot causes portions of the lot be divided by the existing road network. The area of the resultant lot not affected by the existing roadway network is sufficiently sized for a single-family home and appurtenant structures.

 

C.         Approval of the appeal is the minimum action necessary; Staff Response: The application requests to vacate portions of the right-of-way which impacts the resultant lot, however not all of the right-of-way can be vacated as it is used for access purposes. This is the minimum action necessary.

 

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

Staff Response: Granting the appeal will not result in increased costs to the general public.

 

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

Staff Response: Approval of the appeal is consistent with the intent and purpose of the Code.

 

 

The Development Services Team recommends Approval of the following requests:

 

1.         The Amended Plat of Ramona Height, Block 17A, Lots 8, 9, 10, and 11; Block 20 C, Lot 5; Block 20D, Lots 2 and 3; and Boundary Line Adjustment of a portion of the SE ¼ Section 28, Township 10 North, Range 73 West of the  6th P.M.;

 

2.         Vacation of a 20’ access easements 10’ on the common lot line of Lots 5, Block 20C and Lots 10 and 11, Block 17A; Vacation of a 10’ access easement on the north lot line of Lots 8 and 9, Block 17A; and Vacation of a 20’ access easement 10’ along the common lot line of Lots 2 and 3, Block 20D, and Lot 5 Block 20C and on the east lot line of Lot 11 Block 17A;

 

3.         An appeal to Section 8.14.1.I. which states that lots cannot be divided by a road when the resultant lot will be divided by a road within three areas of the 1.68-acre lot;

 

For Ramona Heights, File Number 19-LAND3894, subject to the following conditions:

 

1.         All conditions of approval shall be met, and the Final Plat recorded by January 15, 2020 or this approval shall be null and void.

 

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

 

3.         The vacation of the access easements and the reconfiguration of the lot lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded.

 

 

 

3.         SAUK ROAD RIGHT-OF-WAY & ACCESS EASEMENT VACATION, FILE #18-LAND3825:  Lot 1 of the Baum MRD and Lot 6 of the Baum Exemption propose to vacate the southern 140 feet of auk Road as the road terminates at the southernmost boundary of the subject lots. A utility easement exists in the southern 140 feet of the right-of-way which is to remain in place.

Sauk Road right-of-way exists within an access easement created by the Baum Exemption in 1973. Subsequently Lot 2 was subdivided in the Baum MRD which created right-of-way

adjacent to the two MRD lots, therefore the request for vacation includes both access easement and right-of-way. The dedicated right-of-way from the Baum MRD will be absorbed into the adjacent lot.

 

The Sauk Road right-of-way initially extended to the southern boundary of the sites in order to

provide connectivity to the parcel to the south, as it appears that some form of access was

planned to connect E. Highway 402 and S. County Road 9.

 

When Grand Mesa Estates Subdivision was approved in 2008 (File 08-S2782), in association

with the Sauk Road Name Appeal (File 07-CAC0001) the connectivity was severed, and the

roadway in Grand Mesa Estates was renamed to Sauk Hill Road with the sole access for this

subdivision from S. County Road 9.

 

Sauk Road functions now as the access for the Baum Exemption parcels, and the lots within the

Baum MRD. The two southernmost lots seek to vacate the road, both right-of-way and access

easement, to their existing driveways.

 

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; Staff Response: Approval of the vacation request does not leave any land adjoining the right-of-way as there currently is no connection to Sauk Hill Road to the south. A utility easement will remain in place for existing utilities.

 

B.         The recommendations of referral agencies have been considered; and

Staff Response: The recommendations of referral agencies have been considered and are summarized below. It appears that all outstanding issues identified have been resolved.

 

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.

Staff Response: The right-of-way portion will go wholly to Lot 1 of the Baum MRD as the Baum Exemption Lot 6 is impacted only by an access easement.

 

The requested vacation of the right-of-way and access easement associated with the southernmost 160-feet of Sauk Road resulted in concerns about an emergency access and turn-around area, as well as maintaining an easement for utilities. A Utility Easement has been recorded which satisfies maintaining an easement for the utilities, and a condition of approval is recommended regarding completion of the Emergency Access Easement as required by the Loveland Fire Rescue Authority.

 

The Development Services Team recommends Approval of the requested vacation of the

southernmost 140-feet of Sauk Road with the following conditions of approval:

 

 

1.         All conditions of approval shall be met, and the final resolution recorded by January 22, 2020 or this approval shall be null and void.

 

2.         The vacation of the access easement and right-of-way shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.

 

3.         Prior to the Board of County Commissioner signature of the Findings and Resolution for vacation of the Sauk Road right-of-way and easement, an Emergency Access Easement shall be completed and recorded pursuant to the requirements of the Loveland Fire Rescue Authority.

 

MOTION

 

Commissioner Kefalas moved that the Larimer County Board of Commissioners approve the three consent items listed on the July 22 agenda, including the Steward Appeal File 19-GNRL0466, Ramona Heights amended Plat and Boundary Line Adjustment, Vacation of Access Easements, and Appeal of Section 8.14.1.I., Finally Sauk Road Right-of-way and Access Easement Vacation and File #18-Land3825.

 

Motion passed 3-0

 

With there being no further business to discuss the hearing adjourned at 3:06.

 

TUESDAY, JULY 23, 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 Stephanie Grosskopf, Deputy Clerk.

 

Chair Donnelly opened the meeting with the Pledge of Allegiance.

 

1.          PUBLIC COMMENT: There was no one in attendance who wanted to make a public comment.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEKS OF JULY 15, 2019:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the weeks of July 15, 2019.

 

Motion carried 3-0.

 

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

 

4.         CONSENT AGENDA:  

 

07232019A001             BRYNER RURAL LAND USE PLAN DEVELOPMENT AGREEMENT BY AND BETWEEN LARIMER COUNTY AND TREE FARM PART II LLC.

 

07232019A002             NON EXCLUSIVE PREMISES USE AGREEMENT BY AND BETWEEN LARIMER COUNTY AND JAMES A WILDERSON IV MD.    

 

07232019A003            LARIMER COUNTY ECONOMIC AND WORKFORCE DEELOPMENT, COLORADO WORKS SUBSIDIZED TRAINING AND EMPLOYMNT PROGRAM (CW STEP) SUBGRANT AGREEMENT – ARAPAHOE DOUGLAS WORKS.

 

07232019A004            LARIMER COUNTY ECONOMIC AND WORKFORCE DEVELOOPMENT, COLORADO WORKS SUBSIDIZED TRANING AND EMPLOYMENT PGROGRAM (CW STEP) SUBGRANT AGREEMENT – BOULDER COUNTY.  

 

07232019A005            LARIMER COUNTY ECONOMIC AND WORKFORCE DEVELOPMENT, COLORADO WORKS SUBSIDIZED TRAINING AND EMPLOYMENT PROGRAM (CW STEP) SUBGRANT AGREEMENT – JEFFERSON COUNTY HUMAN SERVICES.        

 

07232019A006            LARIMER COUNTY ECONOMIC AND WORKFORCE DEVELOPMENT, COLORADO WORKS SUBSIDIZED TRANING AND EMPLOYMENT PROGRAM (CW STEP) SUBGRANT AGREEMENT – PILES PEAK.

 

07232019A007            LARIMER COUNTY ECONOMIC AND WORKFORCE DEVELOPMENT, COLORADO WORKS SUBSIDIZED TRAINING AND EMPLOYMENT PROGRAM (CW STEP) SUBGRANT AGREEMENT – WELD COUNTY.

 

07232019A008            PROFESSIONAL SERVICES AGREEMENT (P19-08 BY AND BETWEEN LARIMER COUNTY AND CERES ENVIRONMENTAL SERVICES, INC.

 

07232019A009            PROFESSIONAL SERVICES AGREEMENT (P19-08) BY AND BETWEEN LARIMER COUNTY AND CUSTOME TREE CARE, INC.

 

07232019A010             PROFESSIONAL SERVCIES AGREEMENT (P19-08) BY AND BETWEEN LARIMER COUNTY AND DRC EMERGENCY SERVICES, LLC.

 

07232019A011             PROFESSIONAL SERVICES AGREEMENT (P19-08) BY AND BETWEEN LARIMER COUNTY AND T.F.R. ENTERPRISES, INC.

 

 

MISCELLANEOUS:  Bryner Rural Land use Plan Plat, Annual Compliance certification Report & Monitoring and Permit Deviation Report for Larimer County Landfill, Approval of Solid Waste Policy Committee Members, Recommended Mid-Term Appointment to the Lyons Regional District Library Board, Recommended Mid-Term Appointment to the Lyons Regional District Library Board, Recommended Appointment to the Lyons Regional District Library Board, Stipulate as to Tax year 2018 value, Stipulate as to Tax year 2018 Value. 

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the consent agenda as published

 

Motion carried 3-0

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS: Chair Donnelly invited John “Jack”

Thurman to address the board.  John “Jack” Thurman is a WWII Marine Corp veteran who served in the Pacific Theatre in WWII from 1943 to 1945 and fought in the battle of Iwo Jima.   John “Jack” Thurman is the 2019 Grand Marshal in the Larimer County Fair Parade that will be held in downtown Loveland Saturday, July 27th, 2019. The Board will be proclaiming July 27, 2019 as John “Jack” Thurman Day in Larimer County. Jack said that all the while he was on Iwo Jima from February 19th to March 26 and that flag went up on Mount Suribachi, all night long they would see the flag from up top the mountain waving and what a sight that was. It was so much encouragement he couldn’t help but think of bunker hill. Jack said he is proud of that flag and had an opportunity to post that flag from top of Mount Suribachi. The flag is very important to Jack and he loves it. Jacked lives in Northern Colorado, was an architect by trade and did quite a bit of design work on the engineering building at CU Boulder and projects all over the US; even as far as Germany.  He was married and had a large family, with four kids. Chair Donnelly thanked Jack for his service and how grateful the board is for Jack spending time with them this morning. Commissioner Kefalas thanked Jack for his bravery and service to this country. Commissioner Johnson thanked Jack for being in attendance this morning.

 

6.    PROCLMATION DECLARING JULY 27, 2019 JOHN “JACK” THURMAN DAY

 

M O T I O N

 

Commissioner Johnson we the Larimer County Board of Commissioners do hereby claim July 27, 2019, John “Jack” Thurman Day In Larimer County.

 

Motion 3-0

 

The board took a brief recess for a photo.

 

7.    REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 29, 2019.

Ms. Gimeson reviewed the upcoming schedule with the BOCC.

 

8.    2019 BEHAVIORAL HEALTH SERVICES DISTRIBUTED SERVICES

FUNDING: Laurie Stolen Behavioral Health Program Director, Gary Darlene, Criminal Justice Services Larimer County, Nick Christiansen Behavioral Health Policy Council and Nina Bodenhammer. Over the past 7 months, the research program development, Board development and community engagement has resulted in a successful “Inaugural Funding” opportunity for Larimer County. The Behavioral Health Policy Council has unanimously voted to forward these funding recommendations for 2019 behavioral health distributed service funds. A $1,000,000.00 has been allocated to be distributed in 2019 to enhance and expand behavioral health services. The Behavioral Health Policy Council has created priority areas for focus of funding and accepted the Technical Advisory Committee eligibility criteria for funding partner selection. Ms. Stolen presented the 2019 recommendations for funding and asked that the Board of County Commissioners approve the recommendations for distribution of the inaugural funds of the Behavioral Health Services tax  revenues. $845,000 has been allocated to 11 community partners and the remaining $155,000.00 will be offered through an Open Community Grant cycle in August 2019.

 

M O T I O N

 

Commissioner Johnson moved to approve in whole, the recommendation of the Larimer County Behavioral Health Policy Council for 2019 Distributed Services Funding.

 

Motion 3-0

 

 

9.         BOARD OF COUNTY COMMISSIONERS CONVENE AS BOARD OF EQUALIZATION TO APPROVE RECOMMENDATION OF THE BOARD OF EQUALIZATION REFEREES:

 

Commissioner Kefalas moved to convene as Board of Equalization.

 

Motion passed 3-0

 

Nancy Testory, Joanne Hertz and Kayleigh Ogden, Clerk and Recording addressed the Board. Ms. Testory noted that the report of the hearings of the recommendations that the referees are making are the result of the hearings that occurred July 15, 16th 17th. County Manager Linda Hoffman thanked Ms. Testory and her department for their partnership in this process, which has been handled with grace and getting everything organized and conducted and the paperwork prepared is a heroic effort and they do it well.  Chair Donnelly also thanked the Clerks office and said Ms. Testory, Ms. Ogden and Ms. Hertz deserve a tremendous credit on how smoothly the process has been run. The way the hearing have been managed is well done.

 

M O T I O N

 

Commissioner Kefalas moved to approve the recommendations of the Board od Equalization referees for the hearings held July 15-17, 2019.

 

Motion passed 3-0

 

M O T I O N

 

Commissioner Kefalas moved to adjourn meeting as the Board of Equalization and Reconvene as the Board of County Commissioners.

 

Motion passed 3-0

 

10.        COUNTY MANAGER WORKSESSION:   Ms. Hoffman updated the Board on upcoming projects and activities.

 

 

11.         COMMISSIONER ACTIVITY REPORTS:   The Board detailed their attendance at events during the previous week.

 

 

 

With there being no further business, the Board adjourned at 10:04 a.m.

 

 

 

           

____________________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

 

 

 

 

ANGELA MYERS

 

CLERK AND RECORDER

 

 

ATTEST:

 

__________________________________________

Stephanie Grosskopf, Deputy Clerk