MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, march 11, 2019.

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m., with Carol Kuhn, Principal Planner. Chair Donnelly presided, and Commissioner Johnson and Commissioner Kefalas were present. Also present were: Leslie Ellis, Community Development Director; Katie Beilby and Samantha Mott, Community Development; Chad Gray and Karin Madson, Code Compliance; Rebecca Smith, Community Development; Clint Jones, Engineering; Lea Schneider, Health Department; Jeannine Haag, County Attorney; and Deirdre O’Neill, 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.

 

1.          DONALDSON RURAL LAND PLAN, FILE 18-LAND3780: This  is a request to divide 143-acres into five (5) single-family residential lots, ranging  in size from 3 to 6.5-acres one (1) residential lot approximately 10-12 acres in size, and one (1) Residential Lot approximately 72 acres in size that will be protected from any further development for a minimum of forty years, as required under the Rural Land Use Process (RLUP).

 

The Donaldson RLP is located at the northeast corner of the intersection of County Road 9 and County Road 30 in the area between Fort Collins and Loveland Colorado, the Fort Collins-Loveland Corridor.  The property is located northeast of the Fort Collins/Loveland Airport.  There is an unnamed ditch that runs through the property as well as the 35 acres Nelson Reservoir 

 

The property is zoned AP-Airport and includes irrigated agricultural land, a tree farm, wildlife habitat, and open space as well as a single-family-dwelling and associated accessory buildings.  The tree farm use will continue the Residual Lot and the allowed uses will be agricultural related.  The owner of the residual lot will be responsible for maintaining the residual land and for providing a periodic monitoring report(s) to the County.

 

The surrounding properties consist of open space, residential uses, business uses, and agricultural uses.   The surrounding properties are a variety of sizes:

-   a 60 and 97-acre parcel directly to the north

-   parcels ranging in size from 3.25 to 121 acres to the west

-   a larger airport parcel to the south (812 acres) as well as residential lots from 5 to 8-acres in size and a 21-acre parcel with the Larimer County Humane Society

-   residential lots to the east ranging in size from 0.5 to 0.8 acres with associated open space approximately 40 acres in size. 

 

There are also several other approved land divisions in the vicinity including exemptions and Planned Unit Developments. 

 

The property is Lot 2 of the Donaldson Minor Land Division that was approved in 2010 which split off a commercial property located northwest of the subject parcel. 

 

The property is approximately 143 acres in size which includes the Nelson Reservoir.  The Nelson Reservoir is approximately 35 acres in size and was not included in the area for calculation for the Rural Land Plan.  Approximately 108 acres was used for calculating the area to be developed and the residual land. 

 

This property is currently accessed from County Road 30 and that access will be retained.  The applicant is also planning for a secondary access for the new lots that will line up with the Larimer County Humane Society access to the south.  Additional right-of-way for County Roads 9 and 30 will be dedicated with the final plat. 

 

The existing lot is served by a public water and on-lot septic.  Water will be provided by Fort Collins-Loveland Water District.  Lots will utilize on-lot septic systems.  Electricity will be provided by Poudre Valley REA, and gas will be provided by Xcel Energy.

 

The Development Services Team recommends that the Board of County Commissioners approve the Donaldson Rural Land Plan, File #18-LAND 3780, subject to the following conditions which must be met prior to approval of final plat by the Board of County Commissioners:

 

 

1.         The final plat shall be consistent with the approved preliminary plan and with the information contained in the Donaldson Rural Land Plan (File # 18-LAND3780) 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 Donaldson Rural Land Plan.

 

2.           Public water will be provided for this project.  A letter of commitment from the water provider must be provided prior to final plat approval.  This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the District.  If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code. 

 

3.         All roads and drainage shall be in accordance with Section 5.8.6.D of the Rural Land Use Process.  The drainage review must include information about the effects of the proposal on existing drainage patterns and address concerns about future site grading and/or storage ponds plans that might impact the on-lot septic systems and outlines plans for mitigation of such effects.  Before final approval, all designs must be prepared, stamped, and certified by a qualified professional engineer licensed in the State of Colorado that design standards in 5.8.6.D. were followed.

 

4.         The applicant must obtain an access permit for the new access and any existing access points that have a change in use from the Larimer County Access Coordinator prior to commencing any construction on the project.  The applicant and applicant's engineer must contact the Larimer County Access Coordinator to discuss access design requirements.  The applicant shall comply with all such design requirements. The applicant's plans must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that they meet the access design requirements.

 

5.         The owners shall dedicate a 60-foot half section of right-of-way along Larimer County Road 9 and a 60-foot half section of right-of-way along County Road 30.  This dedication shall be shown on the final plat. 

 

6.         Road names and addressing shall meet standards in the “Road Naming and Site Addressing System Resolution”. 

 

7.         If fences and existing trees are currently located in the existing or newly dedicated right-of-way, the applicants shall enter into a binding fence removal agreement with the County which, at the request of the County, shall obligate the owners to remove, at their expense, the existing fences in the dedicated half section of right-of-way.  No new fences, trees or buildings shall be allowed in the right-of-way; however, repair and maintenance of existing fences shall be allowed.  The fence removal agreement shall be reviewed and approved by the County Attorney. 

 

8.         On-site septic systems for each lot will be required to meet the requirements of the Larimer County Health Department for the new lots.

 

9.         Automatic fire protection sprinklers will be required for all new residential structures or another approved fire plan approved by Poudre Fire Authority or written permission to deviate from this requirement must be provided from the fire district.

 

10.       The residual land management plan must be reviewed and approved by Development Services Team (DST) prior to final plat approval. 

 

11.       The residual land protective covenant and final development agreement must be reviewed and approved by the County Attorney and the DST prior to final plat approval.

 

12.       Restrictive covenants (if any), including provisions for internal road maintenance, small acreage management, architectural guidelines, and other requirements must be reviewed and approved by the DST prior to final plat approval OR at minimum, a Road Maintenance Agreement must be submitted and reviewed and approved by the County Attorney and DST prior to final plat approval. 

 

13.       A Lot Sale Prohibition shall be placed on this property preventing the sale of any new lots until the applicable improvements (i.e., legal access and public utilities, including but not limited to roads, water supply and electricity) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred, or conveyed unless and until Developer provides written designation stating the improvements have been completed for the lot proposed to be sold, transferred, or conveyed.  The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots.  Upon receipt of such written designation, County will provide to the Developers a release of the Lot Sale Prohibition for the particular lot(s) for which the improvements have been completed.

 

14.       An avigation easement will need to be submitted, reviewed, approved, and recorded prior to recordation of the final plat.

 

15.       A plat note must be included addressing noise issues due to the proximity to the airport. 

 

16.       This proposal must comply with federal regulations in order to ensure it will not pose an aeronautical hazard and in order to minimize effects.

 

17.       The following must be listed on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase:

 

a)         The Donaldson RLUP was approved by Larimer County under the County’s Rural Land Use Process.  This is an abbreviated review process and does not involve the higher scrutiny afforded projects developed under other County land division processes.

 

b)         Passive radon mitigation measures shall be included in construction of structures designed for habitable space 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.

 

c)        Engineered footings and foundations may be required for new habitable construction. Please check with the Larimer County Building Department for requirements prior to submitting a building permit application.

 

d)       Lot owners should be advised that there are potential noise issues due to the proximity to the airport.

 

e)        Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes).  The Colorado Parks and Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise.

 

f)          Many other species of wildlife live in the area; some can be dangerous to humans and pets.  It must be remembered that landowners will be living with wildlife.  Species that may be found in the area are coyotes, mountain lions, bobcats, skunks, badgers, raccoons, deer, elk, hawks, owls and eagles.

 

g)         During certain times of the year, mosquitoes may present a significant nuisance.  Larimer County does not have a mosquito abatement program.  Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations.

 

h)         Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property.  At times, these animals are implicated in the transmission of plague to people or their pets.  It is important for residents to observe animal control requirements for dogs and cats.

 

i)          Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust.  These are a normal part of agriculture and should be expected to occur.  In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime.

 

j)          If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture.  Overgrazing will produce bare ground, weeds, erosion, and polluted runoff.  Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing, and feeding.

 

k)         Larimer County has adopted a Right to Farm Resolution.

 

l)          The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), Drainage Fees, and Rural Land Use Process fees.  The fee amount that is current at time of building permit application shall apply.

 

m)        Larimer County shall not maintain roads or streets in this development.  Maintenance of the streets shall be the responsibility of the property owners.  Failure to maintain streets may result in a lien being placed on these lots.

 

n)         The owners of the residual land parcels will be responsible for maintaining the residual land according to the restrictions listed in the management plan and for providing periodic monitoring report(s) to the County.

 

o)         Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement.  The Developer and Larimer County executed this agreement in consideration of the approval of this Development.  This Agreement was recorded in the Larimer County Clerk and Recorder’s office immediately after the plat.  All purchasers should obtain and read the Development Agreement.

 

 

2.         LETIIA LAKE LETITIA LAKE SUBDIVISION AMENDED PLAT OF LOT A, BLOCK 7 AP, FILE #19-LAND3862:  Amended Plat of Lot 17A, block 7, of the Letitia Lake Subdivision to add a small adjacent mete and bounds parcel to the subdivision lot so that the well is on the same lot as the dwelling.

 

This combined amended plat and boundary line adjustment is regarding Lot 17A, block 7 of the Letitia Lake Subdivision and the adjacent 0.06-acre metes and bounds property to the east. The applicant is requesting to add the metes and bounds piece that was split off of the Mary Quittance Estate property by deed prior to this application. The purpose of this Amended Plat is to reconfigure the lot line so that the well is on the same lot as the existing dwelling.

 

No easements or roads are being vacated with this proposal, but the plat will dedicate the portion of Eagle Tree Circle that is adjacent to the new lot line as public right-of-way. In addition, the plat identifies and existing private access easement for Bedrock Road that is adjacent to and overlaps the existing 10-foot access easement along the south lot line of Lot 17A. The existing easement as shown on the plat will remain in place.

 

The Amended Plat process is required when the property lines of approved land division are amended, and Boundary Line Adjustment process is used to adjust the property lines of a metes and bounds parcel. The Board of County Commissioners approves amendments to approved Subdivisions. The Boundary Line Adjustment process is an administrative process. Since the plat involves both a platted lot and a metes and bounds parcel, both the Amended Plat process and the Boundary Line Adjustment process are required.

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

 

            A.        No additional lots will be created by the amended plat.

 

There is currently one existing lot.  The small metes and bounds parcel were formerly a part of the Mary Quaintance Estate but it has been deeded to the owner of the adjacent lot in the Letitia Lake Subdivision prior to this Amended Plat.  No additional lots will be created with this Amended Plat

                 

            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 minimum lot size in the O-Open zoning district is 10 acres. Although the lot, Lot 17A, exists in a County approved subdivision, it does not meet the minimum lot size requirement for the O-Open District, and is non-conforming. Incorporating the metes and bounds parcel into the subdivision lot will not bring the lot into conformance but will reduce the degree of nonconformity that currently exists.  The lot is currently 0.26 acres in size.  The adjacent metes and bounds parcel are 0.06 acres in size.  The resultant lot will be 0.32 acres in size. 

 

Currently the lot meets the requirements of subsection 8.14.1.H, regarding lot dimension ratio of depth-to-width ratio of 3-to-1 and a width-to-depth ratio of 1.5-to-1, and the resulting lot will meet this requirement as well.

 

            C.        The amended plat will not create a nonconforming setback for any existing building:

           

The minimum lot size in the O-Open zoning district is 10 acres. Although the lot, Lot 17A, exists in a County approved subdivision, it does not meet the minimum lot size requirement for the O-Open District, and is non-conforming. Incorporating the metes and bounds parcel into the subdivision lot will not bring the lot into conformance but will reduce the degree of nonconformity that currently exists.  The lot is currently 0.26-acres in size.  The adjacent metes and bounds parcel are 0.06-acres in size.  The resultant lot will be 0.32-acres in size. 

 

Currently the lot meets the requirements of subsection 8.14.1.H, regarding lot dimension ratio of depth-to-width ratio of 3-to-1 and a width-to-depth ratio of 1.5-to-1, and the resulting lot will meet this requirement as well.

 

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 will not be divided by a municipal or county boundary line, road, alley or another lot.  No additional roads or alleys are being added with this proposal although right-of-way is being dedicated for the existing road, Eagle Tree Circle, as part of this plat.

 

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;

 

This Amended plat will not adversely affect drainage or utility easements or rights-of-way serving the affected properties or other properties in the area.  The existing road, Eagle Tree Circle, will have the right-of-way adjacent to the new lot dedicated with this Amended Plat and Boundary Line Adjustment.  The existing 10-foot access easement that is currently shown on the Letitia Lake Subdivision plat is shown on this Amended Plat as well.  In addition, an existing private access easement is being shown on this plat, although it is not being dedicated with the plat.  There is no change to any existing access with this application.

 

F.         Any covenants, deed restrictions or other conditions of approval that apply to the original lots must 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.

 

All covenants, deed restriction or other conditions of approval that apply to the original lots will also apply to the resultant lots and be noted on the final plat.

 

The Development Services Team recommends Approval of the Amended Plat of Lot 17A, block 7, Letitia Lake Subdivision and Boundary Line Adjustment of a Portion of the NE ¼ Section 27, Township 10 North, Range 73, File #19-LAND3862, subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met, and the plat is presented for signature:

 

1.    All conditions of approval shall be met and the Final Plat, recorded be September 11, 2019, or this approval shall be null and void.

 

2.    The resultant lot is subject to any and all covenants, deed restrictions, or other conditions that apply to the original lots.

 

3.    If the ownership of the lot and or the parcel changes prior to the recordation of the Final Plat, a new planning application will need to be signed by the new owners and a new Ownership and Encumbrance must be provided for each property so that the signature blocks can be modified to show the current property owners and any lienholders.

4.     

MOTION

 

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

 

Motion carried 3-0

 

 

DISCUSSION ITEMS:

 

1.          SECOND READING FOR AN AMENDMENT TO THE ORDINANCE CONCERNING ACCUMULATION AND REMOVAL OF RUBBISH, ORDINANCE 06202017001, TO REVISE THE SECTION 4.7 DEFINITION OF “RUBBISH”, FILE #19-CODE0233: Move to approve the proposed Amendment to the Ordinance concerning Accumulation and Removal of Rubbish, Ordinance 06202017001, to revise the Section 4.7 definition of “Rubbish”.

 

A first reading of proposed changes to the rubbish ordinance was held on February 11, 2019. At that time the Board requested that language be included to allow household compost. The revised language is noted below. Todays hearing is a second reading. The proposed changes modify the definition of “rubbish”. If approved the change would become effective 30 days following publication of the approved change.

 

Existing section 4.7 reads:

 

“Rubbish” means any trash, junk, garbage, litter, ·refuse, debris, lawn or garden waste, remnant

or discarded construction or remodeling or repair materials, unlicensed or inoperable motor

vehicles including without limitation mobile or manufactured homes, motor vehicle parts or

tires, newspapers, magazines, packaging materials, waste paper or cardboard, dead animal

carcasses, unwanted or discarded household items including but not limited to appliances and

furniture, metal, scrap, any other item that has been abandoned or discarded, and any object or material which causes or is likely to cause a public hazard or nuisance. Rubbish does not include

collector’s items properly stored in accordance with 42-12-103, Colorado Revised Statutes.

 

Revised section 4.7 to read:

 

Rubbish: means any trash, junk, garbage, litter, refuse, debris, scrap, lawn or garden waste (excluding household compost), unlicensed or inoperable motor vehicle s or mobile or manufactured homes, dead animal carcasses, and any object or material which causes or is likely to cause a hazard or nuisance. Rubbish does not include collector’s items properly stored in accordance with 42-12-103 Colorado Revised Statuses.

 

Chair Donnelly asked Jeannine Haag, County Attorney if the entire ordinance needed to be re-read for today’s hearing.

 

Ms. Haag advised the Board that only the changed needed to be read.

 

Karin Madson, Code Compliance Director went over the revised definition to section 4.7.

 

Chair Donnelly asked if any members of the public would like to speak. No members of the public addressed the Board.

 

Chair Donnelly closed public comment.

 

MOTION

 

Commissioner Kefalas moved the Board of County Commissioners approve the proposed Amendment to the Ordinance concerning Accumulation and Removal of Rubbish, Ordinance 062020170001, to revise the Section 4.7 definition of “Rubbish”.

 

Motion carried 3-0

 

CODE COMPLIANCE PUBLIC MEETING ITEM:

 

1 .          JDS GROUP/FDS GROUP CODE COMPLIANCE PUBLIC MEETING, FILE #14-CC0010: The property owner is in violation of Section 4.1.1 of the Larimer County Land Use Code by using residential property to store household items outside when outdoor storage and junkyards are not allowed uses in the FA-Farming Zoning District. Also, the owner is in violation of Section 4.3.10.F for storing junk vehicle(s) which is not allowed use on a property with a dwelling.

 

On January 21, 2014 Code Compliance received a complaint about junk and debris throughout the property. Code Compliance Coordinator Chad Gray contacted and explained the county regulations to Fran Fleming on February 12, 2014. Ms. Fleming had made progress cleaning up the property through the summer of 2014.

 

Another compliant was received in August 2014 regarding the excessive trash being stored out of view from the roads. An inspection was set for November 19th only to be cancelled by Ms. Fleming the morning of the inspection. In April of 2015, Ms. Flaming admitted that three storage units/semi-trailers full of personal possessions had been moved onto the property and that she needed time to sort through everything.

 

In May of 2018, another compliant was received concerning junk, debris and junk vehicles being visible from the public roads. The 2016 aerial photo provided the evidence of al the outdoor storage being stored on the property under tarps. An inspection was set for July 27, 2018 to inspect the property. Ms. Fleming cancelled the inspection that morning. A rubbish notice was posted on the property on August 17, 2018. Nothing was cleaned up, so the Community Development Director authorized Code Compliance to clean up the property on October 15, 2018.

 

Ms. Fleming met with Code Compliance Supervisor Karin Madson and Chad Gray on December 3, 2018. Ms. Fleming explained that the vehicles were the only violation of the rubbish ordinance because everything else stored outside was not unwanted or discarded per the rubbish definition. Mrs. Madson agreed but explained that the property is still in violation of the Land Use Code for the outdoor storage. Ms. Fleming set up an inspection on January 16, 2019 to establish the progress she had made only to cancel the morning of the inspection.

 

Three property owners have raised concerns about impacts on their quality of life from the visual impacts caused by the property.

 

STAFF FINDINGS:

 

            1.         The property is zoned FA-Farming.

 

2.         In the FA-Farming Zoning District, Outdoor Storage and Junkyards are not listed as allowed principal uses.

 

3.         Outdoor storage of vehicle is defined as: Only those vehicles that do not qualify as junk vehicles and are owned by the occupant or owner of a single-family dwelling and agricultural equipment may be stored outside on the same lot with the dwelling.

 

4          Junk vehicle is defined as: A vehicle that is inoperable (unable to move under its own power), or is partially or totally dismantled or has all or portions of its body work missing or substantially damaged or is not registered with the
State of Colorado as required by C.R.S. 42-3-103 or by C.R.S. 42-12-401 and 42-12-402, and/or the number plate assigned to it is not permanently attached to the vehicle as required by C.R.S. 42-3-202 or is lacking proper equipment to the extent that it would be unsafe or illegal to use on public road rights-of-way or otherwise not equipped with lamps and other equipment as required by C.R.S.42-4-202-42.4.227. This Definition does not include implements of husbandry, farm tractors, farm or ranch equipment, or vehicles customarily operated in a farm or ranch operation.

 

5.         Outdoor storage is defined as: A principle use where goods such as recreational vehicles, boats and other large items, are stored outside of a building.

 

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 or falls out of compliance with the Land Use Code regulations regarding junk vehicles and household items being stored outside.

 

Chad Gray, Code Compliance gave a brief, detailed explanation of the timeline, background, violation, and location of the property as outlined above. Mr. Gray presented the Board with an e-mail complaint from one of the neighbors who was unable to attend the hearing. The letter states that they believe the appearance of the property devalues not only individual properties nearby but gives declining value to that area of Fort Collins itself. Mr. Gray went over the definitions of junk vehicle, outdoor storage and Junkyard.

 

Chair Donnelly invited the property owner, Fran Fleming to address the Board.

 

Ms. Fleming explained that she has had some medical conditions as well as the passing of her mother that has been causing her a great deal of stress. She did present the Board with a letter from a neighbor, stating from their vantage point, they believe the personal property on the site is well contained and that they do not see any issues or causing any problems for the neighborhood.

 

Ms. Fleming also feels she is being harassed by one of her neighbors who continues to call the Humane Society with complaints. She also mentioned that she feels the aerial shots of her property are in violation of her fourth amendment rights.

 

Chair Donnelly asked her how long she feels she will need to clean up her property and bring it into compliance.

 

Ms. Fleming is asking for six months.

 

Chair Donnelly asked if anyone from the public would like to speak.

 

Kevin Taylor, who resides in the neighborhood addressed the Board. Mr. Taylor feels that there is always an excuse from Ms. Fleming and that this has been going on for years and he feels Ms. Fleming has had plenty of time to clean up her property. He feels six months is too long a time-frame.

 

Chair Donnelly closed public comment.

 

There was some discussion between the Board and Staff on the issue of acreage and court order timelines.

 

Ms. Haag explained to the Board the timeframes for filing a court order.

 

MOTION

 

Commissioner Johnson stated that the property is in violation and set a deadline of 60 days 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 or falls out of compliance with the Land Use Code regulations.

 

Motion carried 3-0

 

 

With there being no further land use items, the hearing recessed at 3:45 p.m.

 

 

 

                                                LAND USE HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m., with Matt Lafferty, Principal Planner. Chair Donnelly presided, and Commissioner Donnelly and Commissioner Kefalas were present. Also present were: Samantha Mott, Community Development; Katie Gray, Engineering; Lea Schneider, Health Department; Jeannine Haag, County Attorney; and Deirdre O'Neill, Deputy Clerk.

 

Chair Donnelly asked the public if anyone wishes to speak in opposition to the Roadhouse Renewable Energy 1041 Permit #18-Zone2476, otherwise it would be placed on the consent agenda.

 

No one from the audience wished to speak in opposition.

 

 

1.          ROADHOUSE RENEWABLE ENERGY 1041 PERMIT, FILE #18-ZONE2476: This is a permit application for an activity of state interest pursuant to Section 14.4.E of the Land Use Code for a 9.5-mile 230kV electric transmission line within a 150-foor wide easement from the Larimer/Weld County Line near the Wyoming border to the Rawhide Energy Station.

 

 

            At the Planning Commission Hearing, the Development Services Team made their presentation of the recommendations for this request.  The applicant and their team were present and made a brief presentation.  The Larimer County Planning Commission had a few questions from the hearing for Staff and the applicant.  Some of the questions related to clarification on the necessary easements, if cultural resources are affected by the project, and how the project benefits Larimer County. 

 

Although staff did not receive any comments from the public, this item is being considered as a discussion item due to the nature of a 1041 Permit application being a matter of state interest.  The timing of the 1041 Permit process required setting the hearing prior to determining the level of public interest in the application.  The applicants have indicated concurrence with the proposed conditions of approval as recommend by the Team and the Larimer County Planning Commission.

 

            There was one member of the public that spoke at the Larimer County Planning Commission hearing.  He was in support of the project and the chosen route.  He is a member of the Fort Collins Energy Board.

 

The Planning Commission recommends approval of the Roadhouse Renewable Energy 1041 permit, File #18-ZONE 2476, subject to the conditions as follows:

 

1.         The final plans shall be consistent with the approved preliminary plan and with the information contained in the Roundhouse Renewable Energy 1041 Permit, File #18-ZONE2476, 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 Roundhouse Renewable Energy 1041 permit.

 

2.         Final construction plans including erosion measures control measures must be reviewed and approved by Larimer County.

 

3.         A Development Construction permit will be required from the Larimer County Engineering Department for construction of any site improvements.

 

4.         The applicant shall obtain all necessary and State and local permits, including air and water quality construction permits, prior to construction.

 

5.         An Access or Right-of-Way Construction permit from the Larimer County Engineering Department will be required for any work in the County right-of-way.

 

6.         Any transmission lines crossing a roadway should be designed to meet highway clearance standards.

 

7.         The applicant shall comply with the Larimer County Noise Ordinance. Noise-inducing activities shall be restricted to the hours between 7a.m. and 7 p.m. as outlined in the ordinance.  Any deviation from these hours would require review and approval from Larimer County.

 

8.         The applicant shall be required to notify nearby residents in advance if blasting or other noisy activities are needed during construction as suggested in the proposed mitigation by the applicant.

 

9.         The applicant shall provide contact information for the neighbors to voice concerns in order to enable the contractor and applicant to address concerns regarding noise and other activities as they are occurring.

 

10.       The applicant shall provide active weed mitigation as proposed in the Environmental Protection Measures included in the applicant’s proposal and attached to this report to prevent noxious weed infestations.

 

11.       Provide adequate sanitation facilities during construction, include portable restroom facilities and adequate trash receptacles.

 

 

MOTION

 

Commissioner Johnson moved that the Board of County Commissioners approve the Roadhouse Renewable Energy 1041 Permit, FILE #18-ZONE2476 as a consent agenda item.

 

Motion carried 3-0

 

PUBLIC HEARING DISCUSSION ITEMS:

 

 

2.          EMISSARIES OF DEVINE LIGHT APPEAL, FILE #19-GNRL0457: This is an Appeal to Section 7.3.B.1 of the Larimer County Land Use Code to allow the applicant to apply for a Special Event Permit on a property that has received and is subject to an existing land use approval that limits the number, type, and nature of gatherings to be held on the property.

 

Section 7.3.B.1 of the Larimer County Land Use Code states that if a property that has received and is subject to an existing land use approval that limits the number, type, and nature of gatherings to be held on the property, they do not qualify for the Special Event process. 

 

            The applicants currently have a Special Review approval for a retreat which, by definition, allows them to host events up to 170 persons.  Because of the Special Review approval, the Special Events process no longer applies. The Special Event regulations in the Land Use Code were revised in 2017 which restricted properties with approvals that include events and gatherings from being allowed to apply for Special Event permits.  Prior to the revised regulations, applicants were allowed to apply for Special Event permits even if there was an approval on the property that allowed gatherings and events. 

 

The applicants have been hosting a music and art festival in August for the last six years, since 2013.  They have applied for and received approval for a Special Event permit for this festival.  In the fall of 2018 the applicants were made aware of the Code changes to the Special Event process.  In August of 2018, the applicants applied for an appeal to allow them to apply for a Special Event permit which included appeals to requirements and restrictions for the permit such as application submittal time and the number of Special Events in a calendar month.  The Board granted the appeal to allow the applicants to submit an application for the August 2018 event.  The Board further clarified that the applicants may host future events for up to 170 people as allowed in their Special Review without County approval but indicated that they must apply for a modification to their Special Review if they wish to host events greater than 170 persons or events which are not contemplated as part of their Special Review approval.

 

The applicants have been working with staff since November of 2018 to submit an Amended Special Review application.  They have indicated that they intend to submit the application this month.  Due to the processing time of the Amended Special Review, if they are approved to allow additional events, this approval will not occur prior to their planned August event. They are requesting an appeal to allow them to apply for one Special Event permit in 2019 for the event scheduled in August.  If this appeal is granted, the applicant will need to apply for a Special Event permit.  Approval of the appeal does not guarantee approval of a Special Event permit.  The Special Event permit would still need to go through the required planning process which includes referrals to applicable review agencies and takes consideration the following:

 

            1.         The adequacy of the site sketch.         

 

2..        The adequacy of the site to accommodate the special event proposed.

 

3.         The degree to which the special event complies or will be able to comply with the performance standards of section 7.7. of the Larimer County Land Use Code.

 

4.         The preservation of the health, safety and welfare of the public and surrounding properties and uses.

 

When considering whether to approve an appeal to deviate from standards or requirements of this Code, other than minimum lot size requirements, the County Commissioners may grant the appeal subject to safeguards and conditions consistent with their findings concerning the following factors. The 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 is contrary to the Code language as the revised Special Event Code language does not allow a property with an approval in place which already allows events and gatherings to apply for Special Event permits.  In this instance, the applicants have been applying for Special Events permit for 5 years prior to the Code change and they are in the process of Amending their Special Review.  The applicant is planning on submitting the Amended Special Review to include the addition of this event later this month.  They previously have been able to apply for Special Event permits until the regulations were changed in 2017.  If the applicants are allowed to apply for a Special Event permit, then they would be subject to review and approval for the Special Event which includes reviewing the permit for health and safety concerns and neighbor impacts, just as the Amended Special Review process would.

 

B.        Approval of the appeal will not be detrimental to the public health, safety or property values in the neighborhood. 

 

Granting the appeal to allow the applicants to apply for a Special Event permit would not be detrimental to public health, safety, or property values as the approval of the appeal is not an approval of the Special Event.

 

C.        Approval of the appeal is the minimum action necessary.   

 

The applicants plan on submitting their Amended Special Review application this month.  The processing of an Amended Special Review that includes the Sketch Plan Phase as well as a neighborhood meeting can take up to 6 months.  Due to the processing time, the Amended Special Review will not be approved prior to the applicant’s planned August event.  Therefore, granting the appeal to allow the applicants to apply for Special Event permit is the minimum action necessary for the applicants to submit a request to hold the event in August of 2019.

 

            D.        Approval of the appeal will not result in increased costs to the public.

 

Approving the appeal to allow the applicants to apply for a Special Event permit should not result in any costs to the public because it is not an approval of the event itself.

 

            E.        Approval of the appeal is consistent with the intent and purpose of the Code .

 

The intent of the Special Event permit language is to exclude properties that have land use approvals in place that already include events and gatherings.  The events and gatherings should all be included in the land use approval, such as a Special Review.  In this case, the Special Review was approved in 2005, long before the Special Event Section of the Land Use Code was revised in 2017.  If there is an active application seeking approval to Amend the Special Review to include all events, granting an appeal for the applicants to apply for one Special Event permit would be supported by Staff as the required process for Special Event permits has changed.  The applicants were made aware of this in 2018 and have been working towards applying including additional events, however the application will not be processed in time for an August event.  Granting this appeal does not guarantee that the Special Event permit would be approved, nor does it guarantee that the Amended Special Review would be approved.

 

The applicants previously had a non-conforming religious community that received Special Review approval in 2005 for a Master Plan.  The Master Plan included housing, an instructional facility, a small conference center, storage units, a shop, and wellness center.

 

Samantha Mott explained that the property is located along County Road 29, 2 ½ miles North of Highway 34. Ms. Mott let the Board know that this is a request for an appeal to be able to apply for a special permit and if the Board approves, they would still need to go through the Special Permit Process. Tonight’s hearing is in no way a guarantee that they would be approved for the Special Permit.

 

Katie Beilby, Planning Department Supervisor, outlined the process for a Special Event Permit. She mentioned that the applicant would need a site plan and an emergency plan. They would send it out to multiple agencies including Fire and EMS. They take all neighborhood comments and are sent to the Director. She did explain that this is for a three-day music festival. She explained last year approximately 12,000 people over a three-day period attended the festival.

 

There was some discussion between the Board and Staff.

 

Chair Donnelly asked the applicant to address the Board.

 

Jess Gries, attorney representing Emissaries of Divine Light addressed the Board. Mr. Gries explained the reason for the appeal due to time frames. He explained that they have been having this festival for six years and receive positive feedback from the public who attends the festival. He explained that every year that continue to make improvements. He went into some detail about sound, traffic control, dust mitigation, cleanup, evacuation plans and that they continue to work with Thomas Valley EMS and the Sheriff’s Department. Mr. Gries went over the details of the weekend festival and what it consists of.

 

Mr. Gries also explained about the communication with the neighbors. They did have some sound complaints, but they do believe they are within the sound ordinance. Mr. Gries explained that if there are issues, they would like the opportunity to address them.

 

There were some questions for Mr. Gries about the concerns of the late-night noise. The Commissioners were concerned with the duration of the concerts until 2:30 a.m. considering this is listed as a family event.

 

Mr. Gries explained that this is an all-day festival and there are family friendly events and the destination events are later into the night and they do have a family friendly camping area.

 

Chair Donnelly opened the hearing to public comment.

 

The following members of the public addressed the Board in opposition to the appeal: Brian Diamond, Stan Kaletski, Paul Hudnut, Sara Hall, Fred Reim, Tom Peller, and Ruth Swanty. Their collective concerns were the late-night noise and size of the crowds. Several of the comment spoke about their windows shaking because the bass is so loud.

 

Paul Basis and Tierro Lee, producers of the music festival spoke in support of the festival and said they were surprised at some of the comments from neighbors who lives three miles away as they have not had any noise complains from neighbors who lives closer. They spoke about not wanting to inconvenience any neighbors and would be willing to meet with them to address their concerns.

 

Chair Donnelly closed public comment.

 

Chair Donnelly invited the applicant to address the Board for the purpose of rebuttal.

 

David Karchere, Spiritual Director at Sunrise Ranch addressed the Board. He did mention that he takes the publics comments very seriously. He spoke of his partnership with Mr. Basis and Mr. Lee and what a wonderful, safe environment for young people the festival provides and has a great reputation among festivals. He mentioned that thousands of members of the public who look forward to this every year.  He is asking for the Board to allow the appeal and they are willing to meet any challenges that may come along with that.

 

Mr. Greis addressed the Board once again and spoke about the financial implications if denied this appeal.

 

Chair Donnelly closed rebuttal.

 

There was some discussion between the Board and staff.

 

Commissioner Kefalas explained that he would be willing to allow the appeal knowing that there is a lot to still be done.

 

Commissioner Johnson explained that he would not be in support of the appeal and feels that this is disrespectful to the neighbors for having events up to 15,000 people. He also mentioned that it is unacceptable to be able to allow a music festival to go until 2:30 in the morning.

 

Chair Donnelly spoke about being in support of some of the concerns that Commissioner Johnson mentioned but would be in support of the appeal so that this way the Board has better control of the process.

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissions approve the Emissaries of Devine Light Appeal, FILE #19-GNRL0457.

 

motion carried 2-1, Commissioner Johnson dissenting.

 

With there being no further business to discuss, the Board adjourned at 8:40 p.m.

 

 

TUESDAY, MARCH 12, 2019.

 

 

ADMINISTRATIVE MATTERS MEETING

 

 

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

 

Chair Donnelly 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 MARCH 4, 2019:

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of March 4, 2019.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 18, 2019:   Ms. Gimeson reviewed the schedule for the upcoming week with the Board.

 

4.         CONSENT AGENDA:  

 

03122019A001             PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN LARIMER COUNTY AND HEALTH MANAGEMENT ASSOCIATES, INC.

 

03122019A002             AMENDED AGREEMENT FOR JAIL SERVICES BY AND BETWEEN LARIMER COUNTY AND CITY OF FORT COLLINS.

 

03122019R001             RESOLUTION REGARDING EXTENSION OF APPROVAL FOR NORTH PARK MINOR LAND DIVISION.

 

03122019R002             FINDINGS AND RESOLUTION APPROVING THE LARIMER COUNTY FACILITIES/543 ELM ROAD BOUNDARY LINE ADJUSTMENT.

 

03122019R003            FINDINGS AND RESOLUTION APPROVING THE GERRARD ESTATES PLANNED LAND DIVISION PRELIMINARY PLAT AND REZONING TO PLANNED DEVELOPMENT AND APPEALS.

 

03122019R004            FINDINGS AND RESOLUTION APPROVING XCEL ENERGY-PUBLIC SERVICE COMPANY OF COLORADO BIG THOMPSON RIVER/NAMAQUA AVENUE FLOOD PLAIN SPECIAL REVIEW.

 

03122019R005            RESOLUTION REGARDING EXTENSION OF APPROVAL FOR THE MYCAMP SUB OF LOTS 15A & 16A OF BLK A AP/EV.

 

MISCELLANEIOUS:  Boundary Line Adjustment; Letter of Support for the Colorado Front Range/Poudre River Regional Trail Initiative.

 

LIQUOR LICENSES:  Horsetooth Spirits & Marketplace – Retail Liquor – Fort Collins; The Forks    – Tavern – Livermore; Glen Echo Resort – Hotel and Restaurant – Bellvue; Glen Echo Resort – Retail Liquor Store– Bellvue; The Forks – Optional Premises – Livermore.

 

M O T I O N

 

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

 

Motion carried 3-0.   

 

4.         COMMENTS FROM COMMISSIONERS’ GUESTS: Commissioner Johnson invited Sherriff Justin Smith to address the Board.

 

Sherriff Smith explained to the Board his opposition to House Bill 19-1177, the “Red-Flag” gun bill being currently being considered in the legislature.  The Bill proposes a process to seize firearms in certain situations in which a person is deemed to be in danger to themselves or others. He mentioned the safety of his staff as well as the need to address mental health issues. Sherriff Smith mentioned that currently there are fourteen states with different versions of the “Red-Flag” laws.

 

Commissioner Johnson read a letter from the Board of County Commissions to the Legislators and Senate also addressing his concerns about HB-19-1177.

 

In the Letter the Commissioners mention that they believe this bill may escalate, rather than de-escalate, volatile situations. The letter also mentions that they believe it includes some very questionable as well as some clearly unconstitutional aspects. For Example, it creates search warrants that order police officers to forcibly enter premises and seize a citizen’s property with no evidence of a crime. Additionally, the bill requires police to seize firearms that may be mutually owned by family members.

 

The Commissioners and the Sherriff believe that a better approach would be to improve the involuntary commitment laws and fund the mental services necessary to protect our community.

 

MOTION

 

Commissioner Johnson moved that the Board of County Commissioners adoption of this letter with the addition of a person being deemed a danger to themselves and society.

 

Motion carried 3-0

 

 

6.         CONVERSION OF A TEMPORARY, LIMITED-TERM HALF-TIME, SHERRIFF’S OFFICE EMPLOYEE TO REGULAR, HALF-TIME STATUS: The Sheriff is required to administer the process for the concealed carry permits. Currently, we receive revenue that pays for the management of the program. For the past several years we have funded one regular full time FTE.

 

This is a proposal to convert a temp half time limited term employee to a regular half time employee. The funding for this change will continue to be paid by the revenue collected from the permit process.

 

John Mangano and Bill Nelson from the Sheriff’s Department addressed the Board to explain the need for one regular full time FTE.

 

Linda Hoffman asked the Commissioners to remove the word “temporary” from the motion.

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve converting a limited-term, half-time employee to a regular full-time employee in the Sherriff’s Office.

 

Motion carried 3-0.

 

7.         INCREASE NATURAL RESOURCES BUDGET ACCOUNTANT POSITION FROM .60 FTE TO 1.00 FTE:  Kori Klein, Budget Accountant, announced her intent to retire after the completion of the next budget cycle (August 2019). The Budget Accountant is within the Financial Services and Administrative Program area. Budget development and management is a regulatory and legal requirement and helps to insure the protection of the Natural Resources Department’s (DNR) financial assets. The Budget Accountant is a key position in the Department and is responsible for coordinating our complex budget process. In addition, this position is responsible for DNR cost allocations, salary projections, capital improvement budgeting, and year-end reconciliation. This position provides back-up and coverage for other positions including accounts payable and commercial credit cards. Managers and supervisors rely heavily on this position to assist and guide them in the management of their budget responsibilities.

 

Over the last four years, DNR has seen an 8% annual increase in permit sales and a 14% annual increase in camping nights. In addition, regulatory requirements have become more complex resulting in an increase in DNR’s financial work load. During this same time, staffing within the Financial Services and Administrative Program area has been reduced from 10.52 FTEs to 10.32 FTEs. In response to the increasing work load, additional staff within the financial program have assisted in budget management. This approach has addressed the current need, but a long-term solution requires consolidating the budget management function to one position thereby allowing for increased efficiency and understanding of the DNR budget in its entirety. The trend of additional budget, accounting and legal requirements is expected to continue. Increasing the Budget Accountant position from 0.6 to 1.0 FTE accomplishes the need to consolidate the budget management function to one position. The addition of .40 FTE will result in a 2019 total FTE for the program including seasonal and temp employees of 10.72, which is an increase of 8 hour per week or less than 0.5% annual increase as compared to 2015 numbers. The net annual increase in budget for this position is approximately $27,550.

 

The Natural Resources Department is requesting an increase in the Department’s Budget Accountant position from a .60 FTE to a 1.00 FTE to meet the increased need for professional budget and accounting support.

 

This will allow better efficiency in centralizing department budgeting to one position rather than having it split between several. Program staffing levels will be adjusted to better align with departmental growth from the past several years. No additional General Fund support is needed as part of this request.

 

The projected annual net increase will be approximately $27,550. This is the total cost, wages, benefits and includes any additional position change needs. Even though this is a very small amount, funds used for this purpose will reduce the department funds available for other uses.

 

Daylan Figgs, Natural Resources Director and Lori Smithy, Accounting Manager addressed the Board requesting an increase in the Departments Budget Accountant position.

 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the position ID NAT-R-0042 Accountant II, currently authorized at .60 FTE, to increase to 1.00 FTE and to be funded with existing departmental funds.

 

Motion carried 3-0.

 

 

 

 

8.         COUNTY MANAGER WORKSESSION:   Ms. Hoffman let the Board know that she did not have any updates.

 

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

 

10.        LEGAL MATTERS: There were no legal matters to discuss.

 

With there being no further business to discuss, the Board adjourned at 9:40 a.m.

 

 

TUESDAY, March 12, 2019

 

 

PIGGIN OUT

LIQUOR LICENSE HEARING

 

 

The Board of County Commissioners met at 2:45 P.M. with David Ayraud, County Attorney. Chair Donnelly presided, and Commissioners Johnson and Kefalas were present. Also present were: Kayleigh Ogden, Recording Department and Deirdre O’Neill, Deputy Clerk.

 

Chair Donnelly explained that this is a Liquor License hearing for Piggin Out located at 1015 South Lincoln Avenue in Loveland Colorado.

 

Mr. Ayraud explained that this is a continuation from February 12, 2019. At that time there were three issues that needed to be addressed:

 

1.           Clarification from the State as to why they are advising against the approval of the Tavern license for the entire property instead having a tavern license and an additional license for an optional premise

 

2.         Mr. Blank to file a change of Registered Manger.

 

3.         Completed background checks of employees.

 

 

Mr. Ayraud explained that for issue number one we did receive a response from the Licensing Department of the Colorado Liquor Enforcement Division on February 14, 2019 stating that if the yard is enclosed they can opt to include it as part of their tavern license, however, if they do decide to go forward with that route they would be responsible for it 24/7 even when it is not open to patrons.

 

At this time the Clerk swore in Mr. Blank.

 

Mr. Blank explained they do want to take the Tavern License for the entire property and when not in use they will have the optional area restricted when not in use with a sign stating that no alcohol will be permitted.

 

Mr. Ayraud explained that as far as the second issue he did receive a change of manager for Eric Tittman to be the new Manger for the Lakewood location. It is currently still in process waiting for the background checks.

 

Mr. Ayraud went over the background checks for the employees. They did have some questions on one of the background checks that did come back with a conviction.

 

Mr. Blank explained the situation as well as presented a letter from the employee showing remorse. Mr. Blank did explain that this employee will not be a hands-on employee.

 

There were some question between the Board and Mr. Ayraud on certain conditions.

 

Motion

 

 

County Attorney, David Ayraud made a suggested motion that the Board approve the application of Piggin Out LLC for a tavern license for 1015 South Lincoln in Loveland Colorado 80539 to include the entire premises for a tavern license with the condition that the change of registered manager at the Lakewood location is filed within 60 days from today’s date otherwise the license is automatically revoked.

 

Commissioner Johnson so moved the motion

 

Motion carried 3-0

 

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

 

 

 

 

 

 

____________________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

 

ATTEST:

 

__________________________________________

Deirdre O’Neill, Deputy Clerk