MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, MARCH 23, 2020

 

 LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m., with Don Threewitt, Planning Manager. Chair Johnson presided, Commissioner Donnelly and Commissioner Kefalas were present. Also present were: Lesli Ellis, Chad Gray, and Matt Lafferty, Community Development Department; Katie Gray, Engineering Department; Frank Haug, County Attorney’s Office; and Kayleigh Ogden, Deputy Clerk. Joining by teleconference was: Rob Helmick, Community Development.

 

Chair Johnson opened the hearing with the Pledge of Allegiance.

 

Chair Johnson 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.

 

PUBLIC HEARING CONSENT ITEMS:

 

1.          RAMSEY SUBDIVISION, FILE 19-LAND3898: This proposal was placed on the Larimer County Planning Commission consent agenda. The only individuals present were the applicant and his agent. The Larimer County Planning Commission had no questions. There were several neighbors present but none chose to remove the application from the consent agenda. The Larimer County Planning Commission forwarded a recommendation of approval to the Board of County Commissioners.

 

The applicant proposes to divide this 34.6-acre parcel of land into 13 lots, 12 lots of approximately 1.5-2 acres in size and one large lot, of 9.3 acres with a building envelop to buffer Donath Lake. This site is located in the area between Loveland and Fort Collins and is outside any Growth Management Area. The Larimer County Land Use Code requires that such a land division be a Conservation Development. On May 20, 2019 the Board of County Commissioners approved an exemption or waiver to that provision allowing the division to occur as a subdivision (staff report and packet attached.)

 

The applicant’s Sketch Plan, which was submitted prior to the Board of County Commissioners decision on the waiver, proposed an 11-lot subdivision although the parcel was assumed to be 41.5 acres, could have allowed up to an 18 lot Conservation Development if served by public sewer or 10 lots if on individual on-site sewer. Since that time and as a part of the analysis of the Preliminary Plat the applicant proposal is now for 13 lots all to be served by public water and sewer, the 34 .6 acres would allow up to 15 units.

The plan buffers the north end of Donath Lake by creating a single lot along the north and west side of the lake. The surrounding areas are single family or large lot agricultural properties. The request has been referred to adjacent landowners and to affected agencies for their comments.

 

To approve a conservation development/subdivision, County Commissioners must consider the following review criteria and find that each criterion has been met or determined to be inapplicable:

 

A.        The proposed subdivision is compatible with existing and allowed land uses in the surrounding area.

 

A land division at this site is compatible with the surrounding area. The land surrounding this site consists of either rural lot residential uses or farmed land but there is not significant active agriculture in the immediate area. With proper setbacks from Donath Lake the development can also be environmentally compatible with the lake and wildlife. This site is in the area of the Plan for Region that anticipates a development plan similar to that which has been proposed. Citizen comments at the appeal hearing indicated that they have anticipated development of this type for this site. The other comments from neighbors related to the possible impact on the water-skiing recreation use (lease) on Donath Lake.

 

B.         The applicant for the proposed conservation development/subdivision has demonstrated that the proposed conservation development/subdivision will comply with all applicable requirements of this code.

 

Regarding the provisions of Section 8 of the Larimer County Land Use Code:

 

8.1 Adequate Public Facilities:

 

8.1.1. Sewage disposal level of service standards:

 

The proposal is located in the South Fort Collins Sanitation District Service area. Given the high water table and proximity of the lake this is the preferred service to this development. The applicant has annexed the property into the water and sanitation district and is proposing all lots to be served by public sewer.

 

8.1.2. Domestic water level of service standards:

 

Water service is available from Fort Collins Loveland Water District. The applicant has obtained a commitment for service which meets the requirements of this section of the code at the time of Preliminary Plat application.

 

8.1.3. Drainage level of service standards:

 

The Engineering Department initial comments regarding the drainage report and evaluation of the soils on site.

 

8.1.4. Fire protection and emergency medical service level of service standards:

 

The Loveland Fire Rescue Authority has responded with comments regarding access and water supply. The new residences on Lots 6-9 will need to have residential fire sprinklers due to the water supply and the length of the dead-end access. Other lots can be served by the proposed fire hydrants. The roadway will need to ensure adequate width, or no parking signs will be required.

 

8.1.5. Road capacity and level of service standard:

 

The Engineering Department has reviewed the request and noted their comments with respect to the roads. ROW will need to be dedicated for CR 13 and CR 30. Access will need to meet spacing requirements and the current access must be eliminated. Internal road ROW width must meet the 70-foot standard. Surfacing, access turn arounds, allowing only single lot accesses are also identified in their comments.

 

8.2. Wetland Areas:

 

There are wetland areas identified along the margins of Donath Lake. A buffer of at least 100 feet must be included in the plans to insure the preservation of those wetland areas. A larger buffer may be important when addressing wildlife as well use and issues with the ditch company.

 

8.3. Hazard Areas:

 

There are no hazards identified in this area.

 

8.4. Wildlife:

 

Donath Lake is an irrigation reservoir and that provides a valuable wildlife habitat for both migrating waterfowl as well as raptors. The reservoir is also utilized for a small water-skiing club. The Colorado Department of Parks and Wildlife has not commented.

 

8.5. Landscaping:

 

None is required, the applicant may propose landscaping at final plat which will be reviewed with respect to the standards. If proposed it will be a part of the development plan and collateral will be required.

 

8.8. Irrigation Facilities:

 

The Louden Ditch crosses the property and the ditch company has interest in Donath Lake. They have responded with a proposed agreement and certain notes with respect to their interests and the need for easement. The applicant has a preliminary agreement with respect to a boundary adjustment, to be completed prior to the final plat and are working with the ditch company regarding maintenance and repair of the ditch. There is currently no proposed use or access to the lake associated with this development.

 

8.14. Development Design:

 

There were issues related to these standards are principally related to the access, dead-end length and connectivity. The applicant is appealing to meet allow for a private road which addresses the connectivity issue. The applicant originally proposed a flag lot which is discouraged by the code. Access to Lot 13 will be via an outlot and the proportions of the proposed lots meet the Code standards.

 

C.         Approval of the proposed subdivision will not result in a substantial adverse impact on other property in the vicinity of the proposed conservation development.

 

No specific serious issues have been noted. Several neighbors have noted concerns with noise, lighting, building heights and proximity to the Turman Acres lots have also been noted. There is a lateral ditch serving properties to the north which will have an easement for access for use and maintenance provided.

 

D.        The recommendations of referral agencies have been considered.

 

Referral comments have been incorporated into this report and are attached for consideration.

 

The Larimer County Planning Commission and Development Services Team recommends Approval of the Ramsey Subdivision File # 19-LAND3898, and the requested appeal to 8.14.1.M to allow a private road rather than public ROW, subject to the following condition(s):

 

A.        The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Ramsey Subdivision file # 19-LAND3898, 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 Ramsey Subdivision.

 

B.         The following fees shall be collected at building permit issuance for new single-family dwellings Thompson School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees (in lieu of dedication) and drainage fees. The fee amount that is current at the time of building permit application shall apply.

 

C.         Fire Requirements – Lots 1-5 and 10-12 can be served by on site fire hydrants Lots 6-9 and 13 will be required to install residential fire sprinkler systems.

 

D.        All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site-specific soils investigation. The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high-water table. Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

E.        Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

F.         If the geotechnical report determines that groundwater levels are found to be high during the peak season, basements will not be permitted for this subdivision and a plat note must be added that restricts basements.

 

G.        If a subdivision perimeter drain is proposed at the final plat stage, the outfall must be identified, a maintenance agreement will be required, additional easements must be dedicated, and must receive all applicable State permits.

 

H.        A plat note must be added to the final plat that states each lot is only permitted 1 access point off the internal subdivision road.

 

I.          The larger conservation lot shall be restricted from any further development or subdivision except for one single family dwelling and accessory use and structures. 10. The plat shall reflect the needed lateral ditch easement on the western and northern subdivision boundaries. 11. The use of outlots shall be noted on the face of the Final Plat and in the development agreement.

 

J.          The existing septic system must be properly abandoned pursuant to Health Department requirements.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the land use consent items for Monday, March 23, 2020, and further moved to approve the Findings and Resolution for the items on the consent agenda and authorization for the chairman to sign.

 

Motion Carried 3-0

 

CODE COMPLIANCE PUBLIC MEETING ITEM:

 

2.         JAUREZ CODE COMPLIANCE PUBLIC MEETING, FILE 20-CCC0029: Mr. Gray explained the background of the situation stating that the property owner is in violation of Section 4.1.5 of the Larimer County Land Use Code by using residential property for an Outdoor Storage use for oil and gas construction materials and equipment which is not allowed in the O-Open zoning district. Also, the property owners are in violation of R105.1 of the International Residential Code for constructing a covered porch and reroofing the dwelling along with new buildings without building permits.

 

On January 21, 2020, Code Compliance Inspector Gray received two complaints about a massive crane offloading a container on to the property over the weekend. Inspector Gray contacted the property owner Joel Jaurez. The owner said he lives in town and is allowing a friend with an oil field business to store material and equipment on the property. Inspector Gray conducted a site inspection with the owner on January 24 and discovered there was far more being stored on the site than an accessory rural occupation would allow at the expanded level.

 

Inspector Gray asked the owner and business operator to send in an email proposing a timeframe to remove the oil field business equipment and directed them not to bring anything else on to the property. Neighbors left voice messages saying additional materials and equipment were being brought on to the property. The email was not received until after this public meeting was set stating the business equipment would be removed by the end of April if they can secure another location. A public meeting was set for the neighbors to voice their concerns and to set a solid deadline for the removal of the business equipment.

 

Mr. Gray detailed the staff findings:

 

A.        The property is zoned O-Open.

 

B.         In the O-Open Zoning District, Outdoor Storage is not listed as a principal use and would require approval through the Special Exception process.

 

C.         Section R105.1 of the International Residential Code provides: Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, including bridges and culverts, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

 

D.        Most of this property is located within the FEMA floodway where the outdoor storage and new buildings associated with the oil field business are located.

 

Mr. Gray presented letters for the Board to review from the Wellington Zoning Director and neighbors who could not be present.

 

Staff recommends that the Board of County Commissioners set a deadline for the property to be brought into compliance and authorize Code Compliance to initiate legal action if the property is not in compliance by the deadline.

 

Chair Johnson invited Joel Juarez, owner of the property in question, to address the Board.

Mr. Juarez gave comment concerning his willingness to fix the issues. He stated that upon giving his friend permission to store items on the property, he did not know that the items were large oil and gas equipment. Mr. Juarez said he has no set date to have the equipment removed but his friend is working with a bank to secure a place to move everything to.

 

The Board asked for clarification on the set date of April 30, 2020, and inquired about the location of the new properties the equipment is to be moved to. Mr. Juarez stated one property would be in Larimer County and one would be in Weld County.

 

Chair Johnson invited members of the public to make comment.

 

Joanne Bowen and Tracy Kasubick addressed the Board to express concerns over possible oil field equipment chemical runoff which may settle into the land, the views and adjoining property values.

 

The Board inquired about the quick deadline. Mr. Gray stated he had been working on the issue since January; but recently, the state of the global pandemic has been slowing the process.

 

The Board discussed the oil equipment company’s attorney, concerns about the chemicals, and pushing back the deadline.

 

M O T I O N

 

Commissioner Donnelly moved that the Board County Commissioners set a deadline of June 30, 2020, for the property to be brought into compliance and authorize Code Compliance to initiate legal action if the property is not in compliance by the deadline in regards to the outdoor storage of oil and gas construction materials and equipment along with the building code violations.

 

Motion Failed 1-2, Chair Johnson and Commissioner Kefalas Dissenting

 

M O T I O N

 

Commissioner Kefalas moved that the Board County Commissioners set a deadline of April 30, 2020, for the property to be brought into compliance and authorize Code Compliance to initiate legal action if the property is not in compliance by the deadline in regards to the outdoor storage of oil and gas construction materials and equipment along with the building code violations, with an amendment to have the deadline remain April 30, 2020, for the land use violations, but allow more time for Mr. Juarez to work with the Code Compliance and Building Inspection departments to find an appropriate timeline regarding the building code violations.

 

Motion Carried 3-0

 

The Board recessed at 3:30pm.

 

 

 LAND USE HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided; Commissioner Kefalas was present. Also present was: Kayleigh Ogden, Deputy Clerk.

 

Commissioner Johnson opened the meeting by explaining that due to the COVID-19 pandemic, the Board decided the item on the agenda would be tabled to a later date. He explained that Mr. Lafferty would outline how the public could comment and watch the hearing through virtual access and encouraged the public to email comments concerning the regulations.

 

 

1.    AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE REGARDING OIL AND GAS REGULATIONS, FILE #20-CODE0245

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners continue the March 23, 2020, Land Use Hearing concerning Amendments to the Larimer County Land Use Code Regarding Oil and Gas Regulations to April 6, 2020, at 6:30 p.m. in the first floor Hearing Room of the Larimer County Courthouse Office Building.

 

Motion Carried 2-0

 

Chair Johnson turned the meeting over to Mr. Lafferty.

 

Mr. Lafferty outlined resources to watch the proceedings online. He encouraged the public not to come due to the limit of ten people to a gathering and urged the public to submit concerns and comments through email instead.

 

With there being no further business, the Board adjourned at 6:35 p.m.

 

 

TUESDAY, MARCH 24, 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 Kayleigh Ogden, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.    PUBLIC COMMENT: There was no public in attendance for comment.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 16, 2020

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of March 16, 2020.

 

Motion Carried 3-0

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 30, 2020:   Ms. Gimeson reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:  

 

03242020A001            CONSTRUCTION SERVICES AGREEMENT (B20-03) BY AND BETWEEN LARIMER COUNTY AND E.T. TECHNOLOGIES INC.

 

03242020A002             CONSTRUCTION SERVICES AGREEMENT (B20-04) BY AND BETWEEN LARIMER COUNTY AND E.T. TECHNOLOGIES INC.

 

03242020A003            CULVERT EASEMENT WITH LARIMER COUNTY, COLORADO

 

MISCELLANEOUS: Stipulation as to Tax Year 2019 Value for Pataskala LLC R1576780; Certificate of Designation Referral Letter to the Colorado Department of Health & Environment; Stipulation as to Tax Year 2019 Value for Graves Avenue Plaza R1640201; Stipulation as to Tax Year 2019 Value for Mary A. Payne R1372785.

 

LIQUOR LICENSES: The Following Manager Registration was approved: Golf Club at Fox Acres – Red Feather Lakes – Hotel & Restaurant Liquor License.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda for March 23, 2020.

 

Motion Carried 3-0

 

5.         COMMISSIONERS GUESTS: Nick Christensen, Homeland Security Advisory, Larimer County Sheriff's Office; Gordon Thibedeau, former CEO United Way of Larimer County; Annie Davies, President and CEO United Way of Larimer County; Ray Caraway, Community Foundation of Northern Colorado; David May, President and CEO Fort Collins Area Chamber of Commerce; Adam Crow, Economic and Workforce Development Department addressed the Board concerning the Larimer County Community Support Task Force. Joining by teleconference were: Mindy McCloughan, President and CEO Loveland Chamber of Commerce, and Cheryl Zimlich, Executive Director Bohemian Foundation.

 

Mr. Christensen began by giving a summary of what the Larimer County Community Support Task Force is and what the task force is doing in the time of the COVID-19 pandemic crisis. He stated that in addition to the serious physical health impacts for some, the COVID-19 pandemic is impacting the economic well-being and emotional health of the people of our county. Employers, employees, families, and individuals of all ages and circumstances are experiencing significant, adverse life changes due to business closures and drastically reduced economic activity along with diminished social connection and support.

 

He explained that Larimer County is a resilient community, and many are already finding ways to cope and help others, but for many, additional assistance and resources will be required.

 

Community organizations have convened and are facilitating discussions among the county’s chambers of commerce, economic development offices, social services agencies (represented by United Way), and philanthropic organizations on how best we can cooperatively address critical needs in our community. The needs are great and varied and this is an ongoing incident that will take time to resolve. The leaders and staffs of these organizations are the experts at what they do, and actively engaged in shaping and implementing a variety of efforts to begin to address these requirements. He explained his roles have been to merely convene these leaders and foster collaborative, county-wide discussions, and information sharing, as this crisis evolves. The task force is comprised of a diverse group of service entities working cooperatively in response to a unique and complex challenge to the community as part of the response to this worldwide pandemic.

 

Mr. Thibedeau expressed that non-profits are needed more than ever to meet community needs during the pandemic.

 

Ms. Davies explained that the United Way has started initiatives for support, discussed collaboration to gather funds for relief efforts, and the Meals on Wheels program delivering foods to seniors in the community.

 

Mr. Caraway addressed the challenges to the economy and long-term implications he believes will last for years. He said the Community Foundation of Northern Colorado is addressing the need of the most vulnerable and effected within the area’s economy.

 

Mr. May stated that keeping people safe is the Chamber’s top priority, but keeping people employed is of utmost importance as well. Mr. May discussed the Small Business Administration, bridge funds for businesses, local business relief and assistance funds, current government fees and tax breaks, time and use policy rates, and conversations with landlords and lenders concerning forbearance.

 

Mr. Crow went over the Workforce Centers resources, communication and collaboration. He explained the department is looking at how to make sure they have the ability to support small businesses as loan options deplete. The department is also helping businesses work with unemployment systems and connecting with the Emergency Operations Center.

 

Chair Johnson invited Larimer County Treasurer Irene Josey to comment on Governor Polis’ property tax due dates extensions.

 

Treasurer Josey addressed the Board to discuss the extension of due dates and delinquent interest waivers. She also expressed gratitude to the community for responding so well and gave thanks to the County Manager for her impressive strength and decision making during the crisis.

 

Ms. McCloughan went over the Loveland Chamber’s efforts to help with a business recovery fund, similar to the fund created during the 2013 flood, that the Chamber is working on. She stated the Chamber is also working to collect as much data as is possible and sharing that info with local businesses.

 

Ms. Zimlich stated that the Bohemian is focusing on identifying gaps within housing and health and collecting information to get back to the non-profits.

 

The Board expressed gratitude for the collaboration and coordination among the organizations and inquired about expediting processes for obtaining Small Business Administration (SBA) low interest loans.

 

Mr. May and Mr. Crow explained that the application process of obtaining SBA loans takes time. Mr. Crow went over actions small business can take to make the process run smoother and potentially faster, but that he anticipated many applications flooding in during this time. Mr. May discussed city programs that could be of assistance.

 

Chair Johnson invited Michelle Bird, Larimer County Public Affairs Director, to discuss efforts on addressing the shortage of personal protective equipment.

 

Ms. Bird stated that Larimer County is to host a Personal Protective Equipment (PPE) drive. Residents can donate only unused, unopen PPE. No used PPE, clothing, food/water, or handsewn masks will be accepted at this time. Drop off locations will be Fire Stations and a few Emergency Medical Stations with specific information available on the Larimer County website.

 

6.          COUNTY MANAGER UPDATE:  Ms. Hoffmann updated the Board on this week’s coordination meetings and 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 10:15 a.m.

 

 

SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER TEMPORARY OPERATIONAL MODIFICATIONS TO PROTECT HEALTH AND SAFETY

 

The Board of County Commissioners met at 3:00 p.m. with Linda Hoffmann, County Manager. Chair Johnson presided. Commissioner Donnelly and Commissioner Kefalas were present. Also present were: Lorenda Volker, Assistant County Manager; Alisha Jeffers, Commissioners’ Office; and Kayleigh Ogden, Deputy Clerk. Joining by teleconference were: Lori Hodges, Director of Emergency Management; and Tom Gonzales, Public Health Director.

 

1.           RESOLUTION MODIFYING COUNTY BUSINESS OPERATIONS – USING BEST PRACTICES AND RECOMMENDED GUIDELINES TO PROTECT LARIMER COUNTY EMPLOYEES AND RESIDENTS DURING THE COVID-19 EMERGENCY: Ms. Hoffmann presented the state of modifications that have been put in place to protect the public and employees and explained that local government has obligations that must be met. County departments were asked to put together operational plans that maintained a balance between the responsible use of taxpayer dollars and also maintained public resources.

 

The resolution includes a recounting of public health orders from the federal, state and local levels. It covers social distancing while maintaining public resources, policies from the Board of County Commissioners, proposals to reduce the concentration of staff, extended work hours of the employee pool by introducing shifts, telework options including electronic and telephonic resources, and more.

 

The administration is looking at closing County buildings to public access while keeping transactions that must happen face to face accessible. However, the decision to close would not happen without 24 hours of notice.

 

The main function of the resolution is to allow permission for the Commissioners to make quick decisions concerning public and staff safety when imminently needed.

 

The Board inquired about public access to read the resolution.

 

Ms. Hodges stated that the Board of County Commissioners webpage would be the best repository to post the resolution for the public. She expressed that the resolution is a needed step to allow decision-making flexibility as events evolve. Mr. Gonzales explained that this is a great step in the direction to reduce transmission of the virus in attempt to flatten the curve of infection cases.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Resolution Modifying County Business Operations Using Best Practices and Recommended Guidelines to Protect Larimer County Employees and Residents During the Covid-19 Emergency.

 

Motion Carried 3-0

 

With there being no further business, the Board adjourned at 3:10 p.m.

 

 

THURSDAY, MARCH 26, 2020

 

 LAND USE HEARING

 

The Board of County Commissioners met at 6:00 p.m., with Lesli Ellis, Community Development Director. Chair Johnson presided, Commissioner Donnelly and Commissioner Kefalas were present. Also present were: Linda Hoffman, County Manager; Amy White and Michael Whitley, Community Development Department; Traci Shambo, Engineering Department; Frank Haug, County Attorney’s Office; and Kayleigh Ogden, Deputy Clerk.

 

Chair Johnson opened the hearing by explaining virtual access and status of the hearing. He also gave a summary of the Intergovernmental Agreement process that has been in deliberations for the past year or more between Larimer County and Estes Valley.

 

1.          ESTES VALLEY SUPPLEMENTAL REGULATIONS - AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE, FILE #20-CODE0244: This item is to amend the Larimer County Land Use Code to include supplemental regulations that will incorporate and maintain existing zoning districts, permitted uses, use regulations, development standards, and definitions from the Estes Valley Development Code. Proposed regulations describe the procedures to be used in the processing of applications. The supplemental regulations (New Section 4.2.5 and new Section 19.0) will apply to the unincorporated area of the Estes Valley and are scheduled to take effect on April 1, 2020. Additional minor amendments are proposed for the Larimer County Land Use Code Definitions (Sec. 0.0) and to procedures and standards in section 2.4, section 3.6, sections 4.3, 4.5, 4.6, 5.0, 8.0, 12.0, 16.0, and 22 to achieve consistency with the Estes Valley supplemental standards.

 

Ms. Ellis summarized the background. For the past twenty years the Town of Estes Park and Larimer County have had an Intergovernmental Agreement IGA) in place to guide land use planning and development review in the Estes Valley (Figure 1) hereby the Town staff provided development review for lands in the unincorporated area using the Estes Valley Development Code (EVDC). County engineering has always been responsible for development review in the unincorporated valley.

 

The IGA expires on April 1, 2020, after Town Trustees and County Commissioners extended it a 6th time from an expiration of Feb. 1, 2020. The extension gave the Town and County time to prepare for an begin administering development review for respective jurisdictions that will begin on April 1, 2020. Because Larimer County will be newly providing development review in the unincorporated Estes Valley, it is necessary to adopt standards. On March 4, 2020, the Planning Commission held a hearing to review the proposed Land Use Code regulations, and staff outlined the packet and regulations. With no members of the public to comment, the Planning Commission moved the item to approve by consent as presented in the packet. After several questions of staff, the Commissioners unanimously recommended approval by a vote of 7 to 0.

 

There are two review criteria for amendments to the text of the Land Use Code:

 

A.        The proposed changes are consistent with the Master Plan (Comprehensive Plan) and the intent and purpose of the County’s Master Plan. As part of the Intergovernmental Agreement, the Town and County jointly adopted the Estes Valley Comprehensive Plan which has been the guide for land use in the Estes Valley. The proposed regulations are consistent with the comprehensive plan for the Estes Valley as a component of the County’s Comprehensive Plan. The proposed standards carry forward the zoning districts, permitted uses and other standards and regulations that were initially established to reflect the jointly adopted comprehensive plan for the Estes Valley.

 

B.         The proposed changes are necessary to correct an omission or error in the Land Use Code. The County’s Land Use Code does not include standards for the Estes Valley. It is necessary to include the proposed standards in the Land Use Code to be able to provide development review services beginning on April 1, 2020.

 

The Board inquired about language and definitions.

 

Ms. Ellis explained that the language was carried over directly from the Estes Valley Development Code. Mr. Whitley stated that the Larimer County Land Use Code mirrors language used at the State level and the adoption of the new code is a great opportunity to reevaluate and update language and definition.

 

The Board also inquired about the controversial activities of vacation rentals and the collectively adapted cap.

 

Ms. White addressed the Board to state the total area cap was 588 registrations for vacation rental homes, and Larimer County is seeing around 270 coming in.

 

Chair Johnson invited members of the public to make comment.

 

Danny Gigax, joining by telephone, stated that he and the surrounding neighbors’ biggest concerns where how the new zoning codes would affect land value. Mr. Gigax explained that if the new code allows for development in the open space it could increase noise and traffic, could cause a decline in home value, and create hardships with partial access.

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the proposed amendments, file 20-CODE0244, to replace the Estes Valley Development Code with new sections 4.2.5 and 19 in the Larimer County Land Use Code and minor amendments to other sections, as follows in Attachment A.

 

Motion carried 3-0

 

With there being no further business, the Board adjourned at 6:35 p.m.

 

 

 

____________________________________

STEVE JOHNSON

BOARD OF COUNTY COMMISSIONERS

BOARD OF COMMISSIONERS

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Kayleigh Ogden, Deputy Clerk