MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, APRIL 20, 2020

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m., with Don Threewitt, Principal Planner. Chair Johnson presided. Commissioner Donnelly and Commissioner Kefalas were present. Also present were: Jennifer Cram and Tracy Hicks, Community Development; Jeannine Haag, 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.          GIRTON APPEAL, FILE #20-ZONE2635: This request is an appeal to Section 4.3.10.H.c of the Land Use Code which limits the size of a detached accessory living area to 40% of the square footage of the single-family dwelling, excluding any garage or basement area, whether finished or not, or 800-square-feet, whichever is less.

 

The property is a 1.32-acre parcel located in LaPorte, CO. The existing 700-square-foot residence is proposed to be the new detached accessory living area. The proposed new primary residence will be a 1,472-square-foot one-bedroom apartment to be constructed inside an existing pole barn on the property. As noted above, the square footage of the detached accessory living area is limited to 40% of the square footage of the single-family dwelling, excluding the basement area. Thus, the detached accessory living area is limited to 588 square feet.

 

The applicant’s project description indicates that the proposed 700 square foot detached accessory living area (previously designated as the primary/main residence) will be used for the Girton’s son. The property owners submitted a Public Site Plan application and size appeal.  If the size appeal is granted by the Board of County Commissioners, the Public Site Plan can be approved administratively by the Community Development Director. Both dwellings will share an access point onto West County Road 54G. Adequate parking for the residence and accessory living area are provided within the existing driveway

 

22.2.3 REVIEW CRITERIA FOR APPEALS TO DEVIATE FROM STANDARDS OR REQUIREMENTS OTHER THAN MINIMUM LOT SIZE

 

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. The purpose of section 4.3.10.H.c is to allow for accessory living areas that are incidental to the primary use of the property as single-family residential and of an appropriate scale.  The size limitation was included to ensure the accessory living area use remains accessory and to prevent the use from turning into multi-family residential and/or rentals where it is not permitted.  The proposed accessory living area at 700-square-feet is less than 800-square-feet, but greater than 40% of the main floor of the primary residence. As noted above, the total square footage of the new primary residence is 1,472-square-feet. Given that the accessory living area will not be rented, would not be out of scale for the residence and property, and can meet all other Land Use Code requirements, approval of the appeal would not subvert the purpose of the size standard.

 

B.         Approval of the appeal will not be detrimental to the public health, safety or property values in the neighborhood. Notice of the Public Site Plan application and size appeal were sent to surrounding property owners. None of the neighbors have expressed concern. It is not anticipated that granting the appeal would create any adverse impacts to easements or emergency access or be detrimental to the public health, safety or property values in the neighborhood. 

 

C.         Approval of the appeal is the minimum action necessary. Approval of the appeal is the minimum action necessary to allow for the existing home on the property to be designated as the accessory living area.

 

D.        Approval of the appeal will not result in increased costs to the general public. It is not anticipated that the project will result in the need for improvements to public facilities or increased costs to the public.

 

E.        Approval of the appeal is consistent with the intent and purpose of the Code. The intent of the detached accessory living area regulations is to allow guest quarters that are secondary to the principal single-family home on the property and compatible with uses in the surrounding area.   While the proposed appeal exceeds 40% of the size of the proposed new primary home excluding the finished basement, it is less than 800 square feet and clearly subordinate in size to proposed new primary residence (1,472 square feet). Therefore, approval of the appeal would be consistent with the intent and purpose of the Code.

 

The following comments were submitted by County departments.  The Engineering Department noted that Transportation Capital Expansion Fees will be required at the time of building permit. Additionally, the Engineering Department does not anticipate the request will adversely impact the drainage patterns on the site but if drainage is altered, the property owners will have to submit a drainage report for staff review. The Health Department reported that a septic permit was issued in 2012 for three bedrooms.  It has been confirmed with the owners that that the primary one-bedroom residence as well as the one-bedroom accessory dwelling will be connected to this septic system. The septic system will have capacity.  The Building Department noted that building permits will be required.  Lastly, the Addressing Coordinator indicated that if the Public Site Plan and appeal is approved an address is ready for the dwelling. 

 

The West Fort Collins Water District commented that they will not require an additional tap for the new residence because it is not on a separate parcel.

 

The Development Services Team recommends approval of the Girton Public Site Plan and appeal, File #20-ZONE2635 with the following condition:

 

A.        The accessory living area shall be limited to 700-square-feet in size.

 

B.         The proposed new primary residence shall be at least 1,472-square-feet in size.

 

C.         The use of the existing dwelling as an accessory living area shall be approved through the public site plan process.

 

The Development Services Team notes that if the proposed appeal is approved, additional conditions will be placed on the Public Site Plan approval including the need for obtaining all applicable permits and an expiration of the Public Site Plan approval.

 

2.         MERCURIO APPEAL, FILE #20-ZONE2633: This request is an appeal to Section 4.3.10.H.c of the Land Use Code which limits the size of a detached accessory living area to 40% of the square footage of the single-family dwelling, excluding any garage or basement area, whether finished or not, or 800-square-feet, whichever is less.

 

The property is a 10-acre parcel located in Bellvue, CO. The property was developed in the 1960’s as a dairy farm. The property contains an existing residence, a detached garage, dairy barn and wood shop. The existing residence was constructed in 1965 and is 2,320-square-feet including a 1,120-square-foot unfinished basement. Thus, the main level with existing living area is 1,200-square-feet. The applicants have noted that they would be comfortable signing a use affidavit that the unfinished basement under the existing residence will only be used for storage.

 

A second dwelling is proposed within the existing dairy barn with 2,744-square-feet of living space. The applicants would like to utilize this dwelling as the primary residence to allow them to age in place and maintain the existing residence built in 1965 as a detached accessory living area. As noted above, the square footage of the detached accessory living area is limited to 40% of the primary residence, or 800 square feet. As proposed, the detached accessory living area exceeds 40% of the proposed primary residence and the 800 square foot maximum.

 

The applicant’s project description indicates that the detached accessory living area will be used for occasional guests, as space in the proposed primary residence is limited. The property owners submitted a Public Site Plan application and size appeal.  If the size appeal is granted by the Board of County Commissioners, the Public Site Plan can be approved administratively by the Community Development Director. Both dwellings will share the existing access point off of Rist View Road. Adequate parking for the residence and accessory living area are provided within the existing driveway.

 

The Development Services Team evaluates each request on its own merits but historically has supported accessory living areas up to 1,200 square feet in detached buildings.

 

22.2.3 REVIEW CRITERIA FOR APPEALS TO DEVIATE FROM STANDARDS OR REQUIREMENTS OTHER THAN MINIMUM LOT SIZE

 

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.

The purpose of the section is to allow for accessory living areas that are incidental to the primary use of the property as single-family residential and of an appropriate scale.  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 actual square footage of the existing farmhouse is 2,320-square-feet with a 1,120-square-foot unfinished basement. The living area on the main level is 1,200-square-feet. The applicants have noted that they would be comfortable signing a use affidavit that the unfinished basement under the existing residence will only be used for storage. A condition of approval will be included as part of the Public Site Plan resolution. As such, the 1,200-square-foot main living area that is above grade is subordinate to, or accessory to the existing dairy barn (proposed primary residence) and will continue to maintain the single-family residential and agricultural character of the historic dairy farm and the area. No new structures are proposed on the property as a result of the request. Given that the accessory living area will not be rented, would not be out of scale for the property, and can meet all other Land Use Code requirements, approval of the appeal would not subvert the purpose of the size standard.

 

B.         Approval of the appeal will not be detrimental to the public health, safety or property values in the neighborhood. Notice of the Public Site Plan application and size appeal were sent to surrounding property owners.  The neighbors have not expressed any concerns up to this point. The Engineering Department did not have concerns and noted that parking for both dwellings will not interfere with the right-of-way. The Health and Environment Department noted that the on-site septic systems can serve the existing residence (proposed accessory living area) and proposed primary residence within the dairy barn. Water will be provided by the West Fort Collins Water District. It is not anticipated that granting the appeal would be detrimental to the public health, safety or property values in the neighborhood.

 

C.         Approval of the appeal is the minimum action necessary. Approval of the appeal is the minimum action necessary to allow for the existing residence built in 1965 to be accessory to a new primary residence within the existing dairy barn. The proposed primary residence will allow the applicants to age in place.

 

D.        Approval of the appeal will not result in increased costs to the general public. It is not anticipated that the project will result in the need for improvements to public facilities or increased costs to the public.

 

E.        Approval of the appeal is consistent with the intent and purpose of the Code. The intent of the detached accessory living area regulations is to allow guest quarters that are secondary to the principal single-family home on the property and compatible with uses in the surrounding area.   While the proposed appeal exceeds 40% of the proposed primary residence and 800 square feet, it does not change the existing character of the property. So long as the unfinished basement is used for storage only, the living area on the main level at 1,200 square feet is consistent with the size of other accessory living areas that have been approved in the past. Therefore, approval of the appeal would be consistent with the intent and purpose of the Code.

 

The application has been referred to a multiple of County offices for comment. The Engineering Department noted that Transportation Capital Expansion Fees will be required at the time of building permit and no additional access permits will be issued. The Health Department reported that there are two septic permits for the property that are adequate to serve both dwellings. The Building Department noted that proper building permits would be required.  Lastly, the Addressing Coordinator reported that if this Public Site Plan and appeal is approved, the Accessory Living Area will have an address ready for use.

 

The Poudre Fire Authority noted that the proposed dwelling in the existing dairy barn may require fire separation between uses. The County did not receive comments from the West Fort Collins Water District, but a commitment letter will be required before the Public Site Plan resolution is approved.

 

The Development Services Team recommends approval of the Mercurio Appeal, File #20-ZONE2633 with the following condition:

 

A.         The Accessory Living Area shall be located as shown on the approved site plan.

 

The Development Services Team notes that if the proposed appeal is approved, additional conditions will be placed on the Public Site Plan approval including the requirement for a use affidavit limiting the unfinished basement to be used for storage only, the need for obtaining all applicable permits and an expiration of the Public Site Plan approval.

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the Consent Agenda and the Findings and Resolutions for Monday, April 20, 2020, and further moves authorizing the Chair to sign the Findings and Resolutions.

 

Motion passed 3-0

 

With there being no further business, the Board adjourned at 3:05 p.m.

 

 

 

 

 

 

 

 

 

TUESDAY, APRIL 21, 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, Commissioner’s Office and Elizabeth Carter, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.          PUBLIC COMMENT: No members of the public addressed the Board

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 13, 2020

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of April 13, 2020.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 27, 2020:   Ms. Gimeson reviewed the schedule for the upcoming week with the Board.

 

4.         CONSENT AGENDA:  

 

04212020A001             FIBER USE LICENSE AGREEMENT BY AND BETWEEN LARIMER COUNTY AND PLATTE RIVER POWER AUTHORITY (PRPA)    

 

04212020A002            FIBER USE LICENSE AGREEMENT BY AND BETWEEN LARIMER COUNTY AND PLATTE RIVER POWER AUTHORITY (PRPA), FORT COLLINS RING                     

 

04212020A003             FIBER USE LICENSE AGREEMENT BY AND BETWEEN LARIMER COUNTY AND PLATTE RIVER POWER AUTHORITY (PRPA), LOVELAND RING    

 

04212020A004             CONSTRUCTION SERVICES AGREEMENT PROJECT NO. 8502 – HORSESHOE VIEW ESTATES SOUTH PID – ROADWAY CONSTRUCTION (B20-05) BY AND BETWEEN LARIMER COUNTY ENGINEERING AND DON KEHN CONSTRUCTION, INC.

 

04212020A005            TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BY AND BETWEEN LARIMER COUNTY AND FORT COLLINS-LOVELAND WATER DISTRICT

 

04212020A006            EASEMENT AND RIGHT-OF-WAY AGREEMENT BY AND BETWEEN LARIMER COUNTY AND FORT COLLINS-LOVELAND WATER DISTRICT

 

04212020A007             AMENDMENT #3 TO PROFESSIONAL SERVICES AGREEMENT (RE: P17-17, ARMED SECURITY GUARD SERVICES – FACILITIES DEPT.) BY AND BETWEEN LARIMER COUNTY AND G4S SECURE SOLUTIONS

 

04212020R001             FINDINGS AND RESOLUTION DENYING THE ARISE MUSIC FESTIVAL SPECIAL EVENT               

 

MISCELLANEOUS : Stipulation as to Tax Year 2019 Value: 8th Ave Lodging LLC- Schedule Number: R0678210.; Stipulation as to Tax Year 2019 Value-CF Hospitality, Inc, Schedule Number: R0338095; Stipulation as to Tax Year 2019 Value-Willco VI Development LLLP, Schedule Number: R1645752; Stipulation as to Tax Year 2019 Value-Centerra Flex Two LLC, Schedule Number: R1646703; Stipulation as to Tax Year 2019 Value-Big Lincoln Place CO LLC, Schedule Number: R1651626; Recommended Mid-Term Appointment to the Pinewood Springs GID #2: Thomas Tuer.

 

LIQUOR LICENSES : Glen Haven General Store – Glen Haven– Fermented Malt Beverage On/Off Premises; Beaver Meadows Resort Ranch – Red Feather Lake– Hotel and Restaurant

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Consent Agenda for April 21, 2020.

 

Motion carried 3-0

 

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

 

6.         COVID-19 UPDATES AND DECISIONS: Linda Hoffmann, County Manager. Ms. Hoffmann provided the Board with two updates and a precursory note. First, Ms. Hoffman noted that the stay-at-home orders in the county and the state expire next weekend.  She reported that staff, especially the Public Health Department, is working on a step-down plan for re-opening the county.  Ms. Hoffmann relayed that staff continues to await further direction from the state as to specific guidelines for a re-opening. Second, Ms. Hoffman reported to the Board that the Recovery Manager has been fully onboarded.  The county, in partnership with the United Way, has hired Laura Levy to serve in this role. Ms. Hoffmann noted that Ms. Levy has served in similar capacities after recent flood and fire disasters.

 

Lastly, Ms. Hoffman conveyed to the Board that next week a measure will be brought forward to assist childcare facilities in the purchasing of cleaning supplies. She noted that the county is working to implement a system for documenting licensed childcare providers. This will allow these providers to produce documentation at grocery stores and other stores selling cleaning products to purchase needed supplies to sanitize their facilities. Currently, providers are often being bound by household limits at stores and are not able to secure an adequate amount of cleaning supplies and paper products.

 

There was a discussion between the Board and the County Manager regarding the Alternative Care Facility slated to be located at the Ranch and that the facility would be holding 200 potential beds versus the 1000 beds initially projected. Ms. Hoffman noted that the situation was evolving and that there might be a scale back in the conversion of the facility. Additionally, there was discussion regarding the lease and the ability of the state to vacate the premises early or in incremental stages. Lastly, the Board and the County Manager discussed the county fair, the potential of alternative sites for the fair, and having a scaled back version of the event.

 

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

 

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

 

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

 

 

 

                                                           

                                                            ____________________________________                       

                                                            STEVE JOHNSON

                                                            BOARD OF COUNTY COMMISSIONERS

 

 

 

ANGELA MYERS

 

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Elizabeth Carter, Deputy Clerk