MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Toby Stauffer, Michael Whitley, and Brenda Gimeson, Planning Department; Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Eric Fried, Code Compliance; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.
Chair Donnelly opened the hearing with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code. No one addressed the Board with public comment.
Chair Donnelly noted that the following items are on consent and would not be discussed unless requested by the Board or members of the audience:
1. HIDDEN VALLEY ESTATES II PLUP LOT 7 AMENDED PLAT, FILE #11-S3065: This is a request to amend the building envelope for Lot 7 to increase its size.
This property is located west of the City of Loveland, east of the Devil’s Backbone trailhead on Hidden Valley Drive and is located in the Hidden Valley Estates II R.L.U.P. The property is currently zoned FA1-Farming and that will remain the same. The Hidden Valley Estates II R.L.U.P. received final approval in December 2003. The project contained 194 acres and was approved with12 single-family residential lots and 5 residual lots. Each new single-family dwelling included a building envelope that limits the development area. Only a few of the lots in this development have sold and have been built out. The following applicable conditions were listed as part of this development and a note listed the plat accordingly: 1) Every buildable lot has a building envelope. All structures must be located within the building envelopes. 2) A Protected Natural Area is shown on each lot east of the building envelopes as shown on the Final Plat. No trails, all-terrain vehicles or horseback riding, fencing, grading, structures, or landscaping other than plant species native to the site is permitted within this area. 3) Developer agrees that new houses will be setback at least 600 feet away from US 34 and will be required to be kept to the toe of the slope on the east side of the property. These conditions will continue to apply with the amended plat.
This proposal is for an amendment to the building envelope for Lot 7 in the Hidden Valley Estates II R.L.U.P. The home for Lot 7 was built in 2008. The property owners are now planning for the construction of a new detached garage and associated driveway improvements generally located southeasterly of the existing residence. The existing garage is on the south side of the lot along with the driveway improvements. If the detached garage would be placed inside the existing building envelope, it would be located in front of the house and would create additional driveway improvements to the lot. So, since the new garage is outside of the existing building envelope, they are requesting to amend the building envelope to increase the size enough to include the existing home site and the proposed addition. The applicant has indicated the existing homeowners’ association is aware of the location of the new garage and has not indicated they have an issue with the placement.
The lot line will remain the same and the existing access point will remain unchanged. All covenants, deed restrictions and other conditions which applied to the original Rural Land Use Plan will continue to apply. This proposal meets the review criteria. In addition, there will be no changes to the historic drainage because of this change.
There were four responses from the technical referral agencies. There were no major concerns for this proposal. The proposed amended plat for Hidden Valley Estates II R.L.U.P., Lot 7 meets all conditions of approval stated in Section 5.7.3 of the Larimer County Land Use Code.
The Development Services Team recommends Approval of the Hidden Valley Estates II R.L.U.P. Amended Plat, Lot 7, File 11-S3065, subject to the following condition(s) and authorization for the chair 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 April 24, 2012 or this approval shall be null and void.
2. SADDLE RIDGE SUBDIVISON LOTS 1 & 2 AMENDED PLAT: This is a request for an amended plat to combine a 44.3 acre metes and bounds parcel to Lots 1 (6.4 acres) and 2 (8.8 acres) of the Saddle Ridge Subdivision to create single lot being 59.51 acres in area. The remaining portions of the metes and bounds parcel is being added to other parcels in the area as part of a concurrently processed Boundary Line Adjustment application.
The overall effect of this amended plat application and the proposed Boundary Line Adjustment application will be the assimilation of portions of one large acreage parcel into several smaller parcels resulting in one less parcel.
The applicants’ surveyors continue to work on resolving technical issues with the Larimer County Engineering Department regarding the survey aspects of the amended plat, which issues shall be resolved prior to the recordation of the final amended plat.
The Development Services Team believes this application satisfies the requirements for an amended plat and is recommending approval as such with some typical conditions to ensure completion of the application in a timely manner.
The Development Services Team recommends approval of the Saddle Ridge Subdivision Lots 1 and 2 Amended Plat, File # 11-S3052, which includes adding a portion of an adjacent metes and bounds parcel, subject to the following condition(s) 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 April 24, 2011, 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 Dale Greer, Land Surveyor of the Larimer County Engineering Department.
3. HUANG PLANNED LAND DIVISION/PLANNED DEVELOPMENT FINAL PLAT TIME EXTENSION, FILE #08-S2797: This is a request for a one-year extension of time to complete a final plat for a Planned Land Division to divide 10 acres into 3 lots for single-family residential use.
The Huang Planned Land Division Preliminary Plat was approved on May 11, 2009, and a final plat application was submitted for review on August 28, 2009. The land division is a fairly simple 3 lot division with minimal improvements proposed. In January 2011, Planning Staff contacted the property owner and applicant by letter and telephone requesting an update as to the status of the project. The owner subsequently contacted Staff to request an extension of the final plat approval.
This request will extend the time frame to complete the improvements for the plat and finalize the Planned Land Division by one year. Given the state of the economy, the lack of funding available from lenders for development projects, and the need to construct improvements or commit to constructing improvements; the applicant has been unable to complete the Final Plat in 2011 and believes he will be able to do so in 2012.
A two year extension will allow the owner needed time to acquire the funds for improvements to the site.
The Development Services Team recommends approval of the Huang Planned Land Division/Planned Development Final Plat Time Extension, File # 08-S2797, subject to the following conditions:
1. The final plat completion deadline will be extended for two years from the date of signing this approval.
2. All previous conditions of approval remain in effect for this project.
3. Prior to completion of the final plat the applicant shall provide revised collateral to better reflect current price estimates for improvements.
4. RAMONA HEIGHTS LOTS 2B, 3A, & A PORTION OF LOTS 1A, 2A, 19 A&B BLOCK 14 AMENDED PLAT, FILE #11-S3064: This is a request to amend the plat of Ramona Heights to combine two complete lots and a portion of four other lots with a portion of the Quaintance Estate to end up with one entire lot that includes all improvements and structures.
There have been no objections to this proposal voiced by surrounding neighbors. Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:
· Engineering Department Development Review Team
· Addressing Section
· Department of Health and Environment
Comments received from the Land Surveyor of the Larimer County Engineering Department and the Assessor’s office identifies some required corrections to the plat.
The proposed plat amendment to combine several lots and a portion of several lots in Ramona Heights and add a portion of the Quaintance Estate to accommodate existing improvements and structures, will not adversely affect any neighboring properties or any County agency. The Amended Plat will not result in any additional lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code.
The Development Services Team recommends approval of the Amended Plat of Lots 2B, 3A and a portion of 1A, 2A, 19A, and 19B, Block 14 Amended Plat of Record of Ramona Heights, File# 11-S3064, subject to the following conditions and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:
1. The Final Plat shall be recorded by April 24, 2012, or this approval shall be null and void.
2. Prior to the recordation of the Final Plat the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.
3. Prior to the recordation of the Final Plat the applicant shall make the technical corrections requested by the Assessor’s Office.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda, as recommended and outlined above.
Motion carried 3-0.
Mr. Lafferty then noted that the applicants for the Haynes Fee Appeal has withdrawn their appeal request, so item number 5 was removed from the agenda.
6. JIMMY LLC CODE COMPLIANCE, FILE #08-CC0018: This property is zoned C-Commercial, located on the east side of Garfield Ave. (US Hwy 287), about one-quarter mile south of County Road 28 (57th St.).
Operation of an auto repair business on the subject property without first obtaining required land use approval and building permits.
In 2008, in the wake of public inquiries over the proposed start-up of the Daisy Dukes nightclub at the above address, the Code Compliance (CC) section became aware of an auto repair garage operating in the storage warehouse east of the principal building. CC Supervisor Candace Phippen requested a file be opened on January 17, 2008. CC staff has been working with the owners of the property and business since then. The owners have been provided multiple opportunities to bring the property into compliance with County regulations but the violation continues to this date.
The property is Lot 3 of the Wagner Minor Land Division (File 01-S1747). The Board of County Commissioners approved the Wagner MLD on September 10, 2001, with the condition that the warehouse behind the nightclub be used only for inside storage of construction equipment or similar use. Before any other use can legally occur, the owner must obtain Planning staff evaluation to determine if a Planned Development or Site Plan Review would be required.
The property is zoned C-Commercial. Larimer County Land Use Code Section 4.1.18 lists auto repair as a “trade use” under industrial uses that would require Site Plan Review approval. No parcel can have more than one principal building in this zoning district without Special Review approval. Since the property is located within the Loveland Growth Management Area and is contiguous to the City of Loveland, per our Intergovernmental Agreement the county may not accept an application for Rezoning, Special Review or Planned Land Division unless the owner first seeks annexation into the City of Loveland.
The building was constructed under building permit 7495-78 as a one-story storage warehouse. A change of occupancy building permit would be required for auto repair, requiring corrections that may include sprinklering the building and/or installing fire walls and doors, as well as approval from Loveland Fire, the Colorado Electrical Board and County Health Dept.
Over the years, a second floor residential apartment was added which has not been reviewed, approved or permitted. Until earlier this year, a welding shop had been operating in the south half of the building and the welder had been living in the apartment. The apartment needs to be removed and the building returned to one-story storage use only, or the remodel needs to obtain approval through the Planning Department. If such approval is obtained, the owner would need an as-built building permit and inspection approvals.
· The property is zoned C-Commercial. Those uses listed in Section 4.1.18 of the Larimer County Land Use Code for this zoning district are allowed by right or through a review process. Automobile repair is defined as a “trade use” listed under industrial uses that require Site Plan Review approval.
· The building containing the auto repair use is only approved for accessory indoor storage per condition of approval of Wagner Minor Land Division (File 01-S1747).
· No parcel can be used for more than one principal building, according to Larimer County Land Use Code Section 4.1.18.
· The property is located within the Loveland Growth Management Area and is contiguous to the City of Loveland. Per our Intergovernmental Agreement, the County may not accept an application for rezoning or special review unless the owner first seeks annexation into the City of Loveland. If Loveland declines to annex, the property owner may then appeal the annexation requirement to the Board of County Commissioners in order to seek approval of Special Review or Rezoning to Planned Development to allow the auto repair use.
Notice of this public meeting was mailed certified and regular mail to the owner of the subject property as well as by regular mail to all adjacent property owners within 500 feet of the property.
The auto repair use has not been reviewed or approved by Larimer County. Vehicle repair may be classified as a hazardous occupancy with high potential for fire, explosion or release of chemicals into the air or water. Loveland Fire Department has cited the business for safety violations including unsafe electrical wiring and improper storage of flammable and combustible liquids. Numerous vehicles related to the business are stored outside, and there is increased noise and traffic over what would be expected from an accessory storage occupancy. The auto repair use as a second principal use may not be compatible with the approved uses of the nightclub and drive-through coffee business located in the main building on the site. A dwelling unit, especially over a repair garage, presents life-safety issues including fire separation, emergency egress and sanitation.
Staff findings are as follows:
1. The property is zoned C-Commercial.
2. The building in which the auto repair use is located is only approved for accessory indoor storage per condition of approval of Wagner Minor Land Division (File 01-S1747).
3. The property is located within the Loveland Growth Management Area, obligating the property owner to seek annexation into the City of Loveland prior to applying for approval through Larimer County.
4. A change of occupancy and remodel building permit is required for the change from storage to auto repair and for the second floor of the warehouse. Planning approval is needed for any use of the warehouse except indoor storage.
Staff recommends that the commissioners set a deadline for the property owner to bring the property into compliance with County regulations and authorize legal action if the deadline set by the Commissioners is not met.
Mr. Fried explained the proposed violation, as outlined above.
The owner of the auto repair shop, Jane Caesar, explained that they have been running their shop since 2006 and she is now pursing annexation with the City of Loveland and working towards coming into compliance with all agencies.
Chair Donnelly opened up the hearing for public comment and Tad Buonamici, adjacent business owner, stated that there were some safety issues with the auto repair shop and the vehicle storage, and he also noted opposition with annexation into the City of Loveland.
There was no further public comment.
Mrs. Caesar stated that she and her husband run a good business and they have never received any complaints until Mr. Buonamici moved in next door.
Under discussion, Mr. Lafferty stated that partial annexation was not a possibility. Chair Donnelly stated that he felt the Larimer County Land Use Code should be revisited to consider allowing multiple business buildings on a commercial property. Commissioner Gaiter agreed with Chair Donnelly; however, he noted this could take a lot of time to explore and address, so he and Commissioner Johnson were inclined to support staff’s recommendation at this point in time.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners set a deadline of ninety (90) days for the property owner to bring the property into compliance, require compliance as shown below, and authorize legal action if the property is not in compliance by the deadline.
Compliance would entail:
· Submittal of annexation application to the City of Loveland, or written determination by the City that the property need not apply for annexation at this time along with appeal of the annexation requirement to the Board of County Commissioners;
· Complete Special Review or Rezoning application be submitted to county planning;
· Change of occupancy/remodel building permit for auto repair and second floor.
Motion carried 2-1; Chair Donnelly dissenting.
The hearing adjourned at 4:00 p.m.
TUESDAY, OCTOBER 25, 2011
The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Donna Hart, and Diane Tokarz, Commissioners’ Office; Linda Hoffmann, and Michael Whitley, Planning Department; Val Manning, Lou Grant, and George Wallace, Agricultural Advisory Board; Eric Fried, Code Compliance; Gary Buffington, Natural Resources Department; George Hass, Jeannine Haag, and Linda Connors, County Attorney’s Office; and Gael Cookman, Deputy Clerk.
1. PUBLIC COMMENT: Shirley Miller, Lori Shaffer, and Jeff Shaffer questioned the manner in which Larimer County shut down the Drake Campground.
Joe Sullivan, Rae Sullivan, Shelby Majors, and Ken Ecton all voiced displeasure at the Randy Pope/Bingham Hill hearing being rescheduled to November 21, 2011, as most of them have plans to be out-of-town during the Thanksgiving holiday week.
Eric Sutherland presented the City of Fort Collins Charter regulations, noting that the City of Fort Collins is out-of-compliance with some of the provisions contained therein.
Cheryl Distaso and Debra Goodson requested that Larimer County provide financial compensation and relocation assistance for the families being displaced from the Bender Mobile Home Park.
Mel Hilgenberg provided comments upcoming events for the Fort Collins Symphony.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 17, 2011:
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of October 17, 2011.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 31, 2011: Ms. Hart reviewed the schedule for the upcoming week.
4. CONSENT AGENDA:
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the Consent Agenda as outlined below:
10252011A001 CONTRACT AMENDMENT #1 TO ORIGINAL CONTRACT CMS #11 HA4 23965, PROJECT #STU C060-054 (17570) FOR TURN LANES AT CR 17/CR28 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND THE STATE OF COLORADO, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION
10252011A002 2ND ADDENDUM TO DEVELOPMENT AGREEMENT FOR CENTENNIAL FARM CONSERVATION DEVELOPMENT, FILE 03-S2207, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, SALOMONSON BROTHERS LLC & CAREY J. & DONNA L. SALOMONSON REVOKABLE TRUST & CENTENNIAL FARM ASSOCIATION
10252011A003 WAGNER PEYSER/WORKFORCE INVESTMENT ACT FUNDING EXPENDITURE AUTHORIZATION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY WORKFORCE CENTER, AND THE COLORADO DEPARTMENT OF LABOR AND EMPLOYEMENT
10252011R001 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR HERRERA SUBDIVISION 09-S2900
10252011R002 FINDINGS AND RESOLUTION APPROVING THE TIMBERLINE RESOURCES AMENDMENT TO CONDITIONS OF SPECIAL REVIEW
10252011R003 FINDINGS AND RESOLUTION APPROVING THE SEASER LOT SIZE APPEAL
MISCELLANEOUS: Department of Human Services payments for September 2011; appointment of John Kamprath to Estes Valley Public Library District Board of Trustees; appointment of Jo-Ann Mullen to Estes Valley Public Library District Board of Trustees; appointment of Donald L. Bryson to Valley Public Library District Board of Trustees; Order and Assessment for inclusion of unpaid and delinquent stormwater fees and charges owed to Boxelder Stormwater Authority on Larimer County tax bills.
LIQUOR LICENSES: The following licenses were approved and issued: Sols Long Branch – Tavern – LaPorte; Colorado State University - Special Event 6% - Fort Collins; Dunraven Inn - Modification of Premises – Estes Park; Best Western PLUS Crossroads - New Manager Registration – Loveland; Golf Club at Fox Acres - Hotel and Restaurant extension of Temporary Permit – Red Feather Lakes.
Motion carried 3-0.
5. PRESENT OPINION PAPER IN RESPONSE TO SAVE THE POUDRE’S FACTS ABOUT FARMING: Ms. Hoffmann, Ms. Manning, Mr. Grant, and Mr. Wallace reviewed the detailed contents of the response with the Board. The Board was very appreciative of the effort and work that went into this report and commended all involved for a job well done.
6. SPECIAL REVIEW APPLICATIONS FOR PROPERTIES ELIGIBLE FOR ANNEXATION TO FORT COLLINS: Mr. Whitley explained that Lodgepole Investments LLC has established several businesses on their properties without first gaining land use approval. They now wish to annex into the City of Fort Collins; however, under most circumstances the City of Fort Collins will not allow the annexation until the property is brought into compliance. The City of Fort Collins wrote a letter in this instance, which outlined four items that need to be met if this property were to be annexed into the city limits. Much discussion ensued, and that Board directed Mr. Whitley to continue working with the City of Fort Collins for clarification on their letter.
7. HERMIT PARK OPEN SPACE CAMPSITE FEE INCREASE FOR 2012: Mr. Buffington proposed an increase in campsite fees at Hermit Park from $20 per night to $24 per night. He noted that campsite fees have not increased since the area opened in 2008, and that the new fee schedule would be more in line with other public and private campgrounds in the area. This was purely an informational item, and it will be scheduled for a public hearing and decision in the near future.
8. BOARDS AND COMMISSIONS APPOINTMENTS: Ms. Tokarz presented the following recommendations for Boards and Commissions appointments:
Fair Board: Francis LaBarbera, John Lee, Gregg Melick, and Alan Rankin reappointed for 3-year terms beginning December 1, 2011, and expiring November 30, 2014.
GID#12 Club Estates: Carol McGrath appointed for a 4-year term beginning December 1, 2011, and expiring November 30, 2015.
GID#18 Venner Ranch: James Carpenter reappointed for a 4-year term beginning December 1, 2011, and expiring November 30, 2015.
GID#2 Pinewood Springs: Dan Cundall, Donn Fairbank, and George Lorman reappointed for 4-year terms beginning December 1, 2011, and expiring November 30, 2015.
PID#19 Highland Hills: William Miller and Dean Parson reappointed for a 4-year term beginning December 1, 2011, and expiring November 30, 2015.
PID#20 Ptarmigan: Suzanne Lowensohn appointed for a 4-year term beginning December 1, 2011, and expiring November 30, 2015.
PID#27 Crown Point: Roberta Cox and Lowell Kilzer reappointed for 4-year terms beginning December 1, 2011, and expiring November 30, 2015.
PID#32 Charles Heights: B. Kent Bosch and Ronald Duell reappointed for 4-year terms beginning December 1, 2011, and expiring November 30, 2015.
PID#37 Terry Cove: Martina Wilkinson reappointed for a 4-year term beginning December 1, 2011, and expiring November 30, 2015.
PID#42 Cottonwood Shores: Steven Peterson reappointed for a 4-year term beginning December 1, 2011, and expiring November 30, 2015.
PID#49 Wagon Wheel: Kenneth Freiberg appointed for a 4-year term beginning December 1, 2011, and expiring November 30, 2015.
Red Feather Lakes Planning Advisory Committee: Ross Reid and Roger Svendsen reappointed for 3-year terms beginning January 1, 2012 and expiring December 31, 2014.
Workforce Investment Board: Allen Dill, Kelly Peters, and Lynn Vosler appointed for 3-year terms beginning October 25, 2011, and expiring June 30, 2014. Heather Lelchook appointed to complete an unexpired term from October 25, 2011, to June 30, 2012.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the appointments to Boards and Commissions, as outlined above.
Motion carried 3-0.
9. ASSISTANT COUNTY MANAGER WORKSESSION: There were no worksession items to discuss.
10. COMMISSIONER ACTIVITY REPORTS: The Board detailed their attendance at events during the previous week.
11. LEGAL MATTERS: Ms. Haag presented some informational handouts regarding Board of Assessment Appeal statistics. Then Mr. Hass requested the Board go into executive session for legal advice.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners go into executive session for confidential legal advice, as outlined in 24-6-402(4)(b) C.R. S.
Motion carried 3-0.
There being no further business, the meeting recessed at 11:50 a.m.
The Board of County Commissioners reconvened at 2:00 p.m. for an Abatement Hearing. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Christine Murray and Jon Cowling, Assessor’s Office. Craig Hau, Cassie Hau, and Kyle Lindy, Sperry Van Ness; and Gael Cookman, Deputy Clerk.
Ms. Murray described the subject commercial property and presented the packet of comparables and explained that she used the market approach to arrive at an appraised value of $1,539,700.
Mr. Hau presented a packet of comparables, noting that in his opinion, the income approach to value should be used, as the rents have dropped and vacancies are up.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners deny the petition for Abatement for the property located at 7791 Highland Meadows Parkway A, Windsor, Colorado, and uphold the Assessor’s determination of value which is $1,539.700.
Motion carried 2-1; Chair Donnelly dissenting.
The hearing adjourned at 2:35 p.m.
TOM DONNELLY, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk