MONDAY SEPTEMBER 23, 2019

 

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: Lesli Ellis, Community Development Director; Jenn Cram, Kathy Eastley, Tracey Hicks, Samantha Mott; Steven Rothwell Engineering; Lea Schneider, Health Department; Kayleigh Ogden, Office of the Clerk and Recorder; Jeannine Haag, County Attorney; and Stephanie Grosskopf, 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.          AMENDED PLAT OF LOTS 162 AND 141 GLACIER VIEW MEADOWS 12th FILING, FILE# 19-LAND3929: The applicant proposes to adjust the lot lines between the two lots to address a setback conflict identified at the time of a foundation inspection for the home permitted on Lot 162. The permit was issued with a 25-foot side yard setback. The property is zoned E-Estate which has 50-foot side yard setbacks. However, the lots within glacier View Meadows 12th filing have a 25-foot side yard setback. The applicants plan is to place a modular home on this lot to replace a home which was permitted in 1983 and burned in the High Park fire in 2012. The plot plan shows the home to be in the same location based on an assumption that it was properly located. That home never had a setback inspection and it was located too close to the lot line. The applicant is the owner of both lots. This Amended Plat will reconfigure lot lines to allow the home on Lot 162 to comply with the 25-foot setback. No issues have been identified in the review with respect to access or utilities. The utility easement vacation is for the common lot line easement that is being moved with this request. The utility easement will be rededicated on the new lot line.

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.

There are no new lots created here. The two lots are being adjusted; there is no change in the number of lots

 

B.   The resultant lots will meet the required minimum lot size of the applicable zoning district and the lot dimension ratio required by subsection 8.14.2.H. If any of the lots are nonconforming with respect to the minimum lot size or the lot dimension ratio, the amended plat must not increase the nonconformity.

The resulting lots are conforming with respect to the minimum lot area for the E-Estate zoning district. The resulting lots will not significantly alter the existing configurations and will continue to meet the required design and ratio standards. Lot 162 was 2.01acres and will now be 2.307 acres Lot 141 was 2.46 acres and will now be 2.181 acres.

 

C.   The Amended Plat will not create a nonconforming setback for any existing building;

There is a single-family residential structure permitted on one of the lots

 

D.   The resultant lots will meet the requirements of subsection 8.14.2.I. Lots cannot be divided by a municipal or county boundary line, road, alley, or another lot.

There are no roads or other boundaries crossing the 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

There is no impact to access utility or other easements or rights of way. A portion of the utility easement on the common line is being vacated and replaced on the new lot line location.

 

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. Any conditions that were a part of the previous approvals will be continued with this amended plat.

The Development Services Team recommends Approval of the AMENDED PLAT OF LOTS 141 and 162 Glacier View Meadows 12th filing and easement vacation file 19-LAND3929, subject to the following condition(s) and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature.

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

2.   Prior to the recordation of the Final Plat, the applicant shall make the technical corrections required by the Larimer County Engineering Department.

Approval of the vacation request will not leave any land adjoining without utility or drainage services.

The Development Services Team recommends Approval of the AMENDED PLAT OF LOTS 141 and 162 Glacier View Meadows 12th filing and easement vacation file 19-LAND3929, subject to the following condition(s) and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:

1.   All conditions of approval shall be met, and the Final Plat recorded by April 15,

2020 or this approval shall be null and void.

2.   Prior to the recordation of the Final Plat, the applicant shall make the technical  

corrections required by the Larimer County Engineering Department.     

2.         BIG ELK MEADOWS BROADBAND TOWER SPECIAL REVIEW, FILE #19-ZONE2540: The subject property is a 260-acre parcel located at 1070 Big Elk Meadows Road in Lyons, CO. The parcel is owned by the Big Elk Meadows Association. The parcel and surrounding area are zoned O-Open. The property is primarily vacant land, but has been developed with a water tank, trash transfer container and shed.

The Big Elk Association is working with xBar7 to improve wireless internet service for the community. The proposal to improve wireless internet service in the area includes the installation of a 30-foot tower with 7-feet of lightning rods at the top. The proposed tower will include two microwave dishes at 2-feet in diameter (3-feet maximum) and antennas mounted on the tower that are 12-inches by 3” (not visible from a distance). The tower will be painted a green and brown camouflage on the lower section consistent with the height of existing trees in the area. The top (approximately 10-feet) will be painted a sky-blue color to blend with the surrounding area. The tower will connect to existing power in the existing shed on the property. A generator will also be provided that will be located in the existing shed. There is no additional equipment proposed related to the proposed tower. No fencing is proposed, as there will be anti-climb panels included on the tower. There is no lighting proposed or required based on the height of the tower. No additional landscaping is proposed, as existing vegetation will be preserved around the tower.

The proposed tower for wireless internet service meets the definition of a Commercial Mobile Radio Service (CMRS) Telecommunications services including cellular telephone, personal communications service (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, wireless internet access and similar services. Per Section 16, CMRS facilities, Table 16.1.2.I.b. new towers are permitted in the O-Open zone district outside of public utility substations and high-tension power line easements through the Special Review process.

Access to the tower will be via Big Elk Meadows Road. The project description indicates that after construction traffic to the tower will be approximately two visits per year. No water or sewage disposal is needed for the proposed use.

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

A.   The proposed use will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood;

Special Review applications are reviewed for consistency with Land Use Code standards and requirements. Compatibility is largely determined by input from surrounding property owners. We received one email in support for the proposed project. In addition, the Big Elk Meadows Association conducted a survey of their membership on the potential installation of a terrestrial wireless internet service (tower). There are 167 voting members in the Association. They received 87 responses, 73 of which directly supported the proposal, 6 conditionally supported the proposal requesting additional details, and 8 opposed the proposal. The Big Elk Meadows Board ultimately supported locating the proposed tower on Association property. The Development Services Team accepted the Association survey and results as meeting the requirement for a neighborhood meeting and believe that based on the results that most of the association/neighborhood supports the proposal. The proposed tower will be surrounded by open space within the Association property. The tower will extend above existing trees in the area approximately 10-feet and will be painted to blend with the trees and sky. The single-family residences located around the Association property will be served by the proposed tower. The tower will also provide service to the Big Elk Meadows Volunteer Fire Department. The tower will improve communication for emergency services in the area. Overall the Development Services Team finds that the proposed tower will be compatible with existing and allowed uses in the surrounding area and in harmony with the neighborhood.

B.   Outside a GMA district, the proposed use is consistent with the County Master Plan. Within a GMA district, the proposed use is consistent with the applicable supplementary regulations to the GMA district, or if none, with the County Master

Plan or County adopted sub-area plan;

 

The subject property is located outside of a Growth Management Area. Because the proposed tower is approvable through the Special Review process it is consistent with the County Master Plan, as the Master Plan generally encourages development in rural areas that complies with the existing zoning and are compatible with surrounding land uses. The Larimer County Master Plan also anticipates the need for adequate infrastructure and utilities to serve the need of the residents of Larimer County.

 

C.   The applicant has demonstrated that this project can and will comply with all applicable requirements of this Code;

Staff has reviewed the application for consistency with the following standards:

 

Section 8 Standards for All Development

 

Section 8.1 Adequate Public Facilities

 

Sub-Section 8.1.1 Sewage Disposal Level of Service Standards:

No sewage disposal is required or needed for the proposed tower.

 

Sub-Section 8.1.2 Domestic Water Level of Service Standards:

No water is required or needed for the proposed tower.

 

Sub-Section 8.1.3 Drainage Level of Service Standards:

 

Since there is an existing road to the property and the proposed construction of the tower will disturb a minimal area, a drainage memo was not required. Engineering has noted that they want building plans to note that the construction of the proposed improvements will be completed in such a way that the existing drainage patterns in the area will not be altered. A condition of approval has been included to address Engineering comments.

 

Sub-Section 8.1.4 Fire Protection & Emergency Medical Level of Service

Standards:

The proposed tower will serve the Big Elk Meadows Volunteer Fire Department. The Big Elk Meadows Volunteer Fire Department has been involved with the proposal and has not expressed any concerns.

 

Sub-Section 8.1.5 Road Capacity and Level of Service Standards:

The proposed access for the tower is off Big Elk Meadows Road which is

classified as a local road. Traffic after construction will be minimal.

 

Section 8.2 Wetland Areas:

There are no wetlands on or adjacent to the property.

 

Section 8.3 Hazard Areas:

The proposed location of the tower is not within a mapped flood zone. The area where the tower is proposed is mapped as having moderate geologic hazards. The proposed location of the tower is not in an area mapped with steep slopes greater than 30%.

 

Section 8.4 Wildlife:

The property has mapped areas for Elk migration corridors and severe winter range. A referral was sent to Colorado Parks and Wildlife, but no response was received. The Development Services Team does not believe the tower will negatively impact Elk in the area as the proposed footprint for the tower is minimal and located near other services such as the water tank and trash transfer container.

 

Section 8.5 Landscaping:

No landscaping is proposed or required, as the tower is setback from the public road a good distance. Furthermore, existing trees will be preserved around the tower base. A condition of approval has been included to require that the minimal area disturbed be revegetated with native grasses to prevent erosion and noxious weeds.

 

Section 8.6 Private Local Access Road and Parking Standards:

One parking space is required and provided off the road near the shed.

 

Section 8.8 Irrigation Facilities:

There are no irrigation ditches on the property or adjacent to the property.

 

Section 8.12 Water Quality Management Standards:

As noted above, the Engineering Department did not require a drainage memo as disturbance will be minimal. Erosion control measures are required. A condition of approval has been included to require that measures be taken to control erosion and sedimentation. After construction all disturbed areas will be repaired to a condition that is equal or better than the existing condition.

 

Section 8.13 Commercial Mineral Deposits:

The property is not located within a mapped area identified with aggregate (sand and gravel) resources. No notification was required for mineral estate owners, as Big Elk Meadows Association is the owner of the property where the tower is proposed and they have provided a signed certification and deeds showing that mineral interests have not been severed as required by State Statute.

 

Section 8.15 Site Lighting:

No lighting is proposed or required for the tower.

 

Section 8.16 Fences:

No fences have been proposed. Anti-climb panels will be installed at the base of the tower instead.

 

Section 16 Standards

 

Section 16.1.2.

 

      B. and C. Preferred CMRS facilities and Location:

Antenna towers are the least preferred facility. The applicant has noted that there were no other feasible alternatives. The existing water tank was not tall enough since it is located behind a hill and there are no power poles in the vicinity. Because the tower will be located within an existing forested area and painted to camouflage it, visual impacts will be minimized.

 

D. Facilities on Residential Properties:

The proposed tower and broadband facilities will not be located on property used for residential purposes (dwellings).

 

E.   Facility at County Special Places, State or Federally Designated Historic Sites: The proposed tower is not located in an area designated as a County Special Place, or State or Federal Historic Site.

 

F.   Radial Spacing:

The tower is not over 40-feet and is not located within 1,000 -feet of another antenna tower capable of supporting CMRS facilities.

 

G.   Temporary CMRS Facilities:

The proposed tower is not intended to be temporary.

 

                        Section 16.1.3.

 

                        A.3. Antenna Tower and Equipment Setbacks

The proposed tower required setbacks for the O-Open zone district and proposed height including the lightning rods.

 

B.3.,4. and 5. Equipment Design

The tower will be painted a combination of colors to blend with the surrounding area. No lighting is required or proposed. No equipment buildings are proposed. The proposed generator will be in the existing shed on the property.

      C.1.,2.3. and 4. Site Design

No new landscaping is proposed or required, as the proposed tower will be located in a forested area. Existing trees will be preserved as much as possible. A condition of approval has been included to note this in addition to revegetating disturbed areas with native grasses. No signage is proposed. The tower will not be manned.

 

D.    Co-location

As noted, the proposed tower is 30-feet with an additional 7-feet of lightning rods, as such co-location is not required (less than 40-feet)

 

E.   Abandonment

The applicant has noted that the tower is too valuable to abandon. A letter noting that the applicant will take responsibility to remove the antenna at their expense and return the site to existing conditions if abandoned is required. A proposed condition of approval has been included to address future abandonment.

                          D.        The proposed use will not result in a substantial adverse impact on

                                      property in the vicinity of the subject property; and    

The proposed tower will not result in a substantial adverse impact on property in the vicinity of the subject property, as it will be sited and painted to have minimal visual impacts. Overall, the location of the tower will improve wireless internet service to the area and improve communication in the event of an emergency.

E.        The recommendations of referral agencies have been considered.

The application was referred to a variety of agencies. The responses received are attached to this report. Proposed conditions of approval address referral agency comments.

F.    The Applicant has demonstrated that this project can meet applicable additional criteria listed in Section 4.3 Use Descriptions.

 

As noted above a new tower is permitted in the O-Open zone district outside of public utility substations and high-tension power line easements through the Special Review process. There are no standards found in Section 4.3 that must be addressed by the applicant.

The Development Services Team recommends approval of the Big Elk Meadows Broadband Tower Special Review, File #19-ZONE2540 subject to the following conditions:

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 property shall be developed consistent with the approved plan and with the information contained in the Big Elk Meadows Broadband Tower Special Review, File #19-ZONE2540 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 Big Elk Meadows Broadband Tower Special Review.

3. Prior to receiving a building permit the applicant will submit a letter noting that they will take responsibility to remove the tower at their expense and return the site to existing conditions if the tower is no longer needed or abandoned.

4. Plans submitted for building permit must note that the construction of the proposed improvements will be completed in such a way that the existing drainage patterns in the area will not be altered.

5. Existing trees will be preserved around the tower base as much as possible. All disturbed area will be revegetated with native grasses to prevent erosion and noxious weeds.

6. Measures will be taken to control erosion and sedimentation. After construction all disturbed areas will be repaired to a condition that is equal or better than the existing condition.

7. Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.

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

9. 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.

10. 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.

11. 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 und

3 .         WARBERG FARM CONSERVATION DEVELOPMETN AMENDMENT TO DEVELOPMENT AGREEMENT, FILE#19-LAND3927: The Warberg Farm Conservation Development, File #04-S2296, was approved by the Board of County Commissioners and recorded on July 5, 2007. The Development Agreement for the project included a requirement for the fire sprinklers. Since the project was approved, fire hydrants have been installed for the development and the requirements for the fire sprinklers is no longer needed.

The current language in the Development Agreement for Fire Protection (section 20)”

The City of Loveland Fire Prevention Bureau will provide service to the site. Individual residential sprinkler systems are required for all new residential uses in this development since an adequate public water system is not available to the site with the signing of this agreement. The sprinklers system design must be included with the building permit application for review and approval at that time.

This request is to amend the Warberg Farm Conservation Development Agreement to remove the requirement for fire sprinklers.

The Warberg Farm Conservation Development is within the Loveland Rural Fire Protection District. The Fire District was sent a referral for this request and has responded that they can support the request if the following comments have been or will be addressed in addition to paying the Fire District review fee:

·   Based on the plan review requirements and documented correspondence, adequate fire flow and hydrant location has been provided. As such, residential sprinklers are not required for any existing home, nor for any homes to be constructed in Phase 2, as long as the following conditions are met:

o   The developer for Phase 2 must confirm that the Little Thompson Water District has approved all improvements for the water main and hydrant on Fox Crossing Place (3 hydrants).

 

o   All second-access roadways to the lots must be maintained as an all-weather surface capable of supporting the weight of a fire vehicle (82,000 pounds). This includes removing any snow and any vegetation that might start to grow on or over these second access roads. Additionally, any gates installed across these roadways must be maintained in an operable condition at all times.

 

·   The developer must contact Chief Carie Dann at the Loveland Fire Rescue Authority Community Safety Division (phone 970-962-2518) to schedule an inspection of any gates installed across the secondary access roadways.

(These comments from the Loveland Rural Fire Protection District have been made conditions of approval for this request.)

An amendment to the Development Agreement must be approved by the Board of County Commissioners as well as fourteen of the property owners based on one voter per lot, including residual lots. The applicant owns ten lots within the development and four other lot owners have singed application forms. If this request is approved, and amendment to the Development Agreement indicating fires sprinklers are not required will have to be signed by fourteen of the lot owners as well as the Board of County Commissioners.

The Development Services Team recommends Approval of the Warberg Farm Conservation Development Amendment to Development Agreement, File #19-LAND3927, subject to the following condition(s):

1.   An Amendment to the Warberg Farm Conservation Development Agreement will need to be signed by fourteen of the lot owners of the development as well as the Board of County Commissioners.

 

2.   The applicant will need to submit Ownership and Encumbrances for the fourteen lots to ensure we have the correct property owner’s approval and signatures on the final Amendment to the Development Agreement.

3.   The developer for Phase 2 must confirm LTWD has approved all improvements for the water main and hydrant on Fox Crossing Place (3 hydrants).

 

4.   All second-access roadways to the lots must be maintained as an all-weather surface capable of supporting the weight of a fire vehicle (82,000 pounds). This includes removing any snow and any vegetation that might start to grow on or over these second access roads.  Additionally, any gates installed across these roadways must be maintained in an operable condition at all times.

 

5.   The developer must contact the Loveland Fire Rescue Authority Community Safety Division to schedule an inspection of any gates installed across the

4.         GLACIER VIEW MEADOWS 4TH PUD, LOT 63 EASEMENT VACATION, FILE #18-LAND3930: The owner of Lot 63 of Glacier View Meadows 4th PUD proposes to vacate a 20-foot utility easement adjacent to and parallel with the right-of-way for Green Mountain Drive. Utility providers have signed off on the Utility Check Sheet, Attachment E. This request is to allow for construction of a single-family home on the site which has numerous encumbrances. A variance application has also been submitted and will be considered by the Board of Adjustment at a Public Hearing on September 24, 2109

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

A.   Approval of the vacation request will not leave any land adjoining the right-of-way without an established public road or private access easement connecting the land with another established public road, or without utility or drainage services; Staff response: This request is to vacate a utility easement, no right-of-way is impacted.

 

B.   The recommendation of referral agencies have been considered; and staff response: Staff Response: The recommendation of referral agencies have been considered and are summarized below. It appears that all outstanding issues identified have been resolved.

 

C.   Any right-of-way that is vacated will be divided equally between the lots on each side, unless it can be demonstrated that all of the right-of-way was originally taken from one parcel. In that case, the right-of-way will be returned to that parcel. Property owners on each side of the right-of-way may agree to divide the vacated right-of-way differently but must sign deeds to transfer ownership after the county commissioners approve the vacation. Staff Response: No right-of-way is requested to be vacated. Staff Response: No right-of-way is requested to be vacated.

Glacier View Meadows Fire Department

Neighbor Comments: Shayleen Snyder provided an email that she has no concerns regarding the plan as long as it does not affect current drainage on her property. The assessor’s records indicate that Ms. Snyder owns 4092 Green Mountain Drive which is immediately adjacent to the Haines site.

The Development Services Team recommends Approval of the requested vacation of the 20-foot utility easement located adjacent to and parallel with the Green Mountain Drive right-of-way on Lot 63, Glacier View Meadows  4th , File Number 19-LAND3930, with the following conditions of approval, and authorize the Chair to sign the Findings and Resolution:

1.   All conditions of approval shall be met, and the final resolution recorded by March 23, 2020 or this approval shall be null and void.

5.         JACKSON HEIGHTS, LOTS 9 AND 10 AMENDED PLAT, FILE #19-LAND3884: The applicants are requesting to amend the final plat for the Jackson Heights Subdivision to adjust the common lot line between Lots 9 and 10 due to planned construction of a fence and adding more site distance to Lot 10 that is not encumbered by the fence. The properties are adjacent to the Larimer and Weld Reservoir Company ditch which has responded to the referral request that no impact is expected to the ditch if the amendment if approved.

The Larimer County Land Use Code (Section 5.7.3) allows for the approval of an amended plat if the following review criteria are met:

A.   No additional lots will be created by the amended plat. Staff Comment: No additional lots will be created by the amended plat; the request is amending the common lot line between Lots 9 and 10.

 

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: Staff Comment: The lot line amendment will not create any nonconforming setback for existing buildings.

 

D.   The resultant lots will meet the requirements of subsection 8.14.1.I. Lots can not be divided by a municipal or county boundary line, road, alley or another lot.

 

E.   The amended plat will not adversely affect access, drainage or utility easements or right-of-way serving the property or other properties in the area: and Staff comment: No improvements are proposed therefore there will be no impact to access, drainage, utilities or rights-of-ways.

 

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. Staff Comment: The plat currently contains a plat note stating that the lots will be subject to existing restrictions, covenants and regulations as set forth in the plat of record.

 

·   Addressing No site addresses will be affected by this amended plat.

 

·   Assessor Ownership issue has been addressed by adding a signature block for Beatrice Elaine Kearl.

 

·   Code Compliance Research of the subject property (or properties) has not been conducted to confirm whether or not all structures on the property have been properly permitted, inspected and/or are being used for the purpose for which they were originally designed.

 

·   Poudre Fire Authority No comment.

 

·   ELCO No comment.

 

·   Larimer and Weld Reservoir Company Kimberly Nelson from the Ditch Company responded that there were no issues.

The Development Services Team recommends Approval of the Amended Plat for Jackson Heights, Lots 9 and 10, File Number 19-LAND3884, subject to the following condition and authorization for the chairman to sign the plat when the plat is presented for signature:

1.   All conditions of approval shall be met, and the Final Plat recorded by March 

23, 2020 or this approval shall be null and void.

M O T I O N

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda for September 23, 2019

Motion carried 3-0

With there no further business, the Board adjourned at 3:05 pm.

 

 

TUESDAY, SEPTEMBER 24, 2019

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m., with Linda Hoffman, County Manager. Chair Donnelly presided, and Commissioner Johnson and Commissioner Kefalas were present. Also present were: Brenda Gimeson, Business Operations Manager, Alisha Jeffers, Commissioners Office, Frank Haug, Assistant County Attorney; Kayleigh Ogden; Recording Office and Stephanie Grosskopf, Deputy Clerk.

 

Chair Donnelly opened the meeting with the Pledge of Allegiance.

 

1.    PUBLIC COMMENT: Chair Donnelly opened the meeting to public comment giving citizens the opportunity to address the Commissioners regarding events and issues pertaining to Larimer County. Some of the citizens in attendance were there to make public comment about the Estes Valley Recreation and Parks district., with regards to a hearing, which is incorrectly noticed as an Executive Sessions. The Estes Valley Recreation and Park District will be an open session discussion about an exclusion to the park and recreation district. Frank Haug, County Attorney addressed the Board of County Commissioners and those who were in attendance to comment publicly. Frank Haug explained that several citizens have applied to be excluded from the district. Those citizens first had to apply pursuant to the statute, to the Board for the District. The citizens applied and the Board for the District denied that petition. The citizens then appealed to the Larimer County Board of Commissioners. Sub section 5B 2, which says, the Board of County Commissioners shall consider the factors in sub section 3. The Board of County Commissioners shall make their decisions based on the record developed at the hearing before the Special District Board. This means this is not a special opportunity to relitigate the matter and introduce new evidence. Therefore, the Board of County Commissioners cannot accept public comment on this matter this morning, because there is the potential to introduce new evidence, which can create the appearance that the Board of County Commissioners took on additional evidence. Ed Behan, Tom Hoehn, Josh Tobey, Gary Haugner, Gregg Leverett and Eric Sutherland address the Board

 

2.    APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 16, 2019:

 

M O T I O N

 

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

 

Motion carried 3-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 30, 2019:  Ms. Gimeson reviewed the upcoming schedule with the Board.

 

4.    CONSENT AGENDA:

 

09242019A001             PROFESSIONAL SERVICES AGREEMENT (P19-17) BY AND BETWEEN LARIMER COUNTY AND TOTAL ADMINISTRATIVE SERVICES CORPORATION (JENNA CIFALA - PURCHASING)

 

09242019A002             AMENDMENT #3 LARIMER COUNTY, COLORADO CORRECTIONAL FACILITIES CONTRACT FOOD SERVICES AGREEMENT LARIMER COUNTY CRIMINAL JUSTICE SERVICES (RE: P16-09 CORRECTIONAL FACILITIES FOOD SERVICES) (JULIE ROHLOFF - ALTERNATIVE SENTENCING)

 

09032019D002            DEED OF DEDICATION FOR RIGHT OF WAY PURPOSES FROM CAROLYN S. GOLDHOST (OWNER) TO LARIMER COUNTY.

 

09242019A003             PROFESSIONAL SERVICES AGREEMENT (P19-23) BY AND BETWEEN LARIMER COUNTY AND HAGEMAN EARTH CYCLE, INC. (JENNA CIFALA - PURCHASING)

 

09242019D001             DEED OF DEDICATION FOR RIGHT OF WAY PURPOSES FROM CHARLES L. JUDGE AND DEBORAH A. JUDGE (OWNER) TO LARIMER COUNTY (JUSTIN CORE - ENGINEERING)

 

09242019D002             DEED OF DEDICATION FOR RIGHT OF WAY PURPOSES FROM VICKI L. HALE AND ARNOLD D. HALE (OWNER) TO LARIMER COUNTY (JUSTIN CORE - ENGINEERING)

 

09242019D003             DEED OF DEDICATION FOR RIGHT OF WAY PURPOSES FROM LISA M. BRING (OWNER) TO LARIMER COUNTY. (JUSTIN CORE - ENGINEERING)

 

09242019R001             FINDINGS AND RESOLUTION APPROVING THE RANCH 121 LLC APPEAL (DENISE RUYBAL - COMMUNITY DEVELOPMENT)

 

09242019R002             FINDINGS AND RESOLUTION APPROVING THE KUEMMERLIN AMENDED SPECIAL REVIEW AND APPEAL (DENISE RUYBAL - COMMUNITY DEVELOPMENT)

 

09242019R003             LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 64 AND 65 OF CRYSTAL LAKES SUBDIVISION 14TH FILING AND UTILITY EASEMENT VACATION (DENISE RUYBAL - COMMUNITY DEVELOPMENT)

 

09242019R004             AMENDMENT TO IRREVOCABLE STANDBY LETTER OF CREDIT #876 (KATIE BEILBY - COMMUNITY DEVELOPMENT)

 

09242019R005             GRANT RESOLUTION FOR THE SKY VIEW CAMPGROUND PROJECT AT CARTER LAKE RESERVOIR BY AND BETWEEN LARIMER COUNTY DEPARTMENT OF NATURAL RESOURCES, BUREAU OF RECLAMATION, AND FRIENDS OF LARIMER COUNTY (JENNIFER ALMSTED - NATURAL RESOURCES)

 

MISCELLANEOUS: Appoint Adrian Krause to the Oil and Gas Task Force to Replace the Appointed Position Vacated by Arsineh Hecobian; Letter of Understanding.

 

LIQUOR LICENSES:  Overland Mountain Bike Association, Fort Collins - Special Event - 6%

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as outlined above

 

Motion carried 3-0.

 

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

 

 

6.    PRESENTATION OF TELLY AWARD FOR MENTAL HEALTH MATTERS CAMPAIGN: Ms. Stolen, Behavioral Health Program Directed addressed the Larimer County Board of County Commissioners. Ms. Stolen also introduced Ms. Diekmann, Program Director with Bloomstruck; Mr. Barela, Project Manager; Mr. Hunt, Arcadian Videography. Ms. Diekmann and Mr. Barela were awarded the Silver Telly Award for their outstanding video, used in the 2019 Mental Health Matters Public Awareness Campaign. The social video series that was done won a Silver Telly Award. The mission was to make this a Larimer County wide issues and spending time with teenagers, seniors and veterans was an incredible experience. The Telly Awards honor excellence in video and television across the screen. The Telly Awards has evolved over the years to reflect an expanding television and video universe, adding new categories honoring social media, immersive video, branded content and corporate video. The Telly Awards is still considered the largest award for video in the world, attracting more than 12,000 video entries last year from industry leaders. This award is being presented to the Larimer County citizens. Laurie said this truly is a community effort and she and her team plan to do good in the community with the Larimer County sales tax revenues that the voters have committed putting towards this issue. It takes a team and it takes a village to make a difference.

 

The Board of County Commissioners took a brief recess for a photo.

 

7.         BEHAVIORAL HEALTH DISTRIBUTED SERVICES COMMUNITY GRANT RECOMMENDATIONS: On September 16, 2019, the Behavioral Health Policy Council voted to recommend 18 community grants to the Board of County Commissioners, to round out the $1 million dollar grant funding in 2019. These 18 community grants equal $150,000 worth of grants given to non-profits providing behavioral health services in Larimer County. Providing these resources assists in reaching Behavioral Health Services mission, which is raising awareness and increasing access to affordable and appropriate behavioral health care. Laurie requested the Board of County Commissioners approve the recommend 18 funding grants that would round out the distributed service funds throughout Larimer County for 2019. Commissioner Johnson said the Policy Council is fantastic. They are all active and engaged. It’s neat to see the group work together. He appreciates the metrics and measurements, which will be helpful to report to the citizens on what happened to this money and how the sales tax money is spent within the community.

 

MOTION

 

Commissioner Kefalas moves to approve the 18 recommended Behavioral Health distributed services community grant awards.

 

Motion carried 3 - 0

 

7.    WAIVER OF THE ANNULA RENEWAL HEARING FOR THE CHOICE ORGANICS RETAIL MARIJUANA STORE LICENSE AND CULTIVATION FACILITY LICENSE: The Larimer County Resolution for License of Retail Marijuana Establishments (“the Resolution”) was adopted by the Board of County Commissioners in October 2013. Choice Organics, Inc. was issued one Retail Marijuana Store License and one Retail Marijuana Cultivation Facility License. The Resolution requires an annual renewal of all Retail Marijuana Establishment Licenses. Choice Organics, Inc. has applied to renew their licenses. The Community Development Department has received no complaints regarding the business and there has been no finding that the business has violated any conditions of their licenses. It is the Community Development Department’s recommendation that the Board of County Commissioners waive the annual renewal hearing for the Choice Organics, Inc. Retail Marijuana Establishment license.

 

8.    CHOICE ORGANICS RETAIL MARIJUANA STORE LICENSE AND CULTIVATION FACILITY LICENSE: The Larimer County Resolution for License of Retail Marijuana Establishments (“the Resolution”) was adopted the Board of County Commissioners in October 2013. Choice Organics, Inc. was issued one Retail Marijuana Store License and one Retail Marijuana Cultivation Facility License. The Resolution requires an annual renewal of all Retail Marijuana Establishment Licenses. Choice Organics, Inc. has applied to renew their licenses. The Community Development Department has received no complaints regarding the business and there has been no finding that the business has violated any laws conditions of their licenses.

 

MOTION

 

Commissioner Johnsons moved to waive the annual renewal hearing requirement for the Choice Organics, Incorporated Retail Marijuana Establishment License. Commissioner Johnson further moved to approve the Choice Organics, Incorporated Retail Marijuana Establishment Licenses.

 

Motion carried 3 – 0

 

10.        COUNTY MANAGER WORKSESSION: Ms. Hoffman updated the Board on upcoming projects and activities. Ms. Hoffman called to the attention of the Board of County Commissioners that there was a consent item from June that was a contract to buy and sell permanent trail easement between the County and the Graves that was not signed. This inadvertently omitted a signature on the trail easement agreement. Ms. Hoffman has asked the commissioners, the Chair to sign the agreement.

 

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

 

Chair Donnelly said Frank Haug, Assistant County Attorney from the Larimer County Attorney’s office will be presenting item Joshua Tobey et al. v. Estes Valley Recreation and Parks District. Chair Donnelly acknowledge a letter dated December 7, 2016 sent and signed by Chair Donnelly sent to Kenneth Zarnowski, the President of the Estes Valley Park and Recreation District Board. Chair Donnelly read the letter to those in attendance at the Administrative Matters meeting. The County Attorney feels this does represent a potential conflict of interest in Chair Donnelly’s ability to impartially decide on this matter. The County Attorney has recommended to Chair Donnelly that he recuse himself from this hearing. Frank Haug, Assistant County Attorney confirmed that Chair Donnelly should recuse himself from the hearing. Chair Donnelly said he will recuse himself from participation in this item Joshua Tobey et al. v. Estes Valley Recreation and Parks District. Chair Donnelly excused himself from the Commissioners conference room and asked Commissioner Kefalas as Chair Pro Tem to Chair the remainder of the meeting.

 

 

12.        LEGAL MATTERS: R egarding Joshua Tobey et al. v. Estes Valley Recreation and Park District. Frank Haug, Assistant County Attorney explained that the decisions the Board of County Commissioners should make today are to review the criteria in Sub Section 3, A through H. Commissioner Johnson said that individuals in a district have to be reasonably able to access the services of that Special District and he finds that a necessary condition for a inclusion of a property in the Special District and that they are reasonably able to utilize the services of that Special District. His ruling is to be on the side with the Petitioners that seek to be excluded from the Special District. Commissioner Kefalas conclusion is that it weighs on supporting the petition for exclusion of the properties from the Estes Valley. The factors in Commissioner Kefalas consideration are the factors weigh in favor of granting or supporting the petition for exclusion by the homeowners, by the property owners from the Estes Valley Recreation and Park District.

 

MOTION

 

Commissioner Johnson moves the Board of County Commissioners grant the Petition for Exclusion that’s before us, for the Estes Valley Parks and Recreation Parks District.

 

Motion carried 2-0

 

The Board adjourned at 10:28 a.m.

 

 

 

 

 

 

 

 

 

 

____________________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Stephanie Grosskopf, Deputy Clerk