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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, June 10, 2013

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Pro-Tem Donnelly presided and Commissioner Gaiter was present. Also present were, Clint Jones, Engineering Department; Doug Ryan, Health and Environment Department; Karin Madson, Planning Department; Jeannine Haag, Deputy County Attorney; and Dana Polley, Deputy Clerk.

 

Chair Pro Tem Donnelly opened the hearing with the Pledge of Allegiance, and explained that items 1-4 were on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience.

 

Mr. Lafferty explained that the applicant for item #5, Tapestry House Sign Appeal, File #13-G0248, has requested to postpone the public hearing until all Board members are present. Chair Pro-Tem Donnelly and Commissioner Gaiter suggested the hearing be moved to July 1, 2013.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners table the Tapestry House Sign Appeal, File #13-G0248 until the public hearing on July 1, 2013 at 3:00 p.m.

 

Motion carried 2-0.

 

1.  LAND USE CODE AMENDMENTS, LANDSCAPING, FILE #13-CA0132:   This is a request to make several changes to Section 8.5 Landscaping of the Larimer County Land Use Code.

 

The Land Use Code is a living document that requires periodic housekeeping amendments to make it function properly.  Since the adoption of the Section 8.5 (Landscape) regulations in 2000, Staff has reviewed and approved over 430 landscape plans.  This review experience has allowed Staff to propose the attached revisions based on input provided by private sector professionals who produced landscape plans, and other users of our existing code provisions regarding landscaping. Staff has reorganized the sections to facilitate easy reading of the code and eliminated a number of cross-references between subsections.  For example, Section 8.5.6 (Parking Lot Landscaping) directs readers to Section 8.5.9 (Landscape Design Standards).  Section 8.5.9 starts with buffering and screening standards, but is unclear if these apply to parking lots.  That information is found further on in Section 8.5.9.D.  However, Section 8.5.9.D redirects readers to the buffering or screening standards in Section 8.5.4.  This reorganization will make the code easier to read and use.

 

In addition to the above, the following are the most significant revisions:

·  A section has been added based on new State statute requiring licensure standards for landscape    architects.

·  Some standards are difficult to interpret and are revised.  For example, the current standard is that 25% of trees have to be a certain height or caliper.  This is changed to 20% for ease in calculations.  With 20%, an applicant is required to provide 2 out of 10 trees to meet the standard and not 2.5 out of 10 with the current 25%.  It also reduces the cost to applicants because the number of larger trees is reduced.

·  A change to the Plant Species Mix Standards to modify the maximum percentage of a particular species allowed.  This change is based on a recommendation from the County Forester to address disease/pest issues that have the potential to affect large numbers of a species.  The change is intended to make the tree species mix more diverse.

·  The parking lot standards are revised to give applicants more options for landscape island design and their placement.  The revised standards allow the use of smaller landscape islands in certain areas.  Parking lots for small sites can also combine street frontage landscaping with the parking lot landscaping requirement, as long as the intended buffering or screening effect is met.  (A literal interpretation of the existing regulations requires both parking lot landscaping and street frontage landscaping.)  The ability to combine the two will reduce costs for applicants provide greater flexibility in meeting business needs and the intent of the regulations.

·  New requirements are recommended for protecting existing trees during and after construction.  These are typical of municipal standards, as mature trees are recognized as a valuable asset in any landscape.  The existing regulations require identification and protection for significant trees, but do not provide specific direction.  The difficulties noted in protecting the historic Norway maple during construction of the County’s 200 West Oak building prompted this addition.

·  A requirement is added that irrigation plans shall be done by Certified Irrigation Specialists. A properly designed and functioning irrigation system is critical to the long term health of any landscape.  The irrigation plan must be designed to address the specific water need for each defined zone, a requirement of any Xeriscape design.

·  A section is added to advise applicants they can appeal landscape standards to the Planning Director (administrative review) or ultimately the Board of County Commissioners.

·  A recommendation is added that allows applicants to provide a landscape narrative in lieu of a detailed plan.  Use of a narrative is intended to reduce costs for applicants at sites where some level of landscaping is required, but a detailed landscape plan is not considered necessary.

·  A statement is added to clarify that in certain areas, such as around Fossil Creek, supplementary landscape regulations apply as adopted.

·  The required amount for landscape collateral is revised from 125% to 115%, to be consistent with other warranty collateral requirements.

·  An indemnification statement is added, similar to that used by engineering regulations, because of the new licensure requirements for landscape architects.

·  Please note, the section on Fences and Walls is not amended, as changes to that section were adopted in the past.

 

The overall number of changes, revisions and additional information added to Section 8.5 prompted this recommendation for a complete replacement of that section.  The intention is to provide as much flexibility in applying landscape standards as possible to address specific issues, but allowing for individual approaches to design.

 

The Planning Staff recommends that the Board of County Commissioners approve the proposed amendments, file #13-CA-0132, to the Larimer County Land Use Code.

 

2.   LAND USE CODE AMENDMENTS, MULTIPLE PRINCIPAL BUILDINGS, FILE #13-CA0131:   This is a request to make changes to the Land Use Code, sections 4.1.17 (B-Business), 4.1.18 (C-Commercial), 4.1.19 (I-Industrial), and 4.1.20 (I-1 Heavy Industrial) by allowing multiple principal buildings in specific zoning districts.

 

The original 1963 Comprehensive Zoning Resolution for Larimer County was amended in 1972 to include language restricting the number of principal buildings on a single lot to no more than one.  That language was included in the Land Use Code when it was adopted in 2000.  The restriction works well for zoning districts that allow residential uses where the subdivision process is used to increase density.  It also served a purpose at one time for commercial and industrial zoned properties prior to the implementation of the site plan review process.

 

The way the Land Use Code is currently written a single lot may have numerous principal uses, even numerous owners through the condominium process, but lots are limited to one principal building unless more than one is approved through a planning process such as rezoning or special exception. 

 

While staff had been able to administer the current regulations without significant issue, we believe that the restriction for commercial and industrial zoned properties is no longer needed because we have the site plan review process.  The site plan review process gives the County the ability to evaluate a site when new non-residential buildings or uses are proposed with regards to public safety and welfare by examining adequate public facilities, parking, drainage, circulation, etc. Moreover, campus-style development is now commonplace and the one principal building per lot restriction interferes with that development pattern.

 

Staff has researched the subject and found that both the City of Loveland and the City of Fort Collins allow multiple principal buildings on lots that are in commercial or industrial zoning districts.   

 

The Development Review Staff believes that removing the restriction that limits the number of principal buildings in the B-Business, C-Commercial, I-Industrial, and I-1 Heavy Industrial zoning districts would provide a better opportunity for land owners to use their property without having to go through extensive planning processes and would also be consistent with what both the City of Loveland and City of Fort Collins allow. 

 

The Planning Staff recommends that the Board of County Commissioners approve the proposed amendments to the Larimer County Land Use Code, File #13-CA0131.

 

3.  GRAVES MINOR LAND DIVISION LOT 2 AMENDED PLAT / GRAVES BOUNDARY LINE ADJUSTMENT, FILE #12-S3130:  This is a request for an Amended Plat and Boundary Line Adjustment to reconfigure Lot 2 of the Graves Minor Land Division with a portion of the Graves property that is not platted.

 

The subject request is to adjust the property boundary between Lot 2 of the Graves MLD and an adjacent metes and bounds property.  The properties in question are situated on the south side of 54E just west of Highway 287. 

 

The reason for this Amended Plat and corresponding Boundary Line Adjustment is to situate the Morning Fresh Dairy on one property as it currently is bisected by a property line.  If approved a simultaneously processed application to add yogurt manufacturing to the morning fresh dairy will be considered for the metes and bound property.

 

The Development Services Team recommends approval of the Graves MLD Lot 2 Amended Plat, File #12-S3130, 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 January 1, 2014, or this approval shall be null and void.

 

4.  MORNING FRESH DAIRY SPECIAL REVIEW, FILE #12-Z1894:   This is a request for Special Review to allow the manufacturing/processing of Yogurt as Value Added Agriculture at the Morning Fresh Dairy.

 

The subject request proposes to allow yogurt manufacturing as a Value Added Agricultural component at the existing Morning Fresh Dairy.  The Morning Fresh Dairy is located northwest of LaPorte on both the north and south sides of County Road 54E on the east side of Highway 287.  The existing dairy includes a bottling operation, limited on-site retail sales and off-site home delivery services. Additionally, in the recent past yogurt processing was added to the dairy operations without approval from the County for which this application is remedying.

 

The vicinity of the proposed application consists of a rural agricultural setting situated approximately 1.5 miles north of town site of Bellvue.  Primary access to the site is from Highway 287 via County Road 54E.  The property is zoned O (Open), which primarily allows for rural residential and agricultural operations.

 

The proposal is to add yogurt manufacturing to the existing dairy operations site and will include the addition of approximately 45,000 to 50,000 square feet of building, of which some of this space has already been constructed and will accommodate both the existing dairy operations and the yogurt processing. One of the shared facilities will include an office/sales building located along the southern access from County Road 54E. The application illustrates maintaining and improving current access points and parking facilities in anticipation of the modified site design.  Other changes and improvements will include the relocation and consolidation of farm labor houses from the south side of CR 54E to the north side, as well as, drainage, wastewater disposal and fire protection improvements. 

 

For the purposes of this application Value Added Agricultural Processing is the processing and/or packaging of agricultural products including the sales of such products as an incidental and supportive component of the dominant agricultural use of a site.  There are varying levels of review for Value Added Agricultural Processing proposals. The required process depends upon factors such as property size, percentage of raw materials produced on the site, building size and/or traffic impacts. In this instance a Special Review is required because of the scale of the operation and level of traffic associated with the use.

 

The Development Services Team recommends the Larimer County Planning Commissioner recommend to the Board of County Commissioners approval of the Morning Fresh Dairy Special Review (File # 12-Z1894) subject to the following conditions:

 

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 Site shall be developed consistent with the approved plan and with the information contained in the Morning Fresh Dairy Special Review (File # 12-Z189) 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 Morning Fresh Dairy Special Review.

3.   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

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

5.   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.

6.   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.   Wastewater management for the dairy farm, dairy plant, and yogurt manufacturing facility shall be conducted in accordance with requirements administered by the Colorado Department of Public Health and Environment.  In order to demonstrate progress toward these standards, the applicant shall work with the Hazardous Materials and Waste Management Division to develop a compliance schedule for bringing the dairy plant and yogurt facility into compliance with the Solid Waste Sites and Facilities Regulations.  A state approved compliance schedule shall be presented prior to issuance of building permits for facilities addressed under this land use special review. 

8.   Unless the Planning Department is notified in writing to by the Poudre Fire Authority and the Larimer County Building Department, the yogurt expansion and annex buildings on the South Side of CR 54E and the warehouse building on the north side of CR 54E shall be equipped with automatic fire sprinkler systems.  Said systems shall be installed in the existing buildings noted above by January 1, 2014.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as listed above.

 

Motion carried 2-0.

 

There being no further business, the Board adjourned at 3:10 p.m.

 

TUESDAY, JUNE 11, 2013

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Pro-Tem Donnelly presided, Commissioner Gaiter was present and Chair Johnson joined the meeting via telephone.  Also present were:  Assistant County Manager, Neil Gluckman, and Deni LaRue, Commissioners’ Office; Linda Sanders, Engineering Department; Steve Balderson, David Bragg, Troy Griffin, and Mark Pfaffinger, Facilities & Information Technology Department; Ed Schemm, Health Department; John Gamlin, Human Resources Department;  Ginny Riley, Human Services Department; Karin Madson, Planning Department; Lieutenant Steven Bebell, Sheriff’s Office; David Ayraud, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

Chair Pro-Tem Donnelly opened the hearing with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:  Vic Day asked the Board to require the Boxelder Stormwater Authority to make more informed decisions. Mr. Day stated that many of the members of the authority were rushing into decisions before proper research could be conducted.

 

Greg Leverette explained to the Board ways in which Child Protection Services fails the families which they are supposed to protect. Mr. Leverette was especially upset with the extended timeframes for processing claims and his perceived lack of due diligence.

 

Stacy Lynn presented the Board with two examples of what she deemed illegally executed documents from the Larimer County District Court. Ms. Lynn vowed to keep fighting until she obtained liberty and justice in her case.

 

Mel Hilgenberg addressed the Board and provided updates on various theatrical events occurring throughout the City of Fort Collins. Mr. Hilgenberg charged the Board with the task of becoming true leaders in the community.

 

Eric Sutherland and John Morley addressed the Board in regards to URA and TIF funding. Mr. Sutherland noted his opinion that the county staff and attorneys were not well educated on either topic.

 

Rosemary Van Gorder requested that the Board invest some of the money that has been proposed for the expansion staff and facilities for the Health and Human Services Department on the families that the department is tasked with protecting.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEKS OF MAY 27, AND JUNE 3, 2013:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the weeks of May 27, and June 3, 2013.

 

Motion carried 3-0.

 

3.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as listed below:

 

PETITIONS FOR ABATEMENT:  As recommended by the Larimer County Assessor, the following Petition for Abatement was approved:  TKH Real Estate Holdings LLC.

 

06112013A001           MEMORANDUM OF UNDERTANDING PURSUANT TO HOUSE BILL 04-1451

 

06112013A002           STATE OF COLORADO PERSONAL SERVICES CONTRACT FOR COMMUNITY RETURN TO CUSTODY FACILITIES (CRCF) BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY COMMUNITY CORRECTIONS, AND THE COLORADO DEPARTMENT OF CORRECTIONS

 

06112013A003           INTERGOVERNMENTAL AGREEMENT CONCERNING CO-HOLDING OF CONSERVATION EASEMENTS IN WELD COUNTY BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF WINDSOR

 

06112013R001           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 5, 6, & 7 IN BLOCK 20 OF HIAWATHA HEIGHTS SUBDIVISION AND INCLUSION OF AN UNPLATTED PORTION OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 10 NORTH, RANGE 73 WEST OF THE 6TH P.M.

 

06112013R002           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 36 & 41 OF CRYSTAL LAKES SUBDIVISION, 6TH FILING

 

06112013R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF TRACTS 2 & 3 IN THE DUNKIN MLD

 

MISCELLANEOUS:  Stipulation as to Tax Year 2012 Value – TKH Estate Holdings LLC; Stipulation as to Tax Year 2012 Value – DID Development Corporation; Stipulation as to Tax Year 2012 Value – Boardwalk Crossings LP; Appointment of Josh Dart to the Berthoud Community Library District Board of Trustees; National Pollutant Discharge Elimination System Compliance Submittal.

 

LIQUOR LICENSES:  The following licenses were approved and issued:  Sandy’s Convenience Store – 3.2% Retail – Fort Collins; Fort Collins Elks Lodge BPOE 804 – Special Event 6% – Fort Collins; The Restaurant – Beer and Wine – Red Feather Lakes.

 

Motion carried 3-0.

 

4.         PROCLAMATION COMMEMORATING THE 25TH ANNIVERSARY OF ANHEUSER-BUSCH FORT COLLINS FOR THE MONTH OF JUNE 2013:   Roger Harvey, American Eagle Distribution Company, Erin Mortensen and Jerry Helgeson, Anheuser-Busch Fort Collins, addressed the Board in recognition of Anheuser-Busch’s 25th Anniversary in Fort Collins.

 

Mr. Gluckman and Mr. Harvey shared anecdotes about the location and construction of the brewery.

 

Commissioner Gaiter read the proclamation aloud.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners commemorate the month of June 2013, for the 25th Anniversary of Anheuser-Busch Fort Collins.

 

Motion carried 3-0.

 

5.         APPROVE THE ADDITION OF THREE REGULAR, FULL-TIME EMPLOYEES TO THE HUB STAFF:  Ms. Riley and Mr. Gamlin addressed the Board to request approval to add three full-time employees to the HUB staff. Ms. Riley explained that the three new positions would eliminate the need for eleven part-time employees. Ms. Riley also noted that addition of full time employees will add stability through employee retention and more in-depth education.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the request for the addition of three regular, full-time, employees to the HUB staff under Administrative Policy and Procedure 180.1D: IV.4.42.4.1 – Policies for Budgeting for Staffing Levels & Compensation Costs.

 

Motion carried 3-0.

 

6.         FACILITIES REMODEL PILOT PROJECT TO SUPPORT MOBILE WORKING AT 2555 MIDPOINT DRIVE:   Ms. Riley, Mr. Balderson, Mr. Bragg, and Mr. Pfaffinger requested approval for the expenditure of $387,570 by the Department of Health and Human Services for the 2555 Midpoint Pilot Project Child Welfare Remodel to convert space in an existing building into open, shared spaces. The design would include lockers for personal belongings, a variety of workspace types to accommodate needs of employees, and two meeting rooms that have network access along with existing Wi-Fi for caseworkers, who typically spend 50% of their work hours away from their designated workspace.

 

Ms. Riley explained that goal is to consolidate enough space in existing county buildings to eliminate one of the rental buildings at the Midpoint campus within the next three to four years.

 

Much discussion ensued regarding the proposed project.

 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Department of Human Services’ expenditure of $387,570 for the 2555 Midpoint, Child Welfare Pilot Project Remodel.

 

Motion carried 3-0.

 

7.         SHERIFF’S OFFICE BACKUP GENERATOR SYSTEM:   Lt. Bebell, Mr. Balderson, Mr. Griffin, Mr. Bragg, and Mr. Pfaffinger addressed the Board to request funds to purchase an additional Automatic Transfer Switch, adjust the wiring configuration from a parallel configuration to a series configuration, and add a manual by-pass switch to ensure the continued operation of critical functions at the Sheriff’s Office.

 

Mr. Bebell noted that while the system was updated and new generators were added in 2011, the system still contains a single point of failure and the proposed changes would eliminate this problem.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the request for monetary aid from the Courthouse Sales Tax Fund to purchase an additional Automatic Transfer Switch, adjust the wiring configuration from a parallel configuration to a series configuration, and add a manual by-pass switch to ensure the continued operation of critical functions at the Sheriff’s Office.

 

Motion carried 3-0.

 

8.         LOAN AGREEMENT BETWEEN THE STATE REVOLVING FUND AND RIVER GLEN LOCAL IMPROVEMENT DISTRICT 2012-1:  Mr. Schemm and Ms. Sanders addressed the Board to request approval of a loan agreement between the State Revolving Fund and River Glen Local Improvement District 2012-1 (the Board of County Commissioners would sign as representatives for the LID). Ms. Sanders explained that the loan would fund improvements to the waste discharge system which does not meet new standards.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the documentation for the River Glen Local Improvement District’s procurement of a loan from the State Revolving Fund.

 

Motion carried 3-0.

 

9.         1041 APPEAL REGARDING WEST VINE OUTFALL PROJECT – UTILITY RELOCATION:   Ms. Madson informed the Board that the City of Fort Collins has requested an appeal to the 1041 process regarding utility relocation for the West Vine Drive Outfall Project. Ms. Madson requested direction from the Board as to whether they would like the Planning Commission to hear the appeal before the Board of County Commissioners.

 

After some discussion, the Board decided to forgo the Planning Commission hearing as that has been the precedence set by the current Board during previous 1041 appeals.

 

10.       COUNTY MANAGER WORKSESSION:  Ms. Hoffmann updated the Board on her activities during the previous two weeks.

 

11.       COMMISSIONER ACTIVITY REPORTS:  The Board outlined their activities during the previous two weeks.

 

12.       LEGAL MATTERS:  Mr. Ayraud requested the Board go into executive session regarding litigation with Eagles Nest Assisted Living.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners go into executive session for conferences with an attorney for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 3-0.

 

The Board emerged from executive session and Mr. Ayraud provided background information regarding the suit against Ms. Riley and the Health and Human Services Department.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners authorize the Larimer County Attorney’s Office to defend the Larimer County Health and Human Services Department and Ms. Riley in case 13-CV30652 and pay any resulting judgments.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 11:45 p.m.

 

 

 

 

__________________________________________

   TOM DONNELLY, CHAIR PRO TEM

BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Dana S. Polley, Deputy Clerk

 

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.