Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, July 8, 2013

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Terry Gilbert, and Savanah Benedick, Planning Department; Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Tony Brooks, and Eric Fried, Code Compliance Office; Jeannine Haag, County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance.  Mr. Lafferty then requested that item #2, regarding the Hayden Subdivision Amended Plat, be pulled off the consent agenda in order to add another conditional of approval.  Chair Johnson then asked if anyone wished to discuss item #1, regarding the West Vine Outfall 1041 Appeal, which was also on consent.  A member of the audience stated that she indeed wished to discuss item #1.    

 

1.         WEST VINE OUTFALL 1041 APPEAL, FILE #13-Z1912:   This is a request to appeal the requirement of obtaining a 1041 permit, which would be required for the relocation of parts of a water and sewer line as part of the West Vine Outfall stormwater project.  The West Vine Outfall Project is the first phase in a system of improvements identified in the West Vine Stormwater Master Plan.  The project is jointly funded by the City of Fort Collins and Larimer County, with construction starting in the fall of 2013.  The project is located on land that is either currently owned by the City or Fort Collins or land the city will acquire.  Two major utilities will need to be relocated due to the construction project: a 24 inch waterline owned by the North Weld County Water District (NWCWD) and a 21 inch sanitary sewer owned by the City of Fort Collins. 

 

The Planning Commission approved a Location & Extent request for the stormwater project on June 19, 2013.  However, Section 14.4.J. of the Larimer County Land Use Code (1041 regulations) includes the requirement of a 1041 permit for:

 

“Siting and development of new or extended domestic water or sewer transmission lines which are contained within new permanent easements greater than 30 feet or within new permanent easements greater than 20 feet that are adjacent to existing easements. Domestic water transmission lines include those used to transport both raw and treated water. This designation shall not include the maintenance, repair, adjustment or removal of an existing pipeline or the relocation, replacement or enlargement of an existing pipeline within the same easement or right-of-way, provided no additional permanent property acquisitions are required. The designation shall also not include the addition, replacement, expansion or maintenance of appurtenant facilities on existing pipelines.”

 

While the majority of the utility relocation will occur within existing easements, there are portions that will be located within a new easement area.  In addition, the NWCWD line will be upsized from 24 inches to a 36 inch line in an effort to meet future water demands. 

 

The applicant has requested this appeal because the project meets the intent of the County’s 1041 regulations.

 

The appeal as submitted has been reviewed by the Development Services Team and referral agencies.  The Board of County Commissioners determined that is was not necessary to solicit input from the Larimer County Planning Commission as a part of the process. No concerns were received from potentially affected property owners.  No objections to the approval of this appeal were received by any of the referral agencies.

 

The Development Services Team finds that the applicants have made a sufficient case regarding how this requested appeal is consistent with the stated intent and purpose of the adopted regulations.  Specifically, there are several review processes and opportunities for public input.  

 

Mr. Lafferty briefly explained the application, as outlined above. 

 

Under public comment, Kathy Forrest questioned the process used for public notification, and also stated her concerns with how the improvements might affect her backyard since her property is adjacent to the area.

 

City of Fort Collins representative and co-applicant, Matt Fater, addressed Ms. Forrest’s concerns regarding the trail improvements and the repositioning of the water line, and stated he would meet with her after the meeting to further discuss her concerns.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the West Vine Outfall 1041 Appeal, File #13-G0249.

 

Motion carried 3-0.

 

Ms. Benedick then presented items #2 and #3 together, as the two items are related. 

 

2.         HAYDEN SUBDIVISION AMENDED PLAT, FILE #13-S3172:    This is a request for an amended plat to combine a portion of Lot 8 of the Amended Plat of Hayden Subdivision with Lots 31 and 33 of Hayden Subdivision and adjust the south boundary line of Lot 31.  The intent of the amended plat is to clean up property lines and give the applicant the ability to refinance these lots.

 

The following Larimer County agencies have the following comments:

 

·   Department of Health and Environment has no concerns as long as utility providers have adequate access for their needs.

·   Engineering is not concerned as long as access and drainage patterns are not impacted.

 

The proposed Amended Plat for a portion of Lot 8 of the Amended Plat of Hayden Subdivision with Lots 31 and 33 of Hayden Subdivision and adjust the couth boundary line of Lot 31 will not adversely affect any neighboring properties or any County agency.  The proposed amended plat is fully supported by County Staff, primarily because it will alleviate multiple nonconformities and make the property more usable.

 

The Development Services Team recommends Approval of the Amended Plat to combine a portion of Lot 8 of the Amended Plat of Hayden Subdivision with Lots 31 and 33 of Hayden Addition and adjust the south boundary line of Lot 31, File # 13-S3172, 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 January 8, 2014, or this approval shall be null and void.

 

2.   Prior to the recordation of the Final Plat, the applicant shall make any technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

 

3.         HAYDEN FEE APPEAL, FILE #13-S3172:  The applicant is requesting relief in the paid fee for an Amended Plat Application in the form of a refund of $600.  Based on the applicant’s letter of appeal, the reason for this request is due to changes in the valuation and legal description of the applicant’s lots over the years.  The applicant feels that he has been mislead and is requesting a fee appeal for this application.

 

The Development Services Team finds that request appeal for a reduction in development processing fees:

·  There was no error in processing the application or in the fees collected.

·  No direct financial hardship has been documented, but the assertion exists that this is a double fee.

 

The Development Services Team recommends denial of the Hayden Subdivision, Lots 31, 33, and a Portion of Lot 8 Amended Plat Fee appeal file # 13-S3172.

 

With regards to the amended plat application, Ms. Benedick recommended that there be a third condition of approval that would bring additions on the property, which were constructed without proper building permits, into compliance.  Discussion ensued regarding when those areas were constructed, and planning staff agreed that there was no way to tell for sure when they were constructed or which previous owners were responsible.

 

The applicant, Dallas Maurer, described the many issues he has had with the property since he purchased it in 2002.  Mr. Maurer noted that an addressing change has made it difficult to apply for building permits, that the county had issued building permits that are not in the flood plain and that the county had moved his primary residence from lot 31 to lot 33, which is what caused this application for an amended plat.  Mr. Maurer stated that he is filing for this action to correct the issues cause by the county, which is also why he is requested the fee appeal.

 

Under public comment, Bill Brumagim stated that title companies will issue flood certificates to make sure that a property is not in the floodway.  

 

Connie Claiser, co-owner of the property, stated that she feels they are being held liable for the past property owners mistakes.

 

Chair Johnson closed public comment and much discussion ensued.  Commissioner Donnelly stated that he was inclined to support the amended plat without the condition to rectify the additions that were constructed without proper building permits. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners direct Code Compliance staff to stop pursuing corrective building permits on the Maurer property.

 

Motion failed 1-2; Chair Johnson and Commissioner Gaiter dissenting.

 

More discussion ensued and the Board agreed to support the amended plat approval, without the suggested third condition of bringing the additions on the property into compliance.  However, the Board cautioned that a financing company may require this at some point in the future.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the amended plat to combine a portion of Lot 8 of the Amended Plat of Hayden Subdivision with Lots 31 and 33 of Hayden Subdivision and adjust the south boundary line of Lot 31, File # 13-S3172, subject to the two conditions outlined above, and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature.

 

Motion carried 3-0

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Hayden Subdivision, Lots 31, 33 and a portion of Lot 8 Amended Plat Fee Appeal File #13-S3172. 

 

Motion carried 2-1; Chair Johnson dissenting.

 

4.         BRUMAGIM ZONING VIOLATION, FILE #13-CC0055:  This is an alleged violation of:

·  Section 4.1.2 FA-1 Farming

·  4.2.2D2  Floodplain Overlay  Zone District requirements

·  4.3.10E Storage Buildings

·  4.3.10P Accessory Rural Occupations of the Larimer County Land Use Code for operating a firewood processing business.

 

The property is located along the west side of the Big Thomson River just off of Highway 34, west of Glade Road. See copy of aerial photograph attached for reference.  Notice of this public meeting was mailed certified and regular mail to Mr. and Mrs. Brumagim as well as by regular mail to adjacent property owners, including two complainants.

 

On March 8, 2013, and May 21, 2013, Code Compliance received complaints about a firewood processing business being operated on the property. The property has outdoor storage of logs, firewood, cargo containers, a semi-trailer being used for storage, storage buildings and other equipment used to process firewood. This outdoor storage is located directly in the floodway.  Code Compliance Officer Tony Brooks visited the property on March 13, 2013, to investigate the complaint and took photos of the outdoor storage. On March 21, 2013, Mr. Brooks sent Mr. Brumagim a letter to inform him he was in violation of the Land Use Code. On March 28th, Mr. Brumagim contacted Mr. Brooks for his options. Matt Lafferty from the Planning Department contacted Mr. Brumagim to review available options.  Mr. Brumagim was told he needed approval from the Flood Review Board before he could apply for public site plan approval for an Accessory Rural Occupation. To date, the property owner hasn’t applied to the Flood Review Board.

 

Adjacent property owners have raised concerns about what might happen when and if a flood occurs and the impact it will have if that happens.  Another property owner, with a County-approved firewood processing business, mentioned the unfair business competition.

 

Staff findings are as follows:

 

1.   The property is zoned FA1-Farming.

2.   The outdoor storage associated with the firewood processing business requires approval from the Flood Review Board.

3.   The property requires Pubic Site Plan approval for an accessory rural occupation since it is less than five acres in size.

 

Staff recommends setting a deadline for the property to be brought into compliance and authorize legal action if deadlines set by the Commissioners are not met. 

 

Mr. Brooks briefly outlined the alleged violation, as outlined above. 

 

The property owner, Bill Brumagim, stated that he is having a difficult time getting an engineer to look at his property.  He explained his process, and how he moves and stores the lumber, and requested more time to be able to connect with an engineer. 

 

Chair Johnson opened up the hearing for public comment.  Bonnie Davis and Barbara Pflieger stated their concerns with potential flooding and the possibility of the logs creating dangerous situations. 

 

Mr. Brumagim agreed that floods are devastating; therefore, he wants to come up with a solution that works for everyone.

 

Discussion ensued and the Board was inclined to give Mr. Brumagim more time to meet his goals.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners set a deadline of January 23, 2014, for the property owner to apply to the Flood Review Board to allow outdoor storage and a wood cutting business on the property.  If approved, a deadline of April 30, 2014, is established for the owner to obtain approval for an accessory rural occupation. I further move to authorize legal action if the property is not in compliance by either deadline.

 

Motion carried 3-0.

 

The hearing adjourned at 3:30 p.m.

 

TUESDAY, JULY 9, 2013

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 1:30 p.m. with Linda Hoffmann, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Neil Gluckman, Donna Hart, and Deni LaRue, Commissioners’ Office; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.         APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 1, 2013:

 

M O T I O N

 

Commissioner Gaiter moved to approve the minutes for the week of July 1, 2013.

 

Motion carried 3-0.

 

2.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 15, 2013:   Ms. Hart reviewed the upcoming schedule with the Board.

 

3.         CONSENT AGENDA:  Chair Johnson requested that Resolution 07092013R002 be pulled from the consent agenda, to be voted on separately.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as amended:

 

07092013A001           CHANGE ORDER TO CONTRACT FOR ENGINEERING PROJECT NO. 304 – TURN LANES AT COUNTY ROAD 5 AND COUNTY ROAD 36 AND COUNTY ROAD 5 SHOULDER CONSTRUCTION TO 1.0 MILE SOUTH OF COUNTY ROAD 36

 

07092013R001           RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR STORM MOUNTAIN PUBLIC IMPROVEMENT DISTRICT #55

 

07092013R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 4 & 7 IN THE SPRING GULCH RANCH ESTATES 2ND FILING

 

07092013R004           FINDINGS AND RESOLUTION APPROVING THE HILL EXEMPTION AMENDED PLAT FOR THE W ½ OF THE E ½ OF THE SE ¼ OF THE SW ¼ OF SECTION 28, TOWNSHIP 8 NORTH, RANGE 71 WEST

 

07092013R005           RESOLUTION ADOPTING AMENDMENT TO THE LARIMER COUNTY LAND USE CODE REGARDING LANDSCAPING     

 

07092013R006           RESOLUTION ADOPTING AMENDMENT TO THE LARIMER COUNTY LAND USE CODE REGARDING MULTIPLE PRINCIPLE BUILDINGS

 

07092013R007           RESOLUTION ADOPTING AMENDMENT TO THE LARIMER COUNTY LAND USE CODE REGARDING HIGH PARK FIRE REBUILDING PROGRAM RESOLUTION

 

07092013R008           RESOLUTION ADOPTING AMENDMENT TO THE LARIMER COUNTY LAND USE CODE

 

07092013R009           RESOLUTION REGARDING EXTENSION FOR APPROVAL FOR THE AMENDED PLAT OF LOTS 8, 9, AND A PORTION OF LOT 41, BLOCK 2, AND PORTIONS OF LOTS 27-30, 41, & 42, BLOCK 11 OF GLEN HAVEN SUBDIVISION

 

LIQUOR LICENSES:  The following licenses were approved and/or issued:  Rocky Mountain Gateway #1 – Hotel and Restaurant – Estes Park; Rocky Mountain Gateway #2 – 3.2% - Estes Park; Ag Day – Special Event 3.2% - Fort Collins; SpokesBUZZ – Special Event 6% - Fort Collins.

 

Motion carried 3-0.

 

With regards to Resolution 07092013R002, appointing referees to conduct Board of Equalization hearings, Chair Johnson stated that he did not believe that John Clarke was qualified to be appointed as a referee for these hearings.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve Resolution 07092013R002, appointing independent referees for the Board of Equalization.

 

Motion carried 2-1; Chair Johnson dissenting.

 

07092103R002           RESOLUTION PROVIDING FOR THE APPOINTMENT OF INDEPENDENT REFEREES TO CONDUCT HEARINGS ON BEHALF OF THE LARIMER COUNTY BOARD OF EQUALIZATION

 

The meeting ended at 1:45 p.m., with no further action taken.

 

           

 

 

__________________________________________

   STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.