MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, JANUARY 13, 2020

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m., with Rob Helmick, Principal Planner. Chair Johnson presided. Commissioner Donnelly and Commissioner Kefalas were present. Also present were: Karin Madson and Amy White, Code Compliance; Lesli Ellis, Don Threewitt Community Development; Katie Gray, Mark Peterson, Traci Shambo and Devin Traff, Engineering; Lea Schneider, Health Department; Frank Haug, County Attorney; and Elizabeth Carter, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance and noted that the following items were on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience.

 

1.          THE VINE DRIVE SUBDIVISION, LOT 1 AND LOT 2, LOT CONSOLIDATION, FILE #19-LAND3952: The applicant seeks to combine two contiguous lots, Lots 1 and 2 in the Vine Drive Subdivision, to create one .65-acre lot. This request is due to the setbacks, existing utility lines, and easements of one of the parcels (9710206001). According to the applicant, this parcel (9710206001) has a Fort Collins sewer line that runs diagonally from the northeast corner through to the southwest corner. In addition to the present sewer line, an overhead powerline also runs diagonally (northeast to southwest corner) through this parcel. This powerline has a 34.5-foot easement on each side of the centerline. There are also road setbacks on two sides applicable to this property. Vine Drive is considered a “Arterial Road” and Frey Avenue is a “Local Road” under County Road classifications. These setbacks create a 110-foot setback from the right of way centerline for Vine Drive and a 60-foot setback from the right of way centerline of Frey Avenue. Because of these three constraints, the applicant cannot create a habitable structure on this lot.

 

The Larimer County Land Use Code (Section 5.7.3) allows for the approval of a lot consolidation if the following review criteria are met:

 

            A.        No additional lots will be created by the lot consolidation. No new lots will be                                   created.  The applicant is proposing to consolidate Lots 1 and 2 to create one                                    .65-acre lot.

 

            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. The .65-acre lot that will result from the consolidation meets                                   the minimum lots size and dimension requirements of the FA-Farming zone                                              district.  The minimum lot size in this zone, if public water and sewer are                                       used is .5-acres.

 

            C.         The lot consolidation will not create a nonconforming setback for any existing                                   building. No nonconforming setbacks will be created by this lot                                                         consolidation. However, this lot consolidation will result in a corner lot. The                                      new frontage of this lot will be on Frey Avenue because this is the shortest                                                street frontage with the approval of this lot consolidation. The previous                                          frontage, on W Vine, will now be labeled as the side. The new designated rear                                  (previously the eastern side of the property) will follow the 10’ rear setback                                             guidelines, which it meets.

 

            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. The resultant lot meets the requirements of Section 8.14.1.I of the                                   Land Use Code and 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. No new construction is currently proposed; therefore, no impact is                                        proposed to occur to access, drainage, utility easements or rights-of-way.  As                                               discussed earlier, the existing Drainage and Utility Easement will be                                                 unaffected by the lot consolidation.

 

            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.  A condition is recommended stating that any existing covenants,                                       deed restriction other conditions of approval that currently apply to the lots                                               will continue to apply to the new lot created by the consolidation

 

The Planning and Health Departments did not have any comments regarding the potential consolidation.  The Engineering Department noted that both lots are located within the regulatory floodplain and floodway. Any future development within the floodplain must meet floodplain requirements in effect at the time of development. While the lot consolidation may be approved independent of any potential violation(s) of floodplain regulations, violations must be addressed through the County’s code compliance procedures separate from the approval of the lot consolidation. The Addressing Office has created a new address and the Assessor’s Office has created a new legal description.

 

The Development Services Team recommends approval of the Vine Drive Subdivision Lot Consolidation, 19-LAND3951 with the following conditions:

 

            A.        All conditions of approval shall be met, and the Findings and Resolution recorded by                        July 13, 2020 or this approval shall be null and void.

 

            B.         The resultant lot is subject to all covenants, deed restrictions, or other conditions                               that apply to the original lots in the subdivision.

 

2.         SEE’S APPEAL, FILE #19-ZONE2588: The applicant proposes to change the use of an existing storage room in a barn to an accessory living unit.  The current storage room is 485-square feet.  The applicants propose to add 430-square feet to add/create a bedroom for the unit.  The surrounding area consists of detached single-family dwellings on lots in excess of 35-acres in size.

 

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

 

This request is for the approval of an appeal to allow an accessory living area to be 915-square feet.  Section 4.3.10.H.c of the Larimer County Land Use Code calls for the total square footage of the Accessory Living Area to be “limited to 40 percent of the square footage in the single-family dwelling, excluding any garage or basement area, whether finished or not, or 800-square feet, whichever is less.”  In this case, the primary single-family dwelling is 2573-square feet in size, not including the basement or garage, which would not limit the size of the Accessory Living Area to 800-square feet.  The proposed 915-square foot accessory living area exceeds the allowed square footage; therefore, an appeal is required. 

 

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

 

Section 22.2.3 Larimer County Land Use Code: 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 of the appeal 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 use 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 an existing single-family                           dwelling of 2573 square feet.  The property is 40 acres and if it could be divided, they                        would have more than enough acreage to create separate parcels that would meet the                        minimum lot size in the O-Open zoning district through the Planned Land                                        Conservation Development process.  If this request is approved, there would be a                             main dwelling and the proposed accessory living area on the property.   They are not                                  proposing to build a new building for the accessory living area but add on to the                             existing barn.

   

            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.  Comments note that the site is currently adequately served,                               and that this proposal will not necessitate revising the facilities.

 

            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 use for the                         proposed 915 square foot dwelling as an accessory living area. The proposed added                          bedroom will accommodate the applicant’s caretakers and or visitors.

 

            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 July 2019, 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 with approval of the public site plan for the accessory living area.

 

The Health Department has indicated that well water is available.  The Engineering Department provided no specific comments regarding the use of the addition as an accessory living area but indicated that Transportation Capital Expansion Fees will be required at the time of building permit issuance. Lastly, the Building and Planning Department indicated that a building permit is required, and the accessory living area must comply with Building Codes.

 

The Development Services Team recommends Approval of the SEE’S APPEAL, File Number 19-ZONE2588, subject to the following condition(s):

 

            A.        The use of the addition to the barn as an Accessory Living Area must be approved                            through the Public Site Plan process.  

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Consent Agenda for Monday January 13, 2020 and further moved the signing of the Findings and Resolutions for those items.

 

Motion passed 3-0,

 

3.         RIVERVIEW RV PARK SPECIAL REVIEW, FILE #18-ZONE2324 Rob Helmick, Principal Planner presented the Board with background on the Riverview RV Park Special Review.  Mr. Helmick noted that on October 28, 2019, the Board of County Commissioners considered staff analysis requesting the Board consider revocation of the Special Review. At that hearing the staff suggested to the Board of County Commissioners that the owner/operator be given additional time to come into compliance based upon progress towards meeting the stipulated requirements of the Special Review approval.  At that time, the hearing was continued to today, January 13, 2020.

 

Mr. Helmick reported that the applicant continues to make progress. He noted two main areas where the applicant remains out of compliance. One is an outstanding is payment of the Transportation Capital Expansion Fees for the post 1993 RV spaces approved through the Special Review, in the amount of $48,000.00. The second is payment of the application fee. Mr. Helmick reported that before the meeting the applicant paid the application fees and made a payment on the Transportation Capitol Expansion Fees.

 

There was a discussion between the Board and staff regarding the fees and the methodology used to calculate the Transportation Capitol Expansion Fees.  Staff reported that the County used the model that would be most beneficial to the applicant. There was also a discussion regarding why the fees are applied if the primary roads nearest to the RV Park are note county roads.  Staff noted that county roads are still needed to access the roads near the site.  Lastly, staff reported to the Board that the County is charged these same fees when a County property is expanded. 

 

Mr. Helmick stated that the County is very close to issuing permits to the applicant and the issues remaining to be worked out can conceivably be completed soon.  He asked the Board to consider a brief extension until February 3, 2020.

 

Chair Johnson then invited the applicant, Ray Youree, to address the Board.  Mr. Youree declined to speak.  Chair Johnson opened the hearing for public comment.  No one from the public commented and Chair Johnson closed public comment.

 

There was a Board discussion regarding the application of the Transportation Capitol Expansion Fees and if there is a need for further discussion about the methodology used to calculate those fees.

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners continue the revocation hearing relating to the Riverside RV Park Special Review File #18-ZONE2324 until February 3, 2020 to give the applicant/owner additional time to come into compliance.  The hearing will be held at 3:00 p.m. in the same room

 

Motion passed 3-0,

 

With there being no further business, the Board adjourned at 3:30 p.m.

 

TUESDAY, JANUARY 14, 2020

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Johnson presided. Commissioner Donnelly and Commissioner Kefalas were present.  Also present were: Brenda Gimeson and Alisha Jeffers, Commissioners’ Office; and Elizabeth Carter, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.          COMMENTS FROM COMMISSIONERS’ GUESTS: Commissioner Donnelly requested that the Board allow his guests to address the Board early as they had another commitment. Commissioner Donnelly introduced Suzette Mallette and Alex Gordon of the North Front Range Metropolitan Planning Organization (NFRMPO) and Katy Mason, Human Services.  Commissioner Donnelly noted that out of previous strategic plan a growing need for transportation services for seniors was identified.  From those discussions and working with numerous regional partners a One-Call/One-Click program idea was formed to connect seniors with regional transit partners.

 

Commissioner Donnelly reported to the Board that last Thursday the NFRMPO voted to support the program.  Ms. Mallette took the opportunity to thank the County and the Board for its support.  Additionally, she conveyed to the Board that $1.2 million had been approved by the MPO.

 

There was a brief discussion between the Board and the guest regarding the next steps.  Ms. Mallette noted that in the coming weeks the MPO will look to hire a mobility manager to work on the nuts and bolts of implementing and marketing the program.  Mr. Gordon also reported that the NFRMPO is continuing to work out the geographical territory that can responsibly be covered by program.  Ms. Madson took a moment to thank the County’s regional partners who had offered help in the development of the program and in allowing for the expansion of it to those with disabilities.  Lastly, Commission Donnelly noted that Commissioner Johnson was the originator of the idea of a transportation option for seniors and thanked him for his efforts to serve the people of Larimer County.

 

2.         PUBLIC COMMENT: The following members of the public addressed the Board:  Paul Navarre, Rick Casey, Deb Bjork, Janie Stein, Martin Bata, Marda Turman and Gail Martinez.

 

3.         APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 6, 2020

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of January 6, 2020.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 20, 2020:   Ms. Gimeson reviewed the schedule for the upcoming week with the Board.

 

4.         CONSENT AGENDA:  

 

ABATEMENTS: RECOMMENDED APPROVAL – WALTON FOOTHILLS HOLDINGS VI LLC - R1657621/97253-30-007(2018); ABATEMENTS: RECOMMENDED APPROVAL – WALTON FOOTHILLS HOLDINGS VI LLC- R1657626/97253-30-012 (2018); ABATEMENTS: RECOMMENDED APPROVAL- R1657630/97253-30-016(2018); WALTON FOOTHILLS HOLDINGS VI LLC- R1657631/97253-30-017(2018); RECOMMENDED APPROVAL – WALTON FOOTHILLS HOLDINGS VI LLC- R1658430/97253-32-011(2018); ABATEMENTS: RECOMMENDED APPROVAL – WALTON FOOTHILLS HOLDINGS VI LLC- R1658432/97253-32-019 (2018)

 

01142020A001             CONTRACT RENEWAL BY AND BETWEEN LARIMER COUNTY DEPARTMENT OF NATURAL RESOURCES AND CARTER LAKE SAIL CLUB

 

01142020A002             DRAINAGE AGREEMENT BETWEEN LARIMER COUNTY AND ZANPAR CORPORATION

 

01142020R001             RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE BY REPEALING AND REENACTING CHAPTER 16 OF THE LARIMER COUNTY CODE, WIRELESS COMMUNICATIONS FACILITIES

 

01142020R002            RESOLUTION RESCINDING FINDINGS AND RESOLUTION THAT APPROVED THE AMENDED PLAT OF LOTS 9 AND 10 IN JACKSON

HEIGHTS SUBDIVISION

 

01142020R003            SALARY RESOLUTION FOR LARIMER COUNTY CHIEF DEPUTY DISTRICT ATTORNEY

 

01142020R004            SALARY RESOLUTION FOR LARIMER COUNTY DEPUTY DISTRICT ATTORNEY III

 

01142020R005            SALARY RESOLUTION FOR LARIMER COUNTY DEPUTY DISTRICT ATTORNEY III

 

01142020R006            SALARY RESOLUTION FOR LARIMER COUNTY DEPUTY DISTRICT ATTORNEY III

 

Miscellaneous: Monitoring and Permit Deviation Report for Larimer County Landfill; Stipulation as to Tax Year 2019 Value: Thomas J Stohlgren / Cindy G Osterman-Stohlgren, Schedule Number:

R1537237; Stipulation as to Tax Year 2019 Value: NMC Cottonwood LLC / Shane Tower LLC, Schedule Number: R1008072, R1067524; Letter of Support- Colorado State Register of Historic Properties Nomination of the Stanley House (5LR.806) W. Wonderview Avenue, Larimer County; Recommended Reappointment to the Red Feather Lakes Planning Advisory Committee: Janice Weixelman; Recommend Mid-Term Appointment to the Larimer County Interagency Oversight Group: David Blake.

 

LIQUOR LICENSES: The Following Liquor licenses were approved: The Inn at Whiskey Belle Ranch– Livermore—Bed and Breakfast; Golf Club at Fox Acres– Red Feather Lake—Change of Corporate Structure.

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the Consent Agenda for January 14, 2020.

 

Motion carried 3-0

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS: Commissioner Kefalas invited Josh Joswick, former La Plata County Commissioner, to address the Board on “Pipelines: A Community Perspective”. Mr. Joswick relayed to the Board that his remarks would focus on gathering lines.  He noted that these are the lines that are used to transport oil or natural gas from the production site to a central collection point.  What is unique about gathering lines is that their siting is not currently regulated by an any agency. If these lines are to be regulated it is up to local jurisdictions.

 

Mr. Joswick noted that its important for local government to regulate these lines because if there is a “failure event” i. e. an explosion, it is the county and its citizens that will be impacted. He pointed out that while pipeline incidents might be infrequent, they also must be seen for the potentially serious consequences they can have on the general public.

 

Mr. Joswick presented the following recommendations to the Board. First, he recommended for existing gathering lines that the County collect data on: location and depth of the line, age, content and daily flow, size, pressure and worst-case spill volume.  As the Board and County move forward on new regulations for oil and gas, he suggested the following for purposed gathering lines: creation of a permitting process, establishing reasonable setbacks and that the approval of any new line require Board action of some kind.

 

There was a discussion between the Board and Mr. Joswick regarding the Colorado Oil and Gas Conservation Commission requiring the mapping of flow lines.  The Board inquired if there might be something similar forth coming for gathering line.  Mr. Joswick noted that it could happen, but he was not aware of a mapping of gathering lines being on the Commission’s radar.

 

6.         COUNTY MANAGER WORKSESSION:  Ms. Hoffmann updated the Board on upcoming projects and activities.

 

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

 

 

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

 

                                                           

                                                            ____________________________________                       

                                                            STEVE JOHNSON

                                                            BOARD OF COUNTY COMMISSIONERS

 

 

 

 

ANGELA MYERS

 

CLERK AND RECORDER

 

 

ATTEST:

 

__________________________________________

Elizabeth Carter, Deputy Clerk