MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Land use Meeting
The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Community Development. Chair Donnelly presided. Commissioner Johnson and Commissioner Kefalas were present. Also present were: Leslie Ellis, and Matt Lafferty, Community Development; Frank Haug, County Attorney’s Office; Jenn Cram and Devin Traff, Engineering; Lea Schneider, Health Department; Kayleigh Ogden, Office of the Clerk and Recorder; Jeannine Haag, County Attorney; and Elizabeth Carter, Deputy Clerk.
Chair Donnelly opened the hearing with the Pledge of Allegiance.
Mr. Helmick reported to the Board that staff supported the below discussion items and supports moving both items to the Consent Agenda. Chair Donnelly asked the members of the Board and the public if there was an objection to moving the items to the Consent Agenda. There was no objection
1. PRAIRIE RIDGE NATURAL AREA APPEAL, FILE #19-ZONE2503: The applicants are requesting an appeal to Section 8.6.3.C.1 of the Land Use Code to allow the use of a gravel surface in an area proposed for a parking lot, a trailhead, and the associated internal access road. Section 8.6.3.C.1 of the Larimer County Land Use Code states in part that “nonresidential parking areas and associated private local access roads must be paved with asphalt or concrete”.
The subject request is being made by the City of Loveland as part of their Site Plan Review application for a new trailhead and parking lot. The City is proposing to develop and construct a parking lot, a trailhead, and a trail extension at the Prairie Ridge Natural Area along Wilson Ave. The trail extension will connect to the existing Foothills Trail system. The site is owned jointly by the Cities of Loveland (75%) and Fort Collins (25%) and is located west of Wilson Ave. This property connects to the open space and trail network to the west. The applicants have submitted for Site Plan Review and it is currently in the process of being reviewed. The applicants have indicated that the gravel parking lot would blend better with the surrounding landscape of the natural area and would help reduce traffic speed which would have less impact on users and wildlife.
The Development Services Team supports the appeal to the paving requirement with the condition that the access paving is continued for the first 100 feet. The applicants have agreed to pave only the first 100 feet of the proposed access road with asphalt.
Comments have been received from the Larimer County Health and Environment Department and the Larimer County Engineering Department. The Larimer County Engineering Department has indicated that they are in support of this appeal for two reasons: the proposed traffic generation would generally not warrant the need for a hard surface pavement on a technical basis; and based on the County’s previous support of this type of appeal for natural areas and trailheads from the paving requirement.
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 Board of County Commissioners may grant the appeal subject to safeguards and conditions consistent with their findings concerning the following factors. The Board considers 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. Approval of the request will not subvert the purpose of the standard or requirement. The Larimer County Engineering Department has reviewed this application and has indicated that they will support the appeal because the proposed traffic generation would generally not warrant the need for a hard surface pavement on a technical basis and based on our previous support of this type of appeal for natural areas and trailheads from the paving requirement. Traffic generation is considered on a seasonal basis for the Code exemptions for paving but there is no traffic threshold in the Code for paving or not.
B. Approval will not be detrimental to the public health, safety or property values in the neighborhood. Approval of the appeal will not be detrimental to the public health, safety or property values in the neighborhood. The Engineering and Health Department did not have objections based on the technical standards they administer, and no negative impacts on neighboring property values are evident from a Planning Department perspective.
C. Approval of the appeal is the minimum action necessary. Approval of the appeal will not require any other subsequent approvals by the County. This appeal is connected to the Site Plan Review application for the trailhead. Review suggests that a partial approval could be considered. Paving the access and a distance off the road would address many of the potential safety and maintenance issues that could exist if no paving was allowed.
D. Approval of the appeal will not result in increased costs to the general public. There are no additional costs to the public if the appeal is approved.
E. Approval of the appeal is consistent with the intent and purpose of the Code. It is Staff’s assessment that this request meets the intent and purpose of the Land Use Code with the condition of approval that the paved access be lengthened to a minimum of 100 feet from the edge of the right-of-way (ROW).
The Development Services Team finds that the appeal request does not subvert the purpose and intent of the Land Use Code and will not have any adverse or negative impacts to the public. The Development Services Team recommends approval of the Prairie Ridge Natural Area and Trailhead Appeal, File #19-ZONE2503, subject to the following condition:
A. The paved access be the first 100 feet from the edge of ROW.
2. WILSON APPEAL, FILE #19-ZONE2566: This request is an appeal to Section 4.3.10.H.c of the Land Use Code which limits the size of a detached accessory living area to 40% of the square footage of the single-family dwelling, excluding any garage or basement area, whether finished or not, or 800 square feet, whichever is less.
The property is a one-acre parcel located in Lyons, Colorado and is on the east side of E. Hwy 36. The property contains an existing primary single-family residence constructed in 2017 . The existing residence is 2, 505 square feet including a finished walkout basement that is 1,181 square feet . The proposed detached accessory living area is proposed above a new detached garage at 796 square feet. As noted above, the square footage of the detached accessory living area is limited to 40% of the square footage of the single-family dwelling, excluding the basement area. Thus, the detached accessory Living Area is limited to 530 square feet (2,505 – 1,181 = 1,324/40 = 530).
The applicant’s project description indicates that the detached accessory living area will be used by children when they come to visit a few times a year and otherwise will be used as an office and exercise area. The property owners submitted a Public Site Plan application and size appeal. If the size appeal is granted by the Board of County Commissioners, the Public Site Plan can be approved administratively by the Community Development Director. The single-family residence and proposed detached garage with an accessory living area will share an access point onto Estes Park Estates Drive. Adequate parking for the residence and accessory living area are provided within the existing gravel driveway.
The Development Services Team evaluates each request on its own merits but historically has usually supported accessory living areas up to 1,200 square feet in detached buildings.
22.2.3 REVIEW CRITERIA FOR APPEALS TO DEVIATE FROM STANDARDS OR REQUIREMENTS OTHER THAN MINIMUM LOT SIZE
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 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. The purpose of the section is to allow for Accessory living areas that are incidental to the primary use of the property as single-family residential and of an appropriate scale. The size limitation was included to ensure the accessory use remains accessory and to prevent the use from turning into multi-family residential and/or rentals where it is not permitted. The proposed accessory living area at 796 square feet is less than 800 square feet, but greater than 40% of the main floor of the primary residence. As noted above, the total square footage of the existing residence is 2,505 square feet including the basement. If the basement square footage could be included in the allowable square footage of the primary residence, the proposed detached accessory living area would meet both the 40% requirement and still be less than 800 square feet. Given that the accessory living area will not be rented, would not be out of scale for the residence and property, and can meet all other Land Use Code requirements, approval of the appeal would not subvert the purpose of the size standard.
B. Approval of the appeal will not be detrimental to the public health, safety or property values in the neighborhood. Notice of the Public Site Plan application and size appeal were sent to surrounding property owners. The County heard from one neighbor that was concerned about the limited water resources in the area and the addition of another on-site septic system. The Division of Water Resources has noted that the existing well permit can serve the proposed accessory living area with conditions. The Health and Environment Department has also noted that the existing on-site septic system can serve the proposed accessory living area. It is not anticipated that granting the appeal would be detrimental to the public health, safety or property values in the neighborhood.
C. Approval of the appeal is the minimum action necessary. Approval of the appeal is the minimum action necessary to allow for a reasonably sized living area for use as an office, exercise area and occasional sleeping of family and friends.
D. Approval of the appeal will not result in increased costs to the general public. It is not anticipated that the project will result in the need for improvements to public facilities or increased costs to the public.
E. Approval of the appeal is consistent with the intent and purpose of the Code. The intent of the detached accessory living area regulations is to allow guest quarters that are secondary to the principal single-family home on the property and compatible with uses in the surrounding area. While the proposed appeal exceeds 40% of the size of the principal home excluding the finished basement, it is less than 800 square feet and clearly subordinate to the existing primary residence. Therefore, approval of the appeal would be consistent with the intent and purpose of the Code.
The application was referred to a variety of agencies. Comments from the Engineering Department note that Transportation Capital Expansion Fees will be required at the time of building permit. Additionally, the Engineering Department does not anticipate the request will adversely impact the drainage patterns on the site but if drainage is altered, the property owners will have to submit a drainage report for staff review. Comments from the Department of Health and Environment note that water will be provided via an existing well and sewer service requirements via an on-site septic system. The on-site septic system has the capacity to serve the accessory living area. Comments from the Building Department indicate that a building permit will be required, and they note several building code standards that will be applicable. The Addressing Coordinator’s comments indicate that if this Public Site Plan and Appeal is approved, the Accessory Living Area will have an address in Lyons. The Emergency Services Department indicated they have no issue with the Public Site Plan or the Appeal from a wildfire safety perspective.
The Development Services Team finds that the proposed appeal, allowing an Accessory Living Area to be 796 square-feet rather than the maximum 530 square-feet will: not subvert the purpose of the standard or requirement.; not be detrimental to the public health, safety or property values in the neighborhood; not result in increased costs to the general public; and will be consistent with the intent and purpose of the Code
The Development Services Team recommends approval of the Wilson Appeal, File #19-ZONE2566 with the following condition:
A. The Accessory Living Area shall be located as shown on the approved site plan.
The Development Services Team notes that if the proposed appeal is approved, additional conditions will be placed on the Public Site Plan approval including the need for obtaining all applicable permits and an expiration of the Public Site Plan approval.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioner approve items number 1 and 2 of the amended Consent Agenda.
Motion carried 3-0
TUESDAY, SEPTEMBER 10, 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: Brenda Gimeson and Alisha Jeffers, Commissioners’ Office; and Elizabeth Carter, Deputy Clerk.
Chair Donnelly opened the meeting with the Pledge of Allegiance.
1. PUBLIC COMMENT: The following members of the public addressed the Board: Cory Carroll, H.Thomas Hoehn, Deb Bjork, Chris (last name withheld), Nancy York, Marta Turman, and Gayla Martinez.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 2, 2019:
M O T I O N
Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of September 2, 2019.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 16, 2019: Ms. Gimeson reviewed the schedule for the upcoming week with the Board.
4. CONSENT AGENDA:
09102019A001 PROFESSIONAL SERVICES AGREEMENT (P19-27) BY AND BETWEEN LARIMER COUNTY AND CONNELL RESOURCES, INC.
09102019P001 PURCHASING POLICY
09102019R001 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 92 AND 96B OF GLACIER VIEW MEADOWS, 8TH FILING
09102019R002 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 80 AND 81 OF CRYSTAL LAKES 12TH P.U.D. AND UTILITY EASEMENT VACATION
09102019R003 RESOLUTION APPROVING THE WELLINGTON FIRE PROTECTION DISTRICT 2018 INTERNATIONAL FIRE CODE AND AMENDMENTS
MISCELLANEOUS: Statement of Authority- Hazelhurst Conservation Easement and Assignment Closing.
LIQUOR LICENES: Hacienda Real– Hotel and Restaurant – Fort Collins; Charco Broiler– Hotel and Restaurant - Bellvue; Green Events Inc– Special Event 6% - Fort Collins; The Growing Project – 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 published
Motion carried 3-0
5. COMMENTS FROM COMMISSIONERS’ GUESTS: The Commissioner’s did not have any guests.
6 . DISTINGUISHED BUDGET PRESENTATION AWARD: Josh Fudge and Matthew Behunin, Budget Office. Mr. Fudge reported to the Board that Larimer County has received the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA) for the first time. Mr. Fudge noted that GFOA established the Distinguished Budget Presentation Awards Program (Budget Awards Program) in 1984 to encourage and assist state and local governments to prepare budget documents of the very highest quality that reflect both the guidelines established by the National Advisory Council on State and Local Budgeting and the GFOA's best practices on budgeting and then to recognize individual governments that succeed in achieving that goal. Mr. Fudge noted that this award is for the budget document itself. The award focuses on budget narratives which meet several criteria including serving as a policy document, a financial plan, an operations guide and a communication tool to the public to show not just how much the County will collect/spend, but also what results will be achieved.
Ms. Hoffman thanked the Mr. Fudge and Mr. Behunin for their continued hard work on Budget. She especially made note that the Budget Office has continually made incremental changes over the years to the Budget bringing greater transparency and analysis. The Board also thanked Mr. Fudge and Mr. Behunin for all their good work.
8. LETTER TO CURRENT HOUSING AUTHORITY REGARDING LARIMER COUNTY’S HOUSING AUTHORITY DESIGNATION AND CONSIDERATION OF PROCESSES TO PROVIDE SERVICES AND RESOURCES: Heather O’Hayre, Deputy Director of Human Services and Jennifer Fairman, Benefits Manager. Ms. O’Hayre and Ms. Fairman are both staff liaisons for Goal 2 of the Larimer County Strategic Plan. Ms. O’Hayre noted that this letter was requested by the Commissioners at a work session on August 26, 2019 as part of the work on Goal 2 of the Larimer County Strategic Plan. Ms. O’Hayre reported that the draft letter informs the existing housing authorities regarding the Commissioners’ directions to staff to explore processes to formalize the County's housing authority designation and formalizing agreements with external entities to provide services/resources. Ms. O’Hare stated she is before the Board today seeking approval of the draft letter.
Commissioner Kefalas reported that part of Goal 2 of the Strategic Plan is to is to provide affordable housing options for the citizens of Larimer County. In an effort to meet this goal, the County is looking to restore its role as a housing authority. Commissioner Kefalas noted this will especially help to fill some of the gaps in the unincorporated areas in Larimer County regarding the lack of affordable housing.
M O T I O N
Commissioner Kefalas moved that the Board of County Commissioners approve the draft letter to be sent to each housing authority and that the letter be signed by all three Commissioners.
9. RESPONSE LETTER FROM THE BOCC TO THE LARIMER ALLIANCE ON COMMENTS AND LETTER PROVIDED AT THE AUGUST 20,2019 ADMINISTRATIVE MATTERS MEETING: Laurie Kadrich, Community Planning, Infrastructure and Resources. Ms. Kadrich noted that this is a response letter from the Board of County Commissioners to the Larimer Alliance. Ms. Kadrich noted that the letter included responses to comment from the August 20, 219 Administrative Matters meeting and additional question that came up after the meeting.
Specifically, Ms. Kadrich noted that the letter states that the Board is unwilling at this time to suspend applications as the Board feels it is unnecessary. Additionally, the letter notes that the Board has directed staff to include any new criteria issued from the Director of the Colorado Oil and Gas Commissions any time a permit is reviewed/considered. Additionally, Ms. Kadrich reported that the letter addresses the current vacancy on the Oil and Gas Task Force and that the Board will move to fill that post. Lastly, she stated that the letter addresses question around the County’s regulatory authority and access permits. Currently, that authority allows the Engineering staff when there is change in the use of a road to grant access permits. The essence of these permits is focused on traffic safety rather than on the type of business that is being conducted. Ms. Kadrich reported that when she reviewed this with the County Attorney’s Office it was determined that this would not be the appropriate place for a moratorium on any oil and gas activity since it is not land use issue, but more an issue of does it meet certain criteria as it impacts traffic safety.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approval of signature of the Larimer Alliance Letter as updated by Laurie Kadrich’s additional paragraph.
Motion carried 3-0
10. COUNTY MANAGER WORKSESSION: Ms. Volker updated the Board on upcoming projects and activities.
11. COMMISSIONER ACTIVITY REPORTS: The Board detailed their attendance at events during the previous week.
12. DISCUSSION REGARDING THE VACANVY ON THE OIL AND GAS TASK FORCE: Commissioner Kefelas noted that the Board had received from staff a suggestion to fill the vacant seat on the Oil and Gas Task Force. The Board took this chance to note their top picks. Commissioner Kefelas recommended: Dr. Adrian Krause and Dr. Michael Tobin. Commissioner Johnson recommended: Dr. Michael Tobin and Ms. Molly McLaughlin. Commissioner Donnelly recommended: Ms. Molly McLaughlin and Mr. Gregory Clark.
After a brief discussion, the Board sent to staff the following three names to fill the vacancy: Ms. Molly McLaughlin, Dr. Adrian Krause and Mr. Gregory Clark. Ce
13. EXECUTIVE SESSION: The Board went into Executive Session regarding modification to the Estes Park intergovernmental agreement regarding administration of the land use code with the Estes Valley pursuant to C.R.S. 24-6-402(4)(b).
M O T I O N
Commissioner Kefalas moved that the Board of County Commissioner enter Executive Session regarding modification to the Estes Park intergovernmental agreement regarding administration of the land use code with the Estes Valley pursuant to C.R.S. 24-6-402(4)(b) conference with an attorney to receive Legal Advice.
Motion carried 3-0
With there no further business, the Board adjourned at 10:15 am.
FRIDAY SEPTEMBER 13, 2019
The Board of County Commissioners met at 10:30 a.m. with Heather O’Hayre, Deputy Director of Human Services. Chair Donnelly was present. Commissioner Kefalas was present, and Commissioner Johnson was present via teleconference. Also present were Michelle Bird, Public Affairs Manager and Deirdre O’Neill, Deputy Clerk.
Chair Donnelly explained that this is a special meeting to take action on one item, a Grant application to seek funding for the 2020 Census.
Heather O’Hayre, Deputy Director of Human Services explained that she is here as a representative goal steward for strategic planning requesting official Board approval to submit a Department of Local Affairs application to request Census outreach dollars. The application deadline is September 15, 2019. They are requesting $100,000 for several strategies for specific events in Wellington, Fort Collins, Loveland and Estes Park.
Ms. O’Hayre also explained how the Grant funds will be used, including hiring a 1.0 FTE temporary Program Coordinator to ensure coordinated and collaborative outreach activities throughout the region from December 2019 through May 2020.
The Grant outreach censes efforts would be used across Larimer County for: Early Childhood population, Aging population, Latino Population, and Mobile home parks.
Commissioner Kefalas moved that the Board of County Commissioners approve the Department of Local Affairs Census Outreach Grant in the amount of $100,000 to help facilitate outreach strategies within the municipality and within the County at large.
Motion carried 3-0
Adjourned at 10:35 a.m.
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Elizabeth Carter for Land Use and Administrative Matters, Deputy Clerk
Deidre O’Neill for Special Meeting, Deputy Clerk