MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, March 16, 2009
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Pro-Tem Johnson presided and Commissioner Donnelly was present. Also present were: Traci Shambo, Engineering Department; Doug Ryan, Environmental Health Department; Samantha Mott and Sean Wheeler, Planning Department; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.
Chair Pro-Tem Johnson opened the hearing with the Pledge of Allegiance and asked for public comment on the County Budget or Land Use Code. No one from the audience addressed the Board regarding any of these topics.
Chair Pro-Tem Johnson addressed the audience and explained that the following items were on today’s consent agenda would not be discussed unless requested by the Board, staff, or members of the audience:
1. FRENCH MINOR SPECIAL REVIEW AND APPEAL: This is a request for approval of a detached accessory living area. The request includes appeals to Sections 4.3.10.F.2.c and 4.5.11 of the Larimer County Land Use Code to exceed the size limit of 800-square-feet and extend the time to commence use from three to six years.
This Minor Special Review application is a request to allow a detached accessory living area on the property, which is currently vacant. The owners are proposing to build a single family residence and an accessory living area on an 81.73-acre-parcel located just east of Estes Park and adjacent to Hermit Park on Highway 36. The owners are requesting approval of an appeal to exceed the size limit of 800-square-feet for an accessory living area for 1,190-square-feet. The main home will be approximately 6,800-square-feet, making the proposed building only 20% of the area of the main home. The owners intend to construct the detached accessory living area first and construct the main house in the future. Therefore, they are requesting to commence the use to six years instead of three years as normally required. The owners wish to have the necessary approvals before they begin any development on the parcel.
The site for the proposed detached accessory living area is located on a property with an existing gravel road as the only access. This road serves as emergency-only access to Hermit Park which is located west of the parcel. There is no privately owned land west of the site. The French property is the last property served by the existing road and would therefore not be seen by any surrounding property owners.
This request includes two appeals. The first is to Section 4.3.10.F.2.c to allow the detached accessory living area to exceed 800-square-feet. The second appeal is to Section 4.5.11, to allow six years to commence the use. All appeals to Land Use Code requirements must comply with the Review Criteria in Section 22.2.3 of the Land Use Code. These criteria are shown below with staff’s comments directly following each item.
1. Approval of the appeal will not subvert the purpose of the standard or requirement.
a. Approval of the appeals will not have any outward visual impact on the property or the neighborhood. It will also allow the homeowner the greatest use of their property in line with the intent of the Land Use Code. Holding the applicant to an accessory living area of 800-square-feet does not provide any benefit to the county or the surrounding neighborhood. In addition, allowing the applicant additional time to commence the use does not subvert the intent or purpose of the Land Use Code because they will have to comply with all the Building Code requirements and pay all the associated fees in place at the time they apply for building permits.
2. Approval of the appeal will not be detrimental to the public health, safety or property values in the neighborhood.
a. Approval or denial of the appeals will look the same from surrounding properties. There are no anticipated negative impacts on property values around the site if the use and the appeals are approved. In addition, the Larimer County Health Department and the Larimer County Building Department did not indicate any health or safety concerns with this request.
3. Approval of the appeal is the minimum action necessary.
a. The request to exceed 800-square-feet for the accessory living area and the request to extend the timeframe will not need any subsequent approvals by the county, other than meeting building permit requirements at the time they apply for permits.
4. Approval of the appeal will not result in increased costs to the general public.
5. Approval of the appeal is consistent with the intent and purpose of the Code.
a. Staff’s assessment is that the request fully meets the intent and purpose of the Land Use Code.
Staff recommends approval of the French Minor Special Review and Appeal, file #08-Z1728, subject to the following conditions:
1. The site shall be developed consistent with the approved plan and with the information contained in the French Minor Special Review and Appeal, file #08-Z1728, 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 French Minor Special Review and Appeal.
2. 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 fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to the county, the county may withhold building permits, issue a written notice to the applicant to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review. All remedies are cumulative and the county’s election to use one shall not preclude use of another. In the event the county must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees. The county may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.
3. 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 Minor Special Review approval.
4. The owner is responsible for obtaining all required building permits for the new residence, the Accessory Living Area. All applicable fees, including permit fees and Transportation Capital Expansion Fees, shall apply to this use.
5. The habitable space of the current structure shall not be further expanded beyond the proposed 1,190-square-feet.
6. The single-family character of the property must be maintained. The entrance to the accessory living area must not be visible from any road.
7. The accessory living area is to be used solely for guests of the occupants of the single-family dwelling or those providing a service on site in exchange for their residency.
8. The accessory living area must not be rented or leased separately from the single-family dwelling.
9. This Minor Special Review approval will automatically expire without a public hearing if the use is not commenced within six years of the date of approval.
2. SCHNEIDER MINOR LAND DIVISION AMENDED PLAT, FILE #09-S2858: This is a request to remove or amend the conditions of approval which states that development of Lot 2 must be approved through the appropriate subdivision, conservation development, or planned development process. Purpose of request is to allow the construction of a single family dwelling on the lot.
The applicant and land owner propose to utilize Lot 2 Schnieder Minor Land Division (MLD) for single family residential purposes. The lot created through the MLD process allowed the then owner to divide the existing residence and 5 acres from the 32 acre balance of the property. At that time, a condition was imposed which requires Lot 2 to undergo a development review process before any development may occur.
Staff recommends approval of the Schneider Minor Land Development Amended Plat, file #09-S2858, subject to the following conditions:
1. All conditions of approval shall be met and all necessary documents (i.e. Right-of-Way dedication) recorded by July 16, 2009, or this approval shall be null and void.
2. Prior to the recordation, the applicant shall make the technical corrections required by the Land Surveyor of the Larimer County Engineering Department.
3. The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R2-J School district school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fee (in lieu of dedication) and drainage fee. The fee amount that is current at the time of building permit application shall apply.
4. The applicant shall provide Right-of-Way dedications as detailed in the Engineering Department comments of February 13, 2009, prior to the issuance of a full residential building permit, as a part of platting or no later than May1, 2009.
5. All residential structures shall be equipped with individual residential fire sprinkler systems.
6. All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation. The lowest habitable floor level (basement) shall not be less than 3-feet from the seasonal high water table. Mechanical methods to reduce the ground water level must be proposed on a development wide basis.
7. Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30-days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.
3. HESSDORFER-PHILIPS SUBDIVISION PRELIMINARY PLAT, FILE #06-S2610: This is to subdivide approximately 15.85-acres into two lots for single-family residential uses. This item was on the Planning Commission’s consent agenda on February 18, 2009. The Planning Commission requested a brief presentation on the nature of the project. After the presentation, there were no questions and the applicant indicated agreement with the conditions recommended by the Development Services Team. The Planning Commission voted 9 to 0 in favor of the request.
Staff and the Planning Commission recommend approval of the Hessdorfer-Phillips Subdivision; file #06-S2610, subject to the following conditions:
1. The Final Plat of the Hessdorfer-Phillips Subdivision shall be consistent with the information contained in the file, #06-S2610 or as modified by conditions of approval.
2. The following fees shall be collected at the time of building permit for new single-family dwellings: the Thompson School fees in lieu of dedication, the Larimer County Capital Transportation Expansion fee and the Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time of the building permit application shall apply.
3. The applicant shall sign a Final Development Agreement, to be prepared by staff and approved by the County Attorney, which details, in standard language, the conditions of approval and other important information related to the subdivision.
4. The applicant shall sign a Final Disclosure Notice for approval by the county to be recorded with the Final Plat. This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice must include, but is not limited to: all issues related to rural development, the requirement for engineered footings and foundations, and the requirement for passive radon mitigation. Other items raised in the review, or related to compliance with the Larimer County Land Use Code, may also be included.
5. Septic systems for new construction shall be of an engineered design.
6. For exterior lighting, all lots are required to use shields that direct lighting downward to minimize lighting impacts off-site.
8. Residential sprinkler systems are required for all new habitable construction for lots at this subdivision, unless the Berthoud Fire Protection District determines they are not necessary.
9. Basements will not be allowed on Lot 1 unless a minimum 3-foot separation between the lowest floor elevation (including basements) and groundwater can be established at time of building permit application. The submitted geotechnical report indicated that ground water is approximately 10-feet below grade on this lot.
10. The applicant shall repair existing roadway deficiencies such as potholes in Sunbird Lane. Collateral for these improvements shall be included in the Opinion of Costs provided for the Development Agreement, or through some other mechanism acceptable to both the applicant and the County Engineering Department.
11. Prior to recordation of the Final Plat, the applicant shall provide a Shared Maintenance Agreement for both lots to ensure the continued maintenance of the shared access.
12. Prior to recordation of the Final Plat, the applicant shall provide a Final Drainage Plan to address all requirements stipulated by the County Engineering Department, including reference information related to the existing seasonal pond.
13. The applicant shall finalize all outstanding building permit and inspection requirements for the existing residence within 90-days of the date of approval by the Board of County Commissioners.
14. Prior to recordation of the Final Plat, the applicant shall obtain Ditch Company approval either by signed agreement or letter of agreement from the Ditch Company stating they do not object to subdivision approval.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as presented for March 16, 2009.
Motion carried 2-0.
4. WILDER-NEST BED AND BREAKFAST RETREAT AMENDED CONDITION OF APPROVAL, FILE #07-Z1638: This is a request to remove the requirement for a Development Agreement for the Wilder-Nest Special Review and Special Exception.
The Board of County Commissioners approved the Wilder-Nest Special Review (wedding venue) and Special Exception (retreat and equine therapy center) in July 2008. The conditions of approval for both requests included a requirement that the applicant sign a Development Agreement. However, following approval of the uses, staff initiated work on formatting a new Development Agreement template that would specifically apply to Special Review and Special Exception projects. The reasoning being the county’s standard Development Agreement is set up primarily for land divisions and not other types of approvals. The Development Agreements for Special Reviews, etc. can contain numerous blank sections and the document is not well suited to a non-subdivision approval, which can be confusing for applicants or others interested in the use. The revised template should address these issues but it is in the draft stage of review and not ready for use.
The applicant has completed the Site Plan Process and has finalized construction on the residential structure associated with the Special Exception and Special Review Uses. Staff is requesting an amendment to the Conditions of Approval and apply the Findings and Resolution in lieu of a Development Agreement.
This would allow the applicant to commence operation of the approved uses once all final building permit requirements are complete. Staff does not anticipate any concerns for these requirements, which may be concluded before the hearing date for this request. Thus, approval of the request would allow the applicant to operate both businesses without a need for further review.
The Development Service Team supports a modification to the Conditions of Approval for the Wilder-Nest Retreat Special Review, to remove the requirement for a Development Agreement and replace it with the conditions below (all other conditions of approval remain applicable):
1. The Wilder Nest Special Review is approved without the requirement for a Development Agreement. The Findings and Resolution shall apply and 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 Exception approval.
2. 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 Exception, the applicant agrees that in addition to all other remedies available to the county, the county may withhold building permits, issue a written notice to applicant to appear and show cause why the Special Exception 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 the county must retain legal counsel and/or pursue a court action to enforce the terms of this Special Exception approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees.
Chair Pro-Tem Johnson opened the hearing to public comment and the applicant, Shelly Larson, addressed the Board. Ms. Larson stated that she was in agreement with staff regarding the conditions recommended above.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the request to amend the Conditions of Approval for the Wilder-Nest Special Review and Special Exception, file #07-Z1638, to replace the requirement for a Development Agreement with the conditions as listed above.
Motion carried 2-0.
There being no further business, the hearing adjourned at 3:15 p.m.
TUESDAY, MARCH 17, 2009
The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Pro-Tem Johnson presided and Commissioner Donnelly was present. Commissioner Rennels participated via telephone. Also present were: Gary Darling, and Donna Hart, Commissioners’ Office; Larry Timm, Rob Helmick, and Candice Phippen, Planning Department; K-Lynn Cameron, Department of Natural Resources; Charlie Johnson and Jerry White, and Linda Sanders, Engineering Department; Ed Schemm, Environment Health Department; Jeannine Haag, and Bill Ressue, County Attorney’s Office; and Gael Cookman, Clerk and Recorder’s Office; George Haas, County Attorney;
1. PUBLIC COMMENT: Ed Burgess addressed the Board with questions regarding a zoning violation on his property. A brief discussion revealed that this item was being appealed to the Board of County Commissioners; therefore, the Board was unable to continue public comment on this item.
Blayne Brown, Steven Mares, John Vienhage, Tami Denny Robertson, Jan Emery, and Vicki Marble addressed the Board in support of the Bail Bondsman processes, and gave a bigger picture of the supportive role they play and of the exhaustive measures they take to ensure defendants appear in court. All expressed concerns with the Pre-Trail Services mandate, noting that it imposes stipulations on defendants, such as weekly urinalysis and breathalyzer tests, that they deem as unconstitutional. They stated that the defendants are treated as though they are already “guilty” and that Larimer County is the only county in the state that imposes the Pre-Trail Services.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 9, 2009:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of March 9, 2009, as presented.
Motion carried 2-0. (Commissioner Rennels abstained.)
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 23, 2009: Ms. Hart reviewed the upcoming schedule with the Board.
4. CONSENT AGENDA:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the following documents, as listed on the Consent Agenda for March 17, 2009:
PETITIONS FOR ABATEMENT: As proposed by the County Assessor, the following Petitions for Abatement are presented for approval: Ida Siegel; Babak & Kelly K Khankhanian; Marie Leigh Livingston; and Central Town Apartments LLC.
03172009A001 RIGHT-OF-WAY AND EASEMENT ACQUISITION SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WESTERN STATES LAND SERVICES, INC
03172009A002 LARIMER COUNTY GENERAL CONSTRUCTION SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DELEHOY CONSTRUCTION INC.
03172009A003 INMATE PHARMACEUTICAL SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DIAMOND DRUGS INC. DBA DIAMOND PHARMACY SERVICES
03172009A005 AGREEMENT FOR PROFESSIONAL SERVICES FOR THE PURPOSES OF DETERMINING APPROPRIATE FUNDING OF DIRECT DISTRIBUTION SEVERANCE TAX DOLLARS
03172009A006 DEPARTMENT OF PUBLIC WORKS CONTRACT FOR PROJECT NO. 277 – TRAVIS ROAD REALIGNMENT AND EMBANKMENT REHABILITATION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DON KEHN CONSTRUCTION, INC
03172009R001 FINDINGS AND RESOLUTION APPROVING THE PETITION OF WILSON RAINS AMENDED SPECIAL EXCEPTION
03172009R002 FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 1 AND 2 OF THE MORNING STAR MINOR RESIDENTIAL DEVELOPMENT
MISCELLANEOUS: CDBG Homeless Services Grant (HSG) Proposal to the Colorado Division of Housing.
LIQUOR LICENSES: The following licenses were approved and/or issued: Hilltop General Store – Retail Liquor Store – Red Feather Lakes; Wolverine Farm Publishing – Special Event 6% – Fort Collins; Gail’s Liquor – Retail Liquor Store – Bellvue.
Motion carried 3-0.
5. LARAMIE FOOTHILLS MOUNTAINS TO PLAINS PROJECT: Ms. Cameron requested the Board approve an expenditure of up to $275,000 from the Help Preserve Open Spaces sales tax fund for conservation easement projects in the Laramie Foothills Mountain to Plains project. She noted that these are substitution projects which are approved by Great Outdoors Colorado (GOCO), and are contingent upon appraisal values and signed contracts with the landowners. Mr. Johnson and Mr. White then explained the properties and easements involved with this project. The Board agreed to support this request.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the expenditure of up to $275,000 from the Help Preserve Open Spaces sales tax fund to support the Laramie Foothills Mountains to Plains Project.
Motion carried 3-0.
6. HIDDEN VIEW ESTATES HOMEOWNERS ASSOCIATION WASTEWATER TREATMENT PROJECT: Mr. Schemm presented the Commissioners with some background on the Hidden View Estates subdivision, noting that it is located in a rural part of west Loveland, and was formed prior to the Water Quality Act. He explained that many of the homes were placed on leach fields that are not in compliance with today’s standards and are now failing. Mr. Schemm requested approval on an agreement for financing a Sanitary Sewer Facility with Hidden Views Estates, noting that this agreement will allow reimbursement to the Homeowner’s from State Revolving Fund monies. He also requested approval for staff to apply to the Colorado Department of Public Health and Environment (CDPH&E) for funding from the American Recovery and Reinvestment Act, should this option become feasible. Some discussion ensued, and the Board agreed to support the requests.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the agreement for Sanitary Sewer Facility Financing with Hidden View Estates; to authorize staff to apply to CDPH&E for American Recovery and Reinvestment funding, if this option becomes feasible, and to approval to apply for the State Revolving Fund Loan.
Motion carried 3-0.
03172009A004 AGREEMENT FOR SANITARY SEWER FACILITY FINANCING BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, ACTING THROUGH AND ON BEHALF OF LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO 2008-1, AND THE HIDDEN VIEW ESTATES HOMEOWNERS ASSOCIATION
7. INFORMATIONAL ITEM REGARDING THE ADDITION OF A LIMITED TERM FTE IN HUMAN SERVICES: Mr. Lancaster explained that the Human Services Department is experiencing major increases in applicants for public benefits, especially in the areas of Food Stamp applications and Temporary Assistance for Needy Families (TANF). He presented a request from the Human Services Department for 1.0 FTE, limited term Accounting Technician to assist with the demand. Mr. Lancaster explained that the majority of associated costs to fund this position would be provided by the state’s cost allocation process; however, there could be up to 20% of the cost that would come from the Human Services fund balance. The Board agreed to support this request. (No formal action was taken.)
8. COUNTY MANAGER WORKSESSION: Discussion ensued regarding which commissioner would like to serve as the representative for the Employee Wellness Committee. The Board asked Mr. Lancaster to determine when the meetings would be held and then determine which Commissioner would be available to participate in the meetings.
Mr. Lancaster then asked if the Board wished to send a letter in support of a Global Strike Command designation at F.E. Warren Air Force Base in Cheyenne, Wyoming. The Board agreed to support this effort.
9. COMMISSIONER ACITIVTY REPORTS: The Commissioners reviewed their attendance at events during the past week.
10. LEGAL MATTERS: Ms. Haag requested that the Board go into executive session to receive legal advice on specific legal questions. (Affidavit provided.)
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners go into Executive Session to receive legal advice on specific legal questions, as outlined in 24-6-402(4)(b) C.R.S.
Motion carried 3-0.
The Board ended the Executive Session at 11:10 a.m., with no further action taken.
KATHAY RENNELS, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Melissa E. Lohry, Deputy Clerk
Gael M. Cookman, Deputy Clerk