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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, JULY 11, 2011

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Donnelly presided and Commissioners Johnson and Gaiter were present.  Also present were:  Rob Helmick, Michael Whitley, Toby Stauffer, and Karin Madson, Planning Department; Eric Tracy, Engineering Department; Eric Fried, Code Compliance; Bill Ressue, County Attorney’s Office; and Tamara Slusher, 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 are on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         CRYSTAL LAKES 6TH FILING LOTS 93 & 94 LOT CONSOLIDATION EASEMENT VACATION, FILE #11-S3038:    This is a request for approval of a lot consolidation combining Lots 93 and 94 of Crystal Lakes 6th Filing into one lot and vacating two 15-foot utility easements located along the common lot line.  The proposed lot consolidation and easement vacation will not adversely affect neighboring properties nor will it result in the creation of additional lots.  Staff finds that the request meets the requirements of the Larimer County Land Use Code and recommends approval subject to the following conditions:

 

1.   All conditions of approval shall be met and the final resolution recorded by January 11, 2012, or this approval shall be null and void.

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

3.   The vacation of the utility easement and the reconfiguration of the lot lines shall be finalized at such time when the plat and findings and resolution of the Board of County Commissioners are recorded.

 

2.         TOWN OF BELLVUE LOT 1 AMENDED PLAT/RIGHT OF WAY VACATION, FILE #11-S3044:   This is a request to amend the plat of Lot 1, Town of Bellvue to vacate the alley to the west and incorporate all land into Lot 1.  A letter submitted to Staff by the adjacent property owner, Robert Sasick, indicates that he gives his half of the vacated alley to Ms. Scinto.  Comments submitted by the Land Surveyor of the Larimer County Engineering Department indicates some required corrections to the proposed plat, however, no additional agencies or neighboring owners have objections to this proposal.  This request will not adversely affect neighboring properties nor will it result in the creation of additional lots.  Staff finds that the request meets the requirements of the Larimer County Land Use Code and recommends approval subject to the following conditions with authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   The final plat shall be recorded by January 11, 2012, or this approval shall be null and void.

2.   Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

3.   A quit claim deed shall be provided for recording, indicating that Mr. Sasick transfers ownership of his portion of the vacated alley to Ms. Scinto.

 

3.         FLOYD HICKS LOTS 2, 3 & 4 AMENDED PLAT, FILE #11-S3045:   This is a request to move boundary lines to accommodate existing buildings and infrastructure.  Buildings and fence lines have been constructed over time and maintained in such a way that perceived ownership does not match the actual property line boundaries.  This plat will amend the three lots to be more aligned with what the owners have been maintaining historically. 

 

Comments submitted by the Land Surveyor of the Larimer County Engineering Department indicates some required corrections to the proposed plat, however, no additional agencies or neighboring owners have objections to this proposal.  The proposed changes will not adversely affect any neighboring properties nor will it result in the creation of additional lots.  Staff finds that the request meets the requirements of the Larimer County Land Use Code and recommends approval subject to the following conditions with authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   The final plat shall be recorded by January 11, 2012, or this approval shall be null and void.

2.   The applicant shall place a note on the amended plat indicating that the resultant lots will be subject to the same restrictions, covenants, and conditions as set forth in the plat of record for the Floyd Hicks Subdivision.

3.   The applicant shall coordinate with the Little Thompson Water District to locate a water meter pit and provide an easement on the plat as needed.

4.   Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department. 

 

4.         CENTENNIAL FARM CONSERVATION DEVELOPMENT 2ND AMENDMENT TO DEVELOPMENT AGREEMENT, FILE #03-S2207:  The final plat for the Centennial Farm Conservation Development was recorded on April 23, 2007.  The development agreement for the property included a completion date of April 22, 2009.  An amendment to the development agreement was approved by the Board of County Commissioners on April 6, 2009, extending the completion date until October 22, 2011, and including a lot sale restriction for the development.

 

The developer has requested a second extension to the completion date for an addition 24 months, noting that it is their opinion that any market demand for the development will not materialize for at least two to three years.  Staff supports this request as the current market conditions do not appear to warrant additional residential lots at this time with the hope that market conditions will change in the near future at which time collateral can be posted and the development realized.  For the applicant this arrangement would allow the entitlements acquired through the final plat process to continue and allows the requirement for the provision of construction collateral to be deferred until the time of construction.

 

Staff supports the request to extend the completion date for two years, until October 22, 2013.  The existing lot sale prohibition requires collateral to be posted prior to the construction of the development.  At the time the developer decides to request a release of the lot sale prohibition, the development agreement will again need to be amended, the public improvements opinion of costs be updated to reflect construction costs at the time of the request (rather than using the estimate provided in 2006), and collateral shall be provided to ensure completion of those improvements.

 

Staff recommends the approval of an additional two year extension to the completion date for the Centennial Farm Conservation Development, File #03-S2207, an Amendment to the Development Agreement and Lot Sale Prohibition for the development excluding Residual Lots A, B, and C with the following conditions:

 

1.   The second amendment to the development agreement shall be amended and recorded by October 22, 2011, and shall include a revised completion date of no later than October 22, 2013.

2.   The developer shall continue to timely pay all annual real property taxes for the property.

3.   The developer shall submit annually to the Planning Department, a letter, statement, or report for service providers (water) confirming the service providers willingness to provide service pursuant to previously approved plans and specifications.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

5.         PANDO MINOR LAND DIVISION AMENDED PLAT, FILE #11-S3043:  The Pando Minor Land Division as originally approved in 1998 allowed for the creation of two lots:  one occupied by the original home, and the other was a vacant parcel. Both lots were approximately 0.7 acres in size.  The assumption at the time was that the Boxelder Sanitation District lines would be extended to other properties in the area, facilitating sewer service to both of these lots. Although more than 12 years have passed, the extension of the lines has not occurred.  In 1998 the MLD process did not include a hearing, only staff review and presentation of a plat to be signed by the Board.  The conditions of approval were drafted to ensure that both lots would be connected to public sewer at the time that the vacant lot was reviewed as a planned unit development (PUD), and an application for a building permit was made.  Since the time of the original approval changes were made to the adopted Land Use Code, eliminating the process for approval for a PUD, necessitating this application and request.

 

Comments submitted by the Boxelder Sanitation District indicated that, at this time, it is impractical to serve the site.  Additionally, comments submitted by the Health Department indicate that they would not require a public sewer connection and noted the potential difficulties of installing a septic system on this lot.

 

At the time of original approval, no lot size variance was necessary due to the anticipated use of the public sewer.  The current sewer system on Lot 1 is operating correctly but should that system fail in the future, sewer service is more than 400 feet away and would therefore require a new or replacement system.

 

At the time of the original MLD approval there was a clear expectation that public sewer service would become readily available at a reasonable cost.  That expectation has not been met and at this time, due to economic conditions, it is not likely to improve.  The original home is served by an existing system where a variety of technical issues exist.  Staff finds that the best option would be to provide for an opportunity to allow the applicant to pursue the option of an individual system to be able to utilize their lot.

 

Staff recommends approval of the Pando Minor Land Division, Lot 2 Amended Plat, File #11-S3043, removing the requirement for the connection to public sewer, subject to the following condition(s):

 

1.   All conditions of approval shall be met and the final plat recorded by January 11, 2012, or this approval shall be null and void.

2.   Previous conditions with respect to access shall continue to apply.

3.   The applicant shall execute and agreement to annex to the City of Fort Collins.

 

Fred Walker, manager of Boxelder Sanitation District, addressed the Board and detailed a potential third option for a forced main line which would benefit the other lots along Summit View Drive and could provide potential cost savings to the owners.  Discussion ensued regarding the differences between a forced main and a gravity line, and the potential costs of both options.

 

Phyllis & Placido Pando, the property owners, expressed their desire to remove the conditions from the plat so as not to encumber the other lot with cost.  Mr. Pando expressed a desire to reduce the costs of the sewer improvements as much as possible and explained that they are open to all three options depending on cost.

 

At this time, Chair Donnelly opened the hearing to public comment.  Steve & Kathy Thomas, owners of Lot 1, addressed the Board and requested clarification of the conditions and the effect that removing them would have on their property.  Staff explained that if the conditions were removed, it would be removed from both lots.

 

Chair Donnelly closed public comment and discussion ensued regarding the three conditions on the original plat.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Pando Minor Land Division Amended Plat, File #S3043, subject to the condition(s) outlined above.

 

Motion carried 3-0.

 

6.         MIGHTY EARTHWORKS MINOR SPECIAL REVIEW AND APPEAL, FILE #11-Z1838:  The property owner seeks approval from the Board for a Minor Special Review to allow a home occupation to occupy 1,200 square feet of indoor area within the home and/or within a detached building, and to also allow 800 square feet of outdoor storage.  The property is 0.65 acres and is located at 792 42nd Street SW, in Loveland, which is on the south side of 42nd Street SW, approximately 870 feet east of County Road 15H.

 

The property is zoned FA-Farming and is developed with a 744 square foot single-family residence and three detached accessory structures.  The property is surrounded by other FA-Farming zoned properties, the majority of which are developed with single-family homes.  There is a 37.10 acre undeveloped parcel north of the subject property.  There is also a church, an Excel Energy office and storage yard, a mobile home park, the Campion Academy (school & church), and the Campion Industrial Park in the vicinity.

 

The proposed home occupation, Mighty Earthworks, is an excavating company that has been operating on the property since 2003.  The Code Compliance office received a complaint about the business on August 25, 2010.  At a Code Compliance hearing on November 8, 2010, the Board found that a violation of the Land Use Code exists and allowed the business to continue operations while the property owner went through the Minor Special Review application process.  At the hearing two property owners spoke in opposition to the excavating business, and seven property owners spoke in support. 

 

A home occupation is intended to be conducted as a customary, incidental, and accessory use in the resident’s dwelling unit.  The only uses that are specifically disallowed as home occupations are medical marijuana related uses, auto repair, and similar uses.

 

At the time this application was submitted, home occupations that were located in detached accessory buildings that received a building permit after June 19, 2006 that occupy more than 800 square feet (not to exceed 1,200 square feet), that generate more than six vehicle trips per day (not to exceed 10 vehicle trips per day), and/or utilized outdoor storage (not to exceed 800 square feet) required approval through the Minor Special Review process.

 

Currently the only indoor area associated with the home occupation is a 420 square foot detached structure that used as an office.  The applicant has asked for the ability to utilize 1,200 square feet of indoor area in order to accommodate future growth of the home occupation.  The applicant also seeks permission to have 800 square feet of outdoor storage, which is the maximum outdoor storage area allow for a home occupation, and to generate up to 10 vehicle trips per day.

 

The regulations at the time of application required a setback of 200 feet from all property lines for outdoor storage areas between 401 and 800 square feet, and required that all outdoor storage be effectively screened from surrounding properties and public roads.  At the time that this application was made, the Land Use Code required that the proposed outdoor storage have a minimum setback of 200 feet from all property lines.  The applicant included an appeal to these standards.

 

Code amendments adopted on May 23, 2011, changed the review procedure for home occupations that exceed “use by right” thresholds from Minor Special Review to Public Site Plan Review.  The amendments also modified a number of standards for home occupations, including eliminating the setback requirements for outdoor storage, but retained the screening requirement.  The Minor Special Review process is being used to review this request but the request is being evaluated for compliance with the amended home occupation standards.  The County Attorney’s office has confirmed that an appeal to the setback standard for outdoor storage is no longer necessary for Mighty Earthworks.

 

Letters have been submitted objecting to the proposed Minor Special Review.  No letters or emails of support have been received but some surrounding property owners have called the Planning office to state that they have no objections to the proposed use. 

 

Additionally, the applicant has included a written appeal to have the Minor Special Review fee refunded, which was collected at the time of application in the amount of $600.00.

 

The Development Services Team recommends approval of the Mighty Earthworks Minor Special Review, File #11-Z1838, subject to the following conditions:

 

1.   The site shall be developed consistent with the approved plan and with the information contained in the Mighty Earthworks Minor Special Review, File #11-Z1838, except as modified by the conditions of approval or agreement of the County and application.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Mighty Earthworks Minor Special Review.

 

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 Minor Special Review approval.

 

4.   The owner is responsible for obtaining all required building permits for any new structures on the property. All applicable fees shall apply to this use.

 

5.   Within 60 days from the date of approval, the owner shall obtain all outstanding building permits and inspections for all previous work in the existing residence and for the conversion of the 420 square foot detached accessory building to an office.

 

6.   The outdoor storage area shall be screened from 42nd Street SW.

 

7.   The Home Occupation shall operate within conditions established for the Minor Special Review within 60 days of the date of approval.

 

8.   This Minor Special Review approval will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

The Development Services Team further recommends the denial of the Mighty Earthworks fee appeal.

 

Ed and Carrie Kahl, the property owners, addressed the Board and reaffirmed their desire to comply with all conditions as outlined, stating that they will make efforts to reduce visibility, remove rubbish, and work with the neighbors and the County to ensure compliance. 

 

Chair Donnelly opened the hearing to public comment and Damon Herrera, attorney for Debbie Torrez, and Eric Booton addressed the Board in opposition to this application citing reduced property values, negative impacts on the quality of the roads, the level of noise, the hours of operation, and the general incompatibility with the surrounding neighborhood.

 

Glen Hodges Jr., Philip Bearly, Rocky Hedger, Jeanne Steffens, Royce Hopkins, Kathryn Horn, John Horn, Andrew Givan, Marty Pond, and Stacey Geer (via written comment) all spoke in support of this application.  All spoke highly of Mr. and Mrs. Kahl and the way their business has operated on the property since 2003, stating that there was very little impact to the surrounding neighborhood. 

 

Discussion ensued regarding the owners ability to comply with the conditions of a home occupation and the location of the outdoor storage.  The Board thanked the neighborhood for coming to the hearing and offering their comments.  Further discussion ensued regarding the fee appeal and the hard costs associated with processing a Minor Special Review application.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Mighty Earthworks Minor Special Review, File #11Z1838, subject to the condition(s) outlined above.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners deny the Mighty Earthworks fee appeal.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 5:32 p.m.

 

 

TUESDAY, JULY 12, 2011

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 1:30 p.m. with Neil Gluckman, Assistant County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Donna Hart and Deni LaRue, Commissioners’ Office; Carol Block, Finance Director; Bridget Paris, Human Resources Department; Marc Engemoen, Public Works Director; Justin Smith, Sheriff; George Hass and William Ressue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Mel Hilgenberg addressed the Board to discuss a myriad of topics.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 4, 2011:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of July 4, 2011.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 18, 2011:   Ms. Hart reviewed the schedule for the upcoming week.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Consent Agenda as outlined below:

 

07122011R001           RESOLUTION REGARDING EXTENSION OF APPROVAL OF PINEWOOD SPRINGS 5TH LOT 104 AP/RAINS BOUNDARY LINE ADJUSTMENT

 

07122011R002           FINDINGS AND RESOLUTION APPROVING THE COLLAND CENTER SIGN APPEAL

 

07122011R003           RESOLUTION PROVIDING FOR THE APPOINTMENT OF INDEPENDENT REFEREES TO CONDUCT HEARINGS ON BEHALF OF THE LARIMER COUNTY BOARD OF EQUALIZATION

 

LIQUOR LICENSES:  The following licenses were approved and issued:  CO Feed & Grain Inc., doing business as, CO Feed & Grain Cookhouse – Hotel and Restaurant – Fort Collins; and Colorado State University Ag Day – Special Event 3.2% – Fort Collins.

 

Motion carried 3-0.

 

5.         SHERIFF UPDATE:  Sheriff Smith provided the Board a quarterly update of staffing, budgetary issues, policy changes, and procedure changes within the Sheriff’s Office.

 

6.         2012 COMPENSATION:  Ms. Paris addressed the Board to review the County’s 2012 compensation plan, range movement, and employee compensation. Ms. Paris noted that the employee pay plan has been frozen (no range adjustments) since its creation in January of 2009 (created based on 2008 market data); therefore, she requested the Board approve the following:

 

A.        Provide a 1.5% range adjustment and equivalent increase to employees on January 2, 2011, due to restrictions with the county’s Oracle Software.

 

B.        Provide a 1.0% merit increase to employees on their evaluation date if the employee receives a standard or better score on the evaluation.

 

C.        Waive the 6-month probationary merit increases for employees to allow a year for employees to progress through their ranges and mitigate increased compression at the beginning of ranges.

 

The Board thanked Ms. Paris for the requested and thanked the employees of Larimer County for their dedication to serving the citizens of the county during the tough economic times.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve a 1.5% range adjustment to all jobs in the Larimer County pay plan and the equivalent pay increase to the employee effective January 2, 2011; provide a 1.0% merit increase for employees in accordance with the Human Resources Policy 331.5G, Section III.F and G; and waive the Human Resources policy 331.5G, Section III.F.2.a.1 for 2012.

 

Motion carried 3-0.

 

7.         POSSIBLE REFINANCING OF DEBT FOR THE RANCH :  Mr. Engemoen and Ms. Block requested the Board approve the use of the $1.3 million supplemental reserve, set forth in the original bond documents and internal county policy regarding bonds issued for the building of The Ranch, to retire a portion of existing debt as part of a refinancing proposal and a moral obligation pledge to use general fund reserves to cover any difference between sales tax revenue and debt service payments, should a shortfall occur.

 

Much discussion ensued between the Board and staff regarding the implications of the proposed moral obligation pledge.

 

The Board accepted responsibility of any shortfall between sales tax revenue and debt service payments via a moral obligation pledge and directed staff to move forward in arranging the proposed refinance of debt.

 

8.         ASSISTANT COUNTY MANAGER WORKSESSION:   Mr. Gluckman had no items to discuss.

 

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

 

10.       LEGAL MATTERS:  Mr. Hass requested the Board go into executive session to discuss the Boxelder Authority Intergovernmental Agreement.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners go into executive session 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.

 


There being no further business, the Board adjourned at 3:45 p.m.

 

 

 

 

__________________________________________

   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Tamara L. Slusher, Deputy Clerk

 

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

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