MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, AUGUST 26, 2019.

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m., with Rob Helmick, Principal Planner. Chair Donnelly presided, Commissioner Johnson and Commissioner Kefalas were present. Also present were: Kathy Eastly, Lesli Ellis, Matt Lafferty, Samantha Mott, Community Development; Katie Gray, Engineering; Lea Schneider, Health Department; Devin Traff, Public Works; Frank Haug, 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.

 

1.          KUMMERLIN AMENDED SPECIAL REVIEW AND APPEAL, FILE #18-ZONE2408: This is an Amended Special Review to approve to allow the expansion of the small animal pet cemetery and crematory that was originally approved in 1989. This includes an appeal to the paving requirement.

 

This item was on the consent agenda for the July 10, 2019 Planning Commission public hearing at 6:30 p.m.  At the hearing the Staff presented a brief overview of the Development Services Team report which included a recommendation of approval of the Special Review and approval of the Appeal to Section 8.6.3.C.1 of the Land Use Code. 

 

At the hearing several Planning Commission members had questions for staff.  The questions were regarding clarification on removing the restriction that limited the burial of animals on site to small pets.  This was a previous condition of approval for the original 1989 Special Review.  There was some discussion regarding whether the condition of approval should be amended to specify that the burial of large pets versus large animals is allowed.  The property owner did speak to clarify her intent with removing the condition that limited burials to small pets.  She stated that there are people that have cows. llamas, sheep, goats, donkeys, horses, and ponies that they do not think of as livestock or a food source. These animals are their pets. She is not looking at being a rendering place, she is looking at more of a sentimental and personal burial place for their beloved pets.  After a brief discussion the condition of approval (#16) remained as proposed.  The other question was regarding clarification as to where the burial of the larger animals would be located on the site.  The item remained on the consent agenda and was not opened for public comment as there were no neighbors showed up to have the item pulled for discussion. 

 

The Planning Commission voted to recommend approval of the Special Review and Appeal to the Board of County Commissioners with the conditions proposed by the Development Services Team.  The motion passed 6-0. 

 

The recommended conditions of approval are as follows:

 

            1.         This Special Review approval shall automatically expire without a public                                              hearing if the use is not commenced within three years of the date of approval.

 

              2.         The Site shall be developed consistent with the approved plan and with the                                          information contained in the Kuemmerlin Amended Special Review and Appeal, File                          #18-ZONE2408, 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 Kuemmerlin Amended Special                              Review and Appeal.

 

            3.         The Site shall be developed consistent with the approved plan and with the                                        information contained in the Kuemmerlin Amended Special Review and Appeal, File                        #18-ZONE2408, 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 Kuemmerlin Amended Special                                   Review and Appeal.

 

            4.         This application is approved without the requirement for a Development Agreement.

 

            5.         In the event the applicant fails to comply with any conditions of approval or otherwise                      fails to use the property consistent with the approved Special Review, 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                       Special Review approval should not be revoked, and/or bring a court action for                                   enforcement of the terms of the 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                                  Special Review approval, applicant agrees to pay all expenses incurred by County                              including, but not limited to, reasonable attorney’s fees.

 

            6.         County may conduct periodic inspections to the property and reviews of the status of                        the Special Review as appropriate to monitor and enforce the terms of the Special                             Review approval.

 

            7.         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 Special Review approval.

            8.         The applicant will have to obtain the applicable building permits within 60 days of                             approval of the Special Review.

            9.         The applicants will need to install and repair the functionality of the fire sprinklers to                         meet the requirements of Poudre Fire Authority.  Prior to issuance of building permits                      provide documentation in writing from Poudre Fire Authority that their comments                           have been adequately addressed.

            10.       Uncovered dirt stockpile must have permanent perimeter sediment and erosion                                 controls installed to prevent sediment from entering the waterway. 

            11.       The applicant will need to show adequate number of parking spaces on the site plan                          including handicap parking spaces and delineation of the spaces.

            12.       The access will need to be improved to meet current standards which includes paving                        from the edge of the roadway to the right-of-way line.

            13.       The applicant will need to obtain an access permit to work in the State right-of-way.

            14.       If the paving appeal is granted place curb stops at the end of each parking space.

            15.       If the paving appeal is denied the applicant must provide Development Construction                        Plans and Drainage Report for review and approval by the Engineering Department.

            16.       The conditions of approval for the Kuemmerlin Special Review Findings and                                    Resolution, Reception #89019905, shall remain in place with the exception of                                   Condition #10 (limiting the use to small animal pets) which is removed with this                               amended application.

 

1.    RANCH 121 LLC APPEAL, FILE #19-ZONE 2516: This is an appeal from the size limit of Section 4.3.10.H.c to allow an existing 1272 square-living area above the garage as a detached accessory living area.

 

The subject property is a 160-acre parcel located at 5150 County Road 59, Allenspark just north of Boulder County.  It is approximately 1 3/4 miles west of the Big Elk Meadows Subdivision.  There are two existing dwellings on the property, one is 1,334 square feet and the other one is 1,272 square feet and located above a garage.  Both dwellings were constructed in 1980 and neither dwelling was permitted.  The applicants are working on cleaning up the property and bringing it not compliance.  The property is zoned O-Open as well as most of the surrounding properties.

 

The applicants are proposing to use the 1,272 square foot dwelling as an Accessory Living Area and the 1,334 square foot dwelling will be the primary dwelling.  The property is part of a Conservation Easement which prevents it from being further divided.  If the property could be further divided, they could have four 35-acre parcels, each allowed to have a separate dwelling and potentially an accessory living area.  Because the parcel cannot be divided any further due to the Conservation Easement, they are only allowed one single-family dwelling and one Accessory Living Area if approved.  They would like to keep the 1,334 square foot dwelling as the primary residence and the 1,272 square foot dwelling over the garage as the Accessory Living Area.

 

The Public Site Plan process to allow an accessory living area at this property is in process, and the administrative approval is pending the outcome of this requested size appeal.  If the size appeal is granted, the Public Site Plan can be approved.  The use of an accessory living area will be addressed with the Public Site Plan process; therefore, this report is only addressing the size appeal.

 

This request is for the approval of an appeal to allow an Accessory Living Area to be 1,272 square feet.  Section 4.3.10.H.c of the Larimer County Land Use Code calls for the total square footage of the Accessory Living Area to be “limited to 40 percent of the square footage in the single-family dwelling, excluding any garage or basement area, whether finished or not, or 800 square feet, whichever is less.”  In this case, the primary single-family dwelling is 1,344 square feet in size, not including the basement or garage, which would limit the size of the Accessory Living Area to 537.6 square feet.  The proposed 1,272 square foot accessory living area exceeds the allowed square footage; therefore, an appeal is required. 

 

Granting the appeal should not have a negative effect on other properties in the vicinity as approval to the request would not result in any change to the property.  No comments were received from neighbors regarding this request.  The Accessory Living Area will be used solely for guests or family members of the occupants of the single-family dwelling or those providing a service on site in exchange for their residence.   The Accessory Living Area cannot be rented or leased separately from the single-family dwelling.  

 

APPEAL TO DEVIATE FROM THE STANDARDS OR REQUIREMENTS

 

When considering whether to approve an appeal to deviate from standards or requirements of this Code, other than minimum lot size requirements, the 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.

 

B.         Approval of the Appeal will not be detrimental to the public health, safety or property values in the neighborhood.

 

C.         Approval of the Appeal is the minimum action necessary.

 

D.        Approval of 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.

 

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.”  Both the Master Plan and the Land Use Code are intended to provide flexibility in circumstances that are reasonable while still maintaining the health, safety and general welfare of the community.  Staff has made the assessment that the proposed Appeal meets this intent since there will be no impacts to the general welfare of Larimer County residents, and the proposed density is allowed in the Land Use Code.  The property is 160 acres and if it could be divided, they would have more than enough acreage to create separate parcels 35 acres in size that would allow each dwelling to remain without going through any planning process. 

 

3.         LAKE SHORE GARDENS, LOTS 76 AND 77 AMENDED PLAT, FILE #19-LAND3912: This is a request to amend the common lot line between lots 76 and 77, Lake Shore Gardens subdivision:

 

The Larimer County Land Use Code 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 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.

 

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 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.

 

The plat currently contains a note that states “Any covenants, deed restrictions or other conditions of approval that apply to the original lots shall also apply to the respective lots of this Amended Plat.”.

 

The amendment of the common lot line between Lots 76 and 77 of Lakes Shore Gardens Subdivision appears to meet the requirements of the Land Use Code, and all review comments have been adequately addressed.

 

The Development Services Team recommends Approval of the Amended Plat for Lake Shores Subdivision, Lots 76 and 77, Number 19-LAND3912, subject to the following condition(s) and authorization for the chairman to sign the plat when the plat is presented for signature:

 

All conditions of approval shall be met, and the Final Plat recorded by February 27, 2020 or this approval shall be null and void.

 

4.         CRYSTAL LAKES 14TH FILING LOTS 64 & 65, FILE #19-LAND3914: This is a request to combine the area of lots 64 and 65 to create a 3.86-acre lot in Crystal Lakes 14th Filing, and vacate a 20-foot utility easement, 10-feet on either side of the common lot line.

 

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.

 

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.

 

C.         The lot consolidation will not create a nonconforming setback for any existing           building;

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.

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

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.

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;

B.         The recommendations of referral agencies have been considered

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.

The Development Services Team recommends Approval of the Lot Consolidation and Easement Vacation, subject to the following condition(s):

1.         All conditions of approval shall be met, and the final resolution recorded by February 26, 2020         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.         SUPPLEMENTAL SHORT-TERM RENTALS, FILE #19-CODE0241: This is a request to amend applicable parts of the 2018 International Residential and Building Codes for Short-Term Rentals and Vacation Homes.

 

On February 21, 2017, the Board of County Commissioners approved an amendment to the Larimer County Land Use Code to add Short-Term Rental as a use permitted in certain zone districts. This amendment codified the Community Development Director’s determination prior that Short-Term Rentals should be viewed as the same as “Resort Lodge/Resort Cabins” and thus be allowed in the zone districts allowing Resort Lodge/Resort Cabins.

 

Since the 2017 Short-Term Rentals Code change the Community Development Department has received several Special Review and Special Exception applications for such uses and the standards have been found challenging.  First, because the Special Review process that applies to all cases takes about nine months, involves two public hearings, and costs more than other review processes.  Additionally, fire suppression (sprinkler system) is required for all short-term rentals, large or small and regardless of locations.  The seemingly onerous process and standards may have also led to an increase in code compliance cases by owners who choose not to follow the process. To remedy such unintended outcomes of the current short-term rental procedures and standards, the Board of County Commissioners, in early 2018, authorized the Community Development Department staff to renew the standards and procedures. The proposed updates are aimed at simplifying the process to encourage owners to be compliant and address health and safety issues and neighborhood compatibility for short-term rentals.

 

In July of 2018, Community Development staff with other County Staff held a series of meetings with the public, short-term rental owners/representatives, and various fire officials to identify the predominant topics surrounding the allowance of short-term rentals.  From these meetings it was determined that life safety and compatibility were the dominant concerns of the fire protection agencies and residents living near short-term rentals, while processing times and costs were central concerns of the short-term rental owners. Staff also heard feedback from the Planning Commission and Board of County Commissioners at a work session in November of 2018.

 

Taking into consideration all information gathered from the outreach events, staff developed a proposed set of standards and procedures for Short-Term Rental uses in late 2018 and early 2109. These proposed standards and procedures were unveiled at an open house meeting on March of 2019.  The public who attended the meeting generally gave supportive comments.  However, some thought the regulations had not gone far enough to protect neighborhoods, while others believed that they are too strict.  Staff made minor modifications based upon the meeting comment to arrive at the proposed standards that represent a balance of the input received.

 

At the March 2019 Planning Commission work session, staff presented the proposed standards and procedures for comment.  Lively conversation at the meeting ended with a general understanding and direction that the proposed standards and procedures should move forward to the hearing process, generally as presented.

 

Short-Term Rentals are becoming a common adaptive use of residential dwellings across the U.S.  While many of the Short-Term Rentals co-exist with surrounding neighborhoods where they are located, others are described as obtrusive to the harmony and character of the neighborhood.  Therefore, to allow these uses to occur throughout Larimer County, the Community Development Department is proposing standards and processes for Short-Term Rental uses.

 

The changes addressed in the report have been determined necessary to ensure consistent application of standards and processes for Short-Term Rentals.  Some of the amendments proposed involve modifying the Bed and Breakfast definition and use description to achieve equity in development review process and standards between the two similar accommodation types.

 

In order to approve amendments to the text of the Land Use Code, the County Commissioners must consider the following criteria and find that each criterion has been met or has been determined to be inapplicable:

 

            1.         The proposed changes are consistent with the Master Plan and the intent and purpose                       of the Land Use Code.

 

The Larimer County Master Plan and Land Use Code are living documents that are intended to be modified and expanded to address the changing needs of the County and its citizens.  The proposed changes being consider for the Land Use Code are considered necessary to address the evolution from typical accommodation uses (hotels and motels) in non-residential zones to accommodation uses in single-family dwellings, within residentially zoned areas.  To ensure the health, safety, welfare and quality of life of residents in residential areas, as well of the occupants of short-term rentals, the proposed Land Use Code changes have been formulated.  These proposed changes are also seen as necessary to ensure that a consistent and transparent process and standard are used to evaluate and approve such uses.

            2.         The proposed changes are necessary to correct an omission or error in the Land Use                                     Code.

As part of the overall review process to determine appropriate Larimer County regulations for short-term rentals, County staff scrutinized existing building code requirements and have suggested amendments to be consistent with proposed Land Use Code amendments

 

Local amendments to building codes for Vacation Homes and Large Vacation Homes inside the Estes Valley have been in effect since January 1, 2018. With the benefit of experience and suggestions from the public, proposed rules for the remainder of the unincorporated County area are built on the same framework with a few additional safety requirements. Without these amendments, by the letter of the Building Code, all short-term rentals are a change of occupancy from single-family homes to transient residential accommodations, and as such require fire sprinklers, handicap accessibility and other costly alterations.

 

Deadlines for permit applications, life-safety inspections and obtaining Certificates of Occupancy for Estes Valley vacation homes are proposed to be amended to make compliance possible for new applicants not already registered before April 1, 2017.

 

The proposed amendments were heard by the Larimer County Board of Appeals on April 10, 2019 whose role it is to make recommendation to the Board of County Commissions. The board supported the amendments but requested a change be made to IRC Section R329.3.3 to reduce the locations where fire extinguishers are required in un-sprinklered buildings. That section has been changed to reflect their feedback.

 

These amendments are being advanced to the Planning Commission for the commission’s review for consistency with the Land Use Code amendments for short-term rentals. 

 

Staff recommends the Planning Commission recommend the Larimer County Board of County Commissioners adopt the proposed 2018 International Residential and Building Code amendments regulating Short-term and Large Short-term Rentals outside the Estes Valley, and amending the regulations for Vacation Homes and Large Vacation Homes inside the Estes Valley Planning Area, to be effective September 1, 2019.

 

 

6.         SUPPLEMENTAL FOSSIL CREEK AREA PLAN AN CODE AMENDMENTS CODE0234, #CODE0235, #19CODE0236 AND #19CODE0237: This is a request for the Amended Fossil Creek Reservoir Area Plan to eliminate references regarding TDU’s and a repeal of the County’s Transferable Density Units for Fossil Creek Reservoir Area Plan Program and an amendment of section 1-growth management area of the Larimer County and City of Fort Collins Intergovernmental Agreement and a deletion of Larimer County Land Use Code section 4.2.3- Fossil Creek Reservoir Area Transferable Density Units Overlay Zone and a renumeration of section 4.2.4-Coopererative Planning Overlay Zone District to 4.2.3-Cooperative Planning Area Overlay Zone District and deletion of Larimer County Land Use Code section 15.2.2-Supplementary Regulation for Growth Management Areas.

 

The Fossil Creek Reservoir Area Plan Amendment including closure of the County TDU program and associated Land Use Code Amendments were presented to both the Larimer County Planning Commission and City of Fort Collins Planning Commission as a consent agenda item. Neither of the Planning Commissions had any comments on the proposed changes.

 

The Community Development Department recommends that the Planning Commission recommend approval of the amendments to the Larimer County and City of Fort Collins Intergovernmental Agreement as found in attached Exhibit C, and File #19-CODE0236.  The Community Development Department recommends that the Planning Commission recommend approval of the deletion of the Larimer County Land Use Code Section 4.2.3. – Fossil Creek Reservoir Transferable Density Units Overlay Zone as found in attached Exhibit D, and File #19-CODE0237. 85 BCC 06/10/19 AMENDED FOSSIL CREEK.

The Community Development Department recommends that the Planning Commission recommend approval of the renumeration of Larimer County Land Use Code Section 4.2.4. – Cooperative Planning Area Overlay Zone District to Section 4.2.3. – Cooperative Planning Area Overlay Zone District, File #19-CODE0237.

The Community Development Department recommends the Planning Commission recommend approval of the deletion of Larimer County Land Use Code Section 15.2.2. – Supplementary Regulations for Growth Management Areas as found in attached Exhibit E, and File #19-CODE0237.

Chair Donnelly explained that items 1-4 were on the consent agenda and asked if any members of the BOCC or members of the audience would like any of those items removed. No members of the audience or Commissioners asked to have them removed.

 

Commissioner Johnson did a have questions for Kathy Eastley. He asked Ms. Eastley if signatures from utility providers has been obtained on The Crystal Lakes 14th Filing Lots 64 and 64 and the reason for moving the property line 10 feet to the east on Lake Shore Gardens, lots 76 and 77.

 

Ms. Eastley informed the Board that she did have the signatures from the utility providers. She also asked if the applicant could address the reason for the 10-foor expansion.

 

Chair Donnelly asked the owner, Michael Barbee to address the Board.

 

Mr. Barbee explained the expansion was to be able to park his trailer.

 

Chair Donnelly asked County Attorney, Fran Haug if items 5 and 6 that has already unanimously voted on could be moved to the consent agenda.

 

Mr. Haug explained that had been an issue with public notice that had been addressed and if no members of the public wish to approach for discussion on either of these items, then they may be moved to the consent agenda.

 

Chair Donnelly asked if any members of the audience would like to come forward for discussion on the Short-Term Rentals or the Supplemental Fossil Creek Area Plan. No members of the audience came forward.

 

MOTION                 

 

Commissioner Johnson moved to approve the consent agenda as amended.

 

Motion carried 3-0

 

With there being no more land use items, the Board adjourned at 3:07 p.m.

 

TUESDAY, August 27, 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: Alisha Jeffers, Commissioners’ Office; Michelle Bird, Public Affairs Manager; 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: Jim Vassallo, Aileen Hanson, Shirley White, Kathleen Benedict and Eric Sutherland.

 

Chair Donnelly closed public comment.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEKS OF AUGUST 19, 2019:

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of August 19, 2019.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 2, 2019:   Ms. Jeffers reviewed the schedule for the upcoming week with the Board.

 

4.         CONSENT AGENDA:  

 

ABATEMENTS :

 

Recommended Approval – Jax Loveland Property LLC R1647990/95131-15-003 (2017/2018)

 

 

08272019A001             ROAD PROJECT AGREEMENT BETWEEN LARIMER COUNTY AND THE USDA, FOREST SERVICE, ARAPAHO AND ROOSEVELT NATIONAL FORESTS AND PAWNEE NATIONAL GRASSLAND.

 

08272019P001             HUMAN RESOURCES POLICY AND PROCEDURE 331.4.25B-LEGAL COMPLIANCE.

 

08272019P002             HUMAN RESOURCES POLICY AND PROCEDURE 331.2E-RECRUITMENT, APPLICATIONS, AND HIRING.

 

08272019P003             HUMAN RESOURCES POLICY AND PROCEDURE 331.5N-COMPENSATION.

 

08272019R001             FINDINGS AND RESOLUTION APPROVING THE 3133 FISH CREEK ROAD-BENES UTILITY EASEMENT VACATION.   

 

08272019R002             RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY SOLAR RIDGE PUBLIC IMPROVEMENT DISTRICT #21.

 

08272019R003            RESOLUTION CALLING AND ELECTION REGARDING LARIMER COUNTY MANOR RIDGE ESTATES PUBLIC IMPROVEMENT DISTRICT #67.

 

08272019R004             RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY SCENIC RANCH ESTATES PUBLIC IMPROVEMENT DISTRICT #68.

 

08272019R005            RESOLUTION REGARDING EXTENSION OF APPROVAL OF KNIGHT EXEMPTION TRACT A AND VANDERHEIDEN AP/BLA.

 

08272019R006            FINDINGS AND RESOLUTION APPROVING THE LOT 70 RAINBOW LAKE ESTATES LOT 70 BUILDING ENVELOPE EXPANSION.

 

08272019R007            FINDINGS AND RESOLUTION APPROVING THE RAMONA HEIGHTS LOTS 3A, 3B, 4A, AND 6, BLOCK 4 AMENDED PLAT AND BOUNDARY LINE ADJUSTMENT.                       

 

 

LIQUOR LICENSES: The Following Liquor licenses were approved: Branding Iron Liquor – LaPorte – Retail Liquor Store; The Growing Project – Fort Collins – 6%– Special Event; Vern’s Liquor – LaPorte – Retail Liquor Store; Rawah Ranch – Glendevey – Hotel and Restaurant; Poudre Landmarks Foundation, Inc – Fort Collins – 6%– Special Event.

 

M O T I O N

 

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

 

Motion carried 3-0

 

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

 

6 .         HALF-PENNY BALLOT REFERRAL FOR THE PURPOSE OF ADDRESSING REGIONAL TRANSPOTATION AND PUBLIC FACILITY NEEDS:

 

The state demographer predicts a 44% increase in Larimer County’s total population by 2045; growing from approximately 354,000 currently to over 508,000. This growth will place additional burdens on transportation systems throughout the County and on facilities necessary to provide public services.

 

Traffic congestion has been identified by Larimer County residents and businesses as one of the most pressing concerns needing to be addressed within the County. Without improvements to our regional transportation network, the hours of traffic delay on six major transportation corridors in Larimer County is projected to increase by 673% by 2045 compared to delays experienced in 2015. Transportation and mobility options influence nearly every aspect of the quality of life for Larimer County residents and visitors. County leaders have been working collaboratively with our municipal partners, transportation experts and community members over the last 18 months to develop a regional plan to address the most pressing issues including improving our road, street, transit and multi-modal transportation infrastructure that will help prepare our county for the future.

 

Existing public buildings and facilities are inadequate to serve the growing needs of our community (including residents of Fort Collins, Loveland, Wellington, Windsor, Berthoud, Estes Park, Timnath, Johnstown as well as those living in areas of unincorporated Larimer County). Key service categories affected include public safety, veteran’s assistance and human and economic health services. Alternative Sentencing and Community Corrections services are provided by the County to protect public safety, improve outcomes for offenders and manage jail incarceration demands and costs by diverting offenders away from incarceration where appropriate. Veterans’ Services provided by the County assist military veterans from all branches of service in accessing benefits and supports they have earned through their service to our country. The County’s Human and Economic Health services are critical to meeting the needs of our residents by providing family supports such as food assistance, child protection, public health services, adult protection and economic and workforce development. Justice Center needs have grown for courtrooms, judges and support staff and functions for State Judicial District Eight and Larimer County, including specialty courts established to address community needs for offenders experiencing mental health challenges, substance use disorders or charged with DUI offenses.

 

Larimer County cannot sufficiently address the identified transportation and public service facility needs utilizing existing funding sources.

 

Linda Hoffman, County Manager, presented the Board with an overview of the proposal explaining the population growth in Larimer County and the need to address the problems in infrastructure. She explained how the funds will be used going over items such as I-25, Transportation, Facilities, Human Services, Veterans Affairs, Bike ways and Pedestrian Improvements.

 

The Commissioners each spoke about their support for this proposal and that it is a good value for the citizens of Larimer County. They spoke about leadership means looking beyond today and working together as a community. They explained that this is ultimately about people, veterans and their families, and it is a social equity issue.

 

The Commissioners spoke about Larimer County being a great place to live and will only continue to increase in population and they mentioned their record on facilities such as fleet shops and alternative sentencing that were all paid with cash. They spoke of the two worst natural disasters in the state of Colorado without a single tax increase.  This is a pragmatic solution to a significant issue.

 

MOTION

 

Commissioner Kefalas moved that the Board of County Commissioners approve Resolution No. 08272019R008, describing a Proposal for the Imposition of a 0.5% County-Wide Sales and Use Tax for the Purposes of Addressing Regional Transportation and Public Facility needs, Referring a Ballot Issue to the 2019 November Election Ballot for Approval of Such Proposal, and Calling an Election.

 

Motion carried 3-0

 

7.         CURRENT FIRE DANGER REPORT AND RECOMMENDATION:

To Inform the Commissioners of the current fire danger, providing a recommendation on implementing or not implementing fire restrictions.

 

Justin Whitesell, Emergency Operations Director and Mike Loberg, Captain, Sheriff’s Department addressed the Board to give an update on the Fire Danger Report. Several items that were mentioned included: Energy releasing components, Planning levels, Drought Monitoring, 7-day Fire outlook and 7-day Weather outlook.

 

Mr. Whitesell spoke about the differences between a fire restriction versus a fire ban. At this point there are no restrictions but if the hot weather and no precipitation continues this will need to be re-visited.

 

8.         COLORADO LIQUOR SALES ROOM LICENSE APPLICATION-OLD TOWN DISTILLING CO.

 

Old Town Distilling Co. has applied for a Sales Room permit. This is a permit that is

approved by the State. However, the local authority does need to conduct a review with the

county attorney for legality and zoning, building, and code compliance for appropriate use. This

review has been conducted with objections from Building and Planning departments. The state

requires the local authority to object or not object, sign the form, and provide a contact phone

number.

 

That the local authority/Chair of the Board of Commissioners object/not object based

on the necessary reviews and sign the form. Regardless of the determination by the local

authority to object/not object, the application is forwarded to the state.

 

Angela Myers, Clerk and Recorder and Kayleigh Ogden, Recording Specialist addressed the Board explaining that Old Town Distilling Company has applied for a state-only sales room permit and that the Board will decide whether to object or not object and that the application has been reviewed by Health and Environment, Code Compliance, Planning department and the Sheriff’s office. Possible violations of building and code compliance were noted by the reviewers.

 

There was some question from the Board to Ms. Myers and Ms. Ogden.

 

MOTION

 

Commissioner Johnson moved that the Board of County Commissioners object to the Colorado Liquor Sales Room License application submitted by the Old Town Distilling Co.

 

Motion carried 3-0

 

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

 

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

 

13         Executive Session:  Commission Kefalas moved that the Board enter into Executive Session for the Discussion of District Court decision in Thompson Group vs Board of County Commissioners and Coulson Excavating, and appeal to Colorado Court of Appeals pursuant to C.R.S.24-6-402(4)(b), conferences with an attorney for the purpose of receiving legal advice on specific legal questions.

 

Motion carried 3-0

 

Motion

 

Commissioner Johnson moved that the decision in District Court Case No. 2018 CV 030371-Thompson Group vs, the Board of County Commissioners and Coulson Excavating be appealed to the Colorado Court of Appeals.

 

Motion carried 2-0, Commissioner Kefalas abstained.

 

 

With there being no further business, the Board adjourned at 10:30 a.m.

 

Wednesday, August 28, 2019

           

                                                LID PUBLIC HEARING

 

The Board of County Commissioner met at 10:00 a.m. Chair Donnelly presided, Commissioner Johnson and Commissioner Kefalas were present. Also present were: Vicky Citrino, Matt Johnson, Mark Peterson. Engineering; and Deirdre O'Neill, Deputy Clerk.

 

Chair Donnelly explained that this is a public hearing to discuss Local Improvement District Number 2019-2, Hillside Drive, Country Club Estates Drainage Improvements.

 

Mr. Peterson and Mr. Johnson went over the overview of the project.

 

Hillside Drive Local Improvement District 2019-2 is in the County Club Estates subdivision south of Country Club Road northeast of Fort Collins. The area consists of five lots.

 

The Probable total cost of the improvements within the proposed district is approximately $55,000 all of which will be addressed against the properties in the proposed district.

 

The current estimated assessment is $11,000 per lot ($2,750 estimated payment per year without interest). The resolution that the Board will consider approving states that the four-year assessment will be payable from 2020-2023.

 

The assessments may be paid in full, interest free on or before September 27, 2019. If a property owner chooses not to pay in full by this date, the assessments may be paid in installments with interest (3.4%) and a collection fee of 1.01% to the County Treasurer. The annual payment will be $2,992.63 with interest for four years.

 

The Construction fund is loaning the LID funds necessary to repair drainage issues.

 

Mr. Johnson explained that lots 1504, 1510 and 1528 have private subdrains which discharges water into the street. Lot 1424 has water seeping from the front yard into the street at several locations. Lot 1520 currently does not have subsurface drainage issues.

 

Mr. Johnson explained that this is solely intended to improve localized drainage issues and it is not a road or pavement project. He spoke about Longview drive storm drainage system is county funded and maintained and Hillside drive would be privately funded through the LID for the 6-inch pipe.

 

Mr. Johnson spoke about potential safety and drainage problems if the LID is not approved.

 

Chair Johnson opened the hearing for public comment: Glen Jensen, Sandra Jensen, Carrie Beauprez, Tim Carrey, Dana McBride, Jenna Allora, all residence of Country Club estates spoke of drainage issues and would like to see something done about this issue. Several of the residence spoke about living on a fixed income and that this would be a burden on their finances. They would like to see if they are other viable options available. Several spoke about their appreciation to the Engineering department for all their efforts and hard work.

 

Chair Donnelly closed public comment.

 

The Commissioners did have some questions for the Engineers on the probability of this solving the drainage issue.

 

The Commissioners spoke about this being a public safety issue and long term/short term needs. They believe that this is the best plausible solution.

 

Motion

 

Commissioner Johnson moved that the Board of County Commissioners approve Resolution number 08282019R001, a Resolution creating the Larimer County Local Improvement District 2019-2 (Hillside Drive), in the County of Larimer, Colorado, ordering the construction, installation, and completion, therein of certain local improvements, together with any necessary incidentals; providing for other details in connection with the district.

 

Motion carried 3-0

 

Motion

 

Commissioner Johnson moved that the Board of County Commissioners approve Resolution 08282019R002, a Resolution approving the cost improvements to be made in the Larimer County Local Improvement District No. 2019-2 (Hillside Drive); Approving and Confirming the Appointment of a portion of said cost to each lot  or tract of land in the district; Assessing a share of said cost against each lot or tract of land in the district; and prescribing the manner for the collection and payment of said assessments.

 

Motion carried 3-0

 

Motion

 

Commissioner Johnson moved that the Board of County Commissioners approve Resolution Number 08282019R003, a Resolution approving a loan from ID Construction fund to Hillside Drive Local Improvement District 2019-2 Fund.

 

Motion carried 3-0

 

With there being no further business, the Board adjourned at 10:55 a.m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

____________________________________                       

TOM DONNELLY

BOARD OF COMMISSIONERS

 

 

 

 

ANGELA MYERS

 

CLERK AND RECORDER

 

 

ATTEST:

 

__________________________________________

Deirdre O’Neill, Deputy Clerk