> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 04/16/12  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, April 16, 2012

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioner Donnelly was present. Also present were:  Chad Jones and Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Candace Phippen and Toby Stauffer, Planning Department; William Ressue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance.

 

Chair Gaiter explained that the following items were on the consent agenda and would not be discussed unless requested by the Board, staff, or a member of the audience.

 

1.         VERNON APPEAL, FILE #12-PSP0027:   This is a request to allow an existing detached accessory living area to remain in a converted barn. The request includes an appeal to Section 4.3.10.H.2.c of the Land Use Code, to allow the accessory living area to exceed the 800-square-foot size limit, or 40% of the square footage in the single family dwelling, whichever is less. 

 

The property is 2.25-acres on S. County Road 13, adjacent to Donath Lake. The property contains a 1,948-square-foot primary residence and a 29.8-foot by 37.3-foot barn that has been converted into an accessory dwelling area. The square footage of the accessory living area is approximately 1,200 square feet.

 

There is no new construction proposed with this request and the existing barn was built about 30 years ago with the living quarters added sometime thereafter. The use was identified in 2010 when a complaint was made to the Health Department about someone living in the barn. Prior owners had worked with the Code Compliance Section in 2010 and Mr. Vernon has been working with Code Compliance through 2011 and 2012 to bring the property into compliance.

 

The accessory living area will be used solely for guests of the occupants of the single-family dwelling or those providing a service on site in exchange for their residence. The accessory living area can not be rented or leased separately from the single-family dwelling. Water is provided by the Fort Collins-Loveland Water District and sewer is provided by an on-lot septic system.

 

A detached accessory living area can be approved administratively through the Public Site Plan process by the Planning Director; however, the request must comply with all applicable requirements of the Land Use Code.  Because this request includes an appeal to a Land Use Code requirement, the size limitation for an accessory dwelling unit, the Planning Director has determined that this item requires a public hearing.

 

This project is proceeding concurrently with a Setback Variance Request to allow the barn/accessory living area to be 77-feet from the centerline of South County Road 13 instead of the required 100-feet listed in Section 4.9.1.B of the Land Use Code. The application, file #12-BOA0887, was conditionally approved by the Board of Adjustment on March 27, 2012.

 

Staff recommends approval of the Vernon Appeal, file #12-PSP0027, subject to the following condition(s):

 

1.    This approval shall automatically expire in two years if a building permit or permits have not been issued for changes to the structure and occupancy of the building.

 

2.         The site shall be developed consistent with the approved plan and with the information contained in the Vernon Public Site Plan and Appeal, file #12-PSP0027, 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 Vernon Public Site Plan and Appeal.

 

3.    In the event the applicant fails to comply with any conditions of approvals, or fails to use the property consistent with the approved Public Site Plan, the applicant agrees that in addition to all other remedies available to the county, the county many withhold building permits, issue a written notice to applicant to appear and show cause why the Public Site Plan approval should not be revoked, and/or bring a court action for enforcement of the terms of the Public Site Plan.  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 Public Site Plan approval, applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees. The county may conduct periodic inspections to the property and reviews of the status of the Public Site Plan as appropriate to monitor and enforce the terms of the Public Site Plan approval.

 

4.    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 Public Site Plan approval.

 

5.    The owner is responsible for obtaining all required building and/or septic permits for the Accessory Living Area. All applicable fees, including permit fees and Transportation Capital Expansion Fees, shall apply to this use.

 

6.    The habitable space of the accessory living area shall be limited to 1,200-square-feet.

 

7.    The single-family character of the property must be maintained.  The entrance(s) to the accessory living area must not be visible from any road.

 

8.    The accessory living area is to be used solely for guests of the occupants of the single-family dwelling or those providing a service on site in exchange for their residency.

 

9.         The accessory living area must not be rented or leased separately from the single-family dwelling.

 

2.         XCEL CACHE LA POUDRE CROSSING AT TAFT HILL FLOODPLAIN SPECIAL REVIEW:   This is a request for approval of a Floodplain Special Review to allow the installation of a 6-inch underground natural gas transmission line to cross the floodway and flood fringe overlay zones of the Cache La Poudre River. 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.  

 

The Flood Review Board met on Thursday, March 22, 2012, and reviewed the report prepared by SEH, Inc dated March 1, 2012. The Board found the analysis to be acceptable and a motion was approved with recommendation to the Board of County Commissioners for approval of the Floodplain Special Review with the following conditions:

 

1.    The applicants’ engineer must analyze the bend scour to demonstrate the pipe is lower than the computed scour and provide the additional information to Larimer County Engineering Staff for approval.

 

2.    The deep bore section of the pipe should be extended approximately 100-feet on each side of what is currently shown in the profile.

 

Since the Flood Review Board hearing, the applicant has submitted additional analysis showing the two conditions of approval have been satisfied.

 

3.         FORT COLLINS/LOVELAND WATER DISTRICT HARMONY ROAD WATERLINE FLOODPLAIN SPECIAL REVIEW:  This is a request from the Fort Collins/Loveland Water District for approval of a Floodplain Special Review to allow the installation of a 24-inch potable water line to cross the floodway and flood fringe overlay zones of the Cache La Poudre River.

 

The Flood Review Board met on Thursday, March 22, 2012, and reviewed the report prepared by the Farnsworth Group. The Board found the analysis to be acceptable and a motion was approved with recommendation to the Board of County Commissioners for approval of the Floodplain Special Review with the following conditions:

 

1.   The depth of bury in the reach near the Weitzel Pond shall be analyzed by the applicant’s engineer and the pipe profile adjusted as necessary to ensure the pipe is located at least 2-feet vertically below the normal water surface elevation in the pond, with the final pipe profile to be approved by the Larimer County Engineering staff before Board approval.

 

Since the Flood Review Board hearing, the applicant has submitted additional analysis showing the two conditions of approval have been satisfied.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as it appears above.

 

Motion carried 3-0.

 

4.         AMENDMENT TO THE RUBBISH ORDINANCE – FIRST READING, FILE #12-CA0123:   Larimer County Ordinance No. 04212008-001 concerning accumulation and removal of rubbish (“Rubbish Ordinance”), effective May 24, 2008, was adopted, in part, to streamline an enforcement process for complaints associated with rubbish, derelict/unlicensed vehicles, illegal outdoor storage and other junk. Revisions to Colorado Revised Statutes require an amendment to Section 30-254 of the Rubbish Ordinance Amend the last sentence of the definition as follows: “rubbish” to read “Rubbish does not include collector’s items properly stored in accordance with SECTION 42-12-402 42-12-103, Colorado Revised Statutes.”

 

This hearing is the first reading of the proposed amendment to the Rubbish Ordinance.  A second reading and public hearing with request for adoption will be held before the Larimer County Board of Commissioners on Monday, May 7, 2012, at 3:00 p.m. in the Hearing Room.

 

5.         FORKS SIGN APPEAL, FILE #12-G0234:   This is a request for an appeal to Section 10.10 - Signs, Standards for Rural Districts in the Land Use Code. The request would allow a proposed sign to have 90-square-feet of sign face and be 20-feet-tall. For non-residential uses in rural districts, the code allows for 32-square-feet of sign face and a height of 6-feet.

 

The property has historically served travelers along Highway 287 and County Road 74E, selling gas, convenience store items and food. Previously the property had an angled double faced “V” sign that provided information to traffic on both roads. When constructed, the sign was larger and taller than what was allowed for signs in the Open zone district at the time, and the sign was located within the Right-of-Way for County Road 74E. 

 

A Code Compliance file for the sign was started in 2005, indicating that the sign had been illegally constructed and was larger than allowed by the sign code. The owner was informed in 2005 that there was no record of permits for the sign and that it was installed sometime after 1996 and therefore required a building permit and zoning approval. In 2006, the County Commissioners found that a sign violation did exist on the property and the signs needed to be removed or building permits obtained for all existing signage. Additionally, the previous owner received a letter from the Road and Bridge Director in 2007 that indicated the sign was in the County Road 74E Right-of-way and that it needed to be removed as its location was a violation of the sign code. The owner at the time and subsequent owners since have not complied with the Commissioners decision or requirements from the Road and Bridge Director until recently when the “V” sign was removed. Currently the property has no signage.

 

The purpose of the sign code is to protect the health, safety, and welfare of the public, provide property owners with an opportunity for safe and effective identification of uses, avoid clutter, and protect and maintain the visual appearance of various areas of the county. The purpose of signage in the rural areas of the County, in this case the Open zone district outside of a Growth Management Area, is to allow signage for uses while maintaining the rural character and residential feel of an area. One distinction between the open zone district and the non-residential districts is that signage is expected in non-residential districts and signs are less common in the rural areas.

 

Business, commercial, or non-residential uses in the Open zone district are held to a smaller level of signage to maintain the visual appearance and residential character of an area. The reduced level of signage is in place to differentiate the rural areas from more commercial areas of the county where a person expects more signage and a different character. Granting the appeal is not consistent with the purpose of the sign code for non-residential uses in rural areas.

 

Though there are no businesses located close to the Forks, approval of the appeal would result in an economic or marketing advantage over other businesses in other rural areas that do comply with Section 10 of the Code. Other non-residential uses in rural areas, on similar sized roadways or in similar situations, have been held to smaller sign standards or to a reduced level of signage in order to maintain the rural nature of less developed places.

 

Therefore, staff recommends denial of the proposed Forks Sign Appeal, file #12-G0234.

 

Should the Board be inclined to approve the appeal, staff recommends the following conditions:

 

1.    Upon approval, the applicant shall apply for a building permit for all existing and proposed signs on the property and receive all necessary inspections for those permits.

 

2.    Building permits shall be applied for within 180 days of this approval.

 

3.    No additional freestanding sign shall be added to the property.

 

4.    This approval is given only for the sign as indicated in the project materials.

 

5.    This approval does not constitute approval of the use or other features on the site.

 

6.         The existing sign structure shall be removed prior to the issuance of a building permit for the proposed sign.

 

7.         The proposed sign must be located outside of the right-of-way as depicted in the “Rights of Way Survey” recorded at reception number 20080028827, which depicts the road rights of way described in Book 956, Page 479, and is considered the correct location of the right-of-way.

 

Chair Gaiter opened the hearing to the applicant and Scott Jennings addressed the Board. Mr. Jennings stated that due to the unique location of the business, the difficult surrounding topography, and the high speed at which traffic travels past the business, he felt a larger sign is necessary.

 

There being no public present in the audience, Chair Gaiter closed the hearing to public comment and much discussion ensued between the Board and staff regarding staff’s recommendation for denial.

 

Chair Gaiter and Commissioner Donnelly both stated that they agreed with Mr. Jennings regarding the location, topography, and traffic speed near the subject location.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Forks Sign Appeal; file #12-G0234, with the conditions above.

 

Motion carried 2-0.

 

There being no further business, the Board adjourned at 3:35 p.m.

 

 

TUESDAY, APRIL 17, 2012

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9 a.m. with Frank Lancaster, County Manager. Chair Gaiter Presided and Commissioner Donnelly was present. Also present were:   Donna Hart, and Deni LaRue, Commissioners’ Office; Rob Helmick, Planning Department; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened up the meeting with the Pledge of Allegiance.

1.    PUBLIC COMMENT:  Mel Hilgenberg addressed the Board with several comments pertaining to county government and community social gatherings.  Mr. Hilgenberg stated that he is adamantly opposed to any increases in 4-H fees, and he suggested the Board pursue retail sales tax on the Internet. 

 

2.      APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 9, 2012: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of April 9, 2012.

 

Motion carried 2-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 23, 2012:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.      CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the following documents, as listed on the consent agenda outlined below:

 

PETITIONS FOR ABTEMENT:  As recommended by the County Assessor, the following Petitions for Abatement are approved:  Heaven’s Door, LLC (4 parcels).  As recommended by the County Assessor, the following Petitions for Abatement are denied:  Agilent Technologies; Bret Larimer, Ltd (4 parcels); Joseph Hague; Harvest Master HOA; Elizabeth Kearney; Kendall Brook Master Association; Dorothy King; Richard Stonacek; Subassociation I at Harvent (2 parcels).

 

04172012A001           GENERAL CONSTRUCTION SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND A P MOUNTAIN STATES, LLC, DBA ADOLFSON & PETERSON CONSTRUCTION

 

04172012R001           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 57 AND 58 OF CRYSTAL LAKES SUBDIVISION, 8TH FILING, AND UTILITY EASEMENT VACATION

 

04172012R002           FINDINGS AND RESOLUTION APPROVING THE ALEMAN SECOND EXPANSION OF NONCONFORMING USE

 

MISCELLANEOUS:  Larimer County Works Policy Specified Caretaker Eligibility; Stipulation as to Tax Year 2011 Actual Value – Lady Moon Ranch Partnership LTD; Recommendation for Appointments:  Julie Burness and Bev Eddinger to Red Feather Mountain Library Board of Trustees through December 31, 2014; Findings and Order to grant a tavern liquor license for Suede Event Center; Stipulation as to Tax Year 2011 Actual Value – Brant L. Baun. 

 

LIQUOR LICENSES:  The following liquor licenses were approved and or issued:  Mountain Whitewater Descents – Beer and Wine – Fort Collins; Eloy’s – Tavern – Fort Collins; Sandy’s Convenience Store – 3.2% - Fort Collins.

 

Motion carried 2-0.

 

5.    RED FEATHER LAKES INTERNET ACCESS AND TELEPHONE SERVICE TO THE COMMUNITY:    Mr. Helmick explained that some citizens in the Red Feather Lakes community are displeased with the level of Internet and telephone services they are receiving from Century Link.  Discussion ensued, as to whether or not the county should get involved, and the Board decided to let the citizen’s continue to work through this matter with their service provider.

 

6.   ADOPT RED FEATHER LAKES PLANNING ADVISORY COMMITTEE REVISED BY-LAWS:   Mr. Helmick presented the revised Red Feather Lakes Planning Advisory By-laws and requested approval on the same.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the revised Red Feather Lakes Planning Advisory By-laws.

 

Motion carried 2-0.

 

 

7.   PRESENTATION OF QUARTERLY POLICY GOVERNANCE MONITORING REPORT:   Mr. Lancaster presented his Quarterly Policy Governance Monitoring Report, and noted compliance in all areas.

 

 

8.   COUNTY MANAGER WORKSESSION:  Mr. Lancaster informed the Board that Senator Udall recognized Larimer County for achieving platinum status in the Climate Wise courthouse challenge for energy efficiency.

 

 

9.   COMMISSIONER ACTIVITY REPORTS:   The Board reviewed their activities and events during the past week.

 

 

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

 

The meeting adjourned at 9:40 a.m.

 

 

__________________________________________

   LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

 

______________________________________

Melissa E. Lohry, Deputy Clerk