MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, JUNE 10, 2019     

 

LAND USE HEARNG

 

The Board of County Commissioners met at 3:00 p.m., with Rob Helmick, Principal Planner. Chair Donnelly presided, and Commissioner Johnson and Commissioner Kefalas were present. Also present were: Jenn Cram, Kathy Eastly, Lesli Ellis, Matt Lafferty, Michael Whitley, Community Development; Lea Schneider, Health Department; Jeannine Haag and Frank Haug, County Attorney’s Office 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.          BOXELDER SANITATION DISTRICT WASTEWATER TREATMENT FACILITY EXPANSION NEAR POUDRE RIVER-FLOODPLAIN SPECIAL REVIEW: This is a request to allow expansion to the Boxelder Sanitation District Wastewater Treatment Facility located along the Cache La Poudre River within the Cache La Poudre GMA 500-year Floodplain Overlay Zone District.

 

The Boxelder Sanitation District is requesting approval of a Floodplain Special Review to allow expansion of the Boxelder Wastewater Treatment Facility along the Cache La Poudre River, located at 2705 Frontage Road, Fort Collins, CO. The proposed project is within the Cache La Poudre Growth Management Area 500-year Floodplain Overlay Zone District.

 

The Boxelder Sanitation District desires an expansion of the Boxelder Wastewater Treatment Facility. The project will include expansion of the existing preliminary and secondary treatment systems, expansion of the existing UV disinfection system, construction of a new aerobic digester and biosolids handline facility and a new administration building.

 

All improvements are located within the area designated as the Cache La Poudre Growth Management Area 500-year floodplain. The construction will take place on property zoned as Farming; there are existing structures for the treatment facility located in the area of construction.

 

The Land Use Code requires a recommendation from the Flood Review Board with a final approval from the Board of County Commissioners through a Floodplain Special Review for utilities within the floodplain zoning district.

 

The following review criteria for Flood Plain Special Reviews are found in the Land Use Code under Section 4.2.2.G.6. These criteria were evaluated relative to the 100-year regulatory flood event.

 

 

 

A.         The proposal meets all applicable criteria outlined in the General Standards.

B.         There is no danger to life and property due to increased flood heights or velocities caused by encroachments upstream or downstream within the floodplain.

C.         No danger to life or property may reasonably be expected to result from substantial solid debris being carried down the stream by floodwaters.

D.         There is no danger of materials being swept away onto other lands or downstream to the injury of others in the event of a flood may reasonably be expected.

E.         Proposed water supply and sanitation systems have been designed to prevent disease, contamination and unsanitary conditions in the event of a flood.

F.         The proposed use is consistent with the flood management program for the area in question.

G.         The expected heights, velocity, duration, rate of the rise and sediment transport of flood waters at the proposed location are consistent with the proposed use.

H.         Any modification of the terrain within the FW-Floodway Zoning District will not

result in a rise in overall flood heights at any location.

I.          Any modification of the terrain within the FW-Floodway Zoning District is environmentally sound.

J.         Any modification of the terrain within the FW-Floodway Zoning District will not The Larimer County Engineering Department recommends approval of the Boxelder

The Larimer County Engineering Department recommends approval of the Boxelder Sanitation District Wastewater Treatment Facility Expansion - Floodplain Special Review.

 

2 .          POUDRE VALLEY RURAL ELECTRIC ASSOCIATION FIBER OPTIC LINE-FLOODPLAIN SPECIAL REVIEW: This request is to allow a fiber optic line to be installed including a boring under the Cache La Poudre River within the Floodway and Flood Fringe Overlay Zoning Districts.

The Poudre Valley Rural Electric Association is requesting approval of a Floodplain Special Review to allow installation of a fiber optic telecommunication utility line, including an underground boring across the Cache La Poudre River, located in Sections 13 and 24, Township 6 North, Range 68 West. The proposed project is within the Floodway and Flood Fringe Overlay Zoning Districts.

The Poudre Valley Rural Electric Association (PVREA) desires to construct a new underground fiber optic telecommunication utility line and associated appurtenances, including a boring under the Cache La Poudre River.

Construction will take place within existing utility easements and is located within areas designated as Floodway and Flood Fringe Overlay Zoning Districts and zoned as Farming.

The Land Use Code requires a recommendation from the Flood Review Board with a final approval from the Board of County Commissioners through a Floodplain Special Review for utilities within the floodplain zoning district.

The following review criteria for Flood Plain Special Reviews are found in the Land Use Code under Section 4.2.2.G.6. These criteria were evaluated relative to the 100-year regulatory flood event.

 

A.         The proposal meets all applicable criteria outlined in the General Standards.

B.         No danger to life and property may reasonably be expected to result from increased flood heights or velocities caused by encroachments upstream or downstream within the floodplain.

C.         No danger to life and property may reasonably be expected to result from increased flood heights or velocities caused by encroachments upstream or downstream within the floodplain.

D.        There is no danger of materials being swept away onto other lands or downstream to the injury of others in the event of a flood may reasonably be expected.

E.         Proposed water supply and sanitation systems have been designed to prevent disease, contamination and unsanitary conditions in the event of a flood.

F.         The proposed use is consistent with the flood management program for the area in question.

G.        The expected heights, velocity, duration, rate of the rise and sediment transport of floodwater at the proposed location is consistent with the proposed use.

H.         Any modification of the terrain within the FW-Floodway Zoning District will not result in a rise in overall flood heights at any location.

I.          Any modification of the terrain within the FW-Floodway Zoning District is environmentally sound.

J.          Any modification of the terrain within the FW-Floodway Zoning District will not result in reduced stability of the river channel or floodplain.

The Larimer County Engineering Department recommends approval of the Poudre Valley Rural Electric Association Fiber Optic Line - Floodplain Special Review.

 

3 .          PUBLIC SERVICE COMPANY OF COLORADO UTILITY POLES NEAR POUDRE RIVER-FLOODPLAIN SPECIAL REVIEW: This is a request to allow for replacement, removal and installation of new overhead utility poles and electric line near the Cache La Poudre River within the Flood Hazard Zoning District.

The Public Service Company of Colorado is requesting approval of a Floodplain Special Review to allow replacement, removal and installation of new overhead utility poles and an electric line within the Cache La Poudre River Flood Hazard Zoning District, located near Highway 287 and West County Road 54 E in Section 24, Township 8 North, Range 70 West. The proposed project is within the Flood Hazard Overlay Zoning Districts.

The Public Service Company of Colorado desires to remove and replace five existing utility poles, remove one pole and install four new poles and install an overhead electric line to serve the Noosa Yogurt Plant, Graves Dairy and the City of Greeley Water Treatment Plant.

 Construction will take place within the CDOT and County Right of Ways and is located within areas designated as a Flood Hazard Overlay Zoning District and zoned as Open.

 The Land Use Code requires a recommendation from the Flood Review Board with a final approval from the Board of County Commissioners through a Floodplain Special Review for utilities within the floodplain zoning district.

The following review criteria for Flood Plain Special Reviews are found in the Land Use Code under Section 4.2.2.G.6. These criteria were evaluated relative to the 100-year regulatory flood event.

A.         The proposal meets all applicable criteria outlined in the General Standards.

B.         No danger to life and property may reasonably be expected to result from increased flood heights or velocities caused by encroachments upstream or downstream within the floodplain.

C.         No danger to life and property may reasonably be expected to result from substantial solid debris being carried down the stream by floodwaters.

D.        There is no danger of materials being swept away onto other lands or downstream to the injury of others in the event of a flood may reasonably be expected.

E.         Proposed water supply and sanitation systems have been designed to prevent disease, contamination and unsanitary conditions in the event of a flood.

F.         The proposed use is consistent with the flood management program for the area in question.

G.        The expected heights, velocity, duration, rate of the rise and sediment transport of floodwater at the proposed location is consistent with the proposed use.

H.         Any modification of the terrain within the FW-Floodway Zoning District will not result in a rise in overall flood heights at any location.

I.          Any modification of the terrain within the FW-Floodway Zoning District is environmentally sound.

J.          Any modification of the terrain within the FW-Floodway Zoning District will not result in reduced stability of the river channel or floodplain.

 

The Larimer County Engineering Department recommends approval of the Public Service Company of Colorado Utility Poles near Poudre River - Floodplain Special Review.

 

4.        CRYSTAL LAKES 12TH FILING, LOTS 2A AND 5 LOT CONSOLIDATION: This is a request to combine lots 2A and 5 of Crystal Lakes 12th Filing.

The applicants own two adjacent lots in the Crystal Lakes Subdivision, 12th Filing and seek to combine the area of the Lots 2A and 5 to create one 5.39-acre lot. A vacation of the existing 20- foot Utility Easement along the common lot line is not being requested, and the applicant is aware that construction cannot occur within this easement area.

 Lot 2A was the subject of a prior Lot Consolidation of Lots 2 and 4 in the 12th Filing which was approved by the Board of County Commissioners by a Lot Consolidation Resolution recorded at Reception # 201000566525 on September 22, 2010.

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

           A.         No additional lots will be created by the lot consolidation.

B.         The resultant lots will meet the required minimum lot size of the applicable zoning district and the lot dimension ratio required by subsection 8.14.1.H. If any of the lots are nonconforming with respect to the minimum lot size or the lot dimension ratio, the lot consolidation must not increase the nonconformity.

C.         The lot consolidation will not create a nonconforming setback for any existing building;

D.        The resultant lots will meet the requirements of subsection 8.14.1.I. Lots can not be divided by a municipal or county boundary line, road, alley, or another lot.

E.         The lot consolidation will not adversely affect access, drainage or utility easements or rights-of-way serving the property or other properties in the area.

F.         Any covenants, deed restrictions or other conditions of approval that apply to the original lots must also apply to the resultant lots and be noted on the final plat, except those changes to a condition or note on a plat that are approved with this application. The county commissioners shall consider the original reason or circumstance for a condition or note on a plat when approving a change.

The Development Services Team recommends Approval of the Lot Consolidation, subject to the following condition(s):

1.        All conditions of approval shall be met, and the final resolution recorded by November 20, 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.

 

5.         AMENDED PLAT OF LOT 2, HUANG PLD AND TRACT 19, HIGHLAND PLACE SUBDIVISION : This is a request for an Amended Plat to adjust the boundary between two lots.

The subject properties are at 600 Dragon Canyon Road & 3325 Abbotsford Street, Fort Collins, which is approximately 300 feet west of the intersection of Dragon Canyon Road and Abbotsford Street.

Both parcels contain single-family homes.

This Amended Plat application would adjust the boundary between the two lots. It also dedicates a 60-foot wide utility and ditch easement along the northern property lines of the two resultant lots and expands the building envelope on the existing Lot 2, Huang PLD/resultant Lot 2.

Lot 2, Huang Planned Land Development is zoned PD – Planned Development. Tract 19, Highland Place is zoned FA – Farming.

If the Amended Plat is approved, the entire resultant Lot 1 will still be zoned FA – Farming. The resultant Lot 2 will be zoned PD – Planned Development and FA – Farming. The Larimer County Land Use Code does not require that zoning boundaries follow lot lines.

The land uses allowed in the Huang PD – Planned Development are based on allowed uses in the FA – Farming zoning district with a number of Special Review uses such as Commercial Poultry Farms, Feedyards, Garden Supply Centers, and Fur Farms omitted.

The Longs Pond Lateral crosses Tract 19, Highland Place. After the boundary between the two lots is adjusted, the ditch will remain completely on the resultant Lot 1.

 

The Larimer County Land Use Code (Section 5.7.3) allows for the approval of an Amended Plat if the following review criteria are met:

 

           A.         No additional lots will be created by the Amended Plat.

B.         The resultant lots will meet the required minimum lot size of the applicable zoning district and the lot dimension ratio required by subsection 8.14.1.H. If any of the lots are nonconforming with respect to the minimum lot size or the lot dimension ratio, the lot consolidation must not increase the nonconformity.

C.         The Amended Plat will not create a nonconforming setback for any existing building;

D.        The resultant lots will meet the requirements of subsection 8.14.1.I. Lots can not be divided by a municipal or county boundary line, road, alley, or another lot.

E.         The Amended Plat will not adversely affect access, drainage or utility easements or rights-of-way serving the property or other properties in the area.

F.         Any covenants, deed restrictions or other conditions of approval that apply to the original lots must also apply to the resultant lots and be noted on the final plat, except those changes to a condition or note on a plat that are approved with this application. The County Commissioners shall consider the original reason or circumstance for a condition or note on a plat when approving a change.

The Amended Plat contains the following note, “The new lots created by this action are subject to the same restrictions, covenants and regulations as set forth in the plat of record of Huang P.L.D. No. 08-S2797, and Highland Place.

The Development Services Team recommends approval of the Amended Plat of Lot 2, Huang P.L.D. No. 08-S2797, and Tract 19, Highland Place File #18-LAND3859, 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 by November 20, 2019 or this approval shall be null and void.

2. Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by Ron Perkins, Senior Surveyor of the Larimer County Engineering Department, Megan Harrity, Subdivision Supervisor of the Larimer County Office of the Assessor, and Michael Whitley, AICP, of the Larimer County Planning Division.

3. The reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded.

       

6.          GARCIA/ASTUDILLA SPECIAL REVIEW AND APPEALS: This is a request for a Special Review for a Landscape Maintenance Business and Residence in the AP-Airport Zoning district and an appeal to section 8.1.1.B4 regarding on-site sewage treatment systems in growth management areas; and an appeal to section 8.1.4.E.2 regarding fire protection level of surface and access width and an Appeal to section 8.6.3.C regarding parking area and private local access road surface requirements.

This item was on the discussion agenda for the April 17, 2019 Planning Commission public hearing at 6:30 pm. The Planning Commission unanimously approved a motion to move the item to the consent agenda.

At the public hearing Staff made a brief presentation of the Development Services Team report and findings, recommending approval of the Special Review as well as approval of three requested Appeals to Section 8.1.1.B.4. regarding on-site sewage treatment systems in growth management areas, Section 8.1.4.E.2. regarding fire protection level of service and access width, and Section 8.6.3.C. regarding parking area and private local access road surface requirements. Staff also noted that the requested Appeals were supported by the Development Services Team with proposed conditions of approval.

There was no public comment on the Special Review or requested Appeals.

The Planning Commission had a few questions for staff and the applicant regarding the width of the access road off of County Road 9, the size of the proposed paved apron off of County Road 9 and about whether the applicant was aware of potential noise from being in the AP-Airport zone district. The minutes of the April 17, 2019 Planning Commission hearing are attached.

The Planning Commission voted 7 to 0 to recommend approval of the Special Review to allow a landscape maintenance business and residence in the AP-Airport zone district. The Planning Commission also recommended approval of the requested Appeals to Sections 8.1.1.B.4., 8.1.4.E.2., and 8.6.3.C. of the Land Use Code.

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of the Garcia/Astudilla Special Review, File #18-ZONE2395, subject to the nine conditions on pages 62 and 63 of the packet. And further would like to recommend that the Larimer County Commissioners approve the three appeals on page 63 of the packet to Sections 8.1.1.B.4, Section 8.1.4.E.2 and Section 8.6.3.C.

1. This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

2. The property shall be developed consistent with the approved plan and with the information contained in the Garcia/Astudillo Special Review, File #18-ZONE2395 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 Garcia/Astudillo Special Review.

3. The applicant shall revise the proposed landscape plan to include some additional trees to buffer the office from the adjacent property and from view of the public right-of-way from Carpenter Road. Additional landscaping will be reviewed with the site plan approval.

 4. The required handicapped parking space and access aisle shall be paved and shall be reviewed with the site plan approval.

 5. Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.

 6. This application is approved without the requirement for a Development Agreement.

 7. In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review, applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review. All remedies are cumulative and the County’s election to use one shall not preclude use of another. In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.

8. County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.

9. The Findings and Resolution shall be a servitude running with the Property. Those owners of the Property or any portion of the Property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.

 

7.         AMENDED FOSSIL CREEK RESERVOIR AREA PLAN-TRANSFER OF DENSTIY UNITS PROGRAM: This is a request for the Amended Fossil Creek Reservoir Area Plan to eliminate references regarding TDU’s and a repeal of the County’s Transferable Density Units for Fossil Creek Reservoir Area Plan Program and an amendment of section 1-growth management area of the Larimer County and City of Fort Collins Intergovernmental Agreement and a deletion of Larimer County Land Use Code section 4.2.3- Fossil Creek Reservoir Area Transferable Density Units Overlay Zone and a renumeration of section 4.2.4-Coopererative Planning Overlay Zone District to 4.2.3-Cooperative Planning Area Overlay Zone District and deletion of Larimer County Land Use Code section 15.2.2-Supplementary Regulation for Growth Management Areas.

The Fossil Creek Reservoir Area Plan Amendment including closure of the County TDU program and associated Land Use Code Amendments were presented to both the Larimer County Planning Commission and City of Fort Collins Planning Commission as a consent agenda item. Neither of the Planning Commissions had any comments on the proposed changes. Recommendations of approval were forwarded by both Commissions.

 BE IT RESOLVED that the Planning Commission approved the proposed changes/exclusions as found in File # 19-CODE0234 and in the attached Exhibit A – Amended Fossil Creek Reservoir Area Plan subject to the following condition(s):

1. Said amendments will be effective upon the Board of County Commissioners approval of the:

i. Deletion of the Transferable Density Units for the Fossil Creek Area Plan program,

ii. Amendment of the Larimer County and City of Fort Collins Intergovernmental Agreement regarding the Fossil Creek Reservoir Area,

iii. Deletion of Section 4.2.3. – Fossil Creek Reservoir Transferable Density Units Overlay Zone, and

iv. Deletion of Section 15.2.2 – Supplementary Regulations for Growth management Areas.

The Community Development Department recommends that the Planning Commission recommend approval of the repeal of the program for Transferable Density Units for the Fossil Creek Reservoir Area Plan as found in attached Exhibit B, and File #19- CODE0235.

 The Community Development Department recommends that the Planning Commission recommend approval of the amendments to the Larimer County and City of Fort Collins Intergovernmental Agreement as found in attached Exhibit C, and File #19-CODE0236.  The Community Development Department recommends that the Planning Commission recommend approval of the deletion of the Larimer County Land Use Code Section 4.2.3. – Fossil Creek Reservoir Transferable Density Units Overlay Zone as found in attached Exhibit D, and File #19-CODE0237. 85 BCC 06/10/19 AMENDED FOSSIL CREEK

The Community Development Department recommends that the Planning Commission recommend approval of the renumeration of Larimer County Land Use Code Section 4.2.4. – Cooperative Planning Area Overlay Zone District to Section 4.2.3. – Cooperative Planning Area Overlay Zone District, File #19-CODE0237.

The Community Development Department recommends the Planning Commission recommend approval of the deletion of Larimer County Land Use Code Section 15.2.2. – Supplementary Regulations for Growth Management Areas as found in attached Exhibit E, and File #19-CODE0237.

 

MOTION

Commissioner Johnson moved that the Board of County Commissioners approved the consent agenda for Monday, June 10, 2019

Motion carried 3-0

 

2019 ENVIRONMENTAL STEWARDSHIP AWARDS:

The Board of County Commissioners expressed their excitement on presenting Larimer County’s Environmental Stewardship Awards for 2019.

Commissioner Kefalas explained that this is the 22nd year for these awards and that these awards honor the stewardship efforts of county residents, businesses and organizations.

The awards began in 1995 and have presented eighty-five awards to date and this afternoon another three more will be added.

The County’s Environmental and Science Advisory Board reviews the nominations and makes recommendations to the Board of Commissioners.

The 2019 Award winners are:

The Village Thrift Shop: The Village Thrift Shop of Estes Park receives household goods as donations. The store’s mission is to recycle all the goods they receive either through re-selling or through proper disposal with recycling programs-nothing goes to the landfill as “trash.”

Shambhala Mountain Center: The Shambhala Mountain Center lies in the mountain community of Red Feather Lakes. Like Many properties in that area, it is heavily timbered which makes it susceptible to high-severity wildfires. To increase the resiliency of their property, the SMC collaborated with several land stewardship organizations to reduce forest fuels by thinning 118 acres of dense forest. He SMC property lies adjacent to other large-scale fuel reduction efforts, so their project increases the overall footprint and efficacy of those previous efforts.

The SMC’s landscape scale treatment has resulted in significant environmental stewardship, which reduces wildfire risk, improves wildlife habitat, protects clean water resources, improves forest health and community protection. Their project serves as an important example of effective land stewardship, which greatly contributes to the resiliency of the Red Feather Lakes mountain community.

Laura Tyler-Fort Collins Conservation District : Laura Tyler saw the need to divert a common agricultural waste product-bailing twine-from the Colorado landfills. In partnership with Waste-Not Recycling (Johnstown) and the Fort Collins Conservation District, Laura started the Twine Recycling Program, which collects bailing twine from drop-off points across the County. The program then recycles it into pellets using a pelletizer purchased with CDPHE grant. Those pellets are then sold as a source material for manufacturing new plastic-based goods. To date over 13,000miles of twine have been recycled, mostly from Northern Colorado. Laura works with many youth groups like Future Farmers of America and 4-H groups who assist with the twine collection and learn about the benefits of the recycling program.

Bailing twine is a hazard when left in the environment. Removing it from the environment, diverting it from landfills and recycling it is a great example of a long-term sustainable solution for improving the environment.

The Commissions presented the awards and gave the recipients a moment to describe their work and gratitude for the award.

With there being no further Land Use matters, the Board Recessed until 6:30 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 Johnson and Commissioner Kefalas were present. Also present were: Amy White, Code Compliance; Jen Cram and  Lesli Ellis, Community Development; Eric Fried , Chief Builder; Katy Gray, Engineering; Lea Schneider, Health Department; Todd Blomstrom, Planning; Jeannine Haag and Frank Haug County Attorneys’ Office; and Deirdre O’Neill, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance and noted that the following item will be moved to the consent agenda unless anyone from the public would like it removed for a full hearing.

 

No one from the audience wished to comment on the Platt River Solar Project 1041 Permit.

 

1.          PLATTE RIVER SOLAR PROJECT 1041 PERMIT: This is a request for a permit application for an activity of state interest pursuant of section 14.4.E of the Land Use Code for an additional solar photovoltaic (PV) plant with capacity up to 20 Megawatts and associated battery energy storage systems designed to feed up to one Megawatts into the grid at the existing Rawhide Energy Station.

 

This item was on the discussion agenda for the May 15, 2019 Planning Commission public hearing at 6:30 pm.

At the public hearing staff made a brief presentation of the Development Services Team report and findings, recommending approval of the 1041 with proposed conditions of approval.

There was no public comment received on the 1041 Permit prior to completing the Planning Commission packet.  The day of the Planning Commission public hearing an email was received from a mineral interest owner. The email was discussed during the public hearing.  The applicant noted that 8.3 acres has been designated for mineral access on the 1041 Project Site Map (Attachment D. P. 12). The Planning Commission was comfortable that the applicant had addressed mineral interests. There was no other public comment during the public hearing. Staff has received two emails from the public in support of the project since the Planning Commission public hearing.

The Planning Commission had several questions for staff and the applicant regarding the cost of the project, return on investment, who would be providing the battery, site drainage, the total area proposed for the project and final development area, the age of existing solar panels, percentage of electrical needs met for Larimer County residents, who will pay for the project, additional permitting required beyond Larimer County, noise impacts and standards, construction schedule, battery containment, fire protection and emergency response, and the types of mineral interests within the project are. The minutes of the May 15, 2019 Planning Commission hearing are attached.

The Planning Commission voted 7 to 0 to recommend approval of the 1041 Permit to allow a new solar project consisting of a Solar Photovoltaic (PV) Plant that will have the capacity of up to 20 Megawatts and an associated Battery Energy Storage System (BESS) designed to feed up to 1 Megawatts into the grid with a total energy capacity of 2 Megawatt-hours at the existing Rawhide Energy Station.

The Planning Commission motion included additions to proposed conditions of approval for paragraphs 5, 7, 13 and 15 to note that the condition will be fulfilled either during the site plan review process or prior to building permit.

Since the Planning Commission meeting on May 15, 2019, the applicant has proposed some minor modifications to the solar facilities to provide additional solar power up to 2 Megawatts (original proposal for 20MW up to 22MW).  This change will not result in an increase to the acreage proposed for development of approximately 274 acres. The specific details of the solar facilities that will increase solar power will be addressed during the Site Plan Review process.    

BE IT RESOLVED that the Planning Commission recommends approval of the Platte River Solar Project 1041 permit, File #19ZONE2507, subject to the conditions on pages 56 and 57 of the packets, which are 1 through 15, with the following modification, paragraph 5, paragraph 7, paragraph 13 and paragraph 15, that the responses to those 4 paragraphs are due at the site plan review.

 

1.   The final plans shall be consistent with the approved preliminary plan and with the information contained in the Platte River Solar 1041 Permit, File # 19-ZONE2507, 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 Platte River Solar 1041 Permit.

 

2.   The applicant shall go through the Site Plan Review process and comply with all relevant standards in the Land Use Code.

 

3.   Landscaping requirements will be evaluated during the Site Plan Review process to assure that adequate screening is provided along County Road 82 to residences to the south.

 

4.   Final construction plans including erosion control measures must be reviewed and approved by Larimer County during the Site Plan Review process.

 

5.   A stormwater management plan and associated best management practices must be submitted with erosion control plans during the Site Plan Review process.

 

6.   Access Roads must meet the requirements of Appendix G of the Larimer County Rural Area Road Standards (LCRARS).

 

7.   A Development Construction Permit will be required from the Larimer County Engineering Department for construction of any site improvements prior to building permit.

 

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

 

9.   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.

 

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

 

11.   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.

12.   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.

 

13.   The applicant shall provide active weed mitigation as proposed in the Avoidance and Mitigation Measures included in the applicant’s proposal and attached to this report to prevent noxious weed infestations (Attachment F) during the Site Plan Review process.

 

14.   Adequate sanitation facilities will be provided during construction that include portable restroom facilities with hand washing/sanitizer facilities and adequate trash receptacles.

 

15.   The property owner will work with Colorado Parks and Wildlife to address requested monitoring, data sharing, avoidance, conservation, restoration and reclamation efforts during and after construction. Details will be identified during the Site Plan Review process.

 

MOTION

Commissioner Kefalas moved that the Board of County Commissioners approve the Platte River Solar Project 1041 permit subject to the conditions as outlined above.

Motion carried 3-0

 

2.         AMENDEMENTS TO THE LARIMER COUNTY LAND USE CODE REGARDING SHORT-TERM RENTAL AND BED AND BREAKFAST USES: This is a request to amend the Larimer County Land Use Code regarding short-term rentals and bed and breakfast uses by amending section 0.1-definitions by modifying the definition for bed an breakfast, dwelling and short-term rental and by adding definitions for bedroom and renter and amending sections 4.1.1-FA farming, 4.1.2-FA-1 farming, 4.1.3-Fo forestry, 4.1.4-FO-1 forestry, 4.1.5-O-open, 4.1.8-RE-rural estate, 4.19-RE1-rural estate, 4.1.21-AP airport and the section 4.1 zoning table to change the review process for bed and breakfast from minor special review or special review to public site plan or minor special review and amending sections 4.13-FO forestry,4.4.4-FO -1 forestry, 4.1.5-O open ,4.1.8-RE rural estate,4.1.15-A accommodation, 4.1.16-T tourist and he section 4.1 zoning table to change the review process for short-term rental from special review to public site plan or minor special review and amending sections 4.1.6 -E estate, 4.1.7-E 1 estate ,4.1.8-Re rural estate, 4.1.10-R residential, 4.1.11-R-1residentail,4.1.12-R-2 residential and the section 4.1 zoning table to add for bed and breakfast as a use allowed subject to approval by either public site plan or minor special review and renumbering the balance of section and amending sections 4.1.1-farming, 4.1.2-FA-1 farming, 4.1.6-E estate, 4.1.7-E estate , 4.1.9-RE-1 rural estate, 4.1.10-R residential, 4.1.11-R-1 residential, 4.1.12-R-2 residential, ,4.1.21-AP airport and the section 4.1 zoning table to add short-term rental as a use allowed subject to approval by either public site plan or minor special review, and renumbering of the balance of the section, and amending sections 4.1.17-B business and the section 4.1 zoning table to eliminate the use bed and breakfast and amending sections 4.1.17-B business 4.1.23-RFLB- red feather lakes business and the section 4.1 zoning table to eliminate the use bed and breakfast and amending the use descriptions for bed and breakfast and short-term rental and amending section 8.6-private local access road and parking standard by adding parking allowances for short-term rentals to table 8.6.3(B)2.1 parking space requirements.

 

Short-Term Rentals are becoming a common adaptive use of residential dwellings across the U.S. While many of the Short-Term Rentals co-exist with surrounding neighborhoods where they are located, others are described as obtrusive to the harmony and character of the neighborhood. Therefore, to allow these uses to occur throughout Larimer County, the Community Development Department is proposing standards and processes for Short-Term Rental uses.

 

The changes addressed in this report have been determined necessary to ensure consistent application of standards and processes for Short-Term Rentals. Some of the amendments proposed involve modifying the Bed and Breakfast definition and use description to achieve equity in development review process and standards between the two similar accommodation types.

 

2018 International Building Code The following section is hereby amended by renumbering the existing exception as exception #1 and adding exceptions # 2 through #7 to read as follows: R101.2 Scope Exceptions:

 

 2. Within the Estes Valley Planning Area, Vacation Homes shall be permitted to be regulated in accordance with the International Residential Code (IRC), where the dwellings legally existed prior to the effective date of this provision and where compliant with IRC Section R328.

 

3. Within the Estes Valley Planning Area, Large Vacation Homes shall be permitted to be regulated in accordance with the International Residential Code, where a 2017 Vacation Home or Large Vacation Home registration was applied for prior to April 1, 2017 and where compliant with IRC Section R328. The occupant load for Large Vacation Homes regulated by the IRC shall be determined based on the number of bedrooms approved in conjunction with the 2017 registration application received prior to April 1, 2017.

 

4. Within the Estes Valley Planning Area, Vacation Homes constructed under permits applied for on or after the effective date of this provision shall be permitted to be regulated in accordance with the IRC, where new Large Vacation Homes are prohibited by land use regulations and where compliant with IRC Section R328.

 

5. Within the Estes Valley Planning Area, Vacation Homes constructed under permits applied for on or after the effective date of this provision shall be permitted to be regulated in accordance with the IRC: where new Large Vacation Homes are allowed; where they have less than 2200 square feet of enclosed floor area, excluding attached garages, an occupant load of less than nine and not more than three bedrooms; and where compliant with IRC Section R328.

 

6. Within the Estes Valley Planning Area, Vacation Homes constructed under permits applied for on or after the effective date of this provision shall be permitted to be regulated in accordance with the IRC, where constructed under a Development Plan approved prior to the effective date of this provision and no floor area or additional rooms used for sleeping purposes are added beyond the approved Development plan and where compliant with IRC Section R328.

 

7. Short-term rentals with an occupant load not exceeding ten outside the Estes Valley Planning Area.

 

The following section is hereby amended by adding, deleting or amending these terms to read as follows:

 

Short-term Rental. A dwelling outside the Estes Valley Planning Area constructed in compliance with the scoping provisions of the International Residential Code, where transient accommodations are provided for a single group of ten or fewer occupants and where rooms may not be individually rented to guests who are not part of the group.

 

This section is hereby amended by adding exceptions #1 and #2 to read as follows:

 

1. Short-term rentals with an occupant load not exceeding ten outside the Estes Valley Planning Area.

 

2. Resort lodge cottages are permitted to comply with the International Residential Code. {Resort lodge cottages may be subject to the State of Colorado Accessibility Standards.

 

This section is hereby amended by adding an exception to read as follows: Short-term rentals with an occupant load not exceeding ten outside the Estes Valley Planning Area.

 

 

 

3.         AMENDMENTS TO THE 2018 INTERNATIONAL BUILDING CODES FOR SHORT TERM RENTALS AND VACATION HOMES, FILE#19-CODE0241: This is a request to amend applicable parts of the 2018 International Residential and Building Codes for Short-Term Rentals and Vacation Homes.

 

As part of the overall review process to determine appropriate Larimer County regulations for short-term rentals, County staff scrutinized existing building code requirements and have suggested amendments to be consistent with proposed Land Use Code amendments.

 

 Local amendments to building codes for Vacation Homes and Large Vacation Homes inside the Estes Valley have been in effect since January 1, 2018. With the benefit of experience and suggestions from the public, proposed rules for the remainder of the unincorporated County area are built on the same framework with a few additional safety requirements. Without these amendments, by the letter of the Building Code, all short-term rentals are a change of occupancy from single-family homes to transient residential accommodations, and as such require fire sprinklers, handicap accessibility and other costly alterations.

 

Deadlines for permit applications, life-safety inspections and obtaining Certificates of Occupancy for Estes Valley vacation homes are proposed to be amended to make compliance possible for new applicants not already registered before April 1, 2017.

 

The proposed amendments were heard by the Larimer County Board of Appeals on April 10, 2019 whose role it is to make recommendation to the Board of County Commissions. The board supported the amendments but requested a change be made to IRC Section R329.3.3 to reduce the locations where fire extinguishers are required in un-sprinklered buildings. That section has been changed to reflect their feedback.

 

These amendments are being advanced to the Planning Commission for the commission’s review for consist4ency with the Land Use Code amendments for short-term rentals.

 

Rules for bed and breakfasts have been modified so requirements are not stricter for these owner-occupied transient accommodations than for non-owner-occupied short-term rentals, which likely pose more risks to occupants and neighbors without the supervision of an onsite owner. Staff proposes removing two definitions added by local code and having the scoping exception in IRC Section R101.2 revert to its original, unamended language. Language is also added in IBC Sections 310.2 and 310.3 to clarify that Short-term Rental occupancies may be reviewed and permitted under the IRC.

 

Staff recommends the Planning Commission recommend the Larimer County Board of County Commissioners adopt the proposed 2018 International Residential and Building Code amendments regulating Short-term and Large Short-term Rentals outside the Estes Valley, and amending the regulations for Vacation Homes and Large Vacation Homes inside the Estes Valley Planning Area, to be effective September 1, 2019.

 

Large Short-term Rental: A dwelling outside the Estes Valley Planning Area constructed in compliance with the scoping provisions of the International Residential Code, where transient accommodations are provided for a single group of more than ten occupants and where rooms may not be individually rented to guests who are not part of the group. Large short-term rentals are regulated by the International Building Code.

 

Short-term Rental: A dwelling outside the Estes Valley Planning Area constructed in compliance with the scoping provisions of the International Residential Code, where transient accommodations are provided for a single group of ten or fewer occupants and where rooms may not be individually rented to guests who are not part of the group.

 

Short-term Rental Occupant Load:  For the purposes of using a dwelling as a short-term rental or large short-term rental, the maximum occupant load shall be determined by multiplying the number of bedrooms by two.

 

Transient: Occupancy of a dwelling unit or sleeping unit for not more than 30 days.

 

Matt Lafferty, Principal Planner presented the Board with the project background explaining over the past year, the County held a thorough process to develop the proposed short-term regulations and met or exceeded the requirements for public notice for the hearings. The County has conducted four open houses and meetings with the public and had several work sessions with the Planning Commission and the Board of County Commissioners.

 

Mr. Lafferty gave a presentation of slides with definitions and use descriptions of Dwellings, Bed and Breakfast’ and Short-term Rentals. He went over the Uniformed Performance standards for a short-term rental versus a long-term rental. He explained the process for a 10 or less occupancy compared to a 11 or more occupancy and what each entails.

 

Mr. Lafferty spoke about regulations recommending restrictions on the use of fire pits burning of solid fuels at short-term rental properties in the wildfire hazard areas of Larimer County. He also spoke about the issue of fire sprinklers in short-term rentals being occupied by 11 or more guests.

 

Mr. Lafferty also spoke about limiting one short-term rental per property and having a property manager located within one hour of the property, cooking areas within the short-term rental shall be equipped with a stove top fire stop.

 

Eric Fried, Chief Building Official spoke to the Building Codes part of the short-term rentals and vacation homes.

 

Mr. Fried spoke about the review process to determine regulations for short-term rentals and being consistent with the proposed Land Use Code Amendments. He spoke about the Life Saving inspection requirements including but not limited to: Fire pit rules, automatic fire-extinguishing systems, operations manual, sign postage at each entrance/exit  with contact information.

 

Mr. Fried also spoke about sprinkler systems and handicapped accessibility.

 

Mr. fried explained the differences between residential codes and the International building code. He spoke about change of occupancy permits and Life Safety Survey Inspections.

 

Mr. Fried spoke about the process for amending a Building Code. He explained if the building code is not changed, renting out your home for 30-days or less turns a dwelling into a transient residence occupancy, much like a hotel. He went on to explain under the International Building Code, all residential occupancies require fire suppression sprinklers, handicap accessibility and potentially costly alterations.

 

Mr. Fried talked about the differences between a short-term and long-term rental and spoke of the rules in place in Estes Valley.

 

Mr. Fried spoke about fire safety and specifically occupants that are not familiar with a home so the degree of hazard increases.

 

Leslie Ellis, Community Development Director spoke about the number of applications and that they have a team working on the roll-out and that currently there are approximately 400 illegally short-term rentals within Larimer County.

 

There were several questions between the Board and Staff including manufactured homes and grandfathering certain short-term rentals. They also had questions about Bed and Breakfasts and good neighbor rules and operation manuals.

 

There was discussion about new applicants versus current applicants and the Special Review process.

 

There was discussion about implementation and phasing that could be discussed in the future.

 

Commissioner Donnelly opened the Hearing for public comment.

 

The Following people addressed the Board: John Green, Brent Allred, Dean Norton, Ed Peterson, Mathew Ackermen, Mariah Shreinski, Mark Zigray, Susie Zigray, Mark Zigray (son), Robbie Chelter, Mark Goldstyn, Kendra Adams, and Ryan Zigray.

 

Most of the public spoke to their opposition to  the regulations especially on the issue of sprinkler suppression system to existing homes. They feel this is extremely cumbersome and that these short-term rentals generate and enormous amount of revenue for Larimer County and would hurt small businesses. Some of the public did agree with the notion of having a property manager and felt that they all are in agreement about safety for their guests and their homes.

 

Robbie Chelter voiced approval for the regulations and feels that it will cut down on noise, fire hazards and traffic that she has to deal with from her neighbors’ short-term rental properties.

 

Commissioner Donnelly closed public comment.

 

There was discussion among the Board and staff about the sprinkler suppression system and the process for the Life Safety Inspections.

 

Mr. Lafferty went over the process once a permit is submitted.

 

The Commissions had discussion amongst themselves about the fire sprinkler systems on existing properties and the costs as well as land use code and building codes.

 

Commissioner Johnson stated that he agrees with the fire pit regulations.

 

Commissioner Kefalas thanked everyone for coming and thanked the Staff for their hard work

 

Commissioner Donnelly spoke about the need for regulations for everyone’s safety.

 

MOTION

 

Commissioner Kefalas  moved that the Board of County Commissioners approve the Land Use Code Amendments regarding Short-Term Rentals and Bed and Breakfast uses, as found in File #19-CODE0241-Short-Term Rental and Associated Code Amendments as outlined in the staff recommendations and move that the Board of County Commissioners adopt the proposed 2018 International Residential and Building Code amendments regulating Short-Term and Large short-Term Rentals outside the Estes Valley, and amending the regulations for Vacation Homes and Large Vacation Homes inside the Estes Valley Planning Area, to be effective September 1,019 as outlined in the staff recommendations.

 

Motion carried 3-0

 

With there being no more Land Use Items, the Board adjourned at 9:05 p.m.

 

 

TUESDAY, JUNE 11, 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, County Commissioners’ Office and Deirdre O’Neill, Deputy Clerk.

 

Chair Donnelly opened the meeting with the Pledge of Allegiance.

 

1.    PUBLIC COMMENT: Bob Easen addressed the Board of County Commissioners.

 

2.    APPROVAL OF THE MINUTES FOR THE WEEKS OF MAY 27, 2019 AND JUNE 3, 2019

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the weeks of May 27, 2019 and June 3, 2019

 

 

Motion carried 3-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF JUNE 17, 2019: Ms. Gimeson reviewed the upcoming schedule with the Board.

 

4.    CONSENT AGENDA:

 

Chair Donnelly noted that the second item, Grant Amendment #2 to implementation Grant Agreement between Larimer County and Department of Local Affairs be removed from the consent agenda as it already has been signed.

 

ABATEMENTS: RECOMMENDED APPROVAL – HOME DEPOT USA INC/PROPERTY TAX DEPT 1529 R1611968/95131-94-001 (2018)

 

06112019A002   DRAINAGE AGREEMENT BETWEEN LARIMER COUNTY AND THE SOLDIER CANYON WATER TREATMENT AUTHORITY

 

06112019A003               GRANT AMENDMENT #2 TO IMPLEMENTATION GRANT AGREEMENT (CDBG-DR WI 18-112) BETWEEN LARIMER COUNTY AND DEPARTMENT OF LOCAL AFFAIRS (DOLA)

 

06112019P001                POLICY 320.28B FRAUD AND THEFT REPORTING

 

0611209R001                 A RESOLUTION ORDERING A PUBLIC HEARING TO CREATE LOCAL IMPROVEMENT DISTRICT (LID) NO. 2019-1 (BOYD LAKE SHORES)

 

06112019R002               FINDINGS & RESOLUTION APPROVING THE SAGE VALLEY CONSERVATION DEVELOPMENT RESIDUAL LOT A, LOT 1 & LOT 2 AMENDED PLAT AND EASEMENT VACATION

 

06112019R003               RESOLUTION REGARDING EXTENSION OF APPROVAL

 

MISCELLANEOUS: ESTES VALLEY PLANNING COMMISSION BYLAW AMENDMENTS: Update the bylaws to amend the times of day that Estes Valley Planning Commission members can meet.

 

APPOINTMENTS TO LARIMER COUNTY BOARDS AND COMMISSIONS : Consider appointments and reappointments to the following boards and commissions: Reba Tipton, Denise Jackson and Justin Smith, Board of Adjustment; Paul Higman, Board of Appeals; Brian Delgrosso, Board of Health; Judge Stephen Howard, Beth Ayasse Churchman, Jeff French, Clifford Riedel, David Koons, Michael Allen, Ed Seegrist, Kristine Miller, Sandra Workman and Sara Steen, Community Corrections Advisory Board; Camden Birkeland Estes Park Local Marketing District,  Nicholas Smith  and David Converse, Estes Valley Planning Commission; Pilar Jorgenen, Extension Advisory Board; Chris Thornton, Flood Review Board; Charles Dyer and Cheryl O’Shell, Juvenile Community Review Board; Laura Booth, Land Stewardship Advisory Board; John Schmid, Bruce Gibson and Erica Daniell, Laporte Area Planning Advisory Committee; Averil Strand, Linda Ott, Michele Christensen and Debbie Lapp, Larimer County Interagency Oversight Group; Elaine Boni, Jay Adams, Sharon Courtney, Myles Crane, Lisa Hays, Joe Glombowski, Jill Couch, Danita Nixon and Mary George, Office on Aging Advisory Council; Nancy Wallace, Sherri Valentien, Rick Brent, Bob Hewson, Tom Shoemaker, Linda Stanley and Mark DeGregorio, Open Lands Advisory Board; Russell Fruits and Daniela Lawler, Parks Advisory Board; Jeff Jensen and Nancy Wallace, Planning Commission; Patti West, Kristin Grazier, Karen Stockley, Kevin Thomas, Meghan Bright and Neil Snyder, Rural Land Use Board; Jackie Sindelar, William Dowling, Sylvia Robinson, Deb Spotts, Eric Lea, Jean Runyon, Ann Hutchinson, Nancy Patton, Miki Roth, Mike O’Connell and Julie Cila, Workforce Development Board.

 

 

M O T I O N

 

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

 

Motion carried 3-0.

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS: No guests were present.

 

6.         PROCLAMATION DECLARING JUNE 15, 2019 WORLD ELDER ABUSE AWARENESS DAY: World Elder Abuse Awareness Day (WEAAD) was launched on June 15, 2006 by the International Network for the Prevention of Elder Abuse and the World Health Organization at the United Nations. WEAAD aims to provide an opportunity for communities to promote a better understanding of abuse and neglect of older persons by raising awareness of the cultural, social, economic, and demographic processes affecting elder abuse and neglect. The observance serves as a call-to-action for individuals, organizations and communities to raise awareness about elder abuse, neglect, and exploitation.

 

On June 11th the Office on Aging Ombudsman Program in collaboration with Adult Protective Services, the District Attorney's Office, the Sherriff's Office, and DHS Options for

Long Term Care would like to highlight World Elder Abuse Awareness Day. Amber Franzel, the Lead Ombudsman will share information about the prevalence of abuse and neglect in our community and actions and education around this issue that is being undertaken by the WEAAD planning committee.

 

Lynda Meyer, Amber Franzel, and Daniel McDonald addressed the Board and spoke about Elder Abuse and neglect. They gave a brief overview of the program and about on-going training and honoring caregivers.

 

Commissioner Kefalas read the World Elder Abuse Awareness Day Proclamation and encouraging all our residents to recognize and celebrate older adults and their ongoing contributions to the success and vitality of our county, and to join us in putting an end to abuse of older adults in Larimer County.

 

MOTION

 

Commissioner Kefalas moved to proclaim June 15, 2019, as World Elder Abuse Awareness Day.

 

Motion carried 3-0

 

The Board took a brief recess for a photo.

 

The Board returned to session.

 

7.         PURCHASE OF TRAIL EASEMENT FOR THE POUDRE RIVER TRAIL: John & Brenda Graves have signed a contract to sell a trail easement to Larimer County for an essential portion of the Poudre River trail. This trail easement bisects their 99-acre property that is located one-half mile north of the River Bluffs Open Space and trailhead.

 

The Poudre River Trail has been a priority for the Department of Natural Resources since first identified in the 2001 Open Lands Master Plan, with over $2.65M from the county’s share of open space sales tax funds invested to date in land conservation, trail easements and trail construction. The timing of this trail easement acquisition is critical to submit for a large-scale GOCO Connect Grant in partnership with the City of Fort Collins, Town of Timnath and Town of Windsor for the completion of the Poudre River Trail.

 

Upon closing, which is anticipated to occur in a July/August time frame, this trail easement will establish an essential 1,700-foot segment to contribute to completion of the Poudre River Trail from Timnath to River Bluffs Open Space. It should be noted that the actual construction and public use of the trail will not be completed for approximately 2-3 years.

 

 Approve and sign the contract between Larimer County and John & Brenda Graves for the purchase of a trail easement.

 

Daylan Figgs, Megan Flenniken and Charlie Johnson with the Department of Natural Resources gave an overview of the request to approve a signed contract to purchase a trail easement for the Poudre River Trail. They also went over timelines for completion and explained the deadline date for the application.

 

MOTION

 

Commissioner Johnson moved that the Board of County Commissioners approve the contract with John & Brenda Graves authorizing the expenditure of $200,000 from Larimer County Open Space sales tax dollars for the purchase of a trail easement for the Poudre River Trail.

 

8.         BEHAVIORAL HEALTH SERVICES COMMUNICATION AND MEDIA SPECIALIST: Request for approval of a .5 FTE Communication and Media Specialist

 

Behavioral Health Services is requesting to hire a skilled staff person to create community information and annual reports regarding money being spent from Behavioral Health Services.

 

Funding is within the current budget allocations for the .5 FTE. In an attempt at being fiscally conservative, our intention is to job share this position.

 

Voters will be able to visualize financial and community impacts to the community regarding funding and budget allocations for behavioral health services.

 

Approve a .5 FTE Behavioral Health Services Communication and Media Specialist.

 

Laurie Stolen and Rachel Iverson, Behavioral Health explained to the Board the need for a .5 FTE Communication and Media Specialist.

 

They went over cost calculation compared to contract hires. Ms. Stolen also explained what the job functions of the Media Specialist would entail as far as reporting and web site content.

 

MOTION

 

Commissioner Kefalas moved that the Board of County Commissioners approve hiring a .5 FTE Behavioral Health Services Communication and Media Specialist.

 

Motion approved 3-0

 

 

9.         PROBATION SPACE CONSTRUCTION – 1600 PROSPECT PARK WAY: Sign construction contract with Bryan Construction to begin work on the Probation space at 1600 Prospect Park Way.

 

Relocation of Probation out of the Justice Center is the first step in freeing up space in order to build a new courtroom space for an additional Judge recently approved by the State Legislature. The construction contract value is within the relocation construction budget and the overall project budget.

 

Sign the construction contract with Bryan Construction so that construction may begin

 

Ken Cooper and David Bragg, facilities presented the Board with an update on the relocation of the Probation out of the Justice Center, They went over costs, and timeframes.

 

 

MOTION

 

Commissioner Johnson moved that the Board approve the construction contract with Bryan Construction to build out the Probation space at 1600 Prospect Park Way.

 

Motion carried 3-0

 

10.        RESTATED COVENANTS FOR TRAPPERS POINT SUBDIVISION : The Trappers Point Homeowners Association has developed restated covenants for the subdivision. This merges the two filings covenants into a single document. When originally approved they contained a provision requiring BCC approval of any change. To be eliminated from the covenants are outdated or unnecessary provisions related to septic system inspections, CR 5 maintenance, livestock and mortgage insurance. These were never needed or performed and are now outdated and would not have been required if this subdivision had been processed under the Land Use Code.

 

This is a proposal to have the BCC acknowledge and approve the restated covenants for the subdivision. This merges the two filings into a single document and eliminates certain provisions which are no longer needed or necessary.

 

Commissioner Donnelly and Rob Helmick went over the overview of the covenants for Trappers Point subdivision one and two and removing outdated provisions to the covenants.

 

MOTION

 

Commissioner Kefalas moved that the Board approve the restated covenants for the Trappers Point Subdivision filings one and two.

 

Motion carried 3-0

 

8.         COUNTY MANAGER WORKSESSION: Ms. Hoffman updated the Board on upcoming projects and activities.

 

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

 

10.        LEGAL MATTERS:

 

No Decision Expected

 

Executive Session pursuant to C.R.S 24-6402(4)(b) regarding process for 1041 intergovernmental agreement and related memorandum of understanding with Northern Colorado Water Conservancy District.

 

Decision Expected

 

Executive Session pursuant to C.R.S 24-6402(4)(b) regarding procedure for appeal denying exclusion from a special district pursuant to C.R.S 35-1-501

 

MOTION

 

Commissioner Johnson moved that the Board of County Commissioner enter into Executive Session 24-6-402(4)(b), conferences with and attorney for the purpose of receiving legal advice on specific legal questions, those questions being C.R.S 24-6402(4)(b) regarding process for 1041 intergovernmental agreement and related memorandum of understanding with Northern Colorado Water Conservancy District and 24-6-402(4)(b), regarding procedure for appeal denying exclusion from a special district pursuant to C.R.S 35-1-501.

 

Motion carried 3-0

 

Attorney Frank Haug gave a brief explanation of the appeal process.

 

MOTION

 

Commissioner Kefalas motioned for the Board to accept the designated procedure for an appeal pursuant to C.R.S. 32-1-501 and set July 12yh, 2019 as the date for the record to be provided by the homeowners.

 

Motion carried 3-0

 

 

With there being no further items to discuss the Board adjourned at 10:15 a.m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

____________________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Deirdre O’Neill, Deputy Clerk