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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 06/27/11  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, JUNE 27, 2011

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Russell Legg, Rural Land Director. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Tom Garton and Chad Gray, Building and Code Compliance Department; Traci Shambo, Engineering Department; Doug Ryan, Environmental Health Department; Rob Helmick, Samantha Mott, and Michael Whitley, Planning Department; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

Chair Donnelly opened the hearing 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 Donnelly explained that the following items were on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         MOYER EXTENDED FAMILY DWELLING EXTENSION, FILE #11-SP0278:  This is a request for approval of a three-year time extension to the approval of an Extended Family Dwelling (EFD).

 

On February 5, 2007, the Board of County Commissioners approved the use of a Park Model Recreation Vehicle (RV) as an Extended Family Dwelling on the subject property. The resident of the Extended Family Dwelling is a relative (mother) of the property owner and is over 65-years of age. 

 

Larimer County Land Use Code Section 4.3.10.I. provides the standards for administrative approval of Extended Family Dwellings, which are defined as living quarters in a manufactured home to temporarily house immediate family members. The permit is issued for a term not to exceed three years, and may be extended for additional three-year periods as long as at least one occupant of the extended family dwelling is age 65-years or older or is disabled. 

 

The Park Model RV is served by City of Loveland water and sewer. The Extended Family Dwelling was initially situated on the property prior to Board of County Commission approval and was placed within an easement that contains a City of Loveland wastewater main. In addition, grading on the property has been done that has covered several existing wastewater manholes and some wastewater manhole locator posts have been removed. The City of Loveland has proposed a number of conditions of approval regarding their easement and wastewater main. In addition, grading on the property has been done that has covered several existing wastewater manholes and some wastewater manhole locator posts have been removed. The City of Loveland has proposed a number of conditions of approval regarding their easement and wastewater main.

 

Staff recommends approval of three year extension of the Moyer Extended Family Dwelling; file #06-SP0188, subject to the following conditions:

 

1.    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 Extended Family Dwelling, 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 Extended Family Dwelling approval should not be revoked, and/or bring a court action for enforcement of the terms of the Extended Family Dwelling. 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 Extended Family Dwelling 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 Extended Family Dwelling as appropriate to monitor and enforce the terms of the Extended Family Dwelling approval.

 

2.    Applicable Transportation Capital Expansion and Building Permit fees shall be paid by the applicant at the time of building permit issuance for the Park Model RV.

 

3.    The location of the Extended Family Dwelling shall be consistent with the site plan and the information in file #06-SP0188.

 

4.    The applicant is responsible for payment of all required fees and obtaining required building permits. A building permit for the Park Model RV to be used as an extended family dwelling must be applied for and issued, all required inspections must be completed, and the owner must request that a Temporary Certificate of Occupancy be issued within 90-days of this approval, otherwise this approval automatically expires. 

 

5.    Approval of the extended family dwelling will be in effect for a maximum of 3-years from the date the Temporary Certificate of Occupancy is effective for the building permit, after which the extended family dwelling  must be removed within 3-months from the expiration date of the Temporary Certificate of Occupancy or upon application to the Planning Department, the extended family dwelling approval may be extended for an additional 3-year period provided that the conditions noted in Land Use Code Section 4.3.10.I. continue to exist and the Board of County Commissioners grant an extension. Any application for additional time must be submitted prior to expiration of the approval in effect at that time.

 

6.    Within 3-months of either of the following occurrences, the applicants or owners must notify the County Planning Department of the occurrence, and remove the extended family dwelling from the property:

a.         upon sale of the property to someone other than the current owner or the applicant; or

b.         the death of the family member residing in the Extended Family Dwelling.

 

7.    The Extended Family Dwelling shall be connected to the City of Loveland wastewater system within 30-days of approval.

 

8.    Within the permitted time (3-years) the applicant is advised that by placing the Park Model RV unit within the recorded easement, the unit is at risk of the perpetual rights of the City of Loveland as noted in the easement agreement.

 

9.         Upon expiration of this permit the Park Model RV unit will be removed from the property or relocated outside of the permanent wastewater easement.

 

2.        CABIN CREEK EAST SUBDIVISION AMENDED PLAT CHANGE OF CONDITION, FILE #11-S3042:   This is a request for approval of an amended plat to remove the requirement for residential fire sprinkler systems. The Cabin Creek East and West subdivisions were approved in 2008. Due to referral comments from both the Fire District and the Sheriff’s Office, the subdivisions were approved with the condition that indicates a fire system must be provided, which the district indicated could be fire sprinklers and the Sheriff indicated could be new connections to a nearby pond or on site water storage. The applicant is proposing to eliminate the fire sprinkler condition as he recently applied for and received a building permit for a single family structure on this lot, which requires sprinklers to be installed.

 

Most of the development in the Crystal Lakes area predates the current code and generally does not have any kind of a fire protection requirement; however, much of the development was conditioned on the need for a water source on-site or nearby. At the time of final platting, the developer decided to require future construction to contain sprinklers, rather than installing tanks or hydrants as suggested by the County Wildfire Coordinator. 

 

This area is shown on county hazard mapping as being located in the “high” and/or “very-high” fire danger area. Sprinklers will not prevent a home from being destroyed by a wild fire but, they would keep a fire from spreading to the adjacent forest or other homes, if it started in that location. The fire district has indicated that they would not require the sprinklers in response to the applicant’s request.

 

Staff recommends approval of the Cabin Creek East Lot 1 Amended Plat, file #11-S3042, subject to the following conditions and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.    All conditions of approval shall be met and the Final Plat recorded by January 1, 2012, or this approval shall be null and void.

 

2.    One of the two fire water sources shall be developed by the applicant prior to the issuance of a Certificate of Occupancy, as noted in the memo from Tony Simons, Larimer County Sheriff’s Department, dated May 9, 2007.

 

M O T I O N


Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as published above.

 

Motion carried 3-0.

 

3.         ADOPTION OF THE 2009 INTERNATIONAL BUILDING CODES:  This is a request to adopt the 2009 International Building Codes, with proposed amendments; the 1997 Uniform Code for the Abatement of Dangerous Buildings; standards for a Larimer County voluntary green building program; and an amendment to Building Permit Fee Schedule Table 1-A.

 

The international building codes (I-Codes) are developed and adopted nationally and locally as model codes based on the best and most recent building science. The I-Codes form a framework upon which the county develops a building code. Amendments to the model codes are typically adopted reflecting the county’s unique needs as determined by local code users and ultimately approved by the Board of County Commissioners. 

 

Updated I-Codes are published every three years by the International Code Council, Incorporated (ICC), which was created when three separate model building code groups from the Southern, Eastern and Western parts of the United Sates merged. Larimer County, consistent with a majority of other local jurisdictions, adopts updated codes approximately every three years. The 2006 edition of the I-Codes was adopted by Larimer County in July 2007, effective October 2, 2007.

 

Adoption of recent code editions (2009) with amendments is in the best interest of the people of Larimer County and will promote their health, safety and welfare. In addition, adoption of recent editions of the I-Codes will benefit the County and citizens by:

 

·   Establishing consistency of code adoptions with other local jurisdictions.

 

·   Ensuring eligibility for FEMA and other grants (i.e., FEMA has the option of rejecting grant requests if recent code editions are not adopted by the requesting jurisdiction).

 

·   Ensuring a high county rating by the Insurance Services Organization (ISO). ISO collects information nation-wide on building codes in effect in communities, as well as how the communities enforce their building codes. ISO analyzes the data using a Building Code Effectiveness Grading Schedule and assigns a grade to each community. Insurers can use the grade to grant premium credits for buildings constructed under strictly enforced codes. 

 

Larimer County Building Department staff members participated in joint meetings with the City of Fort Collins on significant changes from the 2006 to the 2009 I-Codes.  The City’s review committee consisted of home builders, representative(s) from the Home Builders Association, architects and engineers.  In addition, the Larimer County Building Department formed a 2009 I-Code review committee consisting of community members in the building industry. The committee members developed proposed amendments to the 2009 I-Codes by reviewing recommendations from staff, existing 2006 I-Code amendments and significant changes from the 2006 to the 2009 I-Codes.  The proposed amendments were reviewed by the Building Board of Appeals (BBOA).  The BBOA recommended two changes to the 2009 International Plumbing Code.  These changes have been incorporated into the proposed amendments before this Board.

 

The 2009 I-Code Review Committee’s proposed amendments follow the lead of other jurisdictions in the County when adopting the 2009 International Residential Code by deleting the section of the code that requires new one- and two-family dwellings to have fire-sprinklers.  The Committee’s proposed amendments also include the following major changes:

 

·   A $600 fee for temporary certificates of occupancy. It is proposed a temporary certificate of occupancy be valid for six months. If a full certificate of occupancy is issued within the first month, all but $40.00 will be refunded. After that, if a full certificate of occupancy is issued within the six-month expiration period, $100.00 shall be refunded for each full month remaining out of the original six-month validity period. 

 

·   Proposed changes to the section of the 2009 International Residential Code concerning permit expiration dates reads as follows: 

 

R105.5 Expiration.   Every permit issued by the building official under the provisions of this code shall expire 18-months after the date of issue. The building official is authorized to grant a one-time written extension of 18-months at no charge making the original permit valid for three years. Additional 18-month extensions will cost one-half the amount of the original building permit fee. Every permit shall also become null and void if the building or work authorized by such permit is not commenced within 180-days from the date of issue of such permit or if the person or entity to whom the permit is issued fails to request a first inspection within 180-days of the date of such permit. Before such work can be recommenced, a new permit shall be first obtained to do so. The fee for such new permit shall be one-half of the original building permit fee, provided no changes have been made or will be made in the original plans and specifications for such work. Changes in the plans and specifications shall require an additional permit fee and plan review fee as described in Section R108.

 

From a joint work session with the Planning Commission and the Board of County Commissioners held on April 13, 2011, a change was made to proposed amendments to the 2009 International Residential Code by allowing one layer of asphalt shingles to remain on a structure when re-roofing, for a maximum of two layers of asphalt shingles on a roof at any one time.

 

At a meeting held on May 11, 2011, the Larimer County Building Board of Appeals approved the adoption of the 2009 I-Codes with proposed amendments to go into effect July 31, 2011, approximately one month after the scheduled hearing before the Board of County Commissioners, to give engineers and builders time to design and bid to the new codes. The Building Board of Appeals letter of recommendation to approve the 2009 I-Codes and proposed amendments is attached.

 

Notice of the public hearing has been posted in local newspapers in Fort Collins, Loveland, and Estes Park and an article was posted in the “Hot Topics” section of the county’s web site. Also, newsletters will be sent to contractors making them aware of the code changes. 

 

Chair Donnelly opened the hearing to public comment and Rosemary Niichel addressed the Board in opposition to the proposed adoption.

 

Discussion ensued between the Board and staff regarding the perceived international status of the proposed codes and their implication on insurance rates.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners adopt the 2009 International Residential Code, 2009 International Building Code, 2009 International Plumbing Code, 2009 International Mechanical Code, 2009 International Fuel Gas Code, 2009 International Energy Conservation Code, 2009 International Existing Building Code, with proposed amendments, the 1997 Uniform Code for the Abatement of Dangerous Buildings, the most current published National Green Building Standard (ICC 700) as the standard for a Larimer County voluntary green building program for 1 & 2 family dwellings, with an amendment to the Building Permit Fee Schedule Table 1-A “Other Inspection and Fees”, all to be effective July 31, 2011.

 

Furthermore, Commissioner Johnson moved that the Board of County Commissioners repeal the currently adopted 2006 International Residential Code, 2006 International Building Code, 2006 International Plumbing Code, 2006 International Mechanical Code, 2006 International Fuel Gas Code, 2006 International Energy Conservation Code, 2006 International Existing Building Code and proposed amendments, all to be effective July 31, 2011.

 

Furthermore, Commissioner Johnson moved that the Board of County Commissioners adopt the most current published National Green Building Standard (ICC 700) as the standard for a Larimer County voluntary green building program for one- and two-family dwellings.

 

Lastly, Commissioner Johnson moved that the Board of County Commissioners amend the Building Permit Fee Schedule Table 1-A, “Other Inspection and Fees”, Item #5 - Issuance of each Temporary Certificate of Occupancy, to read as follows:

 

Issuance of each Temporary Certificate of Occupancy (TCO) and extensions . . . 600*.              

* A Temporary Certificate of Occupancy shall be valid for six months. If a full Certificate of Occupancy is issued within the first month, all but $40 will be refunded. If a full Certificate of Occupancy is issued prior to the six month expiration, $100 shall be refunded for each full month remaining out of the original six month validity period of the Temporary Certificate of Occupancy.

 

Motion carried 3-0.

 

RURAL OCCUPATION / CODE AMENDMENTS FILE #11-CA0117:   This is a request to make changes to Section 4.3.10 of the adopted Land Use Code by adding a new accessory use (accessory rural occupation), and to make revisions to the definition section, the sign section, and the capital expansion fee sections as a result of this new added use.

 

These proposed Land Use Code amendments were presented to the Planning Commission on May 18, 2011. There was public comment regarding this item with most of the conversation surrounding the outdoor storage of recreational vehicles, boats, trailers, etc, which is proposed as one of the prohibited uses of an accessory rural occupation. Public testimony included a request to remove this from the prohibited use list; however, after much discussion, the Planning Commission discussed voted to recommend the proposed code language without any changes.

 

The Planning Commission and staff recommend the Board approve the following amendments to the Larimer County Land Use Code, file #11-CA0117, subject to the following conditions:

 

1.    Add a new item Section 4.3.10.P to read:

 

P.  Accessory Rural Occupation.  A use conducted as customary, incidental, and accessory to either a single family dwelling or an agricultural use.  An accessory rural occupation may include business uses such as the repair of agricultural equipment or the use of agricultural equipment for excavating, etc., but may not include any of the uses specifically listed in item 4 below.  Accessory rural occupations are intended to support agricultural and rural enterprises with reasonable operational characteristics, scale, and intensity so that they function as accessory to the principle use on the property without negatively impacting the enjoyment of life, investments and rural living expectations on neighboring properties.  A use that does not meet the criteria for accessory rural occupations is not considered an accessory rural occupation and must meet other applicable use requirements.

 

Accessory Rural Occupations are allowed by right and by public site plan as detailed below.

1.         All accessory rural occupations must meet the following criteria

a.    The lot is outside a Growth Management Area Overlay zoning district.

b.    The lot is within the FA-Farming, FA-1 Farming, FO-Forestry, FO-1 Forestry, O-Open, or RE-Rural Estate zoning districts.

c.    Any noise, fumes, dust, odors, vibration, or light generated as a result of the accessory rural occupation must, at the property line, be below the volume, frequency, or intensity, duration or time of day such that they do not unreasonably interfere with the enjoyment of life, quiet, comfort or outdoor recreation of an individual of ordinary sensitivity and habits.

d.    All applicable land use, health, and building codes must be met, including special events regulations.

e.    The accessory rural occupation is conducted by the owner or lessee of the principle use (single family dwelling or agricultural use) of the property.

f.    Retail sales of products clearly incidental, secondary and ancillary to the accessory rural occupation, including on site sales of products produced on the premises, may occur throughout the year.

g.    On site retail sales events may occur no more than 30 days in any calendar year. 

h.    Multiple accessory rural occupations or home occupations, or a combination of the two, are allowed on any lot provided that for all totaled together, the requirements for a single accessory rural occupation are not exceeded.

i.    Any property owner who establishes an accessory rural occupation is encouraged to complete and sign an Accessory Rural Occupation Registration Certificate prior to operation.

 

2.    An accessory rural occupation meeting the criteria in subsection 1 and the following additional criteria are allowed by right.

a.    The lot is at least 5 acres in size.

b.    The accessory rural occupation may utilize up to 50 percent of the square footage of the single family dwelling.  The area used for the accessory rural occupation inside the single family dwelling or detached outbuildings totaled together is no more than 5,000 square feet.  Any noise generating activity, to the extent practicable, must be indoors.

c.    The accessory rural occupation must not significantly change the character of the lot, single family dwelling, or neighborhood.  All outdoor activity associated with the accessory rural occupation including any storage of vehicles, equipment, employee parking, etc., must:

1.    Not exceed 2,500 square feet.       

2.    Be at least 100 feet from the property lines.  

3.    Be effectively buffered to the extent practicable from existing residences on adjacent lots.

d.    The total number of vehicle trips associated with the accessory rural occupation including the traffic associated with employees and customers must not exceed 10 trip ends on any given day (5 vehicles entering and 5 vehicles leaving the site) except for retail sales events,

 

3.    An accessory rural occupation meeting the criteria in subsection 1 and wishing to operate under the following conditions and circumstances may operate if approval is first obtained through the public site plan process.

a.    The lot is at least 2 acres in size.

b.    The area used for the accessory rural occupation inside the single family dwelling or detached outbuildings totaled together is no more than 10,000 square feet.  Any noise generating activity, to the extent practicable, must be indoors.

c.    The accessory rural occupation must not significantly change the character of the lot, single family dwelling, or neighborhood.  All outdoor activity associated with the accessory rural occupation including any storage of vehicles, equipment, employee and customer parking, etc.:

1.    Must not exceed 5,000 square feet.

2.    Setbacks and buffering may be required based on the proposed use and the location of the proposed use on the lot.

d.    The total number of vehicle trips associated with the accessory rural occupation including the traffic associated with employees and customers must not exceed 20 trip ends on any given day (10 vehicles entering and 10 vehicles leaving the site) except for retail sales events.

e.    Public site plan applications for accessory rural occupations are subject to all applicable transportation capital expansion fees associated with the use and the number of vehicle trips generated by the use.

 

 

4.    Uses specifically prohibited as accessory rural occupations include:  accommodation uses, adult uses, auto body or paint shops, community halls, general industrial uses, hazardous material storage and/or processing, flea markets, general retail, junkyards, pet animal facilities with outdoor use, shooting ranges, solid waste disposal or transfer centers, uses prohibited by state or federal law, value-added agriculture, uses classified as hazardous waste generators under state or federal legislation, and outdoor storage of recreational vehicles, boats and other large items. 

 

As a result of the above proposed changes, the following sections should be revised or relocated.

 

1.     Add a new definition to Section 0.1 to read:

Accessory Rural Occupation.  A use conducted as a customary, incidental, and accessory to a single family dwelling or an agricultural use.  An accessory rural occupation may include such business uses as the repair of agricultural equipment or the use of agricultural equipment for excavating, etc., but may not include any of the uses specifically listed in item 4.3.10.P.4.

 

2.         Modify Section 10.5 Prohibited Signs to include accessory rural occupation as follows:

E.  Billboards, off-premises signs, except that a home occupation and an accessory rural occupation may have a temporary, off-premises directional sign as described in section 10.6.K.

 

3.  Modify Section 10.6 Signs Not Requiring a Sign Permit to include accessory rural occupation as follows:

J.  Home occupation and accessory rural occupation signs.  Signs for home occupations and accessory rural occupations shall be limited to one sign per property, not to exceed four square feet in area per face and six feet in height, located on the same lot as the home occupation or accessory rural occupation.

 

K.  A home occupation or an accessory rural occupation may have one temporary on or off premises directional sign that is located on private property no farther from the subject parcel than the nearest arterial road, has a one or two sided sign face that is no more than nine square feet per face, a sign height no more than eight feet, and is in place only during allowed retail sales events.

 

4.  Modify Section 9.5.6.B.5 Non-Regional Road Capital Expansion Fee Exemptions to include accessory rural occupation as follows:

5.  Home occupation with 10 or fewer average daily trip ends, accessory rural occupation with 10 or fewer average daily trip ends, accessory living area attached or incorporated into a single family dwelling, and bed and breakfast with six or fewer guests. 

 

5.  Modify Section 9.6.7.B.5 Regional Road Capital Expansion Fee Exemptions to include accessory rural occupation as follows:

5.  Home occupation with 10 or fewer average daily trip ends, accessory rural occupation with 10 or fewer average daily trip ends, accessory living area attached or incorporated into a single family dwelling, and bed and breakfast with six or fewer guests.  

 

Chair Donnelly opened the hearing to public comment and Ann Moder addressed the Board with questions about the possibility of a home occupation on her property. Ms. Mott stated that she would speak with Ms. Moder after the hearing to gather more information.

 

Janice Burns also addressed the Board in support of the proposed amendments with the request that outdoor storage be allowed through the public sight plan review process.

 

Discussion ensued between the Board and staff regarding outdoor storage and the Board directed staff to craft a possible modification to the current amendments for later review by the Planning Commission and the Board.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the amendments to the Larimer County Land Use Code, file #11-CA0117 as outlined above.

 

Motion carried 3-0.

 

There being no further business, the Board recessed at 4:15 p.m.

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Russell Legg, Rural Land Director. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Neil Gluckman, Commissioners’ Office; Chad Gray, Building and Code Compliance Department; Doug Ryan, Environmental Health Department; Linda Hoffmann, Planning Director; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code. Ronald Krob addressed the Board to ask about the International Residential Code. Chair Donnelly provided a brief history of the code and explained that it is Larimer County Policy to adopt the International Code as part of the Larimer County Land Use Code.

 

Chair Donnelly publicly disclosed a 2005 business transaction between himself and Russell Schaefer, owner of the subject property. Chair Donnelly stated that the transaction was strictly business related and would not affect his ability to remain impartial during the Code Compliance Hearing.

 

1.         MOUNTAIN VIEW FEEDERS, FILE #11-CC0054:  The property owner is in violation of Section 4.8 Nonconformities, by virtue of expanding a nonconforming feed yard in the Rural Estate Zoning District without obtaining prior approval from Larimer County. The owner is also in violation of Section 105 Permits, of the 2006 International Residential Code, by constructing an addition onto the north east building between 2007 and 2008 without a building permit.

 

This property is located on North County Road 19, approximately 1/3 mile north of West County Road 56, and notice of this hearing was mailed certified and regular mail to the owners. Notice was also sent by regular mail to all adjacent property owners within 500-feet of the property and other interested property owners.

 

On March 10, 2011, Code Compliance received a complaint from Eagle Lake Homeowners Association claiming Mountain View Feeders expanded their nonconforming feed yard. Attached to the complaint form was a list of 6 other home owners associations that were notified of the complaint filed, Assessor’s information, our current regulations about nonconforming uses, and a Larimer County Planning nonconforming determination letter from Gerald White dated January 9, 1986. The nonconforming letter stated the use became nonconforming in November 1973, but the business could continue to operate at the same number of cattle which were on the property at that time. It also stated that in order to expand, the business would need county approval. Code Compliance received additional written complaints from Woody Creek Community Association and a property owner in Lochland Park.

 

Code Compliance Officer Chad Gray has been in contact with the property owner, Russell Schaefer, since March 31, 2011. Aerial photos were provided to Mr. Schaefer showing that the feed yard had expanded to the south slowly over time between 1974 and 2000. Mr. Schaefer was given the following options: hold a public hearing to bring the property into compliance with current standards; return to the November 1973 level of use; provide more information in exchange for a more detailed nonconforming determination; or, go before the Board of County Commissioners for a violation hearing. Mr. Gray spoke with Mr. Schaefer on May 17, 2011, for a decision and Mr. Schaefer informed Mr. Gray that his attorneys did not believe he had violated any regulations. After reviewing the research with the Planning Director, a Code Compliance hearing was scheduled.

 

Further research also discovered that an addition was constructed onto the north east building without a building permit between 2007 and 2008. Mr. Schaefer was informed by telephone message on June 7, 2011, of the need to obtain a building permit. The complainants that have spoken with Mr. Gray have all said that during the last two years, the odor impact from the expansion has become unbearable.

 

In review, staff has found:

 

1.         Feed yards became a Special Review use in November 29, 1973. Feed yards in existence before this date would be considered nonconforming.

 

2.         This property was rezoned to Rural Estate on November 19, 1985. Under this zoning, new feed yards or the expansion of nonconforming feed yards, would need a public hearing application and approval by the Board of County Commissioners.

 

3.         Feed yards are defined as:  A confined enclosure for the feeding and fattening of livestock where the average number of animals exceeds ten animals per acre of feed yard and where less than 50 percent (50%) of the roughage type feed raised on the same farm premise.

 

4.         The International Residential Building Code states:  Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

 

Staff recommends that the Board of County Commissioners find that violations of the Larimer County Land Use and Building Codes exist, require compliance with county regulations within a time determined by the Commissioners, and authorize legal action if deadlines set by the Commissioners are not met. 

 

Discussion ensued between the Board and staff regarding the Larimer County Land Use Code and the Larimer County Right to Farm Resolution.

 

Chair Donnelly opened the hearing to the applicant. Kenneth Lind, attorney for the applicant addressed the Board and presented the following:

 

A.        Exhibit #1 – Memorandums (3) prepared by Mr. Lind’s Office

B.        Exhibit #2 – Letter from Brick Smith of Paragon Consulting Group

C.        Exhibit #3 – Letter from Dale Fullerton (previous owner of the subject property)

D.        Exhibit #4 – Letter from Mark Fullerton (previous owner of the subject property)

E.         Exhibit #5 – Letter from Bill and Edgar Seworth (previous owners of the subject property)

F.         Exhibit #6 – Letter from Frank Christensen (previous owner of the subject property)

G.        Exhibit #7 – Letter from Gerald White (former Larimer County Zoning Administrator)

H.        Exhibit #8 – 1987 Aerial Photograph

I.          Exhibit #9 – Documentation from the Planning Department Files

J.          Exhibit #10 – 2000 Aerial Photograph

K.        Exhibit #11 – Affidavit from George Ottenhoff, Attorney

L.         Exhibit #12 – Letter from Brett Kaysen

M.        Exhibit #13 - Letter from Brett Kaysen

N.        Exhibit #14 – Resume of Brett Kaysen

O.        Exhibit #15 – Memorandum from the Larimer County Agricultural Advisory Board

 

Mr. Lind used the documents listed above to illustrate that while the property has changed in configuration since 1973, the number of cattle on the property has remained the same.

 

Bill Seaworth addressed the Board and stated that he was familiar with the property and the number of cattle has remained the same since 1968.

 

Brett Kaysen addressed the Board and stated that the feedlot had been retro-fitted to meet current industry standards but operations had not been expanded.

 

Russell Schaefer, current property owner, addressed the Board and explained that before he purchased the property, he spent a full year conducting research to ensure his operations would be in compliance with the Larimer County Land Use Code. Mr. Schaefer added that he was unaware of any code violations or neighbor complaints until he was contacted by staff.

 

Chair Donnelly opened the hearing to public comment.

 

John Powell, Ron Linkenheil, Nancy Terry, Michael Tramkun, Joey Adams, Hugh Flemming, Roberta Norman, Ron Norby, Patty Clifford, John Norman, Tom Grove, Gary Solomon, William Schneider, Ron Crow, John Riley, Rich Nash, and Serina Bieritz, nearby land owners, requested the Board find that a Land Use Code violation has occurred. Most cited the increased odor and airborne chemical levels over the last two years in addition to an increase in the number of buildings on the property to illustrate a growth in the operation.

 

Sandy Brown, Richard Seaworth, Terry Rue, Bill Dumass, Chuck Cross, Joe Lee, Gary Gasby, Randy Pope, Betty Galphan, and Carol Gano requested the Board allow the feedlot to continue operations while working, in good faith, to mitigate the odor.

 

John Slutsky, George Wallace, and Jason Craft, members of the Larimer County Agricultural Advisory Board addressed the Board to request Mr. Schaefer be allowed to continue operations. All offered to help Mr. Schaefer identify and mitigate the increased odor, which was the main concern raised by surrounding property owners.

 

Chair Donnelly opened the hearing to the applicant for rebuttal and Mr. Kaysen requested the Board allow students from Colorado State University (CSU) to study the feedlot in its current state in an attempt to identify the source of increased odor. Mr. Kaysen explained that CSU is currently working with cattle facilities in Weld and Larimer Counties to solve similar problems.

 

Mr. Lind readdressed the Board and stated that Mr. Schaefer is willing to work with CSU and the Agricultural Advisory Board to find a way to mitigate the increased odor.

 

Commissioner Gaiter asked the applicant to address the un-permitted addition constructed between 2007 and 2008. Mr. Lind stated that Mr. Schaefer had recently applied for a building permit and the process should be completed very soon.

 

Commissioner Johnson stated that he could not prove that any violation had occurred. He explained that the county has no way to track the number of cattle historically present on the property. Furthermore, he believed that the aerial photographs presented by staff could only be used to prove that the property had been reconfigured; however, he did believe an increase odor was a valid concern and strongly urged Mr. Schaefer to accept the offers from the Agricultural Advisory Board and CSU to help mitigate the problem. Chair Donnelly and Commissioner Gaiter agreed.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners find that no violation of the Larimer County Land Use Code has occurred.

 

Motion carried 3-0.

 

 

TUESDAY, JUNE 28, 2011

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Frank Lancaster, County Manager; Donna Hart, Deni LaRue, and Diane Tokarz, Commissioners’ Office; Charlie Johnson, Engineering Department; Carol Block, Finance Department; David Lentz, Forestry Department; Gary Buffington and Meegan Flenniken, Natural Resources Department; Linda Hoffmann, Planning Director; Jeff Green, Risk Management Department; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Randy Pope commended the Board for allowing Mountain View Feeders to remain at current operation levels and for encouraging compromise between Mr. Schaefer and nearby land owners.

 

Eric Sutherland, Andrea Agnew, Mel Hilgenberg, Rosemary VanGorter, Delores Williams, and Erma Wollen addressed the Board in opposition to the legislation proposed to Colorado Counties Incorporated (CCI) to limit the amount of money individuals can recover if wrongfully convicted and incarcerated.

 

The Board thanked everyone for their comments.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 20, 2011:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of June 20, 2011.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 4, 2011, AND JULY 11, 2011:  Ms. Hart reviewed schedule for the upcoming weeks with the Board.

 

4.         CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as follows:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petitions for Abatement are denied:  Thomas and Sara Kent; Shirley Carter; Charles Bonza; Mark and Twyla Moraczewski; Mark J. Ruffing; Skevos G. Pavlov; and James R. Amidon.

 

06282011A001           COLORADO FOREST RESTORATION PILOT GRANT FOR CHIMNEY HOLLOW OPEN SPACE BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO STATE FOREST SERVICE

 

06282011A002           CHIMNEY HOLLOW OPEN SPACE FRFTP 2010 SFA GRANT CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO STATE FOREST SERVICE

 

06282011A003           HERMIT PARK OPEN SPACE FRFTP 2010 SFA GRANT CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO STATE FOREST SERVICE

 

06282011A004           EXTENSION AGREEMENT MEMORANDA OF UNDERSTANDING BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, FOR THE COLORADO WORKS PROGRAM & CHILD CARE ASSISTANCE PROGRAM, AND THE STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES    

 

06282011A005           DEPARTMENT OF PUBLIC WORKS CONTRACT FOR PROJECT NO. 9060 – 2011 RESURFACING PROGRAM BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COULSON EXCAVATING, INC

 

06282011A006           DEDICATION OF RIGHT-OF-WAY, HENRY K. OBERMEYER

 

06282011A007           DRAINAGE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HENRY K. OBERMEYER

 

06282011A008           AGREEMENT CONCERNING IMPROVEMENTS IN AND ADJACENT TO THE RIGHT-OF-WAY OF LARIMER COUNTY ROAD 74 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HENRY K. OBERMEYER

 

06282011R001           RESOLUTION IN SUPPORT OF IMPLEMENTING ENTREPRENEURIAL MANAGEMENT

 

MISCELLANEOUS:            CCAP Waiting List Policy; Post-TANF Child Care Policy; Letter of Support – Soaring Eagle Ecology Center at Red Feather Lakes; Colorado Medical Marijuana Licensing Authority Local Verification Form; Signatory Authority and Delegation of Signatory Authority.

 

LIQUOR LICENSES:         The following licenses were approved and issued:  Mountain Whitewater Descents, Inc. – Beer and Wine – Fort Collins.

 

Motion carried 3-0.

 

5.         ENERGY BY DESIGN TOOL FOR OPEN SPACES:   Mr. Buffington, Ms. Flenniken, Ms. Johnson, and Megan Kram, from The Nature Conservancy, addressed the Board to present information regarding Energy By Design, a program used to evaluate energy development and protect significant resource values on open space lands. Ms. Kram explained that there is an increasing pressure for oil and gas development in northern Larimer County, including conserved open space properties where the oil/gas rights have been severed. This tool, Energy By Design, has been developed and applied by The Nature Conservancy to work with willing Energy Companies to identify significant resources across a landscape needing conservation and either minimize, avoid or offset impacts from energy development.

 

Chair Donnelly inquired about the cost of using the Energy by Design Tool and Ms. Kram stated that the oil and gas companies usually pay for the use of the tool.

 

The Board thanked Mr. Buffington, Ms. Flenniken, Mr. Johnson, and Ms. Kram for their presentation.

 

6.         REVIEW OF SUBMITTED LEGISLATIVE ISSUES:   Mr. Gluckman and Mr. Green reviewed the request submitted to Colorado Counties Incorporated (CCI) to submit legislation for the 2012 session to limit the amount of money individuals can recover if wrongfully convicted and incarcerated. Mr. Gluckman explained that a limitation would allow the county to be good stewards of tax dollars and would be in keeping with many other state and federal limits.

 

Commissioner Johnson stated that the while he usually encourages such limits, he was opposed to the presented application because steep fees should be implemented as deterrents for wrongful convictions and imprisonment.

 

Chair Donnelly and Commissioner Gaiter agreed with Commissioner Johnson, while commending Mr. Gluckman and Mr. Green for addressing the cost effectiveness of the proposal.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners deny submitting the proposed legislative issue to Colorado Counties Incorporated.

 

Motion carried 3-0.

 

7.         RESOLUTION TO REVISE AND ESTABLISH PROPOSED COMMISSIONER BOUNDARIES; POTENTIAL DISTRICTS MAP; CITY OVERVIEW MAP; MAP 1 FROM 2; AND MAP 3 FROM 2:   Mr. Gluckman explained that Commissioner Districts are re-drawn after each census to balance the population and representation of each district. Based on the 2010 census, minor adjustments were required and the Board must adopt the proposed adjustments by the end of June to allow for public comment through July 29, 2011, with final adoption by the Board at a public meeting during the first week of August.

 

Chair Donnelly asked where the public could view and comment on the proposed boundary adjustments and Ms. LaRue stated the maps would be available for viewing on the Virtual Courthouse and comments could be submitted via email.

 

M O T I O N

 

Commissioner Johnson moved that the Board approve the proposed maps as presented and to begin the public comment period.

 

Motion carried 3-0. 

 

06282011R002           RESOLUTION TO REVISE AND ESTABLISH PROPOSED COMMISSIONER BOUNDARIES

 

8.         BOARDS AND COMMISSIONS APPOINTMENTS:   Ms. Tokarz presented the following for appointment:

 

Boxelder Stormwater Authority Board of Directors:   Vic Meline, reappointed to a 3-year term beginning June 28, 2011, and expiring April 1, 2014; and George Reed, appointed to a 3-year term beginning June 28, 2011, and expiring April 1, 2014.

 

Citizen Review Panel:  Jeffrey Martin, reappointed to a 3-year term beginning June 28, 2011, and expiring June 30, 2014; Alex Mindemann, appointed to a 3-year term beginning June 28, 2011, and expiring June 30, 2014; and Kristin Stephens, appointed to a 3-year term beginning June 28, 2011, and expiring June 30, 2014.

 

Environmental Advisory Board:  Melissa Chalona, Michael Jones, Kimberly Karish, Evelyn King, reappointed to 3-year terms beginning July 1, 2011, and expiring June 30, 2014; Brian McCluskey, completing the unexpired term of Jarrett Tishmack, beginning June 28, 2011 and expiring June 30, 2013; and Joseph Wilson, completing the unexpired term of Bill Zawacki, beginning June 28, 2011 and expiring June 30, 2012.

 

Estes Valley Planning Commission:   Richard Grabish and Betty Hull, reappointed to 4-year terms beginning July 1, 2011, and expiring June 30, 2015.

 

Office on Aging Advisory Council:   Nancy Arthur, David Born, Judith Jones, Randy Mergler, Earl Stevens, Sharon Zamora, reappointed to 3-year terms begging July 1, 2011, and expiring June 30, 2014; Nila Croll, completing the unexpired term of Kristina Seth, beginning June 28, 2011, and expiring June 30, 2012; Ellen Lawson, completing the unexpired term of Dean Cunningham, beginning June 28, 2011, and expiring June 30, 2011.

 

Parks Advisory Board:  D. Glenn Doughty, completing the unexpired term of Chad LaChance, beginning June 28, 2011, and expiring June 30, 2013; Robert Harris and Ron Kainer, appointed to 3-year terms begging July 1, 2011, and expiring June 30, 2014; and Linda Knowlton, reappointed to a 3-year term begging July 1, 2011, and expiring June 30, 2014.

 

Workforce Investment Board:  Pamalyn Allen, Cyrnthia Christie, Kathleen Gilliland, Ann Hutchinson, Ryan Lennartson, Yvonne Myers, Kathy Olson, Mike Reiff, Miki Roth, Carol Steinbock, Kory Stolte, and Julie Zinn Pattie, reappointed to 3-year term beginning July 2, 2011, and expiring June 30, 2014; Kathy Hanson, Gregg Meisinger, Rob Phillips, Geniphyr Ponce-Pore, Jeffrey Smith, Eric Stenner, Susan Strating, and Jerry Thurber, appointed to 3-year terms beginning July 2, 2011, and expiring June 30, 2014;

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the appointments and reappointments to the Boards and Commissions as listed above.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners amend the previous motion to approve the appointments and reappointments to the Boards and Commissions as listed above, removing the reappointment of Richard Grabish to the Estes Valley Planning Commission.

 

Motion carried 2-1, Chair Donnelly dissenting.

 

Commissioner Johnson explained that during attempts to converse with Mr. Grabish, he became rude and combative before ultimately severing all communication. Commissioner Johnson stated that Mr. Grabish’s actions have made it impossible to maintain a respectful and productive working relationship.

 

9.         ASSISTANT COUNTY MANAGER WORKSESSION:   Mr. Gluckman did not have any worksession items to discuss.

 

10.       COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the previous week.

 

11.       LEGAL MATTERS:  There were no legal matters to go before the Board.

 

Mr. Lancaster requested the Board go into executive session, regarding a proposed URA, as outlined in 24-6-402-(4)(e) C.R.S. with no decision to follow.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners go into executive session to determine positions relative to matters that may be subject to negotiations; developing a strategy for negotiations; and instructing negotiators as outlined in 24-6-402(4)(e) C.R.S.

 

Motion carried 3-0.

 

There being no further business, the Board recessed at 11:30 a.m.

 

ABATEMENT HEARING

 

The Board of County Commissioners reconvened at 1:30 p.m. for an Abatement Hearing. Chair Pro-Tem Gaiter presided and Commissioner Johnson was present. Also present were: Ann Sepulveda, Assessor’s Office; and Melissa Lohry, Deputy Clerk.

 

1.         PETITION FOR ABATEMENT – PARCEL NUMBER 34173-08-010:  Ms. Sepulveda described the subject property and presented the comparables used to arrive at a final assessed value of $595,500. Some discussion ensued regarding the method used to arrive at that value, including the sale of the subject property within the statutorily required timeframe.

 

David Maheu and Lorna Maheu, petitioners, addressed the Board and admitted that they were previously unaware of the statutorily required timeframe within which all assessments must be based.

 

Much discussion ensued between the Board, Ms. Sepulveda, and the petitioners regarding time restrictions and the abatement process.

 

 M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners deny the Petition for Abatement of Taxes for parcel number 94173-08-010, allowing the assessed value to remain at $595,500 for the 2009 and 2010 tax years.

 

Motion carried 2-0.

 

There being no further business, the Board adjourned at 2:30 p.m.

 

 

 

 

__________________________________________

   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.