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 Johnson and Gaiter were present. Also present were: Savanah Benedick, Rob Helmick, and Terry Gilbert, Planning Department; Clint Jones, Engineering Department; Doug Ryan, Health and Environment Department; Chad Gray, and Tony Brooks, Code Compliance Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.
Chair Donnelly opened the hearing with the Pledge of Allegiance. Mr. Lafferty then requested that the Board add item #4 to the consent agenda, as the staff and applicant were in agreement with the application conditions. Chair Donnelly ensured there was no opposition to this request by the Board or members of the audience. Seeing none; item #4 was moved to consent, along with the following:
1. PENOSA ESTATES LOT 12 EASEMENT VACATION, FILE #14-S3214: This is a request to vacate the 15’ platted utility easement along the west property line for Lot 12, Penosa Estates.
The original house on this property was destroyed by the High Park Fire in 2012, and in July of 2013, a building permit was issued for a replacement residence. After the permit was issued, it was found that there was a discrepancy between the Planning Department’s easement dimension records and the recorded easement dimension on the Penosa Estates Subdivision plat. The recorded plat illustrated a 15’ easement, while the Planning Department records illustrated a 10’ easement. It was found that the recorded plat illustrates the correct easement dimensions of 15’. The approved building was built within this 15’ easement due to this discrepancy. Therefore, the owner is requesting an easement vacation in order to allow the existing replacement home to remain.
Other review agency comments:
Department of Health and Environment : Doug Ryan of the Health Department has indicated that the department supports this request as long as utility providers have adequate access for their needs. Utility providers have indicated that they have adequate access if this easement were to be vacated.
Engineering Department : Clint Jones of the Engineering Department has provided comment to the effect that the department does not have any objection to the proposal as provided as long as adequate access is provided and utility providers have been notified. Both of these requirements have been met.
Poudre Valley REA and Centurylink have provided comment and indicated that utilities are outside of the subject easement.
The proposed easement vacation for Lot 12 of the Penosa Estates subdivision plat will not adversely affect any access, utility or drainage services to the site or any surrounding properties. It appears that utilities are located outside the easement. Staff finds that, with the conditions as listed below, the request meets the requirements of the Larimer County Land Use Code.
The Development Services Team recommends approval of the Easement Vacation for Lot 12, Penosa Estates, File #14-S3214, subject to the following conditions :
1. All conditions of approval shall be met and the final resolution recorded by October 7, 2014, or this approval shall be null and void.
2. The vacation of the 15’ easement shall be finalized at such time when the findings and resolution of the County Commissioners is recorded. The resolution shall include an exhibit illustrating the easement to be vacated.
2. BUCKHORN MEADOWS CD RESIDUAL LOT A EASEMENT VACATION, FILE #14-S3213: This is a request to vacate a 25-foot irrigation utility easement Residual Lot A of the Buckhorn Meadows Conservation Development.
The applicant is planning on additional construction at this site. The irrigation pipeline easement runs through the lot and interferes with the addition location. The irrigation lateral is not entirely within the 25-foot easement and there are no utilities installed or anticipated to be installed in the easement. The applicant indicates that the irrigation lateral serves only residual lot/properties within the development and is not with the platted easement.
No other agency has commented on this request.
The owner of the lot on which the easement is located has noted there is no need for the easement. No user or possible user has noted a concern or objection to the easement being vacated. The applicant has provided a legal description for the easement to be vacated.
The Development Services Team recommends approval of the Buckhorn Meadows Residual Lot A Easement Vacation file #14-S3213, subject to the following condition :
1. The applicant shall provide a new legal description for the vacated easement before the Board of County Commissioners finalize the Findings and Resolution.
4. COLORADO PRECAST REZONING, FILE #13-Z1917: This is a request for proposed rezoning from C-Commercial and FA-Farming to I1-Industrial to allow Industrial uses.
This was the only item on the Larimer County Planning Commission agenda for the hearing on March 19, 2014 due to a tabling of the other scheduled item. The applicant, his consultant, and some supporters were the only individuals present. There was a brief discussion and setting of findings by the Larimer County Planning Commission and no one spoke from the public with respect to the application except for the applicant’s consultant who made brief remarks. After the comments, the Larimer County Planning Commission voted unanimously to recommend approval of the requested rezoning.
The applicant proposes a rezoning of the subject parcels to allow Colorado Precast to expand the storage and assembly component of its operations. The properties are owned by the applicant and are adjacent to their existing operations. This application is in part due to a referral from Code Compliance, as a result of a complaint regarding open storage on the FA zoned parcel. Both parcels have been used for and are currently being used for open storage of both materials and components of Colorado Precast products as well as the storage of materials and equipment for others. There is no construction of new buildings or the development of new uses on these two parcels, the intention is to use all three parcels as a single business unit.
The Planning Commission and Development Services Team recommend approval of the Colorado Precast Rezoning from C-Commercial and FA-Farming to I-Industrial, file #13-Z1917, subject to the following conditions:
1. The applicant shall submit a complete Site Plan Review application for the properties affected by this rezoning no later than 180 days after Board of County Commissioners approval.
2. Any change in use of the properties shall be subject to Site Plan Review.
3. Any Site Plan Review application shall take into consideration the standards of development suggested by the City of Loveland in their comments.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda, as amended and outlined above.
Motion carried 3-0.
Chair Donnelly then re-ordered the meeting and the Swisher Zoning Violation became the next item for discussion. Mr. Lafferty explained that the hearing will take place up until applicant rebuttal, as Mr. Swisher is deaf and will need time to review the court reporters transcripts before responding to any public comment. The hearing will be tabled for two weeks to allow the Swisher’s time to read through the transcripts.
5. SWISHER ZONING VIOLATION, FILE #13-CC0297: The property owner is alleged to be in violation of Section 4.1.1 FA-Farming of the Larimer County Land Use Code by storing construction materials, unlicensed/inoperable vehicles and outdoor storage of junk/debris on a vacant lot, which is not an allowed use in the FA-Farming zoning district. Also, section 4.2.2 D 19, of the Larimer County Land Use Code for storing anything buoyant, flammable, explosive, or could be injurious to human, plant, or animal life is prohibited in the floodway. The property owner is also in violation of section R105.1 of the 2012 International Residential Code for constructing a storage building greater than 120 square feet in size without a building permit.
The property is located along the south side of 1st St. and just over a thousand feet east of South Taft Avenue in Loveland. The property is 800 feet south of the Big Thompson River. The property is located in a designated floodway.
Notice of this public meeting was mailed certified and regular mail to Mr. and Mrs. Swisher as well as by regular mail to the City of Loveland and adjacent property owners, including seven complainants.
On December 9, 2013, Code Compliance received a complaint about outdoor storage of junk and debris on the property from the City of Loveland. Since then Code Compliance has received six other complaints including one letter from a complainant purportedly speaking on behalf of 58 neighbors. Code Compliance Officer Tony Brooks visited the property on December 4, 2013 and verified the property has outdoor storage of tires, construction materials, cargo containers, semi-trailers, storage buildings, junk vehicles and junk/debris. This outdoor storage is located directly in the floodway. On January 2, 2014, the Swisher’s were sent a 15-day letter to inform them of the violations of the Land Use Code. On January 17, 2014, Patricia Swisher responded to the letter. Officer Brooks replied by stating all outdoor storage needed to be removed from the property. Research of County records for the property confirm that in October 1971, the Board of County Commissioners denied a rezoning petition from Leroy Swisher to rezone the property from FA-Farming to I-Industrial. Also, County staff members have found no building permits of record for this property. To date, no movement has been made in starting to clean up the property.
The City of Loveland along with adjacent property owners have raised concerns about what might happen when another flood occurs. The complainants are concerned about pollutants that may have gone into Jayhawker Pond from the recent flood.
Staff findings are as follows:
1. The property is zoned FA-Farming.
2. Outdoor storage as a principal use is not allowed in the FA-Farming zoning district.
3. Outdoor storage or processing of material that in time of flooding are buoyant, flammable, explosive, or could be injurious to human, plant or animal life is prohibited.
4. In October 1971, the Board of County Commissioners denied a petition from Leroy Swisher to rezone the property from FA-Farming to I-Industrial.
5. Per Section R105 of the International Residential Code, permits are required for buildings that exceed 120 square feet.
The Development Services Team recommends that the Board of County Commissioners set 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 explained the alleged violation as outlined above.
Property owner, Mrs. Swisher, addressed the Board and gave a detailed history of their property, and noted that it is earmarked to be annexed into the city and that the City of Loveland had expressed interest in purchasing their property. However, since the flood they have offered a lower price, which is unacceptable to the Swisher’s; therefore, she requested more time to continue to negotiate an acceptable purchase price.
Chair Donnelly opened up the hearing for public comment and the following individuals addressed the Board: Lonnie Maddox, John Bonnema, Nancy Bonnema, Gary Hoof, Charles Seastone, Peter Joy, Eugene Jensen, Sharon Brownlee, Richard Lipe, Sandra Jensen, and Sharon Hoof. All stated that they wish to see the property in question cleaned up, as it is an eyesore, and presents health and safety issues for the area. They also stressed their opinion that Larimer County should not wait for the City of Loveland to annex or purchase the property, as it’s a zoning violation regardless of which government entity oversees it.
The Board had some additional questions for staff and then the following action was taken:
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners table this item to April 28, 2014, at 3:00 p.m.
Motion carried 3-0.
3. BUCKHORN MEADOWS CD RESIDUAL LOT A APPEAL, FILE #14-G0261: This is a request to appeal Sections 5.3.2.D and 5.3.3 of the Larimer County Land Use Code to allow more than 5 single-family residential lots based on the calculated amount of developable land in the Buckhorn Meadows Conservation Development.
The Buckhorn Meadows Conservation Development was approved and recorded in 2003 as a 60-acre development divided into 5 single-family residential lots and 4 residual land lots. The 5 residential lots are 2 acres each and the total residual land accounts for 50 acres. In addition, 9.13 acres of the development are in the 100-Year Floodway Zone for the Buckhorn Creek. Section 5.3.2 of the Larimer County Land Use Code states that “the total number of dwelling units permitted in a Conservation Development is determined by dividing the total developable land area of the site by the minimum lot size required for the applicable zoning district.” The minimum lot size in the O-Open Zoning District is 10 acres. The total developable area is defined in Section 5.3.3 of the Larimer County Land Use Code as “the land area in a development exclusive of land in the floodway zoning district and land below the high-water mark of existing bodies of water.” Therefore, the total developable area excludes the floodway, and is 50.87 acres, allowing for no more than 5 dwelling units for this development.
The applicant applied for a building permit in late 2013 for a new residence attached to the existing barn associated with the llama farm on Residual Lot A of this development. Staff informed the applicant that dwellings are not permitted on this residual lot based on the original approval and calculations described in the above paragraph. The applicant is applying to appeal the Land Use Code in order to allow an additional residential building lot in the Buckhorn Meadows Conservation Development.
The proposed Appeal from Section 5.3.2.D and 5.3.3 of the Larimer County Land Use Code to allow more than 5 single-family residential lots based on the amount of developable land in the Buckhorn Meadows Conservation Development is not consistent with the intent and purpose of the Larimer County Land Use Code and will subvert the purpose of the standard that was put in place. The subject property was developed and preserved within the Conservation Development for agriculture and outbuildings. It is not an appropriate location for a new dwelling as outlined in the Land Use Code, Final Plat and Development Agreement that was approved by the Board of County Commissioners and signed by the owner when this development was platted.
Ms. Benedick explained the appeal as outlined above.
Applicant Stan Ebel, explained his appeal in depth, noting that the economy has had a negative impact on his ability to see the lots, and the bank has put a collateral hold on lot 5, which is where he had hoped to build his personal home. Now he wishes to build his residence/store front on Residual Lot A, and keep the remaining lots for sale in the future.
Chair Donnelly opened up the hearing for public comment. No one addressed the Board regarding this item.
Discussion ensued during which the Board agreed that this was a good appeal that supports the continued use of agricultural production in the community; however, Commissioner Johnson was concerned with setting a precedence of allowing greater density due to economics and preferred outlining something peculiar to this property in order to allow the appeal. Chair Donnelly stated that the peculiarity is the residence being attached to a store front that has an agricultural use.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the Buckhorn Meadows Residual Lot A Appeal, File #14-G0261, and allow one additional dwelling to occur on Residual Lot A.
Motion carried 3-0.
The hearing recessed at 5:25 p.m.
PUBLIC HEARING FOR
FLOWER POWER BOTANICALS
The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Pro-Tem Gaiter presided and Commissioner Johnson was present. Also present was Dana Polley, Deputy Clerk.
Chair Pro-Tem Gaiter opened the hearing and then Mr. Lafferty explained that the item on the agenda requires an appeal and therefore needs to be rescheduled until May 12, 2014.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve to table the public hearing for Flower Power Botanicals Licenses until Monday, May 12, 2014 at 6:30 p.m.
Motion carried 2-0.
The hearing adjourned at 6:35 p.m.
TUESDAY, APRIL 8, 2014
The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Donnelly presided and Commissioners Johnson and Gaiter were present. Also present were: Donna Hart, and Deni LaRue, Commissioners’ Office; Marc Engemoen, Public Works Department; Mark Pfaffinger, Facilities and Information Division; Sheriff Justin Smith, and Steven Bebell, Sheriff’s Department; Gary Buffington, Natural Resources Department; Jeannine Haag, David Ayraud, and William Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.
Chair Donnelly opened the meeting for public comment during which Mel Hilgenberg, and Sheriff Smith addressed the Board.
Chair Donnelly then led everyone in the Pledge of Allegiance
1. APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 7, 2014:
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of April 7, 2014.
Motion carried 3-0.
2. REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 21, 2014: Ms. Hart reviewed the upcoming schedule with the Board.
3. CONSENT AGENDA:
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as outlined below:
04152014A001 AMENDMENT IV ANNUAL AMENDMENT FROM APRIL 16, 2014, THROUGH APRIL 16, 2015, GENERAL CONSTRUCTION SERVICES AGREEMENT (REGARDING RFP #11-17) BY AND BETWEEN THE BOARD OF COUNTY COMMISISONERS AND AP MOUNTAIN STATES LLC, DBA ADOLFSON & PETERSON CONSTRUCTION
04152014A002 AGREEMENT PERTAINING TO THE DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR HIDDEN VALLEY ESTATES III R.L.U.P.
04152014A003 DRAINAGE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THOMAS R. DAVIS, AND THE DAVIS CONSERVATION DEVELOPMENT LANDOWNERS ASSOCIATION, INC
04152014A004 DEVELOPMENT AGREEMENT FOR DAVIS CONSERVATION DEVELOPMENT 12-S2097 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THOMAS R. DAVIS, AND THE DAVIS CONSERVATION DEVELOPMENT LANDOWNERS ASSOCIATION, INC
04152014A005 AGREEMENT FOR INSTALLATION, OPERATION, AND MAINTENANCE OF WATER MAIN BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE TOWN OF ESTES PARK, AND FISH CREEK WATER ASSOCIATION, INC
04152014R001 FINDINGS AND RESOLUTION APPROVING THE EXTENSION OF THE HERON’S HILL SUBDIVISION PRELIMINARY PLAT APPROVAL AND APPEALS
04152014R002 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 190 AND 191 GLACIER VIEW MEADOWS 12TH FILING
04152014R003 FINDINGS AND RESOLUTION APPROVING THE SADDLE RIDGE ACRES PUD SECOND AMENDED CONDITION OF APPROVAL
04152014R004 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR THE AMENDED PLAT OF CRYSTAL LAKES 1ST FILING LOT 97 – FILE #13-S3180
04152014R005 FINDINGS AND RESOLUTION APPROVING THE WILLOWBROOK RANCH PRELIMINARY RURAL LAND PLAN
MISCELLANEOUS: Davis Conservation Development Final Plat; Stipulation as to Tax Year 2013 Value for Front Range Acquisitions, LLC, and Village Gardens Apartments, LLC; Department of Human Services Payments for February 2014.
LIQUOR LICENSES: The following licenses were issued and/or approved: Colorado Brewer’s Guild – Special Event 6% - Fort Collins; Villa Tatra – Hotel & Restaurant – Lyons; Zippy’s Liquor – Retail Liquor Store – Fort Collins; Medieval World USA – Special Event 6% - Loveland.
Motion carried 3-0.
4. TOWN OF WELLINGTON COMPUTER DONATION: Mr. Bebell explained that the Sheriff’s Department will be donating 13 surplus computers to the Town of Wellington’s community library. Mayor Jack Brinkhoff, and Library Director Kathy Bornhoft thanked the Sheriff’s Department for the donations, on behalf of their citizens who use the library and these computers on a regular basis.
5. COUNTY MANAGER WORKSESSION: Mr. Pfaffinger presented an update regarding the Heart Bleed virus that has invaded the Internet. He noted that certain websites are more vulnerable than others, but that Larimer County’s website and our Google services, including email, are safe at this point.
6. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their involvement at events during the past week.
7. LEGAL MATTERS: Ms. Haag requested that the Board go into executive session for confidential legal advice regarding an easement on County Road 21F.
M O T I O N
Commissioner Johnson 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 executive session ended at 11:05 a.m., with no further action taken.
The Board of County Commissioners reconvened at 2:30 p.m. for Abatement Hearings. Chair Donnelly presided, and Commissioners Johnson and Gaiter were present. Also present were: Jody Masters, and Jason Marks; Assessor’s Office; Robert Kulikowski, Petitioner, and Gael Cookman, Deputy Clerk.
1. PETITION FOR ABATEMENT FOR PARCEL NUMBER 97111-29-021: Ms. Masters described the property in question is marketed as a duplex, and is classified on the Assessor records as such. She then presented the packet of comparables she used to support the recommended value of $223,100.
Mr. Kulikowski presented a packet of comparables he used and requested that the value for this property be reduced to $172.791.65, as he felt this was supported by the comparables he presented. Mr. Kulikowski also noted that he has to market the property as a single family residence, since the city rules state that no more than three un-related individuals can occupy a rental.
Discussion ensued. The Board stated that many of Mr. Kulikowski’s comparables were not similar properties, as many of them did not have basements; however, they agreed that the assessed value was a bit high. Commissioner Johnson recommended lowering the value to $210,000, and Chair Donnelly agreed. Commissioner Gaiter stated that in his opinion the $210,000 was still too high.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners partially approve the Petition for Abatement on parcel number 97111-29-021, and reduce the value to $210,000, for tax years 2011 and 2012.
Motion carried 2-1; Commissioner Gaiter dissenting.
2. PETITION FOR ABATEMENT FOR PARCEL NUMBER 97113-32-007: Mr. Marks described the property in question and then presented the packet of comparables he used to arrive at the value for this property. Mr. Marks stated that he had originally placed a value of $305,000; however, he has since discounted that value as the home is older, the siding is in need of replacement, it has been a rental for a while, and it is only for houses north of Mulberry Street, which is a high traffic area. After applying the adjustments Mr. Marks recommended a value of $252,000 for the property.
Mr. Kulikowski presented his comparables, and stated that his property has increased over 58% from its previous value. He requested the value be reduced to $196,324.67, as in his opinion, this reflects a more accurate value of the home.
Discussion ensued. Mr. Marks explained that many of Mr. Kulikowski’s comparables are in different neighborhoods, classified with lower-end houses. Ultimately the Board agreed with the Assessor’s revised recommendation to set the value at $252,000.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners deny the Petition for Abatement for parcel number 97113-32-007, and uphold the Assessor’s recommendation for an assessed value of $252,000 for tax year 2012.
Motion carried 3-0.
The meeting ended at 3:55 p.m.
TOM DONNELLY, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk