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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, DECEMBER 28, 2009

 

LAND USE

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Rennels presided and Commissioners Johnson and Donnelly were present.  Also present were:  Michael Whitley, Planning Department; Traci Shambo, Engineering Department; Eric Fried, Building Department; Doug Ryan, Environmental Health Department; Jeannine Haag, and Bill Ressue, County Attorney’s Office; and Tamara Slusher, Deputy Clerk.

 

Chair Rennels opened the meeting with the Pledge of Allegiance and asked for public comment on the Land Use Code and County Budget.  No one from the audience addressed the Board regarding these topics.

 

Chair Rennels stated that the Item 1 is on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience.

 

1.         CDOT BRIDGE PROJECT FLOOD PLAIN SPECIAL REVIEW:  This is a request to approve the Floodplain Special Review based on the Flood Review Board’s Recommendation of approval for replacement of two steel truss bridges in the Big Thompson Canyon.

 

Neither staff nor the Flood Review Board have any concerns or issues with this request.

 

The Flood Review Board met on Thursday, October 22, 2009, and reviewed the hydraulic modeling report dated September 24, 2009, and found the hydraulic analysis to be acceptable, but needed revisions.  A motion was approved for a favorable recommendation to the Board of County Commissioners for approval of the Floodplain Special Review with five conditions to be met before Board of County Commissioner approval.  The five conditions were met through a revised report dated November 2, 2009, which was reviewed and approved by staff.  Staff also finds that all review criteria in Section 4.2.2.I.2 of the Land Use Code have been met.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda for December 28, 2009.

 

Motion carried 3-0.

 

2.         ISLAND LAKE MARINE CODE COMPLIANCE:  The property owner is in violation of Section 21.1.B of the Larimer County Land Use Code and Section 105 (Permits) of the 2006 International Building Code adopted as part of the Larimer County Building Code by virtue of constructing multiple buildings and structures on the two islands in the lake without obtaining required building permits. Per Land Use Code section 6.2 A.1 “Site Plan Review is required prior to the acceptance of any building permit application for a building or structure to be occupied by a multiple-family or nonresidential use...”

 

This property is located on the southwest corner of the intersection of County Road 36 (Kechter Rd.) and Interstate 25, on the west side of the frontage road.  It is about ¼ mile east of the Fossil Lake subdivision.

 

On August 26, 2009, Jim Devore, Larimer County Supervising Environmental Health Specialist, sent an-email to Chief Building Official Tom Garton inquiring about the status of the property and the structures on the islands. County Health had become aware of the use of the islands for parties in the course of investigating a statewide salmonella outbreak (it should be noted there is no evidence of salmonella associated with this site). Review of our records indicated no building permits of record for any such structures. On September 4, 2009, I called owner John Jensen to ask permission to do an on-site inspection of the islands, which he agreed to. That inspection was performed on September 10, 2009, and revealed several pavilions, kitchens, bars, decks and bathroom buildings requiring building permits. Building permits for commercial structures require Site Plan Review unless “the structure is being built under an approved development plan having the same detail as the site plan process, such as special review or special exception, or is accessory to a permitted agricultural use.”

 

While the property has gone through several planning approval processes, it has never undergone a review “having the same detail as the site plan process.”

 

The history is as follows:

94-ZN0489 – Rezoning application from FA-1 Farming to C-Commercial, proposed use to be boat and travel trailer sales and repairs.

 

95-MS0717 – Request to subdivide the 63.27 acre parcel into 2 parcels of 25.39 & 37.88.

Board of County Commissioners held hearings on these requests on October 2 and November 13, 1995, approved the rezoning and preliminary plat and recorded their Findings and Resolution on December 8, 1995.

 

97-F3160 A building permit for a boat sales and repair facility was issued on January 20, 1998. This structure received a certificate of occupancy on February 28, 2000.

 

Other building permits of record include Sign Permits 98-F5543 and 99-B1550, and Permit 03-B0090 for an addition to the sales/repair building. These permits passed final inspection and the addition received a Certificate of Occupancy on January 19, 2004.

 

In 2002, code compliance file 02-ZV0094 was initiated alleging the use of the property had exceeded the conditions of approval by renting out the islands for private parties.

 

A clarification hearing was held before the Board of County Commissioners on October 7, 2002. Staff’s position was that the recreational use required Special Review. The Board of Commissioners disagreed, finding that the original approval allowed for the recreational use of the islands. An F&R concerning the clarifications was approved by the Board of Commissioners on January 21, 2003, and recorded on January 22, 2003, (attached). The Board found that “the conditions of approval were not intended and do not preclude applicant’s use of the lake for private parties, provided parking, sanitation and insurance issues are adequately addressed.” A letter addressing these issues was subsequently provided by applicant’s attorney, but no further review was done by county staff to see if the letter “adequately addressed” these concerns. No inventory was done of the structures on the islands, and no building permits were applied for or issued.

 

Given the 2002 clarification hearing, county staff does not question the use of the islands for private recreational activity, but contends that no review “having the same detail as the site plan process” has ever been done. In addition, any site plan review done at the time of rezoning and land division would not include buildings constructed after that time. Therefore, the required building permit applications would trigger the Site Plan Review requirement.

 

Building permits are required to safeguard public health and safety by ensuring that structures meet minimum standards for structural strength, means of egress, sanitation, light and ventilation, safety to life and property from fire and other hazards, and handicap accessibility. The Chief Building Official is concerned with occupancy of the structures absent building permits and an engineering review of their structural safety. Poudre Fire Authority has concerns with fire-resistance of construction materials, emergency access, evacuation and fire-fighting capacity on the islands. Health Department’s concerns include potable water, sewage, food, and drink preparation.

 

The purpose of the Site Plan Review process is to ensure that all requirements of the Land Use Code and other applicable codes and standards are addressed and to ensure that the site infrastructure is adequate to support the use of the proposed buildings. In addition to Site Plan Review, Flood Review Board approval may be needed because the buildings constructed without permits are located in the floodway and flood fringe.

 

Staff finds the following:

 

1.   The property is zoned C-Commercial.

2.   Building permits are required for numerous structures on the islands.

3.   Building permits for commercial structures require Site Plan Review.

 

Staff requested that the Board consider tabling this item due to new documentation presented to the County Attorney prior to the hearing. Discussion ensued regarding the necessity for tabling and the benefits it may provide to the applicant. Ms. Haag explained that the contents of the document may influence the Board’s decision on this violation and requested time to review the document.

 

John Jensen addressed the Board on behalf of the applicant stating that he would not be in support of tabling this item because the documentation presented to the attorney would have little to no impact upon this hearing.  Mr. Jensen firmly believes that the outstanding issues can be resolved by obtaining the necessary building permits.

 

Mr. Lafferty detailed the violations on the property citing sanitation issues, unpermitted structures on the property, access violations from County Road 36, improper emergency access to the property, violations of development in a flood plain, and parking/circulation concerns.  Staff explained that most of these issues would be resolved by following the Site Plan Review process and could potentially be bypassed if the applicant was reliant entirely on obtaining building permits.

 

Mr. Jensen presented documentation to the Board detailing the history of the development at the sites as well as prior development agreements, site plans, landscaping plans, and Board rulings from 2002.  Mr. Jensen explained that this process has been ongoing for many years and he would like the opportunity to work with Staff by adhering to the building permit process, thereby rectifying any outstanding code compliance grievances at the site.

 

Chair Rennels opened the hearing for public comment and Joe Jaramillo, Assistant Fire Marshal with Poudre Fire Authority, addressed the Board to explain the concerns of the Fire Marshal regarding the site including emergency access and occupancy limits.

 

Much discussion ensued regarding the violations that exist on the property and the actions needed to resolve them. 

 

M O T I O N 

 

Commissioner Johnson moved that a violation exists in that the required building permits have not been obtained.  This violation must be cured by the owner obtaining the required building permits.  Commissioner Johnson further moved that the requirement for a site plan approval be waived provided the owner complies with the following requirements.

 

1.   A sanitation plan submitted and approved

2.   Approval for the use and development is provided by the Flood Plain Review Board

3.   An access, parking and circulation plan be approved by the Poudre Fire Authority, Fire Marshal

4.   Emergency access plans are approved by the Colorado Department of Transportation and the Larimer County Engineering Department

5.   A complete inventory of the site be completed. This inventory should include photographs of the structures and development as well as documentation regarding the use of each.  Any further development of the property, including new or modified uses, addition of new structures or changes to existing structures must be approved by the Board in writing as stated in the Development Covenant.

 

Motion carried 3-0.

 

3.         BORENSEN LOT SIZE APPEAL, FILE #09-G0183:  This is a request for approval of a lot size appeal to allow for the recognition of an existing 6.19 acre parcel as a legal lot in the O-Open zoning district where the minimum lot size is 10 acres.

 

The subject property is a 6.19-acre undeveloped lot that has been in its current configuration since 1981.  The property is zoned O – Open.  The minimum lot size in the Open zoning district is 10 acres.

 

Before 1981, the property was the north half of a 12.38 acre legal lot in the Mountain Estates area.  Mountain Estates is a collection of parcels south of Rist Canyon Road that was created through deeds and unrecorded contracts prior to May 5, 1972.  May 5, 1972, was the effective date of Senate Bill 35 which was a State of Colorado bill that defined a subdivision as the division of any parcel into lots or interests of less than 35 acres per lot or interest.  According to information in the Planning Department’s legal lot files, lots within the Mountain Estates area were recognized as being legal lots in March 1975.

 

In 1981 the owner of the 12.38-acre parcel passed away.  As a part of the settlement of the estate, the 12.38-acre parcel was divided into a northern 6.19-acre parcel and a southern 6.19-acre parcel.  Testate Estate deeds transferred ownership of the two parcels to the owner’s sons. 

 

Property may be divided by a court as a part of the settlement of an estate but the resultant lots must meet the minimum lot size requirements of the applicable zoning district.  In this instance the property is zoned O – Open which requires a minimum lot size of 10 acres. 

 

Because the subject property is smaller than the 10 acre minimum lot size required by the Open zoning district, it is not considered to be a legal lot and would not be eligible for building permits.  If the Board grants the proposed lot size appeal, the lot would become a legal lot.

 

The son who inherited the subject parcel recently passed away and his widow would like to sell the parcel. 

 

The southern 6.19-acre parcel is owned by a family that also owns approximately 122 adjacent acres.  Those property owners are aware of the ability to request a lot size appeal for their parcel but have chosen not to apply for an appeal at this time.

 

The Development Services Team finds that the proposed lot size appeal meets the review criteria found in Section 22.2.4 (review criteria for appeals to deviate from minimum lot size requirements) of the Land Use Code and recommends approval of this lot size appeal.

 

Discussion ensued regarding the location of the lot and the access easements.  Mr. Weixelman, the applicant, addressed the Board and ensured that the access has been deeded along Little Whale Road.  Mr. Weixelman also expressed his support of the staff report.

 

There was no public comment regarding this topic.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Borensen Lot Size Appeal, File #09-G0183.

 

Motion carried 3-0.

 

There being no further business the hearing adjourned at 5:30 p.m.

 

 

TUESDAY, DECEMBER 29, 2009

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager.  Chair Rennels presided and Commissioners Johnson and Donnelly were present.  Also present were:  Deni LaRue, and Donna Hart, Commissioners’ Office; Nancy Griffith-Conklin, and Joe Ferrando, Community Corrections; Gary Buffington, Natural Resources Department; Charlie Johnson, Engineering Department; Linda Hoffman, Rural Land Use Center; Michael Kirk, Facilities and Information Technology Department; Bill Ressue, County Attorney’s Office; and Tamara Slusher, Deputy Clerk.

 

1.         PUBLIC COMMENT:   Rosemary VanGorder addressed the Board to discuss accountability and oversight in the Larimer County Department of Health and Human Services.  Ms. VanGorder requested that Board look closely at the relationship between the employees of Health and Human Services and the County Attorney’s office as well as considering the benefits of a state run foster care system.  Discussion ensued regarding funding currently provided for child protection by the state as well as the current system adopted by Larimer County. 

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 21, 2009:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of December 21, 2009.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 4, 2010:  Ms. Hart reviewed the schedule for the upcoming week with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

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

 

12292009A001           ADDENDUM TO ARCHITECT AND DESIGN SERVICES CONTRACT DATED MAY 13, 2008, BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ARCHITECTS’ STUDIO

 

12292009D001           DEED OF DEDICATION:  DALE J. LEEGAARD AND ROSE V. LEEGAARD

 

12292009R001           FINDINGS AND RESOLUTION APPROVING AMENDMENTS TO THE DEVELOPMENT AGREEMENT AND REINSTATEMENT OF A LOT SALE RESTRICTION FOR TEAL CREEK PUD

 

LIQUOR LICENSES:  The following license was approved and issued:  Fort Collins Hospitality LLC dba Ramada Inn – Hotel and Restaurant – Fort Collins.

 

Motion carried 3-0.

 

5.         REQUEST A NEW FTE WITHIN COMMUNITY CORRECTIONS FOR JAIL DIVERSION/RE-ENTRY:   Ms. Griffith-Conklin and Mr. Ferrando explained that this position is currently filled by a full time employee of the Health and Human Services Department (HHS).  Due to funding changes for 2010, HHS cannot continue to fund this position and wants to transfer the employee but not the FTE position to Community Corrections.  Community Corrections does not have an open position and is coming to the Board with that request. 

 

Discussion ensued regarding the funding for this position and how it would carry forward to 2011.  Mr. Ferrando explained that the funding would be re-evaluated in approximately six months to determine future funding.  The Board requested that this issue be brought forward again after the funding has been evaluated in six months.

 

Commissioners Johnson and Donnelly asked questions regarding the reason for not transferring the entire position to Community Corrections without creating a new FTE position.  It was determined that this position would be transferred from HHS to Community Corrections and in order for HHS to maintain this FTE they would have to request the position from the Board at a later date.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the transfer of one Full Time Employee (FTE) from the Department of Health and Human Services (HHS) to Community Corrections for the Jail Diversion/Re-Entry position.

 

Motion carried 3-0.

 

6.         FOSSIL CREEK AMENDED INTERGOVERNMENTAL AGREEMENT AND SUBLEASE:  Mr. Buffington and Mr. Johnson explained the purpose of this amended intergovernmental agreement and sublease, citing the process and responsibilities for transitioning the Fossil Creek Regional Open Space from Larimer County management to the City of Fort Collins.  This agreement and sublease would allow County staff to utilize office space at the site and allow a smoother transition from one entity to another.

 

The Board expressed concern regarding any potential changes in the level of services provided at the open space currently.  Mr. Buffington reassured the Board that there should be no changes visible to the citizens.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the amended Intergovernmental Agreement and Sublease between Larimer County and the City of Fort Collins.

 

Motion carried 3-0.

 

12292009A002           AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT CONCERNING THE FOSSIL CREEK RESERVOIR AREA PROPERTY BY AND BETWEEN THE CITY OF FORT COLLINS, COLORADO AND LARIMER COUNTY, COLORADO

 

12292009A003           SUBLEASE; FOSSIL CREEK RESERVOIR BY AND BETWEEN THE CITY OF FORT COLLINS, COLORADO AND LARIMER COUNTY, COLORADO

 

7.         PROJECT ADVISORY TEAM FOR THE REGIONAL FOOD SYSTEM ASSESSMENT:  Ms. Hoffman addressed the Board to request approval to proceed with asking potential members if they are willing to participate in a Project Advisory Team for the Regional Food System Assessment and presented a list of potential members to the Board. The Board agreed with Ms. Hoffman’s actions and Commissioner Rennels asked that the Board receive an update after appointments are made so that information could be provided to the Downtown Development Authority and other regional entities.

 

8.         CARTER LAKE SAIL CLUB LICENSE RENEWAL:  Mr. Buffington explained to the Board that the current license for the Carter Lake Sail Club expires at the end of 2009.  The new License would be effective for five years beginning on January 1, 2010 and would identify a $15,000 annual payment to the Department of Natural Resources for each of the five years.

 

Mr. Victor Hoisington and Mr. Dave Lock addressed the Board as members of the Sail Club expressing satisfaction with the new license terms and complimenting staff for their support over the years. 

 

The Board asked questions regarding the exclusive use of the land and the possible conflicts with the Bureau of Reclamation.  Mr. Buffington reassured the Bureau of Reclamation understands the integral part that the Sail Club plays at the site and that staff will continue to work closely with them to resolve any outstanding issues.  Mr. Buffington also described future improvements that the Sail Club is going to make at the site to benefit its members and the citizens of Larimer County.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the contract license for the Carter Lake Sail Club effective January 1, 2010 through December 21, 2014.

 

Motion carried 3-0.

 

12292009A005           LICENSE FOR CLUB OPERATIONS BETWEEN THE BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO AND THE CARTER LAKE SAIL CLUB

 

9.         ESTES VALLEY CAMPGROUND:   Mr. Buffington asked the Board to approve the proposed contract between the Estes Valley Recreation and Park District and the Larimer County Department of Natural Resources for campground management of two sites (Mary’s Lake Campground and Estes park Campground).  This contract is for a 5 year term with three 5 year extensions beginning on January 1, 2010.

 

Mr. Stan Gangler and Mr. Mike Richardson addressed the Board on behalf of the District and expressed their desire for this partnership stating that it would greatly benefit the citizens who utilize these sites.  Discussion ensued regarding funding for the project and the return on investment to the County.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the contract between the Estes Valley Recreation and Park District and the Larimer County Department of Natural Resources for campground management at Mary’s Lake Campground and Estes Park Campground located in the Estes Park Valley for a 5 year term with three 5 year extensions beginning January 1, 2010.

 

Motion carried 3-0.

 

12292009A004           MANAGEMENT SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO AND THE ESTES VALLEY RECRETION AND PARK DISTRICT REGARDING MARY’S LAKE AND ESTES PARK CAMPGROUNDS

 

10.       PROBATION REMODEL AT THE LOVELAND 205 E. 6TH STREET BUILDING TO PROVIDE OFFICES FOR NEW STAFF:  Mr. Kirk addressed the Board stating the need for additional office space at the Loveland office in order to house 7 Probation Juvenile Officers that are currently sharing office space at the Fort Collins Police/Court Building.  Mr. Kirk explained that this remodel would be the first step in the process of improving the Loveland site providing ADA accessible restrooms, conference rooms, break room, and security door access controls.  Mr. Kirk also mentioned the energy efficiency assessments and improvements that would be performed as a part of this remodel.

 

The Board stated the need for Larimer County to maintain a presence in downtown Loveland as a service to the citizens and that this remodel is in line with that necessity. Discussion ensued regarding the funding for this project as well as the long term goals for improvements of the Loveland site.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve $110,000 to fund a minor interior building remodel from the Courthouse Sales Tax reserve, for 205 E. 6th Street in Loveland, Colorado, First Floor, North End, to increase the number of office spaces available for Probation Officers to meet with clients.

 

Motion carried 3-0.

 

11.       ASSISTANT COUNTY MANAGER WORKSESSION:  Mr. Gluckman addressed Commissioner Rennels and expressed gratitude and respect on behalf of all the departments, divisions, employees, and citizens for all of the work performed over her terms as County Commissioner.

 

Discussion ensued regarding the upcoming legislative session and Colorado Counties, Inc. committee appointments.

 

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

 

13.       LEGAL MATTERS:   Ms. Haag requested that the Board go into executive session for conferences with an attorney.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into Executive Session for conferences with an attorney, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 3-0.

 

There being no further business, the meeting adjourned at 11:30 a.m.

 

 

 

 

 

 

 

________________________________

                        STEVE JOHNSON, CHAIR PRO-TEM

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Tamara L. Slusher, Deputy Clerk