MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m., with Rob Helmick, Principal Planner. Chair Donnelly presided and Commissioner Johnson was present. Commissioner Kefalas was excused. Also present were: Kathy Eastly, Lesli Ellis and Michael Whitley, Community Development; Frank Haug, County Attorney’s Office; Traci Shambo, Engineering; Lea Schneider, Health Department; Jeanine Haag, County Attorney; and Elizabeth Carter, Deputy Clerk.
Chair Donnelly opened the hearing with the Pledge of Allegiance and noted that the following items were on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience.
Items 1 and 2 were withdrawn from the Agenda
1. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE §5.1.B. VACATION HOME TO REVISE DEADLINE FOR (“CAP”) NUMBER OF VACATION HOMES IN RESIDENTIAL ZONING DISTRICTS.
2. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE §9.2 AND §9.3 TO REMOVE RESTRICTIONS THAT LIMIT PLANNED UNIT DEVELOPMENTS TO THE CO (OUTLYING COMMERCIAL) ZONING DISTRICT.
3. THUNDER VIEW SUBDIVISION PRELIMINARY PLAT AND FINAL: The property currently has one single family home on a 10-acre parcel. It was rezoned to RE-Rural Estate from RE-1 Rural Estate on May 6, 2019. This rezoning allows for 2.5 acre lots instead of 10 acre lots with RE-1.
The applicant is proposing to subdivide the lot into four 2.5-acre lots, as is allowed by code. One lot currently has a single-family home, and the additional three lots would be available for development of one single family home each, with a minimum lot size of 2.5-acre and 50-feet setbacks on all sides and from designated wetlands.
All subdivision standards and criteria set forth in Chapter 10 of the Estes Valley Development Code, “Subdivision Standards,” and all other applicable provisions of this Code have been met with these preliminary and final plat applications.
At the request of Larimer County Engineering, a 50-foot from centerline right-of-way will be dedicated on the eastern border of this property within 90 days of the minor subdivision approval. The current Dry Gulch Road right-of-way is variable and non-standard.
Minor Subdivision Preliminary Plat applications are reviewed by the Estes Valley Planning Commission. Minor Subdivision Final Plats are reviewed by Town Board or the Board of County Commissioners. On September 17, 2019, the Estes Valley Planning Commission unanimously approved the Thunder View Minor Subdivision Preliminary Plat. In accordance with the notice requirements in the Estes Valley Development Code, legal notices were published in the Estes Park Trail-Gazette and the application is posted on the Town’s “Current Applications” webpage. Typical mailings include an approximate 500-foot radius. Additionally, a “Development Proposal Under Review” sign has been placed on the property. The Applicant held a community meeting on July 23, 2019. As of October 1, 2019, no written comments have been received. If comments are submitted after October 1, 2019, they will be posted on the Town’s website.
Staff recommends approval of the final plat of the Thunder View Subdivision with the following conditions:
A. Prior to recordation of the final plat, the owner/applicant shall submit a Subdivision Improvement Agreement, guaranteeing the completion of access and drainage improvements as required by the Larimer County Engineering Department; the Agreement shall be reviewed and approved by Town of Estes Park Planning staff and Larimer County Engineering staff, shall include an acceptable form of required collateral, and shall be finalized and signed in order to be recorded in conjunction with the Thunder View Subdivision Final Plat.
B. Within 90 days following the recordation of the final plat, a 50-foot from centerline right of way will be dedicated along the eastern boundary of the parent property bordering Dry Gulch Rd.
4. HELBERT MASONRY EXEMPTION TRACT A AND B AND RODGERS BOUNDARY LINE ADJUSTMENT, FILE #19-LAND3933: The applicants seek to correct structural encroachments by amending the lot line common to the two properties so that all improvements are located on the correct property.
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. No new lots will be created as the sole change is to the common line between the two properties.
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. The zoning for the area is RE-Rural Estate which requires a 10-acre minimum lot size. Tract A and a portion of Tract B is currently a 9-acre lot, and it is proposed to be increased in size to 9.8-acre lot which decreases the amount of non-conformity.
C. The amended plat will not create a nonconforming setback for any existing building. The proposed amended plat and boundary line adjustment will not create non-conforming setbacks for any existing building.
D. The resultant lots will meet the requirements of subsection 8.14.1.I. Lots cannot be divided by a municipal or county boundary line, road, alley, or another lot. No lots in this amended plat-boundary line adjustment will be divided by a municipal or county boundary line, road, alley, or another lot.
E. The amended plat will not adversely affect access, drainage or utility easements or rights-of-way serving the property or other properties in the area. No improvements are proposed as part of this plat amendment-boundary line adjustment, therefore there will be no impact to access, drainage, utilities, or to other properties.
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 Board of County Commissioners shall consider the original reason or circumstance for a condition or note on a plat when approving a change. The proposed plat contains a note that the lots will be subject to existing restrictions, covenants and regulations as set forth in the plat of record.
The Larimer County Land Use Code (Section 5.5.3) outlines the review criteria for boundary line adjustments, as stated below:
A. The lots are legal lots as defined in the definitions section. Each of the lots is a legal lot.
B. No additional lots will be created by the boundary line adjustment. The proposed amendment will not create additional lots.
C. The lots are not in a subdivision, planned unit development, minor residential development, or exemption approved under previous subdivision regulations or in a minor land division, subdivision, conservation development or planned land division. The boundary line adjustment lot is not located within a subdivision. The adjacent lot is platted as an exemption lot.
D. The resultant lots will meet the required minimum lot size and lot width to depth ratio standards of the applicable zoning district. (If either or both lots are nonconforming with respect to minimum lot size or lot width to depth ratio, the boundary line adjustment must not increase the nonconformity). The parcel subject to the boundary line adjustment is greater than 35-acres and meets the required minimum lot size of 10-acres required in the RE zone district.
E. The boundary line adjustment will not create a nonconforming setback for any existing building. All buildings will remain in compliance with required setbacks.
The following comments were submitted by County Departments: Planning noted that required changes to the plat have been adequately addressed. Engineering had comments regarding access, drainage and utilities and found no issues. The Health Department noted that utility providers have signed off on the proposal. Additionally, the Department sees no impact which will result to the existing septic systems.
Additionally, the following agencies submitted comments: Addressing noted that no changes to the addresses will result from this plat. The Assessor’s Office had no concerns. Code Compliance reported that research of the subject property (or properties) has not been conducted to confirm whether all structures on the property have been properly permitted, inspected and/or are being used for the purpose for which they were originally designed. The Poudre Fire Authority had no comments related to the lot line amendment. The Northern Colorado Water Association currently provides service to each of the lots and has no concerns with the proposed boundary changes. The Floodplain Administrator noted that portions of the parcels are located within the FEMA Zone A floodplain. Lastly, the Surveyor reported that the file number needs to be added to the plat.
The Development Services Team recommends Approval of the Amended Plat/Boundary Line Adjustment for Tract A and a portion of Tract B, Helbert-Masonry Exemption, and Rodgers Boundary Line Adjustment, File Number 19-LAND3933, subject to the following condition(s) and authorization for the chairman to sign the plat presented for signature:
A. All conditions of approval shall be met, and the final plat recorded by April 21, 2020 or this approval shall be null and void.
5. BAGGETT SIZE APPEAL, FILE #19-ZONE2581: The applicants are requesting allowance to construct a 715-square foot Accessory Living Area above a detached garage. Their current home is approximately1,500-square feet, which would allow for a 580.8-square foot accessory living area, however pending construction plans will expand the home by approximately 900-square feet. This expansion would increase the size of the home to 2,400-square feet which could allow an 800-square foot accessory living area.
The property has public water and sanitation from the City of Fort Collins. A letter has been provided by the Utilities Department that they can provide service to the proposed unit. Access to the unit will be via an existing driveway from W. Vine Drive. The owners will live in the Accessory Living Area while the home is being remodeled and, once completed, will use the unit for family and friends pursuant to the allowance in the land use regulations.
APPEAL TO DEVIATE FROM THE STANDARDS OR REQUIREMENTS
When considering whether to approve an appeal to deviate from standards or requirements of this Code, other than minimum lot size requirements, the Board of County Commissioners may grant the appeal subject to safeguards and conditions consistent with their findings concerning the following factors. The Board of County Commissioners will consider each of the following factors and make findings pertaining to each one which, in their discretion, applies to the appeal:
A. Approval of the Appeal will not subvert the purpose of the standard or requirement.
Approval will not subvert the purpose of the standard or requirement. The purpose of Section 4.3.10.H.c of the Land Use Code is to allow for Accessory Living Areas that are incidental to the primary use of the property as single-family residential. The size limitation was included to ensure the accessory uses remains accessory, and to prevent the use from turning into multi-family residential and/or rentals where it is not permitted.
The property consists of the 1,500-square foot single-family home which is proposed to be expanded to 2,400-square feet. The proposed home size would allow for the proposed 715-square foot Accessory Living Area, which is less than the maximum 800-square feet, however it is a question of timing related to the planned expansion of the home. The unit is proposed to be located above a detached garage and will remain accessory into the existing single-family home.
B. Approval of the Appeal will not be detrimental to the public health, safety or property values in the neighborhood. It is not anticipated that granting the appeal would be detrimental to the public health, safety or property values in the neighborhood. Staff has not received any comments from the surrounding property owners who were notified of this request.
C. Approval of the Appeal is the minimum action necessary. If the Appeal is not approved, the applicant will be required to reduce the size of the accessory living area to the limit allowed in Section 4.3.10.H.c. Approval of the appeal is the minimum action necessary to allow for the applicant to receive approval for the proposed 715-square foot square foot Accessory Living Area above the garage.
D. Approval of the Appeal will not result in increased costs to the general public. The size appeal for the size of the Accessory Living Area will not result in increased costs to the general public.
E. Approval of the Appeal is consistent with the intent and purpose of the Code. The general intent and purpose of the Larimer County Land Use Code is to “preserve, protect and improve the health, safety and general welfare of Larimer County residents and to implement the Larimer County Master Plan adopted Nov. 19, 1997, and any future amendments.” Both the Master Plan and the Land Use Code are intended to provide flexibility in circumstances that are reasonable while still maintaining the health, safety and general welfare of the community. Staff has made the assessment that the proposed Appeal meets this intent since there will be no impacts to the general welfare of Larimer County residents, and the proposed density is allowed in the Land Use Code. The existing home on the property is proposed to be expanded to 2,400-square feet which would allow for the 715-square foot Accessory Living Area.
The following comments were submitted by County Departments: Planning reported no issues with the proposed appeal as the proposed 715-square foot unit will remain accessory to the existing residence. The Engineering Department reported that the Transportation Capital Expansion Fees (TCEF) will be required at building permit. Also, one additional off-road parking space will be required for each bedroom in the accessory dwelling. Drainage, if changing, and erosion control measures will need to be addressed. No other issues or concerns. The Health did not have any concerns.
Additional comments were received from the following offices: Addressing Office who has assigned a physical address. The Code Compliance office noted that research of the subject properties has not been conducted to confirm whether all structures on the property have been properly permitted, inspected and/or are being used for the purpose for which they were originally designed. The Poudre Fire Authority reported that fire apparatus access is required within 150’ of the building exterior which is met by W Vine Drive. An existing fire hydrant is located on the north side of Vine Drive east of the property. New and existing residences require address posting and if the same address is used the units A and B must be posted on each building. Lastly, the City of Fort Collins did not submit any comments.
The Development Services Team recommends Approval of the Baggett Size Appeal, an appeal from Section 4.3.10.H.c. to allow an Accessory Living Area of 715-square feet, File Number 19-ZONE2581.
M O T I O N
Commissioner Johnson moved that the Board approve the consent agenda for Monday, October 21st and to approve the Findings and Resolutions for the Helbert Masonry Exemption and the Baggett Size Appeal.
Motion carried 2-0
With there being no more land use items, the Board adjourned at 3:05 p.m.
TUESDAY, OCTOBER 22, 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 Gimenon and Alisha Jeffers, Commissioners’ Office; and Elizabeth Carter, Deputy Clerk.
Chair Donnelly opened the meeting with the Pledge of Allegiance.
1. PUBLIC COMMENT: The following members of the public addressed the Board: Dan Smedra, Karin Coppinger, Gordon Nuttle, Nancy Garcia, Daniel Boucker, Stacy Lynne, Tim Goshar, Shirley White and Sonya Ketting.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 14, 2019:
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of October 14, 2019.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 28,2019: Ms. Gimeson reviewed the schedule for the upcoming week with the Board.
4. CONSENT AGENDA:
10222019A001 PROFESSIONAL SERVICES AGREEMENT (P16-10) JAIL MEDICAL PROVIDER SERVICES BY AND BETWEEN LARIMER COUNTY AND
ARMOR CORRECTIONAL HEALTH.
10222019A002 CONTRACT AMENDMENT #2 FOR 17 IHGA 91564 BY AND BETWEEN LARIMER COUNTY AND STATE OF COLORADO DEPARTMENT OF
10222019A003 FIRST AMENDMENT TO SOLID WASTE TRANSFER LEASE BY AND BETWEEN LARIMER COUNTY AND TOWN OF BERTHOUD
10222019A004 WARRANTY MEMORANDUM FOR PONDS FIELD CONSERVATION DEVELOPMENT 16-LAND3512 BY AND BETWEEN LARIMER
COUNTY AND CLIFF & KARYN POND
10222019A005 DRAINAGE AGREEMENT BETWEEN LARIMER COUNTY AND STAR SERVICES, LLC
10222019A006 PROFESSIONAL SERVICES AGREEMENT (P19-25) BY AND BETWEEN LARIMER COUNTY AND PAGE SOUTHERLAND PAGE, INC.
10222019A007 PROFESSIONAL SERVICES AGREEMENT (B19-15) BY AND BETWEEN LARIMER COUNTY AND WE DIG IT, LLC
10222019D001 QUIT CLAIM DEED OF DEDICATION
10222019D002 DEED OF DEDICATION OF EMERGENCY ACCESS EASEMENT
10222019D003 CONVEYANCE OF UTILITY EASEMENT
08272019R001 RESOLUTION ORDERING A PUBLIC HEARING ON NOVEMBER 4TH, 2019 TO CONSIDER A PETITION FOR INCLUSION TO A PUBLIC
IMPROVEMENT DISTRICT (PID)
10222019R002 RESOLUTION APPROVING THE TOWN OF WELLINGTON JOINING THE INTERGOVERNMENTAL AGREEMENT (IGA) FOR SOLID WASTE
10222019R003 RESOLUTION APPROVING AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE REVISING THE "PARK AND RECREATION FACILITIES" DEFINITION AND THE PERMITTED USE TABLES AND ADDING SPECIFIC USE STANDARDS
10222019R004 RESOLUTION APPROVING AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE REVISING THE "PARK AND RECREATION
FACILITIES" DEFINITION AND THE PERMITTED USE TABLES AND ADDING SPECIFIC USE STANDARDS
10222019R005 FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 9 & 10 IN THE JACKSON HEIGHTS SUBDIVISION.
10222019R006 FINDINGS AND RESOLUTION APPROVING THE FIREHOUSE SELF-STORAGE APPEAL.
10222019R007 FINDINGS AND RESOLUTION APPROVING THE MATTOON APPEAL.
Miscellaneous: Request for State Approval of Chafee Foster Care Independence Program Plan; Stipulation as the Tax Year 2019 Value: Richard and Kimberly Wrons; Unexpended Revenue Balance Repayment
LIQUOR LICENSES: The Following Liquor licenses were approved: Namaqua Liquors– Fort Collins – Retail Liquor Store; Dunraven Inn– Estes Park– Hotel and Restaurant; Orville's Restaurant– Livermore– Transfer of Ownership with Temporary Permit; CB & Potts Clubhouse & Taproom– Fort Collins – New Manager Registration
M O T I O N
Commissioner Kefalas moved that the Board of County Commissioners approve the consent agenda for October 22, 2019.
Motion carried 3-0
5. COMMENTS FROM COMMISSIONERS’ GUESTS: Commissioner Kefalas invited Justin Whitesell, Emergency Operation Manager for the Larimer County Sheriff’s Office; Mike Loberg, Sheriff Capitan and Katie Donahue, U.S. Forrest Service to update the Board on the Elk Fire and the recent community meeting in Livermore. Mr. Whitesell reported to the Board that the Larimer County Sheriff’s Office and the Division of Fire Prevention and Control for the State of Colorado will conduct an After-Action Review to understand any potential issues that led the prescribed burn morphing into a wild land fire. Mr. Whitesell also stated the After-Action Review will examine what can potentially be done differently in the future.
Mr. Loberg noted that the Sheriff’s Office understands that the community rightly want answers as to what transpired and how it can be avoided in the future. He did note that up until the previous Friday, personnel were still fighting the fire, so they did not have much detail or many answers at this point. Mr. Loberg stated that they wanted to fully review the plan for the prescribed fire the weather and other factors and the when the After-Action Review was completed those details would be shared with the community. Lastly, Ms. Donahue relayed to the Board that the Forrest Service has been working with local partners to get out into the community and answer questions on prescribed burns.
There was a discussion between the Board and the Sheriff’s Office regarding the timeline for the After-Action Review, the process for issues permits for prescribed burns, potential costs for fighting the Elk Fire and if there was a need for a possible moratorium on prescribed burns. Lastly, the Board thanked the guests for the update and their efforts to provide communications back to the local communities.
6. SPECIAL EVENT ROAD PERMIT REQUEST :
This item was removed from the Agenda.
7. COUNTY MANAGER WORKSESSION: Ms. Volker updated the Board on upcoming projects and activities.
8. COMMISSIONER ACTIVITY REPORTS: The Board detailed their attendance at events during the previous week.
Chair Donnelly reported that the Board of County Commissioners received a request for a letter of support for a grant application for the Pole Hill Wildfire Mitigation Community Group. He noted that the group is seeking a to obtain a 2019/2020 grant through the Forest Restoration and Wildlife Fire Risk Mitigation Program.
M O T I O N
Commissioner Johnson moved to the Board sign and send a letter to the Pole Hill for support of their wildfire mitigation grant request.
Motion carried 3-0
9. EXECUTIVE SESSION: The Board went into Executive Session to discuss the Estes Park Local Marketing District IGA pursuant to C.R.S 24-6-402(4)(b) and the 7-11 Liquor License Renewal and Violation pursuant to C.R.S 24-6-402(4)(b).
M O T I O N:
Commission Kefalas moved that the Board enter Executive Session for discussion of the Estes Park Local Marketing District IGA and the 7-11 Liquor License Renewal and Violation pursuant to C.R.S.24-6-402(4)(b), conferences with an attorney for the purpose of receiving legal advice on specific legal questions.
Motion carried 3-0
With there being no further business, the Board adjourned at 10:15 a.m.
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Elizabeth Carter, Deputy Clerk