MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, sEPTEMBER 16, 2019

 

    LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m., with Rob Helmick, Principal Planner. Chair Donnelly presided, and Commissioner Kefalas was present. Commissioner Johnson was excused. Also present were: Lesli Ellis, Community Development Director; Katie Beilby, Kathy Eastley, Tracey Hicks, Community Development; Randy Hunt; Community Development Director, Estes Park; Devin Traff, Engineering; Jeannine Haag, County Attorney; and Deirdre O’Neill, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance. Chair Donnelly 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.         AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING THE “PARK AND RECREATION FACILITIES” USE, REVISING THE DEFINITION, REVISING THE PERMITTED USE TABLES, AND ADDING SPECIFIC USE STANDARDS: This is a request to review and act on a proposed text amendment to the Estes Valley Development Code (EVDC), summarized as follows:

 

            1.         Revise and expand the definition of “Park and Recreation Facility” in Chapter 13, Definitions, Section 13.2, Use Classification/Specific Use Definitions and Examples, by separating the definition into “Public” and Private.”

 

2.         Revise Chapter 4, Zoning Districts, Table 4 – 1, Permitted Uses:  Residential Zoning Districts by adding the revised use, “Park and Recreation Facilities – Public” as a use-by-right in all Residential Zoning Districts (requiring a Location and Extent Review), and adding “Park and Recreation Facilities – Private” as an S2 level, Special Review in all Residential Zoning Districts.

3.         Revise Chapter 4, Zoning Districts, Table 4 – 4, Permitted Uses:  Nonresidential Zoning Districts by adding “Park and Recreation Facilities – Public” and “Park and Recreation Facilities – Private” each as a use-by-right in the A, A-1, CD, CO, and O Nonresidential Zoning Districts.  “Park and Recreation Facilities – Public” would require a Location and Extent Review.

4.         Revise Chapter 5, Use Regulations, Section 5.1, Specific Standards, by adding standards applicable to Public Park and Recreation Facilities and to Private Park and Recreation Facilities

The Estes Valley Planning Commission, at their March 19, 2019 meeting, forwarded a recommendation of approval of the Code Amendment.

The “Park and Recreation Facilities” use is currently listed as a use-by-right in all residential, and all but two of the non-residential zoning districts in the EVDC.  This became a significant issue with a Development Plan application and approval for a “Recreation Facility” use that was allowed as a use-by-right in a RE, Rural Estate zoned area of the Estes Valley.

 

With the concerns and opposition that were raised with that Recreation Facility proposal, the Town of Estes Park Board of Trustees (Town Board) and the Larimer Board of County Commissioners imposed a moratorium on the acceptance and processing of any development applications for Park and Recreation Facilities in residential zoning districts within the Estes Valley Development Code planning area.  The moratorium was first imposed in October 2018, and then repeatedly extended, with the current extension through September 19, 2019.  At the first moratorium, the Boards directed staff to amend the EVDC, to where the “ Park and Recreation Facilities” use would be better clarified and defined, and where potential further issues could be avoided.

 

There were some early efforts to draft a code amendment, which were not seen as viable by the Planning Commission, Town Staff, and/or County Staff.

 

The code amendment based on Chairman Leavitt’s proposal was drafted and taken to the Estes Valley Planning Commission (EVPC). The EVPC, at their March 19, 2019 meeting, voted to forward a recommendation of approval to the Town Board and Board of County Commissioners. That proposal, prohibited Private Park and Recreation Facilities in Residential Zoning Districts. 

 

The code amendment proposed was reviewed by the Town Board at their April 9, 2019 hearing.  At that time, the Board continued the code amendment to May 28, 2019 and directed staff to inventory existing uses in the Estes Valley that may be impacted if the code amendment were approved. 

 

At the May 28th hearing, the Town Board directed staff to revise the code amendment.  The code amendment staff report for May 28 was the same, and which does not allow a “Private” Park and Recreation Facility in a Residential Zoning District, although any existing such use would be allowed to continue under specific conditions through being “grandfathered” per Chapter 6 of the EVDC.  At issue was that a grandfathered use is not able to be altered or extended.

 

On May 28th, the Town Board continued the code amendment hearing to the July 23, 2019 meeting.  In the meantime, a discussion of the Park and Recreation Facilities use was scheduled and took place at the Town Board’s July 9, 2019 Study Session.  There, staff indicated to the Town Board that the code amendment could be revised to allow Park and Recreation Facilities as an S1 level, Special Review use in Residential Zoning Districts.  Estes Valley Planning Commission (EVPC) Chairman Robert Leavitt spoke, offering concerns with that approach.  Discussion among Town Board members indicated interest in drafting further revisions to the code amendment and providing some additional information as well. 

 

With that, the staff report to the Town Board on July 23 contained three different approaches to the code amendment.  The first, is described above.  The second which allowed Private Park and Recreation Facilities in Residential Zoning as S1 Special Review uses.  This proposal did not list specific uses.  The third approach specified and listed certain Private Park and Recreation Facilities in Residential Zoning, allowing those as S2 level, Special Review uses.  For the report to the Town Board on July 23, Planning Commission Chairman Leavitt submitted a document with an overview of information regarding special review uses, nonconforming uses and other related information and recommendations. Note:  an S2 Special Review requires Planning Commission review and recommendation, then Board action.  An S1 Special Review requires Board action only, with no Planning Commission review or recommendation.

 

At the July 23 hearing, the Town Board requested some revisions regarding some of the Private Park and Recreation Facilities uses that were proposed as Special Review uses in Residential Zoning Districts.

 

Those revisions pertained to the use, “Hunting, with appropriate licensing or permitting, and in accordance with other regulations pertaining to hunting activities” and also the use, “Overnight Camping, with Facilities for Ten or Fewer Participants.” These two uses had been included on July 23, as S2 Special Review uses allowed in Residential Zoning Districts.  With direction from Town Board members, those two uses were deleted from the list due to various complications and issues, mostly regarding existing and possibly conflicting Town Ordinances.

 

2.         POUDRE VALLEY RURAL ELECTRIC ASSOCIATION FIBER OPTIC LINE-FLOODPLAIN SPECIAL REVIEW, FILE #19-FLD0018: The Poudre Valley Rural Electric Association (PVREA) is requesting approval of a Floodplain Special Review to allow installation of a fiber optic telecommunication utility line, consisting of overhead installation on existing infrastructure and an underground boring in the Horsetooth Heights Subdivision, located in Northwest ¼, Section 6, Township 6 North, Range 69 West; Northwest ¼, Section 8, Township 6 North, Range 69 West; Northeast ¼, Section 11, Township 6 North, Range 70 West; and Northeast ¼, Section 14, Township 6 North, Range 70 West; all generally within an area between the Trilby Substation to the Masonville Substation.  The proposed project is within the Floodway, Flood Fringe and Flood Hazard Overlay Zoning Districts.

 

Poudre Valley Rural Electric Association (PVREA) desires to install a fiber optic telecommunication utility line, consisting of overhead installation on existing infrastructure and an underground boring in the Horsetooth Heights Subdivision, with a total of four floodplain crossings.

 

Construction will take place within the designated utility easements or under prescriptive rights held by PVREA and is located within areas designated as Floodway, Flood Fringe and Flood Hazard Overlay Zoning Districts and zoned as Industrial, Heavy Industrial, Farming and Open.

 

The Land Use Code requires a recommendation from the Flood Review Board with a final approval from the Board of County Commissioners through a Floodplain Special Review for utilities within the floodplain zoning district.

 

The following review criteria for Flood Plain Special Reviews are found in the Land Use Code under Section 4.2.2.G.6. These criteria were evaluated relative to the 100-year regulatory flood event.

 

A.        The proposal meets all applicable criteria outlined in the General Standards.

           

This proposal adequately meets the applicable criteria outlined in the General Standards.

 

B.         No danger to life and property may reasonably be expected to result from increased flood heights or velocities caused by encroachments upstream or downstream within the floodplain.

 

The application materials show that the project does not cause an increase in flood heights or velocities; therefore, the project is not expected to cause an increased danger to life and property over pre-project conditions.

 

C.         No danger to life or property may reasonably be expected to result from substantial solid debris being carried down the stream by floodwaters.

 

The application materials show that the project will not cause any additional danger to life or property.

 

D.        There is no danger of materials being swept away onto other lands or downstream

to the injury of others in the event of a flood may reasonably be expected.

 

The application materials show that there is no increased danger of materials being swept away onto other lands or downstream to the injury of others in the event of a flood due to the project.

 

E.        Proposed water supply and sanitation systems have been designed to prevent disease, contamination and unsanitary conditions in the event of a flood.

 

Not applicable.

 

F.         The proposed use is consistent with the flood management program for the area in question.

 

The proposed use is consistent with the flood management program.

 

G.        The expected heights, velocity, duration, rate of the rise and sediment transport of floodwater at the proposed location is consistent with the proposed use.

 

These items were adequately addressed in the technical documentation prepared by the applicant’s engineer.  There are no expected changes to the 100-year floodplain or floodwaters between existing and proposed conditions at the proposed project location.

 

H.        Any modification of the terrain within the FW-Floodway Zoning District will not result in a rise in overall flood heights at any location.

 

The application materials state that the pre- and post-project terrain contours and elevations will be matched, thus not resulting in a modification of the terrain nor a rise in overall flood heights at any location. 

 

I.          Any modification of the terrain within the FW-Floodway Zoning District is environmentally sound.

 

The application materials state that the pre- and post-project terrain contours and elevations will be matched, thus not resulting in a modification of the terrain.  Environmental impacts as a result of the project will be minimal.

 

J.          Any modification of the terrain within the FW-Floodway Zoning District will not result in reduced stability of the river channel or floodplain.

 

The application materials show that there will not be a reduction in stability of the river channel or floodplain due to the project.

 

The Flood Review Board met on August 22, 2019, to review the report and associated materials prepared by Ayres Associates and Ecosphere Environmental Services.  A motion was approved at the August 22, 2019, meeting for a favorable recommendation to the Board of County Commissioners for the approval of the Floodplain Special Review with no conditions.

 

The Larimer County Engineering Department recommends approval of the Poudre Valley Rural Electric Association Fiber Optic Line - Floodplain Special Review. 

 

3.         HIAWATHA HEIGHTS, BLOCK 12, LOT 17 AND AMENDED LOT 1-LOT CONSOLIDATION, FILE #19-LAND3919: This is a request to combine the area of Lots 7 and amended Lot 1 to create a .78-acre lot in Hiawatha Heights, Block 12.

 

The Larimer County Land Use Code 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.

 

            Staff Response: The intent is to consolidate the area of the two lots; therefore, no new 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.

            Staff Response: The O – Open Zone District requires a minimum lot size of 10-acres; however, the subdivision was platted in 1925 so the lots are non-conforming with regard to minimum lot size.  The consolidation of two parcels will decrease the amount of non-conformity.

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

            Staff Response:  There is an existing home on amended Lot 1.  The application will not create a nonconforming setback for existing buildings on the property.

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.

                  Staff Response: The lot will not be divided by a municipal or county boundary line, road, alley, or another lot.

E.        The lot consolidation will not adversely affect access, drainage or utility easements or rights-of-way serving the property or other properties in the area; and

            Staff Response: There will be no adverse impact to access, drainage or utility easements or rights-of-way. 

F.          A ny 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.

 

            Staff Response: A condition of approval is recommended that states that any existing covenant, deed restriction or other conditions of approval that apply to the original lots also applies to the consolidated lots.

 

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

 

1.         All conditions of approval shall be met, and the final resolution recorded by February 16, 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.

 

4.         BOXELDER HEIGHTS RLUP, LOT 3 BUILDING ENVELOPE AMENDMENT, FILE #19-LAND3915: This is a request to amend the building envelope on Lot 3 of the Boxelder Heights RLUP for the purposes of constructing an accessory outbuilding.

 

The owners of Lot 3 seek to amend the platted building envelope to allow for construction of a detached garage in the northeast corner of the building envelope.  The size of the building envelope has been slightly decreased to 29,394-square feet from the original size of 29,446-square feet.

 

The Boxelder RLUP is a Rural Land Use Plan that was approved in 2005, creating 27 lots including Outlots and Residual Lots.  Building envelopes were created for each if the lots.  An Outlot is located to the north of Lot 3, therefore there does not appear to be any adverse impact to adjacent lots. 

 

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 Response: No additional lots are created by this proposed amendment as the sole request is to amend the building envelope on Lot 3 of the Boxelder Heights RLUP.

 

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 Response: The property lines are not proposed to change with the amended plat, only the existing building envelope on Lot 3 is proposed to change. Therefore, criteria B will not apply to this proposal.

           

C.         The amended plat will not create a nonconforming setback for any existing building;

 

Staff Response: The existing single-family home setbacks will not be affected by the proposed building envelope change.

 

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.

 

Staff Response: The resultant lot meets the requirements of subsection 8.14.1.I. The lot is not 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; and

 

Staff Response: The proposed amended building envelope does 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 Development Services Team recommends Approval of the Building Envelope Amendment for Lot 3 of the Boxelder Heights RLUP, File Number 19-LAND3915 and authorization for the chairman to sign the Findings and Resolution:

 

1.         All conditions of approval shall be met, and the Findings and Resolution recorded by February 16, 2020 or this approval shall be null and void.

 

2.         Lot 3 shall remain subject to any and all covenants, deed restrictions, or other conditions that apply to the original lot.

 

5.         1337 W. VINE MINOR LAND DIVISON, FILE #19-LAND 3907: This is a request to create two lots around existing dwelling units and to create a third lot that will be undevelopable.

 

The applicant requests a Minor Land Division (MLD) to create two separate lots for existing residences on the property, as well as to create a third lot that will be subject to the standard MLD restriction regarding further development on the site.  The resultant lots will be Lot 1, a .501 acre site that has an existing 572-square foot home that was constructed in 1929, as shown above in Figure 3; Lot 2 will be a 1.495-acre lot with a 1,544-square foot home constructed in 1909, as shown above in Figure 4; and Lot 3 will be 1.526-acres of undevelopable land subject to further County review.

 

The property is located at the southeast intersection of W. Vine Drive and Lyons Street and is currently accessed by two driveways on W. Vine Drive.  The driveway for Lot 1 is proposed to be relocated to Lyons Street to meet County Engineering requirements and the driveway for Lot 2 will remain in its current location of W. Vine Drive. 

 

The property is served with public water and sanitation provided by the City of Fort Collins, and Poudre Fire District provides fire protection services to the site.

 

This property is zoned FA – Farming which requires a minimum lot size of .5-acres when the site is served by public water and public sanitation, as is the current case.  Located within the Growth Management Area (GMA) for the City of Fort Collins, the site has contiguity with the city boundaries however there is no annexation requirement associated with the MLD process.  An Annexation Agreement has been completed by the Applicant, consenting to annexation pursuant to the terms of the Intergovernmental Agreement between Larimer County and the City of Fort Collins.

 

The Board of County Commissioners can vote to separate existing legal uses from each other as an MLD under the provisions of Section 5.4.2 of the County Code.  The Board has the final approval authority for the MLD based on the review criteria found in Section 5.4.  Staff provides the following criteria and review comments:

 

A.        The property is not part of an approved or recorded Subdivision plat.

 

Staff Response: The property is not part of an approved or recorded Subdivision plat.

 

B.         The property is not part of an Exemption or Minor Residential Development approved under the previous Subdivision Resolution or a Minor Land Division. 

 

Staff Response: The property is not part of an Exemption or Minor Residential Development.

 

C.         The newly created parcels will meet the minimum lot size required by the applicable zoning district. 

 

Staff Response: The FA – Farming zone district requires a minimum lot size of .5-acres when the sites are served by both public water and sanitation.  The City of Fort Collins provides water and sewer service to the site and the proposed lots meet the minimum lot size.

 

D.        The newly created parcels meet minimum access standards required by the County Engineer. 

 

Staff Response: The Larimer County Engineering Department has recommended, and the applicant has responded to the requirement for dedication of additional right-of-way for W. Vine Drive.  Engineering also recommended relocation of the driveway for proposed Lot 1 to meet requirements, and the applicant has responded by amending the plat to graphically show the relocation of the driveway for Lot 1 from Lyons Street.  All issues have been addressed.

 

E.        Approval of the Minor Land Division will not result in impacts greater than those of existing uses.  However, impacts from increased traffic to a public use may be offset by the public benefit derived from such use. 

 

Staff Response: The proposed Minor Land Division will not create a greater impact than the existing parcel.  No additional building lots are being created with this plat.

 

The Development Services Team recommends Approval of the MLD for 1337 W. Vine MLD, File Number 19-LAND3907 subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met, and the plat is presented for signature.

 

1.         All conditions of approval shall be met, and the Findings and Resolution recorded by February 12, 2020 or this approval shall be null and void.

 

2.         Development of Lot 3 must be approved through the appropriate Larimer County Subdivision, Conservation Development, or Planned Development process.  A note indicating this requirement must be added to the plat.

 

MOTION

            `

Commissioner Kefalas moved that the Board of County Commissioners approve the consent agenda for September 16, 2019.        

 

Motion carried 2-0

 

PUBLIC HEARING DISCUSSION ITEMS:

 

6.         MILLER FAMILY CELEBRATION SPECIL EVENT: This is a request to host a family celebration between extended family and friends on Saturday, October 11, 2019.

 

The applicants are applying for the event, Miller Family Celebration, proposed to take place on Saturday, October 11, 2019 and originally scheduled from 9 a.m. through 11:59 p.m., but the applicant has informed us that the hours will be scaled back to a four-hour event that will end by 10 p.m. The original proposal for the event noted an estimated 250 participants, but that attendance has also been reduced to an estimate of 100 participants. The event will involve a family ceremonial event, food, alcohol, and games.

 

Staff is referring this application to the Commissioners for the decision because the county received

comments from nine neighbors noting concerns about the quantity of events on the property and use of the barn, late hours and noise, lighting, traffic, trespassing on adjacent properties, safety, and other

concerns.

 

The Land Use Code, Section 7.5 sets forth the Review Criteria for a Special Event. To approve a Special Events permit, the County Commissioners must consider the following review criteria and find that each criterion has been met or determined to be inapplicable:

 

A.        The applicant has demonstrated that the special event can be compatible with existing and

allowed uses in the surrounding area.

 

The applicant is aware of concerns about potential impacts on neighboring properties and

has agreed to reduce the size and hours of the event to be more compatible.

 

B.         The applicant has demonstrated that the special event complies with all applicable requirements of this code.

 

The applicant has agreed to comply with applicable requirements of the code as noted in

the development review team’s comments.

 

C.         The applicant has demonstrated that the special event will result in no substantial adverse impact on other properties in the vicinity, including environmentally sensitive areas or features or other

lands.

 

By scaling back the event, the applicant has demonstrated that it will result in no substantial impact on other properties or lands or environmentally sensitive areas or features.

 

D.        The applicant has demonstrated that the special event has addressed the recommendations of the referral agencies.

 

The original application (for 250 participants) was referred to a variety of agencies, and comments were received from the following agencies reflecting that application. The applicant verbally responded that he intends to comply with the intent of the agency comments but based on the new plans for a smaller event.

 

Building: This application is approved by Building subject to the following conditions:

 

Approval is conditional on all events happening outside the barn which was illegally converted without planning approval or building permit to an events center. The barn lacks basic required safety features for weddings and similar events like fire sprinklers, proper exits, illuminated exit signage, health dept. approval, state electrical and fire dept. approval, etc. If applicant is worried about needing to go inside due to potential bad weather, they need to find a legal, safe, permitted events center venue. If they want to put up a tent over 400 sq. ft., they need a permit from Wellington Fire.

 

Health Department. Health Dept is reviewing this as a Special Event. It is understood that this location has inquired about becoming a community hall with the Planning Dept and may

apply for three Special Event permits for 2019.

 

1. The site is served by a septic system that is not approved for 250 guests. Portable restrooms are required. For 250 people for 19 hours with alcohol, 8-10 portable restrooms shall be provided.

 

2. A minimum of 2 handwashing stations shall be provided. Handwashing stations may be rented from the company providing the portable restrooms, or may consist of a water dispensing container (blue camping containers) with a catch bucket, soap and

paper towels.

 

3. Trash receptacles shall be provided at the restrooms and throughout the site. It is not known if single service items will be used for food and beverage service, but recycling containers are also recommended if appropriate.

 

4. Potable water shall be made available to event guests by drinking fountains, commercial bottled water, or from water dispensing containers. Drinking water must come from an approved treated water supply. If the barn is supplied by Northern Colorado Water, this would be sufficient to fill beverage dispensers with.

 

5. The application indicates that food served will be packaged, but the project description indicates that food will be provided by family and friends such as a potluck. The Health Department does not regulate food service at 'potlucks'. We would recommend that friends and family follow safe food handling practices for handwashing, temperature control for hot and cold foods, cooking temperatures, etc. For safe food handling information, you could refer to the Health Department

 

6. The description indicated that music will be part of the celebration. In the case of this property, there are two adjacent residences that could be impacted by noise, even if decibels are controlled in accordance with the County Noise Ordinance. It is in the applicant's best interest to contact the adjacent property owners and let them know about the event. It is also recommended that the applicant provide phone numbers for neighbors to call if there are concerns so the applicant can remedy the situation. In addition to music noise, be advised that a large outdoor crowd can create noise issues as the evening proceeds with elevated voices and celebration enhanced with alcohol consumption.

 

7. The county does not have set hours for noise, just decibel limits for specific times. The noise limits at the property lines shall be below 55 decibels during the day between 7am to 7pm. At night, noise must remain below 50 decibels at the property line from 7pm to 7am. In a quiet area such as this, the music will be heard everywhere even when decibels are maintained at property lines. It is recommended that only acoustic, non-amplified music be used, and volumes decreased after 8pm. Since the event occurs after hours on a weekend, the Sheriff would respond to noise disturbances from a party.

 

8. Since the event occurs during dusk hours, the Health Dept recommends pest control

for mosquitoes as we have West Nile positive mosquitoes in the County. The applicant could treat the property prior to the event, or provide mosquito repellent, or inform guests to protect themselves.

 

The property is zoned O-Open, County Road 60 is classified as a minor collector, as such all temporary structures should be located a minimum of 70 feet from the right-of-way centerline of CR 60 and 25-feet from all other property lines.

 

 

E.        The applicant has demonstrated that the special event will comply with the applicable performance standards as set forth in Section 7.7 of the Land Use Code.

 

Special events may be required by the community development director to comply with some or all of the following conditions, except for subsections D, I and J, which may only be waived

with the approval of the Larimer County Health Department, the fire district or the Larimer

County Sheriff respectively. Which requirements apply to a specific event will be determined

based on the location and type of event, and after consultation with the county sheriff, department of health and environment, applicable fire authority and any other county or noncounty department, agency or official whose consideration the community development director deems essential to a full and complete assessment. All applicable requirements shall be specified in the conditions of the permit, if approved:

 

a) An adequate and safe supply of potable water meeting requirements set forth by the Colorado Department of Health or county department of health and environment shall be provided.

 

The applicant has not provided information regarding potable water in the application.

 

b) Separate enclosed toilets for males and females, meeting all state and local specifications, as determined by the county department of health and environment, conveniently located throughout the grounds, sufficient to provide healthful facilities, for the maximum number of persons allowed at any single time, to attend the special event shall be provided.

 

The applicant has not provided information about the port a pottys.

 

c) A sanitary method of disposing of solid or liquid waste, in compliance with state and local laws and regulations, sufficient to dispose of the solid waste production of the maximum number of persons allowed at any single time to attend the special event.

 

The applicant has not provided information about solid or liquid waste in the application.

 

d) As determined by the county department of health and environment, the following

may be required:

 

1. Two certified emergency medical technicians and one emergency ambulance provided for special events with 500 persons. One additional certified medical technician provided for every additional 500 persons. An enclosed structure where treatment may be rendered shall also be provided.

 

2. A licensed practical nurse or registered nurse, licensed to practice in the state, provided for special events with 1,000 persons. One additional nurse provided for every additional 1,000 persons.

 

3. A vector control plan indicating how insects, rodents, and other vermin will be controlled by proper sanitary practices, extermination or other safe and effective control methods. Where necessary, a plan to control animal ectoparasites, and other disease transmitting, and nuisance insects must be provided.

 

e) If the special event is to occur during hours of darkness, illumination sufficient to light the area of attention (stage, actors, band, etc.) be provided at the rate of at least five foot-candles. Such illumination shall not be allowed to shine or reflect unreasonably beyond the boundaries of the location of the special event.

 

The applicant has not shown information about lighting in the application.

 

f) A parking area sufficient to provide parking space for the maximum number of persons allowed at any single time to attend the special event. In addition, there shall be a traffic circulation system sufficient to allow safe and efficient traffic and pedestrian circulation for the maximum number of persons allowed at any single time to attend the special event. The flow of traffic on roads shall not be blocked or hindered, and no cars, buses or bicycles shall be allowed to park along the side of or in any public road right-of-way, without prior written approval of the county engineering department.

 

The applicant has not noted parking on a site plan.

 

g) Adequate facilities for communication with hospital, police and fire services shall be provided and based in the medical station.

 

As a part of the application process, emergency services are notified and have approved the application.

 

h) If the assembly is to continue overnight, camping facilities in compliance with all state and local requirements must be provided.

 

i) Security, which, as determined by the county sheriff, is adequate to control any disturbances, which might occur at the special event. An adequate plan of peer group control may be used if approved by the Larimer County Sheriff.

 

j) Applicant must provide evidence that the applicable fire protection district has been notified about the special event. Applicant shall comply with all requirements of the fire protection district.

 

The Wellington Fire District has been notified of this event through the Larimer County Special Event permitting process and has denied the event pending a pre-inspection.

 

k) Applicant assurance that sounds from the special event do not carry unreasonably beyond the boundaries of the location of the special event. Sound created by the special event, which exceeds any limitations set by the Larimer County Noise Ordinance, shall be presumed to be unreasonable.

 

The applicant has not shown information about noise in the application.

 

l) Applicant must provide for appropriate dust mitigation.

 

m) If electrical systems are not self-supporting, electrical systems installation and maintenance must comply with minimum county and state electrical standards.

 

n) Management of food service shall conform to the requirements of the county department of health and environment.

 

The event will have food provided by members of the family.

 

o) Guarantees to cover the cost of any required grading, site restoration, dismantling and removal of structures, and cleanup following the special event may be required Staff has not requested this.

 

p) Structures and facilities shall be designed and located on the site and the site shall be maintained so as to ensure:

 

The applicant has not shown information about this in the application.

 

q) Exotic animals.

 

r) A description of the surface material of the parking area and a method-plan for handling traffic in conformance with the Manual on Uniform Traffic Control Devices and the Colorado Supplement.

 

The applicant has not shown information about this in the application.

 

s) Insurance in an amount determined to be adequate and reasonable in light of the risks and hazards relating to the special event. Applicant may also be required to purchase search and rescue (SAR) cards for some or all persons participating in the

special event.

 

The applicant needs to supply insurance.

 

The Development Services Team recommends that if the Board of County Commissioners

approve the Miller Family Celebration event on October 11, 2019 (Application #5637), the following conditions be applied:

 

1. Event shall meet all performance standards set forth in Section 7.7 of the Land Use Code,

compliance with Section 7.8 and Section 7.9 regarding clean up and all referral agency

comments.

 

2. Event shall take place outside the barn and any other unpermitted structures on the property.

 

3. Event sponsor must have a tent with approval from the Wellington Fire District if the tent is larger than 400 square feet.

 

4. Event sponsor must provide three (3) portable toilets, a handwashing station, and portable

water, and mosquito repellant, as specified by the health department.

 

5. Event must end by 10 p.m.

 

6. No amplification of music shall take place as part of the event.

 

7. Applicant shall provide certificate of insurance as specified by Risk Management before the event.

 

8. Event shall have designated parking on site and no parking along CR 60.

 

Lesli Ellis, Community Development Director presented the Board with an overview of the request for the Miller Family Special Event for October 11, 2019.

 

Ms. Ellis explained that the owner of the property is Strategic Management and the applicant is McCallister Miller. The property is located on East Colorado Road 60 in Wellington, Colorado.

 

Ms. Ellis explained that there have been changes since the submission of the application. It is now smaller than originally planned and the hours have changed from ending at midnight to 10 p.m.

 

Ms. Ellis presented a PowerPoint presentation showing an overview of the 16-acre site and explained they have received several e-mails opposing this request.

 

Commissioner Kefalas did mention that the Wellington Fire Department has recommended denial for the request.

 

Ms. Ellis did let the Board know that the applicant is working with the Wellington Fire Department.

 

Chair Donnelly invited the applicant to speak.

 

The applicant is not in attendance.

 

Chair Donnelly opened the hearing for public comment.

 

The following people spoke in opposition: Martin Gerloch, Janet Miller, Ernie Mcwiddy, Jennifer Backers, Joanne Boen, Joe Backers and Theresa Catarazado. Their concerns are traffic, noise, alcohol, rowdy crowds, and fast driving.

 

Chair Donnelly closed public comment.

 

There were several comments from the Commissioners about these types of events can tear neighborhoods apart especially when they are operating under the radar for some time and the fact that the applicant is not in attendance, they will be denying this request

 

MOTION

Commissioner Kefalas moved that the Board of County Commissioners deny the special event, Miller Family Celebration, #5637.

 

Motion carried 2-0.

 

With there being no further business, the Board adjourned at 3:40 p.m.

 

 

TUESDAY, September 17, 2019

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m., with Lorenda Volker, Assistant County Manager. Chair Donnelly presided, Commissioner Johnson and Commissioner Kefalas were present. Also present were Brenda Gimeson and Alisha Jeffers, Commissioners Office; Michelle Bird, Public Affairs Manager; Kayleigh Ogden, Recording Office; and Deirdre O’Neill, Deputy Clerk.

 

Chair Donnelly opened the meeting with the Pledge of Allegiance.

 

1.          PUBLIC COMMENT :  Randy Poke, Talia Lang, Tom Rhodes and Debbie York addressed the Board.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 9, 2019:

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of September 9, 2019.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 23, 2019:   Ms. Gimeson reviewed the upcoming schedule with the BOCC.

 

4.         CONSENT AGENDA:  

 

09172019A001             INTERGOVERNMENTAL AGREEMENT FOR THE ASSESSMENT, COLLECTION AND REMITTANCE OF EMERGENCY SERVICES IMPACT FEES BY AND BETWEEN LARIMER COUNTY AND WELLINGTON FIRE PROTECTION

 

09172019A002             MUTUAL RELEASE AND SETTLEMENT AGREEMENT BY AND BETWEEN LARIMER COUNTY AND HILDEBRAND.

           

09172019A003             PROFESSIONAL SERVICES AGREEMENT (P19-21) BY AND BETWEEN LARIMER COUNTY AND EPHEMERIS LLC, D/B/A CLAY POT CREATIVE.

 

09172019A004             PROFESSIONAL SERVICES AGREEMENT (B19-14) BY AND BETWEEN LARIMER COUNTY AND CUSTOM SERVICES OF COLORADO .

 

09172019D001             DEED OF DEDICATION FOR RIGHT OF WAY PURPOSES FROM M. STEPHEN MCMILLAN AND KATHLEEN S MCMILLAN (OWNERS) TO LARIMER COUNTY.

 

09172019D002            QUIT CLAIM DEED – MCMILLAN .

 

09172019D003             DEED OF DEDICATION FOR RAMONA HEIGHTS LOT 6, BLOCK 4.

 

09172019P001             UPDATE TO HUMAN RESOURCES POLICY 331.7.03D - WORKFORCE RESTRUCTURING: REORGANIZATION, REDUCTION IN HOURS, FURLOUGH, LAYOFF AND JOB CHANGES

 

09172019R001             FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 76 AND 77 IN THE LAKE SHORE GARDENS

           

MISCELLANEOUS: Public Trustee 2nd Quarter Report 2019; Recommended Appointment to the Red Feather Lakes Library Board; Board Of County Commissioners' Response To USDA Food And Nutrition Service's Request For Comments On The Proposed Rule Entitled "Revision Of Categorical Eligibility In The Supplemental Nutrition Assistance Program; Statement Of Authority; Tenant's Estoppel Certificate; Recommended Mid-Term Appointment To The Larimer County Interagency Oversight Group; Recommended Reappointment To The Larimer County Interagency Oversight Group.

 

LIQUOR LICENSES: Columbine Lodge Liquors – Fermented Malt Beverage Off Premises – Bellvue; North Shore RV & Store – Fermented Malt Beverage Off Premises – Loveland; Pot Belly Restaurant & Lounge – Tavern – Red Feather Lakes; Schrader Country Store #440 – Fermented Malt Beverage Off Premises – Fort Collins.

 

  M O T I O N

 

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

 

Motion carried 3-0.   

 

5.         COMMISSIONERS GUESTS: Chair Donnelly invited Sheriff Justin Smith to address the Board on the McNay fire.

 

Sheriff Smith explained this is a fast-moving fire effecting approximately 500 acres that initially started as a vehicle fire and spread to surrounding vegetation. The Glacier View Fire Department initially responded and quickly called in for additional resources.

 

Sheriff Smith explained they did use heavy air tankers and as of yesterday the fire in approximately 75% contained.

 

Sheriff Smith wanted to thank everyone involved for their extraordinary efforts and that at this time there are no fire restrictions.

 

Sheriff Smith also talked about power outages and that Poudre Valley REA de-energized power lines as a safety precaution and gave credit to the residents for low lying grass and mitigation.

 

The Commissioners each spoke about their gratitude to all the agencies involved.

 

6.         PROCLAMATION DECLARING SEPTEMBER 17-23, 2019 CONSTITUTION WEEK: The Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law. September 17, 2019 marks the two-hundred, thirty-second anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention. It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate it. Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17-23, 2019 as Constitution Week.

 

Chair Donnelly spoke about the importance of individual freedoms and that the Constitution, more than any other document, places the power of the government into the hands of the people.

 

Susan Harmon, Regent of the Overland Trail Chapter of the National Society of the Daughters of the American Revolution addressed the Board explaining the history of the Daughters of the American Revolution and that they promote historic preservation, education, and patriotism and that we celebrate the Constitution for all the men and women who have valiantly fought for this great country.

 

Commissioner Kefalas read the Proclamation declaring September 17-September 23, 2019 Constitution Week.

 

Commissioner Johnson gave an overview of the history of the U.S. Constitution and the protections it provides.

 

MOTION

 

Commissioner Kefalas moved that the Board of County Commissioners proclaim September 17-23, 2019 Constitution Week.

 

Motion carried 3-0

 

7.         JAIL IMPROVEMENT PROJECT - 2019 CERTIFICATES OF PARTICIPATION: The current jail was built in 1983 and has been expanded several times to keep up with population growth and the changing complexity of the criminal justice system. The present facility is deteriorating and overcrowded. Conditions of confinement do not meet modern standards.

 

The Board approved a “Resolution to Proceed” on July 16, 2019. The Resolution authorized the development of a Financing Program for improvements to the Jail. The resolution anticipated creating a lease transaction and the issuance of Certificates of Participation (COPs).

 

Proposal: In accordance with this resolution, the County will issue COPs with the following not to-exceed parameters: · Principal amount: $75,000,000 · Annual payments: $6,800,000 · Net interest rate: 4% · Final term of the lease: December 31, 2034

 

The final terms for the certificates will be determined on the sale date, which is currently scheduled for October 22, 2019. Due to current market conditions, it is anticipated that the final terms will be more favorable than those listed above. If the above parameters cannot be met, new authorization will be required from the Board.

 

After the sale date, when the exact terms are known, the Chair of the Board and other County staff will sign the lease and other documents relating to the transaction. This resolution preapproves these documents.

 

Carol Block, Finance Director and Jason Simmons explained that they are seeking Board approval for Certificates of Participation for the Jail Improvement Project.

 

Commissioner Kefalas asked if it can be payed back sooner than the 15-year allotted time.

 

Ms. Block let the Commissioners know that it can be payed back sooner without penalty.     

 

Commissioner Johnson wanted to thank Ms. Block as well as Josh Fudge, Linda Hoffman and Ken Cooper for all their hard work and sticking to their budget and that they do an excellent job of understanding the pros and cons of certificates of participation.

 

MOTION

 

Commissioner Johnson moved that the Board of County Commissioners approve Resolution #09172019R002 Authorizing and Approving a lease Purchase Agreement for the Larimer County Jail Improvement Project to be undertaken by the County and, in connection therewith, a site lease, Indenture of Trust, an Official Statement and Related Documents and Transactions.

 

Motion carried 3-0

 

8.         APPOINT REPRESENTATIVE TO COLORADO COUNTIES INC. (CCI) 2019 LEGISLATIVE COMMITTEE: Appoint a member of the Board of County Commissioners to represent Larimer County on the Colorado Counties Inc. (CCI) 2019 Legislative Committee.

 

According to CCI’s Bylaws, the Legislative Committee was formed to develop a proposed policy statement for consideration by the full membership and to develop and adopt priorities for CCI’s legislative agenda. There are 60 CCI member counties of the Legislative Committee.

 

Michelle Bird, Public Affairs Manager explained that the Board needs to appoint a representative to attend the Colorado Counties Inc 2019 legislative committee.

 

Ms. Bird explained that approximately 50 issues are submitted and 10 are places on the agenda for the October 11, 2019 meeting

 

Ms. Bird went over the Commissioners availability.

 

MOTION

 

Commissioner Kefalas moved that the Board of County Commissioners appoint Commissioner Steve Johnson to attend the Colorado Counties, Inc. 2019 Legislative Committee meeting on October 11, 2019 as Larimer County’s representative.

 

Motion carried 3-0

 

9.          COUNTY MANAGER WORKSESSION:  Ms. Volker invited Matt Lafferty, Principal Planner, to talk about the vacancy needing to be filled on the Oil and Gas task force. He explained that the Board needs to appoint one member, and this will be part of the agenda on September 24, 2019 Administrative Matters meeting. The Board will nominate Dr. Adrian Krause.

 

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

 

11 .        EXECUTIVE SESSION:  Commissioner Johnson  moved that the Board entered Executive Session to discuss The County Summit, Ohio , et al v. Poudre Pharma et al, Case No. 18-op-45090 (Opioid Litigation) pursuant to C.R.S. 24-6-402(4) (b)Evangelical Church vs. Estes Valley Board of Adjustment and the general procedures for 1041 Intergovernmental Agreements, 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 and C.R.S. 24-6-402(4)e.

 

Motion Carried 3-0

 

With there being no further business, the Board adjourned at 10:20 a.m.

 

 

 

                                                ABATEMENT HEARING

 

The Board County Commissioners met at 2:30 p.m. Chair Donnelly presided, and Commissioner Kefalas was present. Commissioner Johnson was excused. Also present were: Bobby Dorris and Scott Schreiner, Assessors Office; Kayleigh Ogden, Recording Office; and Deirdre O’Neill, Deputy Clerk.

 

This Abatement hearing is for Gerald and Susan Torgersen requesting a refund of taxes for 2018.

 

The Torgersen’s live at 6911 Winterpeak Court in Timnath Colorado and are asking for an assessed value of $750,000.

 

Scott Schreiner, Assessor went over a brief presentation for the Commissioners explaining how they came to their assessed value of $963,000.

 

Mr. Schreiner went over such information as lot size, walk out basement that is 75% finished, and overlooks two bodies of water, newer community, 24 months of data, time and market trends, median time adjusted sale, ratings, and the purchase price of the home on April 23, 2014 was $775,552.

 

Mr. Schreiner presented the Board with a packet containing comparable homes within the subdivision as well as a sketch of this property, increases across the county, and he is recommending the Board maintain the value at $963,000.

 

Mr. Torgersen, the property owner, explained his reasons for the requested adjustment. He presented comparable homes within the subdivision, basement is not fully finished, smallest deck on street and that he only purchased a lot not a home at the time of purchase.

 

Mr. Torgersen explained that they are not on the reservoir and explained that a similar home sold for $750,000 in 2017.

 

There was some discussion among the Board and staff.

 

Chair Donnelly removed the Torgersen’s home from the comps and came up with a median value of $872,000.

 

MOTION

 

Commissioner Kefalas moved that the Board of County Commissioner set the value for 6911 Winterpeak Court for the tax year of 2018 to $872,000.

 

Motion carried 2-0.

 

The Board adjourned at 3:00 p.m.

 

 

 

 

 

 

 

 

 

____________________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Deirdre O'Neill, Deputy Clerk