> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 04/26/10  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, April 26, 2010

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Johnson presided and Commissioners Donnelly and Gaiter were present.  Also present were:  Michael Whitley, and Sean Wheeler, Planning Department; Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Bill Ressue, County Attorney’s Office; and Tamara Slusher, Deputy Clerk.

 

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

 

Mr. Lafferty requested that item 1 pulled from the consent agenda for discussion.  (This was the only item on consent.)

 

1.         ALL SWEEP MINOR SPECIAL REVIEW:  The applicants own a residential lot on 5th Street in south Loveland.  They seek formal approval to operate All Sweep Inc., a street sweeping business, out of a detached structure on their lot.  The detached structure is currently used to store two parking lot sweeper trucks, a pressure washer, and additional tools and supplies used by the business. 

 

The business employs three individuals, all part time.  Two of the employees keep a sweeper truck at their home and another comes to the site approximately once a week.  There are no signs on the property to identify the business and service calls are taken by telephone.  Access is provided off the private drive onto 5th Street. 

 

The surrounding neighborhood consists of various sized single-family residential lots and the City of Loveland baseball fields to the south.  The zoning is FA-Farming.  The applicants held the required neighborhood meeting on February 15, 2010, in the detached structure at their property with seven neighbors in attendance.  Questions generally focused on issues such as hours of operation, and cleaning of vehicles. 

 

One neighbor contacted Planning Staff by letter with concerns about clutter on the site, and others expressed concerns about glare off the pole barn roof.  Overall the comments provided by neighbors support this request. 

 

None of the reviewing agencies raised objections to approval of this request.  Please note that the project description indicates the applicant’s plan to use 1500 square feet of the structure, but their response, provided in answer to the neighborhood meeting, includes clarification that they will only use 1200 square feet, per the Land Use Code requirements.  The remaining square footage in the pole barn will be used for personal storage.

 

Planning Staff supports the Minor Special Review use for All Sweep Inc. as a home occupation.  The County Engineering and Health Departments also reviewed the request and supports approval.

 

The County Lead Plans Examiner reviewed the permit information for the pole barn, and did not indicate any concerns with the proposed use for the structure.  He also indicated that no change of occupancy permit or other building permits are required.

 

Planning Staff referred a copy of the request to the City of Loveland and the Loveland Fire Protection Distinct for comment.  These agencies did not respond in writing, or otherwise indicate any concerns with this request.  As noted, the use appears compatible with the City of Loveland Comprehensive Plan.

 

Based on the information provided, the business is a low impact operation with three part-time employees.  There is no business sign, and the applicant’s outdoor lighting is typical of what would normally be found in a residential area.  Approval of the request will allow for the applicants to use up to 1200 square feet in the existing pole barn to store business related vehicles and equipment.  The presence of the pole barn is not a concern, because these structures are allowed in residential areas provided the property owners obtain the correct building permits and inspections, as this applicant has done.  This type of commercial use is also allowed by zoning, if the applicant can show they comply with the review criteria for a Minor Special Review.  Specifically the Land Use Code allows for approval of a home occupation if the use satisfies the requirements in Section 4.10.  The review process requires consideration of issues such as the provision of adequate facilities for water and sanitary sewer, access, parking, etc.  The Health and Engineering Departments did not indicate any concerns with the standards they monitor in these areas.  In addition, the City of Loveland did not object to approval of the request, and it appears to be compatible with the City’s Comprehensive Plan.

 

As a final comment, the applicants expressed their intention to address issues such as the reflective nature of the pole barn roof and the overall appearance of the site, which are not requirements of this process.  Storage of their equipment inside the pole barn will address the business related concern.  Because the business operation has not altered the residential character of the site, requiring additional landscaping is not recommended as Larimer County does not regulate landscaping on residential lots.  In summary, the request satisfies the requirements and intent of the Larimer County Land Use Code in Section 4.10.  Staff’s assessment is that the use is appropriate at this location based on its size and scope, and the low level of impact created.  The Development Services Team supports approval.

 

The Development Services Team finds the following:

 

1.   The proposed All Sweep Inc. home occupation is compatible with existing and allowed uses in the surrounding area and shall be in harmony with the neighborhood.  Approval of the request is not anticipated to have any negative impacts on properties surrounding the site.

 

2.   The proposed use is consistent with the requirement and intent of the Larimer County Land Use Code including Section 4.3.10.  The City of Loveland did not indicate any conflicts with the goals and intent of the City’s Comprehensive Plan.

 

3.   The recommendations of referral agencies have been considered.

 

The Development Services Team recommends approval of the All Sweep Minor Special Review, File # 10-Z1784, subject to the following conditions:

 

1.   The Site shall be developed consistent with the approved plan and information contained in the All Sweep Minor Special Review, File # 10-Z1784, except as modified by the conditions of approval or agreement of the County and applicant.  The application is subject to all other verbal or written representations and commitments of record for the All Sweep Minor Special Review, File # 10-Z1784.

 

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 County, County may withhold building permits; issue a written notice to 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 County must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.  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 Special Review approval.

 

4.   The Home Occupation is limited to use of 1200 square feet in the detached structure as defined by the Larimer County Land Use Code.

 

5.   The single-family character of the property must be maintained.

 

Prior to this hearing, a neighbor contacted Mr. Ryan regarding concerns about the dumping of waste material at the property.  Staff suggested adding an additional condition of approval to prevent the dumping of waste materials at the site:

 

6.   There shall be no dumping of material collected at job sites on the residential lot.

 

Discussion ensued regarding the landscape screening, the enclave status of the property, and the hours of operation.

 

Gerald Lincoln, the applicant, addressed the Board and stated his support for the conditions of approval, including the additional condition added by staff.  Mr. Lincoln also clarified his plans for landscaping and the materials being temporarily dumped at the site during construction.

 

There was no public comment on this topic.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the All Sweep Minor Special Review for a home occupation in a detached structure as described in File #10-Z1784, subject to the conditions of approval 1 through 6 as recommended, and outlined above.

 

Motion carried 3-0.

 

2.         LOVELAND TALL PINES ANNEXATION APPEAL:  The subject property contains two single-family homes and a number of commercial buildings, all constructed prior to 1940.  The single-family homes have historically been occupied for residential uses, yet there is currently a bail bondsman business operating from one of the homes.  The homes are used as residential rental units and there are multiple businesses occupying the commercial structures. 

 

The property is 8.5 acres and the majority of the property is zoned C – Commercial.  The northern 0.6 acres is zoned Multiple-Family.  All of the buildings and improvements are located on the portion of the property zoned Commercial.

 

Single-family homes are not allowed as principal uses in the Commercial zoning district and Section 4.1.18.4 of the Land Use Code specifies that no parcel zoned Commercial can be used for more than one principal building. Additional buildings are allowed only if they are accessory to the principal structure. 

 

The Planning Department received an anonymous letter in late 2008 reporting, “The owner is operating multiple businesses on the property including U-Haul Rental trucks now.”  The U-Haul business has since been discontinued.  There have been no subsequent complaints and the property owners have since collected a number of letters from surrounding property owners stating they do not object to the multiple residential and commercial buildings and uses on the property.  In order to have the existing buildings and uses be legally conforming, a rezoning to PD – Planned Development would be required.  

 

The property is within the Loveland Growth Management Area and is contiguous to City of Loveland municipal limits.  Section 4.2.1.D of the Land Use Code requires that the property owner seek annexation to the City of Loveland rather than apply to rezone the property to Planned Development. 

 

If the proposed appeal is granted, the property owners may apply to rezone the property to PD – Planned Development without having to annex the property to the City of Loveland.  The City of Loveland has indicated they do not support annexation of the property as long as the uses on the property are in violation of the Land Use Code.  Loveland has also indicated they do not object to the property being rezoned to allow the existing buildings to be occupied by separate principal uses. 

 

If the appeal is granted, the Development Services Team proposes two conditions of approval.  First, the property owner shall submit a complete rezoning application no later than August 9, 2010.   Second, the property owner shall submit a signed annexation agreement to the City of Loveland if the rezoning is approved. 

 

If a rezoning application is not submitted on or before August 9, 2010, the Code Compliance Office will schedule a code compliance hearing before the Board of County Commissioners.

 

The Development Services Team finds that the appeal request is anticipated by, and consistent with, the Land Use Code and will not have any adverse or negative impacts to the public.

 

The Development Services Team recommends approval of the Loveland Tall Pines Annexation Appeal, File# 09-G0181, subject to the following conditions:

 

1.   The property owner shall submit a complete rezoning application no later than August 9, 2010.

 

2.   The property owner shall submit a signed annexation agreement to the City of Loveland if the rezoning is approved.

 

Staff stated that the applicants are not in agreement with condition 2.  Discussion ensued regarding the necessity of the annexation agreement, and the appeal process the applicants could pursue during their rezoning application.  Staff also noted for the Board the differences between a rezoning application and a non-conformity determination for this property.

 

John Brown, the applicant, stated his support of the staff’s findings as well as his disagreement with the requirement of the annexation agreement.  Mr. Brown also stated that rezoning has proven to be the best resolution to make the use of his property legal.  Mr. Whitley noted that the fees for the rezoning application have been greatly reduced to help Mr. Brown in making his property conforming to the Land Use Code.

 

Commissioner Donnelly requested that condition 2 be removed and the condition of approval should read as follows:

 

1.   The property owner shall submit a complete rezoning application no later than August 9, 2010.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Loveland Tall Pines Annexation Appeal, File #10-G0181, subject to the condition as amended above.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 3:40 p.m.

 

 

TUESDAY, APRIL 27, 2010

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager.  Chair Johnson presided, and Commissioners Donnelly and Gaiter were present.  Also present were:  Frank Lancaster, Donna Hart, and Deni LaRue, Commissioners’ Office;  Kimberly Culp, Larimer Emergency Telephone Authority (LETA); Marc Engemoen, Public Works Department; Stephen Gillette, Solid Waste Department; George Hass, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   Lee Tucker addressed the Board with comments and history related to Clark’s Lake and Coal Creek. 

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 19, 2010:

 

M O T I O N

 

Commissioner Gaiter moved that the minutes for the week of April 19, 2010, be approved.

 

Motion carried 3-0.

 

3.  REVIEW OF THE SCHEDULE:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA:

M O T I O N

 

Commissioner Donnelly moved that the following items, as listed on the consent agenda for April 27, 2010, be approved:

 

04272010A001           CHALLENGE COST SHARE SUPPLEMENTAL PROJECT AGREEMENT 10-CS-11021005-004 TO MASTER CHALLENGE COST SHARE AGREEMENT 10-CS-11021005-004 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE USDA FOREST SERVICE REGION 2

 

MISCELLANEOUS:   Findings and Order granting the application for a Hotel and Restaurant Liquor License at Villa Tatra, Inc.; Mid-Term Appointment to PID #32 Charles Heights – Kirt A. Glassman, appointed to complete the unexpired term of Kurt Oliver, which runs through 11/30/2013. 

 

LIQUOR LICENSES:   The following liquor licenses were approved and/or issued:  Sandy’s Convenience Store – 3.2% - Fort Collins; Hearts and Horses – Special Events Permit 6% - Loveland; Horsetooth Market – Retail Liquor Store – Fort Collins.

 

Motion carried 3-0.

 

5.   LARIMER EMERGENCY TELEPHONE AUTHORITY (LETA) UPDATE:   Ms. Culp provided a handout for the Board and presented some background information on the 911 Authority.  She explained that, other than grants awarded for specific projects, the 911 surcharge is the sole funding source for LETA and Larimer County collects $0.45 per month/per line, which is the second lowest fee-rate in the state.  Ms. Culp further noted that there are five dispatch centers located in Larimer County, four of which are scheduled for telephone updates in 2010.  In addition, LETA recently started using pictometry tools that display aerial photos to assist first responders in locating emergency sites.  These tools will also be provided to government entities and partners at no charge.  The Board thanked Ms. Culp for the information and for her efforts.

 

6.  FIRST ADDENDUM TO THE LANDFILL GAS AGREEMENT:   Mr. Gillette explained that Larimer County entered into a Landfill Gas Purchase Agreement in 2008, with a subsequent first addendum to the agreement in 2009.  Mr. Gillette noted that the first addendum identified four benchmarks, and that three of the four benchmarks have been met; however, the fourth calls for commercial operation to commence.  Mr. Gillette stated that the landfill collection system is not currently producing sufficient quantities of gas to generate an end product; therefore, the fourth benchmark cannot be met at this point.  He requested the ability to maintain the contract with the vendor and reevaluate it again in two years.   

 

M O T I O N

Commissioner Gaiter moved that the Board of County Commissioners approve of instructing the Solid Waste Director to continue under the current contract, delaying the commercial operations until sufficient amounts of gas are being produced, to be reviewed again in two years.

Motion carried 3-0.

 

7.   LEGISLATIVE UPDATE:    There were no legislative items to discuss.

 

8.  COUNTY MANAGER WORKSESSION:   There were no worksession items to discuss.

 

9.  COMISSIONER ACTIVITY REPORTS:    The Board reviewed their activities at events throughout the past week, during which Commissioner Gaiter expressed a desire to form a committee that will provide direction regarding economic development in Larimer County.  The Board indicated their support of this idea.

 

10.  LEGAL MATTERS: 

 

M O T I O N

Commissioner Donnelly 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 meeting recessed at 11:05 a.m., with no further action taken.

 

ABATEMENT HEARINGS

 

The Board of County Commissioners reconvened at 1:00 p.m. with Jon Cowling, Chief Appraiser.  Chair Johnson presided, and Commissioners Donnelly and Gaiter were present.  Also present were:  Patty Ring, Assessor’s Office; Carol Hugett, Stevens and Associates; and Gael Cookman, Deputy Clerk.

 

ABATEMENT HEARING FOR GAIL M. COTTON, PARCEL NUMBERS 97123-31-018 AND 97123-31-016:   Ms. Ring stated that she was presenting this item on behalf of fellow Appraiser Christine Murray, who was unavailable for today’s hearing.  Ms. Ring reviewed the comparables and explained that when appraising commercial properties, the Assessor’s Office is required to use three methods (cost approach, income approach, and market approach) to determine a reconciled value for any given property.  She then reviewed the comparables and noted that Ms. Murray is recommending the value of these parcels be reduced from $638,600 to $500,000, based upon the income approach to value.  

 

Ms. Hugett stated that Ms. Murray provided an income and expense questionnaire for the owner to complete on the subject property, which helped to clarify some missing data.  Ms. Hugett agreed that the reduced value of $500,000 was acceptable.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Petition for Abatement of taxes for Gail M. Cotton, Parcel Numbers 97123-31-018, and 97123-31-016, for 2007 and 2008, and reduce the combined actual value of these parcels to $500,000.

 

Motion carried 3-0.

 

ABATEMENT HEARING FOR CHARLES AND ANNE KNIGHT, PARCEL NUMBER 87311-14-002:   Ms. Ring presented background information and photos of the property in question and reviewed the three approaches to value.  Ms. Ring stated that actual income data was provided by the owner and was the significant factor in determining the value to be $4,400,000. 

 

Ms. Hugett reviewed her packet, which consisted of a summary of facts and an income proforma worksheet.  Ms. Hugett stated that, in her opinion, the total capitalization rate should be 11.01%, rather than the 8% that the Assessor’s Office is using.  Ms. Ring stated that she used leases that were established within the timeframe dictated by law, and she disagreed that it was an 11% cap rate in June of 2006.  Some discussion ensued.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners deny the Petition for Abatement for Charles and Anne Knight, Parcel Number 87311-14-002, for tax years 2007 and 2008, and uphold the actual value of $4,400,000 for the property. 

 

Motion carried 3-0.

 

ABATEMENT HEARING FOR RECREATIONAL EQUIPMENT INC., PARCEL NUMBER 97351-80-001:  Ms. Ring reviewed the packet and comparables, noting that the value on the subject property has not changed since 2005.  Ms. Ring stated that the value has remained the same because she has not been able to locate good comparables, at least not enough to justify any type of a change in value.

 

Ms. Hugett agreed that the comparables used were inequitable.  She did not provide an income proforma worksheet, as this property is owned, not leased; therefore, the salient facts from that worksheet do not apply.  Ms. Hugett presented her own comparables; however, the square footage was almost double for both of the parcels she used, so her comparables were also somewhat inequitable.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners deny the Petition for Abatement for Recreational Equipment, Inc., Parcel Number 97351-80-001, for tax years 2007 and 2008, and uphold the actual value of $1,550,000 for the property.

 

Motion carried 3-0.

 

ABATEMENT HEARING FOR 4700 INNOVATION, LLC., PARCEL NUMBER 86061-55-004:  Ms. Ring reviewed the packet and comparables, noting that she arrived at a final reconciliation and assessed value of $1,500,000, when applying all three approaches to value on the property. 

 

Ms. Hugett stated that she agreed with the improvement size, but disagrees with the capitalization rate of 8%, as in her opinion, it should be an 11% cap rate.   The Board questioned why the Assessor’s Office fluctuated between the 8% and 8.5% cap rates.  Ms. Ring stated that she used an 8% cap rate on this property because it is a good quality property, in a great location, has never had vacancy issues, and the income generated more than supports the appraised value.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners partially approve the Petition for Abatement for 4700 Innovation LLC, Parcel Number 86061-55-004, and adjust the actual value for this property to $1,400,000 for tax years 2007 and 2008.

 

Motion carried 3-0.

 

ABATEMENT HEARING FOR EDM INTERNATIONAL, INC., PARCEL NUMBER 87311-64-006:  Ms. Ring explained that she paid a site visit to the property, in order to measure the walls and clear up some discrepancies regarding the office versus warehouse space.  She reviewed the packet and comparables, noting that she made some adjustments for location and site coverage, and arrived at a final reconciled value of $1,760,000 for this property.  

 

Ms. Hugett reviewed her income proforma sheet; and, based upon the total office space, she requested that the value be lowered to $1,403,407. 

 

The Board agreed with the Assessor’s determination.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners deny the Petition for Abatement for EDM International Inc., Parcel Number 87311-64-006, for tax years 2007 and 2008, and uphold the actual value of $1,760,000 for this property.

 

Motion carried 3-0.

 

ABATEMENT HEARING FOR CENTERRA GROUND LEASES, LLC., PARCEL NUMBER 85094-77-002:  Mr. Cowling presented a packet, which included photos, and noted that the subject property is a restaurant.  He reviewed the three approaches to value, and used three additional restaurants in the area as comparables.  Mr. Cowling recommended the Board adjust the actual value on this property from $1,875,000 to $1,600,000 based upon the comparable sales.

 

Ms. Hugett presented her comparable, which is a bank located in the same vicinity.  She stated that a bank has a higher tenant finish than a restaurant does, and argued that the restaurant should be reduced in value so that it is more in line with the bank.  Mr. Cowling disagreed and stated that restaurants have more plumbing, higher health standards to adhere to, etc.  He stated that in his opinion, a bank is not a good comparable, especially when like properties can be used instead. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners partially approve the Petition for Abatement for Centerra Ground Leases, LLC, Parcel Number 85094-77-002, for tax year 2008, and adjust the actual value to $1,600,000 for this property.

 

Motion carried 3-0.

 

The meeting adjourned at 3:00 p.m.

 

 

__________________________________________

                        STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Tamara L. Slusher, Deputy Clerk

 

­­______________________________________

Gael M. Cookman, Deputy Clerk