> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 05/26/08  

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, may 26, 2008

 

 

There were no meetings held on Monday due to the Memorial Day holiday.

 

 

tuesday, may 27, 2008

 

 

ADMINISTRATIVE MATTERS

(#213)

 

 

The Board of County Commissioners met at 9:00 a.m. with Assistant County Manager Neil Gluckman.  Chair Gibson presided and Commissioner Eubanks was present.  Also present were Donna Hart and Deni LaRue, Commissioners’ Office;  Ruben Guerrero and Ginny Riley, Human Services Department; Cindy Buckardt, Foster and Adoptive Families of Larimer County; Doug Johnson, UniverCity Connections; Andy Paratore, Facilities and Information Technology Department; Matt Lafferty, Planning Department; Larry Abrahamson and Linda Coxen, District Attorney’s Office; Major Bill Nelson, Larimer County Sheriff’s Department; George Hass, County Attorney’s Office; Sherrie Swisher, Clerk and Recorder’s Office: Gael Cookman and Cindy Clay, Deputy Clerks.

 

1.  PUBLIC COMMENT:   There was no public comment today.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 19, 2008:

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the minutes for the week of May 19, 2008.

 

Motion carried 2-0. 

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF JUNE 2, 2008Ms. Hart reviewed the upcoming schedule with the Board.

 

4.   CONSENT AGENDA:

Mr. Gluckman noted that agreement pertaining to law enforcement services for the Town of Wellington, (05272008A0030), must be removed from today’s consent agenda, and brought back at a later date.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the following items as presented, and amended, on the Consent Agenda for May 27, 2008:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petitions for Abatement are presented for approval:  Thomas J. Allen; John D Jr. and Mary E. Borman; Jeo Holdings, LLC; Shelhill Investments, LLC; Kirk Robinson.

 

05272008A001           FIRST ADDENDUM TO DEVELOPMENT AGREEMENT FOR BENNETT CONSERVATION DEVELOPMENT 03-S2142 BY AND BETWEEN THE BOARD OF COMMISSIONERS OF LARIMER COUNTY AND BEN AND BLANCA DURAN

 

05272008A002           DEVELOPMENT AGREEMENT FOR BRAUCH SUBDIVISION 06-S2596 BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND RICHARD BRAUCH

 

05272008A004           CONSTRUCTION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND COULSON EXCAVATING

 

05272008A005           YMCA OF THE ROCKIES EASEMENT AGREEMENT BY AND BETWEEN YMCA OF THE ROCKIES AND THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY

 

05272008A006           LARIMER COUNTY HOUSE BILL 1451 PLAN MEMORANDUM OF UNDERSTANDING PURSUANT TO HOUSE BILL 04-1451 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LARIMER COUNTY INERAGENCY OVERSIGHT GROUP (LCIOG)

 

05272008R001           FINDINGS AND RESOLUTION APPROVING THE VACATION OF A RIGHT-OF-WAY ON SAUK ROAD IN THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 5 NORTH, RANGE 68

 

058272008R002         FINDINGS AND RESOLUTION APPROVING THE VACATION OF AN EASEMENT IN BINDER MINOR RESIDENTIAL DEVELOPMENT, LOTS 1, 2 AND 3

 

05272008R003           RESOLUTION REGARDING EXTENSION OF APPROVAL OF AMENDED PLAT OF THE X-BAR SUBDIVISION LOTS 30 AND 31 AND VACATION OF A RIGHT-OF-WAY OF STIRRUP HILL COURT

 

05272008R004           RESOLUTION FOR CONVEYANCE AND QUIT CLAIM DEED OF COUNTY PROPERTY TO LOVELAND EISENHOWER INVESTMENTS, INC.

 

05272008R005           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

 

MISCELLANEOUS :            Bauch Subdivision Final Plat

 

LIQUOR LICENSES:  The following licenses were approved and issued:  Wolverine Farm Publishing – Special Event 6% - Fort Collins; Eloy’s – Tavern - Fort Collins.

 

Motion carried 2-0. 

 

5. FOSTER AND KINSHIP MONTH PROCLAMATION: Mr. Guerrero requested the Board’s approval to proclaim the month of May, 2008, as Foster and Kinship Care Month.  Ms. Buckhart and her foster daughter, Gabbie, were present and explained that the purpose of this proclamation is to provide awareness to the citizens of Larimer County of the need for foster and kinship parents.  Discussion ensued regarding the number of foster children (approximately 200) in Larimer County and praise was given to the various individuals, public and private organizations, foster and kinship parents who open their hearts and homes to those families in need.  The proclamation was read aloud by Commissioner Eubanks.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners proclaim the month of May 2008, as Foster and Kinship Month.

 

Motion carried 2-0. 

 

6. UPDATE ON UNIVERCITY:  Mr. Johnson identified himself as the Director of UniverCity Connections and shared a brief explanation of  what UniverCity is and how it began.  The idea of this organization stemmed from a bike ride with Dr. Larry Penley, CSU, and City Manager Darin Attebary.  During this ride, they discussed how CSU and the City of Fort Collins could work better together on issues common to both entities.  Thus, the introduction of  UniverCity.  Some of the goals of UniverCity include economic development, arts and culture, transit and mobility, joint City and CSU facilities, river protection and enhancement, and sustainable energy technology.  Mr. Johnson described the many projects UniverCity is currently undergoing, how they have been funded, and explained that UniverCity’s only initiative is to bring people together and foster a “green collar” community..  A report put together by the stakeholders  was given to the Commissioners by Mr. Johnson.  A few of the various undertakings by UniverCity include a common community calendar, releasing a river map, a year-round Community Marketplace tapping into local agriculture, and utilizing the Larimer County Work Force Center for training, and assessment of “green workers.”  Commissioner Eubanks expressed his opinion that UniverCity Connections has a partner in Larimer County, and Commissioner Gibson thanked Mr. Johnson for his presentation.

 

7. DISTRICT ATTORNEY’S STAFF NEEDS FOR TWO NEW JUDGES: Mr. Abrahamson and Ms. Coxen discussed the need for two additional Judges and 11.5 FTE’s and facilities to house these employees.  It was explained that due to State mandates, the County must add additional staff and they are asking for only what is needed.  Current conditions are unsatisfactory as there is only one conference room for 30 attorneys.  This process of adding new staff has been in the works for the last 4 years.  One Judge was hired last year (the first in the last 20 years); it is anticipated that two will be hired this year and one additional in 2009.  Mr. Paratore requested one-time funding in the amount of $1.3 million and projected another $700,368 necessary for next year.  Ms. Coxen commended staff, and Commissioner Gibson stated he is pleased with progress so far.  Commissioner Eubanks requested this issue be tabled until next week so Commissioner Rennels could be present.  Mr. Abrahamson asked for  permission to advertise/post an eligibility list for these positions and requested a waiver of policy to do so.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve a waiver of policy, to allow advertisement of the positions in order to obtain an eligibility list of potential candidates, should the positions be approved.

 

Motion carried 2-0. 

 

8. CONTINUATION OF APPROPRIATION OF CARRYOVER FUNDS 2007: Major Nelson was present and after discussion, it was requested that this item be tabled once again until Commissioner Rennels and Bob Keister could be present for discussion and approval.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners table the issue of  Appropriation of Carryover Funds from 2007 to a future Administrative Matters meeting.

Motion carried 2-0.

 

9. DISCUSS WEB SITE CONTENT:  Mr. Paratore, Mr. Haas and Mr. Gluckman  presented a recommendation for a policy change in regards to the Larimer County website. Mr. Paratore suggested that the next step would be to go through a policy review process by Elected County Officials and Senior Management Team for review and comment, then submit it for employee review, before becoming actual policy.  Commissioners Eubanks and Chair Gibson were both in agreement with this course of action; however there was no formal action taken.

10. WORKSESSION:  Ms. Riley stated that after the Windsor tornado, she was in contact with the Director of Human Services for Weld County. She asked if they would be interested in additional TANF funds for use in assisting those victims who have been misplaced or suffered damages from the tornado.  A motion was set into place and it was determined that Mr. Lancaster could authorize the transfer of some of Larimer County’s additional TANF funds.  She requested that $1,000,000 of the reserve funds be transferred to Weld County to be used for those families who are victims of the tornado.  The transfer has already been verbally approved at the State level. 

 

M O T I O N

 

Commissioner Eubanks moved that the Larimer County Board of County Commissioners request Colorado Works Allocation Committee transfer $1,000,000 from Larimer County’s TANF reserve fund to Weld County without reimbursement of Maintenance of Effort to Larimer County to be used to assist tornado victims of Weld County.

 

Motion carried 2-0.

 

11. COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week.

 

12. LEGAL MATTERS:  Executive Session Regarding Zoning Litigation (affidavit provided).

 

M O T I O N

 

Commissioner Eubanks moved to 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 2-0. 

 

There being no further business, the meeting recessed at 10:55 a.m.

 

 

 

land use hearing

(#214)

 

 

The Board of County Commissioners reconvened at 3:00 p.m.  Chair Gibson presided and Commissioner Eubanks was present.  Also present were Matt Lafferty, Samantha Mott, Toby Stauffer, and Michael Whitley, Planning Department; Doug Ryan, Health Department; Traci Downs and Eric Tracy, Engineering Department; Wendy  Dionigi, Code Compliance Department; Jeanine Haag, County Attorney; Cindy Clay and Gael Cookman, Deputy Clerks.

 

Chair Gibson opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics.

 

Chair Gibson explained that the following items are on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

 

1. BUCKHORN ESTATES 1ST, LOT 5 RIGHT-OF-WAY AND EASEMENT VACATION:

This is a request by the applicant for vacation of a portion of the right-of-way of Buckhorn Road on Lot 5 of Buckhorn Estates 1st Filing and vacation of a portion of the 7’ Utility Easement along the south property line of Lot 5 of Buckhorn Estates 1st Filing. 

 

There currently exists a single family dwelling built in 1920, a shed, and vault that are partially within the right-of-way of Buckhorn Road.  The vault is also within a portion of the utility easement.  These actions will correct a historic situation that existed on the lot prior to this owner’s purchase.

 

Buckhorn Road has a 100 foot right-of-way, but it is classified as a minor collector which typically only has an 80 foot right-of-way.  The current width of Buckhorn Road is 25 feet.  The applicant has been working with the Larimer County Planning Department, Engineering Department, and Health and Environment Department to resolve an existing encroachment into the right-of-way and utility easement.  The applicant is proposing to add on to the house and is relocating the existing shed further back out of the right-of way.  The applicant is requesting the minimum action necessary to accomplish these tasks.  The applicant has submitted a concurrent variance request that goes to the Board of Adjustment on May 27, 2008.

 

No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County and referral agencies have stated that they have no objections to this proposal:

·  Department of Health and Environment

·  Larimer County Engineering Department

·  Code Compliance Section

 

The Development Services Team recommends Approval of the Buckhorn Estates 1st, Lot 5 Right-of-Way and Easement Vacation, File # 08-S2793.

 

2. LOT CONSOLIDATION FOR CRYSTAL LAKES 12TH FILING LOTS 62 AND 63 AND VACATION OF TWO 10’ UTILITY EASEMENTS:  This is a request for lot consolidation to combine two contiguous lots, Lots 62 and 63 of Crystal Lakes 12th Filing and vacate two 10’ utility easements along the common lot line. If approved, the recording instrument for this application will be a findings and resolution from the Board of County Commissioners.

The applicant has noted that the resultant lots will be subject to the same restrictions, covenants, and conditions as set forth in the plat of record for the Crystal Lakes 12th Filing PUD. 

No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:

·   The Larimer County Department of Health and Environment 

·   The Larimer County Engineering Department Development Review Services

·   The Larimer County Assessor’s Office

·   The Larimer County Addressing Section

·   The Larimer County Code Compliance Section

 

For detailed comments please see the letters from each department. The Assessor’s letter provides the new legal description of the resultant lot. Staff referred the application to other internal and external reviewing agencies and the affected utility companies, no other comments were received.

Development Services Team Recommends approval of Lot Consolidation for Crystal Lakes 12th Filing Lots 62 and 63, File #08-S2794 subject to the following conditions:

1. All conditions of approval shall be met and the final resolution of the County Commissioners recorded by November 27th, 2008, or this approval shall be null and void.

2. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

 

M O T I O N

 

Commissioner Eubanks moved that the board of County Commissioners approve the consent agenda, as outlined above.

 

Motion carried 2-0.

 

3. HIGHWAY 34 LAND USE AND BUILDING CODE VIOLATIONS:  This matter was tabled to May 27, 2008 from a hearing held on April 7, 2008.  Staff is currently working with the owner, Redcliff Inc., through Mr. Tim Fritz, concerning issues connected with the parcel identified as Parcel C, located at 6803 W. Highway 34 in Loveland, Colorado to resolve the remaining issue of an apartment located in one of the retail buildings, and required building permits for two structures on Parcel “D”.  Mr. Fritz has applied for building permits for the apartment and structures.  No outstanding issues exist unless fees connected with the permits are not paid or required approvals/inspections are not obtained.

Mr. Lafferty spoke on behalf of Ms. Phippen stating that the applicant has come into substantial compliance with the County; have submitted building permits for interior modifications for one of the buildings and will be resolving these issues soon.  He asked that the Board find the applicant in compliance with previous findings of violation and if other issues exist, they be allowed to come back at a later date.   

No motion required by the Board at this time.

 

4. SCHLIHS VIOLATIONS TABLED FROM APRIL 7, 2008: A hearing was held before the Larimer County Board of County Commissioners on Monday, December 3, 2007.  At the end of the hearing, the Board tabled this matter to Monday, April 7, 2008, at 3:00 p.m.  At the April 7, 2008 hearing the Board tabled this item to Monday, May 28, 2008, at 3:00 p.m., and directed staff to prepare and discuss alternatives with the applicant so that they (owners) could make a decision as to what direction they would like to proceed. Staff refers to the staff report prepared for the December 3, 2007 and April 7, 2008 hearings.

As of this writing the owners, Charlotte and Jerry Schlihs, and staff have arranged to meet and discuss the options available to remedy the current violation, which options are outlined below.

Option 1 would maintain and utilize the industrial zoning on the property for uses allowed by said zone district. This option would involve the following:

A.   The applicant would need to remove all uses not allowed by the I (Industrial) zone district by August 1, 2008, which uses are  three RV (trailers) being used as dwelling units. If any of the industrial uses proposed for the site require approval of a Special Review application, the applicant by virtue of the Larimer County/City of Loveland Intergovernmental Agreement will be required to seek annexation to City. 

 

B.   The applicant would need to bring the existing illegal industrial uses (none of the existing industrial activities on the site including the outdoor storage of construction equipment have been approved for this site) on the property into compliance by submitting a Site Plan Review application for review and approval by the Larimer County Planning Department. The fees for a site plan application vary from $1,300 to $5,000 depending upon the square footage of buildings on the property. The review time for a site plan application will vary depending on the efficiency and accuracy of the applicants engineers to provide plans that meet Larimer County regulations, which historically has been 3-6 months.  In order to approve a Site Plan application in Larimer County the applicant will at a minimum need to address the following code requirements:

 

1.   Water and sewer service will be required for any non-residential buildings being used for business activity and employees.  Obtaining these services will require an action on behalf of the City of Loveland to for “out of city” service (unless annexed into City limits). Such services will vary in cost. Based upon conversations with the City Water and Power Department this will likely be in the range of $80,000 to $100,000.  However, if the property were in the City the cost for such services would be $15,000 to $30,000 less than noted above.

2.   Roads providing access to the property will need to be evaluated to determine if any improvements will be necessary to serve industrial uses on the property.  Costs for road improvements will vary widely based upon existing infrastructure and proposed impacts. What should be anticipated by the applicant is the preparation of a traffic analysis, preparation of construction plans for necessary improvements, and the installation of any required improvements.

3.   Drainage plans and improvements for the developed portions of the property will be required. The extent of these plans and improvements will vary based upon the intensity and use of the property, which costs are the applicant’s responsibility.

4.   Fire protection will be required for the industrial use of the property and may require the installation of fire hydrants or other fire protection systems, all of which will be based upon the type and intensity of uses proposed.

5.   All on-lot parking areas for employees and customers, as well as the access to the parking areas from adjacent streets will need to be planned and installed by the applicant. These facilities will need to be paved and provide adequate vehicular circulation, including circulation for fire protection vehicles.  The applicant should anticipate plan preparation costs and installation costs for these on-site improvements, which costs will vary depending on the level of improvements necessary for the use.

6.   Typical landscaping for the property will be required.  The level of landscape requirements will depend on the amount of parking, street frontage and degree of screening necessary for the industrial uses, which includes outdoor storage.  The applicant will be responsible for the preparation of plans consistent with the landscape regulations for the County, as well as the installation and maintenance of the landscaping.

7.   Any site lighting for the property will need to be documented and evaluated during the site plan process, which may require the submittal of a photometric plan prepared by an electrical engineer.  Any costs for plan preparation and installation will be the responsibility of the applicant.

8.   The above items represent the majority of possible plans and improvements to be expected with industrial development.  However, some additional plans and improvements may arise as the types and intensity of uses are identified.

 

C.   After receiving approval of the Site Plan application the applicant will need to submit an building permit application for any building improvements associated with the industrial use of the property including any previous building improvements accomplished without obtaining building permits.  The building permit costs will vary depending upon the level of building improvements.  Additionally, the applicant will be responsible for TCEF (Transportation Capital Expansion Fees) and drainage fees, which fees are collected upon issuance of a building permit.  The applicant shall be aware that these fees vary widely depending upon the level of impacts associated with the use of the site and may be substantial.

 

D.   Prior to any site improvements the applicant may be required to obtain a development construction permit through the Engineering Department.

 

Option 2 would propose to maintain and utilize the property as a RV Park/Campground.  This option would involve the following:

 

A.   This option would involve removing all industrial uses from the property by August 1, 2008.

B.   In accordance with the Larimer County/City of Loveland Intergovernmental Agreement (IGA) and Section 4.2.1 (Overlay Zone Districts) of the Larimer County Land Use Code, the applicant must first seek annexation of the property to the City of Loveland, and develop consistent with the City regulations. 

 

C.   In the event that the City of Loveland denies the annexation petition, the applicant would need to provide documentation from the City stating why they do not want to annex. Once received, this information would be presented to the Board of County Commissioners to determine if the County accepts the City’s reasons for not annexing.  If the County Commissioners accepts the reasoning of the City for not annexing the property then the County Commissioners can direct staff to accept for consideration the application(s) necessary to utilize the property for a RV park/campground, which applications would be as follows:

 

D.   A rezoning application would need to be submitted by the applicant to rezone the property to a zoning district that would allow use of the property as a RV park/campground.  Currently the T-Tourist, A-Accommodation and O-Open districts allow RV parks/campgrounds as a use by Special Review. One of the major things the County would consider in a rezoning and special review request would be what the City's future land use plan says for the subject site.  This is important since, per the IGA, it is anticipated and expected that at least eventually the site would be annexed to the City.  The City's future land use plan for this site calls for industrial uses at this site.  The County is not obligated to follow the City's future land use plan when considering rezoning, but their opinion would be given substantial consideration.  A rezoning application inside of a Growth Management Area (GMA) would cost $4000-$5000.  A rezoning application also will require the submittal of supporting documentation and plans at the cost of the applicant.

 

E.   Either simultaneous too or after approval of a Rezoning application the applicant must also submit a Special Review application.  The Special Review application will take into consideration the appropriateness of the RV Park/Campground use based upon the surrounding uses and the land use objectives of the City of Loveland.  This application will require more extensive submittal requirements to determine the level of improvements necessary for the use.  These submittal requirements will need to address the following:

 

    1. Water and sewer services will be required for a small RV Park/Campground.  Obtaining these services will require an action on behalf of the City of Loveland to provide out of city service (unless annexed into City limits). Such services will vary in cost and based upon conversations with the City will likely run between $60,000 to $80,000; however, if the property were in the City the cost for such services would be $10,000 to $20,000 less than noted above.
    2. Roads providing access to the property will need to be evaluated to determine if any improvements will be necessary to serve the RV Park/Campground use on the property.  Costs for road improvements will vary widely based upon existing infrastructure and proposed impacts. What should be anticipated by the applicant is the preparation of a traffic analysis, preparation of construction plans for necessary improvements, and the installation of any required improvements.
    3. Drainage plans and improvements for the developed portions of the property will be required. The extent of these plans and improvements will vary based upon the intensity and use of the property, which costs are the applicant responsibility.
    4. Fire Protection will be required for the use and may require the installation of fire hydrants or other fire protection systems, all of which will be based upon the type and intensity of uses proposed.
    5. Access and internal drives or roads serving a proposed RV Park/Campground will need to be planned and installed by the applicant. These facilities will need to be paved and provide adequate vehicular circulation, including circulation for fire protection vehicles.  The applicant should anticipated plan preparation costs and installation costs for these on-site improvements, which costs will vary depending on the level of improvements necessary for the use.
    6. Typical landscaping for the property will be required.  The level of landscape requirements will depend on the amount of parking, street frontage and degree of screening if necessary for the uses.  The applicant will be responsible for the preparation of plans consistent with the landscape regulations for the County, as well as the installation and maintenance of the landscaping.
    7. Any site lighting for the property will need to be documented and evaluated during the site plan process, which may require the submittal of a photometric plan prepared by an electrical engineer.  Any costs for plan preparation and installation will be the responsibility of the applicant.
    8. In addition to the above items Section 18.3 (Recreational Vehicle Parks) has numerous standards for on-site facilities for the occupants that will need to be considered as part of a Special Review application and may result in additional costs to the applicant.
    9. The above items represent the majority of possible plans and improvements to be expected as part of a RV Park/Campground development.  However, some additional plans and improvements may arise as the types and intensity of uses are identified.

 

E.   After receiving approval of the Special Review application the applicant will need to submit a building permit application for any building improvements associated with the facility including any previous building improvements on the property accomplished without obtaining building permits.  The building permit costs will vary depending upon the level of building improvements.  Additionally, the applicant will be responsible for TCEF (Transportation Capital Expansion Fees) and drainage fees, which fees are collected upon issuance of a building permit.  The applicant shall be aware that these fees vary widely depending upon the level of impacts associated with the use of the site and may be substantial.

 

F.   Prior to any site improvements that applicant may be required to obtain a development construction permit through the Engineering Department.

 

Option 3 would attempt to maintain and utilize the property for a RV park as well as for industrial uses.  This option would involve the following:

 

A.   In accordance with the Larimer County/City of Loveland Intergovernmental Agreement (IGA) and Section 4.2.1 (Overlay Zone Districts) of the Larimer County Land Use Code, the applicant must first seek annexation of the property to the City of Loveland, and develop consistent with the City regulations. 

 

B.   In the event that the City of Loveland denies the annexation petition, the applicant would need to provide documentation to the County stating why the City does not want to annex. Once received this information would be presented to the Board of County Commissioners to determine if the County accepts the City’s reasons for not annexing.  If the County Commissioners accepts the reasoning of the City for not annexing the property then the County Commissioners can direct staff to accept for consideration the applications necessary to utilize the property for RV park or campground purposes proposed by the applicant, which would involve the following:

 

C.   A Rezoning and Planned Land Division application would need to be submitted by the applicant to rezone a portion of the property to a zoning district that would allow use of the property as a RV park or campground, and leave the remaining portion zoned I (Industrial).  Currently the T-Tourist, A-Accommodation and O-Open districts allow RV parks and campgrounds as a use by Special Review. One of the major things the County would consider in a rezoning, planned land division and special review request would be what the City's future land use plan says for the subject site.  This is important since, per the IGA, it is anticipated and expected that at least eventually the site would be annexed to the City.  The City's future land use plan for this site calls for industrial uses at this site.  The County is not obligated to follow the City's future land use plan when considering rezoning, but that would remain a major consideration.  A rezoning and planned land division application inside of a Growth Management Area (GMA) would cost $7,000-$10,000.  A rezoning and planned land division application also will require the submittal of supporting documentation and plans at the cost of the applicant.  The submittal would need to address the following:

 

    1. Water and sewer services will be required for the uses on the lots created by the land division.  Obtaining these services will require an action on behalf of the City of Loveland to provide out of city service (unless annexed into City limits). Such services will vary in cost and based upon conversations with the City will likely be in the range of $120,000 to $180,000 depending on the number of lots created.
    2. Roads providing access to the property will need to be evaluated to determine if any improvements will be necessary to serve lots/uses on the property.  Costs for road improvements will vary widely based upon existing infrastructure and proposed impacts. What should be anticipated by the applicant is the preparation of a traffic analysis, preparation of construction plans for necessary improvements, and the installation of any required improvements.
    3. Drainage plans and improvements for the developed portions of the property will be required. The extent of these plans and improvements will vary based upon the intensity and use of the property, which costs are the applicant responsibility.
    4. Fire Protection will be required for the use and may require the installation of fire hydrants or other fire protection systems, all of which will be based upon the type and intensity of uses proposed.
    5. Access and internal drives or roads serving any proposed lots will need to be planned and installed by the applicant. These facilities will need to be paved and provide adequate vehicular circulation, including circulation for fire protection vehicles.  The applicant should anticipated plan preparation costs and installation costs for these on-site improvements, which costs will vary depending on the level of improvements necessary for the use.
    6. Other issues such as density, lot configurations, neighborhood and use compatibility, and road dedications and configurations would be investigated during this type of review.

 

D.   Either simultaneous too or after approval of a rezoning and planned land division application the applicant must also submit a Special Review application.  The Special Review application will take into consideration the appropriateness of the RV Park or Campground use based upon the surrounding uses and the land use objectives of the City of Loveland.  This application may require additional information to the submittal requirements list in the previous step in order to determine the level of improvements necessary for the specific use.  These submittal requirements will need to address the following:

 

    1. Standards for all on-lot parking areas for users, as well as the access to the parking areas from adjacent streets will need to be planned and installed by the applicant. These facilities will need to be paved and provide adequate vehicular circulation, including circulation for fire protection vehicles.  The applicant should anticipated plan preparation costs and installation costs for these on-site improvements, which costs will vary depending on the level of improvements necessary for the use.
    2. Typical landscaping for the property will be required.  The level of landscape requirements will depend on the amount of parking, street frontage and degree of screening necessary for the uses.  The applicant will be responsible for the preparation of plans consistent with the landscape regulations for the County, as well as the installation and maintenance of the landscaping.
    3. Any site lighting for the property will need to be documented and evaluated during the site plan process, which may require the submittal of a photometric plan prepared by an electrical engineer.  Any costs for plan preparation and installation will be the responsibility of the applicant.
    4. The above items represent the majority of possible plans and improvements to be expected with industrial development.  However, some additional plans and improvements may arise as the types and intensity of uses are identified.

 

G.   Apply for and obtain approval of a Site Plan application through the Larimer County Planning Department, for the existing industrial uses on the site, which include outdoor storage and industrial users occupying an existing building on site.  The fees for a site plan application vary from $1,300 to $5,000 depending upon the amount of buildings and use on the property. The review time for a site plan application will vary depending on the efficiency and accuracy of the applicants engineers to provide plans that meet Larimer County regulations, which historically has been 4-8 months.  In order to approval a Site Plan application in Larimer County the applicant will need to address code requirements such as:

 

    1. All on-lot parking areas for employees and customers, as well as the access to the parking areas from adjacent streets will need to be planned and installed by the applicant. These facilities will need to be paved and provide adequate vehicular circulation, including circulation for fire protection vehicles.  The applicant should anticipated plan preparation costs and installation costs for these on-site improvements, which costs will vary depending on the level of improvements necessary for the use.
    2. Typical landscaping for the property will be required.  The level of landscape requirements will depend on the amount of parking, street frontage and degree of screening necessary for the uses.  The applicant will be responsible for the preparation of plans consistent with the landscape regulations for the County, as well as the installation and maintenance of the landscaping.
    3. Any site lighting for the property will need to be documented and evaluated during the site plan process, which may require the submittal of a photometric plan prepared by an electrical engineer.  Any costs for plan preparation and installation will be the responsibility of the applicant.
    4. The above items represent the majority of possible plans and improvements to be expected with industrial development.  However, some additional plans and improvements may arise as the types and intensity of uses are identified.

 

H.   After receiving approval of the Special Review an/or Site Plan application the applicant will need to submit an building permit application for any building improvements associated with the uses of the property including any previous building improvements accomplished without obtaining building permits.  The building permit costs will vary depending upon the level of building improvements.  Additionally, the applicant will be responsible for TCEF (Transportation Capital Expansion Fees) and drainage fees, which fees are collected upon issuance of a building permit.  The applicant shall be aware that these fees vary widely depending upon the level of impacts associated with the use of the site and may be substantial.

 

I.   Prior to any site improvements that applicant may be required to obtain a development construction permit through the Engineering Department.

 

Development Services Team recommends that the Board of County Commissioners Find that violations of the Larimer County Land Use Code, Building Code and Individual Sewage Disposal System Regulations exist and authorize legal action if junk, debris, unlicensed vehicles, RVs and all un-permitted uses are not removed from the property before August 1, 2008, with the following additional conditions for uses permitted in the I (Industrial) zone district:

 

1.   Require that the owner submit a Site Plan application by September 1, 2008 for review and approval for the existing un-approved industrial uses on the property, with the application being approved not later than June 1, 2009.  Furthermore, require that all necessary improvements identified by the Site Plan review and be constructed/installed by November 1, 2009.

 

2.   Require that the applicant obtain all necessary building permits for the existing building(s) on the property, and any additional buildings allowed by the Site Plan review by August 1, 2009.

 

Mr. Lafferty stated that he and Ms. Dionigi had discussed these options with Ms. Shlihs at length and explained that she should come to the hearing prepared to discuss these options and address which option she would like to pursue.  Commissioner Eubanks questioned whether there were any additional requirements on the applicants and how the communication had been between the county and the applicant.  Mr. Lafferty indicated that communication had been adequate and that the applicant had been working on some of the items but still was unclear as to which option they would prefer.  Mr. Gibson confirmed that they had seen a substantial clean-up of the lower area of the property.

 

Mr. Ryan, Ms. Dionigi and Mr. McCluskey of the Health Department, did an on-site inspection of the property with respect to the sewage coming from the RV’s and a letter was generated stating the condition of the leech field.  Mr. Ryan stated that the conditions were basically unchanged and that all options presented require connection to public sewer, and they had extensive communication with the City of Loveland regarding accomplishing this.  Commissioner Eubanks questioned Mr. Ryan whether it was his opinion that the field is saturated, therefore, failed and would flow back into the septic tanks.  Mr. Ryan confirmed this was his belief.  Commissioner Gibson then opened the hearing up for the applicant to comment.

 

Ms. Schlihs stated she received a call from Bob Paulson of the City of Loveland stating they had approved sewer and water tap to the site so this would no longer be an issue.  Commissioner Gibson asked if she could elaborate on the options and Ms. Schlihs stated that at this time they were considering Option 1. 

 

Chair Gibson then opened up the hearing for public comment, and Ron Harmon and Walter Ehrlich, both residents on the property, presented their issues to the board.  Both stated that if forced to vacate the property, they could not find an affordable location to move their RV’s.  They requested that the Board make an exception and allow them to stay.  Mr. Shlihs, applicant, stated that the items on the property referred to as “junk” were not such and that nothing on the property was viewable without entering onto the property.  He stated that they are trying to comply with all requests.

 

Commissioner Gibson closed public comment and opened the hearing to Commissioner discussion.  He confirmed that the location of the RV’s is a beautiful site and that he was in favor of allowing them to stay as long as the water and sewer were connected, thus eliminating the health hazard..  He would like the Commissioners to make an exception to allow them to stay, but not allow additional people to move in. 

 

Commissioner Eubanks stated that the people affected by this situation had been given information on contacting Human Services for help but to his knowledge, no one had made contact up to this time.  Ms. Dionigi verified this.  The applicants stated that they had received a listing of available housing and none was either affordable or acceptable living conditions, but no other help was provided. 

 

Mr. Lafferty expressed the possibility of an additional Option 4 which would allow the Board of County Commissioners to make a special exception allowing the 3 RV units to remain on the property.  The issue of the 5000 square foot building would also require the addition of water and sewer and a site plan approval.

 

Commissioner Gibson suggested tabling the item once again until the water and sewer issue has been resolved.  Mr. Lafferty stated that the expense of water and sewer to the RV’s was quite expensive as was the site plan approval and water to the building to allow continued industrial usage.  He solicited advice from Ms. Haag regarding how we would pursue a special exception.  She stated that applications and application fees could be waived, if the commissioners chose to do so.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners table the issue of the Shlihs, to June 23, 2008, at 3:00 p.m.

 

Motion carried 2-0. 

 

The meeting adjourned at 3:55 p.m.

 

 

                                                                        ______________________________________

                                                                                                GLENN GIBSON, CHAIR

                                                                                                BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

 

ATTEST:

 

____________________________

Cynthia A. Clay, Deputy Clerk