MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Linda Hoffman, Michael Whitley and Rob Helmick, Planning Department; Eric Fried, Building and Code Compliance; Eric Tracy, Engineering Department; Doug Ryan, Health Department; William Ressue, County Attorney’s Office; and Dana Bouchard, Deputy Clerk.
Chair Gaiter opened the hearing with the Pledge of Allegiance.
Chair Gaiter then explained that the following items are on consent and would not be discussed unless requested by the Board or members of the audience:
1. LETITIA LAKE SUBDIVISION LOTS 7 & 8, BLOCK 4 LOT CONSOLIDATION, FILE #12-S3089: This is a request to combine Lots 7 and 8, Block 4, of the Letitia Lake Subdivision into one lot. There are currently no existing structures on the properties. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.
Staff review of this request finds the lot consolidation will not adversely affect neighboring properties or any county agencies, and the request meets the requirements of the Larimer County Land Use Code. Therefore, staff recommends approval of the Letitia Lake Subdivision, Block 4, Lots 7 and 8 Lot Consolidation, file #12-S3089, subject to the following conditions:
1. All conditions of approval shall be met and the final resolution recorded by August 13, 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 reconfiguration of the lots lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.
2. ANNUNCIATION CHAPEL ADDITION SPECIAL REVIEW, FILE #11-Z1853: This is a request for Special Review approval to allow the expansion of an existing non-conforming church in the FA – Farming and O – Open zoning districts including the addition of a pastor’s residence and a pre-school/daycare facility for up to 20 children.
Upon review of this request, staff recommends approval subject to the following conditions:
1. This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.
2. The Site shall be developed consistent with the approved plan and with the information contained in the Annunciation Chapel Addition Special Review, file #11-Z1853 except as modified by the conditions of approval or agreement of the county and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Annunciation Chapel Addition Special Review.
3. Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners
4. This application is approved without the requirement for a Development Agreement.
5. Final site plan documents, including deeds of dedication, shall be submitted within 90 days of the signing of the Findings and Resolution.
6. The property owner may continue to use the parking spaces and maneuvering area within the right-of-way until County Road 56 and/or Highway 1 is widened. Upon request the property owner shall submit a Site Plan Review application for the relocation and/or reconfiguration of the parking lot. It will be the responsibility of the property owner to make all necessary improvements and to comply with all applicable standards in effect at the time.
7. The access onto County Road 56 shall be relocated as per the approved plans prior to the issuance of a certificate of occupancy for the church addition.
8. The future establishment of a day care facility will require site plan review to evaluate compliance with current health, building and fire code requirements.
9. In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review, 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 Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review. All remedies are cumulative and the county’s election to use one shall not preclude use of another. In the event county must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, applicant agrees to pay all expenses incurred by county including, but not limited to, reasonable attorney’s fees.
10. County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.
11. 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.
3. PARKER MINOR RESIDENTIAL DEVELOPMENT TRACTS A & B AMENDED PLAT, FILE #11-S3070: This is a request to amend the plat of the Parker MRD adjusting the boundary between Tracts A & B to increase the size of B by approximately 5 acres, creating lots of 14+ and 26+ acres.
After review of this request, staff finds The Parker MRD Tract A & B Amended Plat meets the code requirements and standards of review. No individual or agency has identified any issues, which remains unresolved. Therefore, staff recommends approval of the Parker MRD Tracts A & B Amended Plat, file #11-S3070, 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 August 13, 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 required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.
3. The new parcels shall be described and noted on the plat as lots not tracts.
4. PARKER SECOND SUBDIVISION, FILE #11-S3041: This is a request for a Preliminary Plat and Final Plat of a Subdivision of 26.9 acres into three lots of 2.9, 4.8 and 19.2 acres.
Staff recommends approval of the Parker 2nd Subdivision Preliminary Plat, file # 11-S3041, subject to the following conditions:
1. The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Parker 2nd Subdivision Preliminary Plat, file #11-S3041, except as modified by the conditions of approval or agreement of the County and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Parker 2nd Subdivision Preliminary Plat.
2. The following fees shall be collected at building permit issuance for new single-family dwellings: Thompson R2-J School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Regional Park Fees (in lieu of dedication). The fee amount that is current at the time of building permit application shall apply.
3. Fire Requirements – At the time of the development of Lot 3, the current owner will be required to install fire protection consistent with the requirements of the Code. If lot 3 develops as only a single-family use then hydrants within 600 feet of a residence or residential fire sprinklers in the alternative shall be require. Any redevelopment (construction of a new residence) of Lots1 and 2 shall require hydrants within 600 feet of the residential structure or residential fire sprinklers.
4. All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site-specific soils investigation. The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table. Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.
5. Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.
6. The access to Lot 3 from CR 14 shall be in one of the two locations as depicted on the Preliminary Plat. These locations shall be shown on the Final Plat.
Staff further recommends Approval of the Parker 2nd Subdivision Final Plat, file #11-S3041, subject to the following condition:
1. Completion of the plat and supporting documents prior to presenting them for Board of County Commissioners approval and signature.
5. PEARL VISTA CONSERVATION DEVELOPMENT 2ND DEVELOPMENT AGREEMENT AMENDMENT & CHANGE TO FINAL USE PLAN FOR RESIDUAL LOT, FILE #06-S2427: This is a request that the Development Agreement and Final Use Plan be amended to provide for the ownership of Residual Lot A to be connected to Lot 3 instead of Lot 1. The Pearl Vista Conservation Development was approved by the County Commissioners on March 20, 2006. At that time, the property owners desired to retain the ownership of Residual Lot A with the newly created Lot 1. This was memorialized the Development Agreement for the Conservation Development and in the Use Plan for the residual lot The developer has since sold Lots 2, 3 and Residual Lot A and that current owner would like to tie the ownership of Residual Lot A with their ownership of Lot 3. This would be a second amendment to the Development Agreement. Staff does not have concerns with this request.
Therefore, staff recommends approval of the amendment to the Development Agreement and Final Use Plan for Residual Lot A, to reflect the changed ownership arrangement.
6. LLOYD EXPANSION/EXTENSION OF NON-CONFORMING USE, FILE #12-Z1873: This is a request for Expansion/Extension and of a non-conforming use to replace a single wide mobile home with a newer model. There is also another single family residence on the property.
The Valley View Subdivision was created in 1953. In 1963 the property was zoned Commercial. The residences in the subdivision are non-conforming since the C-Commercial zoning district does not allow residential uses. The stick built house on the Lloyd’s property was constructed in 1965 according to Assessor records. The mobile home is listed as a 1970 mobile home, however it is not clear when the home was placed on the property. The applicant would like to replace the existing 12’ by 55’ mobile home with a newer model manufactured home that would be approximately 16’ by 80’. The newer home would be located so that it meets current setback requirements.
Staff finds the Lloyd Expansion/Extension of a Non-Conforming use application, file #12-Z1873, has the ability to meet the criteria for approval as noted above, and recommends Approval of the Lloyd Extension/Expansion of a Non-conforming Use and, file #12-Z1873, subject to the following condition:
1. The applicant shall be responsible for obtaining a new sewer tap from the Cherry Hill Sanitation District at the time a building permit for the replacement dwelling is sought.
7. DRY CREEK CEMENT PLANT LATERAL FLOODPLAIN SPECIAL REVIEW: This is a request to allow a replacement of an existing underground 6 inch natural gas transmission line to cross the Dry Creek Zone A 100-year floodplain.
XCEL Energy/Public Service Company of Colorado is requesting approval of a Floodplain Special Review to allow the installation of a 6-inch underground natural gas transmission line to cross the Approximate Zone A floodplain of Dry Creek. The gas line will be bored under the extents of the analyzed 100-year floodplain. The Land Use Code requires a recommendation from the Flood Review Board with a final approval from the Board of County Commissioners through a Floodplain Special Review.
Staff finds that all review criteria for Flood Plain Special Review under the Land Use Code has been met and, therefore, recommends approval of the request.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as outlined above.
Motion carried 3-0.
8. TORREZ APPEAL, FILE #11-G0228: After review of this appeal, the Planning Director determines that the excavation business being operated at 792 42nd Street SW, Loveland, is in substantial compliance with the Mighty Earthworks Minor Special Review approved by the Board of County Commissioners on July 11, 2011, and does not warrant further expenditure of staff time for enforcement at this time.
The Minor Special Review that was granted to the Kahle’s, owners of the property in question, was granted subject to certain conditions including consolidating the outdoor storage area in the southeast side of the property, screening the outdoor storage from 42nd St SW, and obtaining all outstanding building permits and inspections for previous work in the residence and the detached accessory building converted to office use.
The Khale’s met all the requirements necessary and they were verified by staff on October 3, 2011. Also, all outstanding building permits received final inspection approval by September 20, 2011. Because the Kahle’s had met the conditions of approval, staff determined they were in substantial compliance with the Land Use Code and closed the Code Compliance file.
Throughout this entire time period, staff continued to receive complaints from the neighboring property owner and tenant, and staff made numerous site visits and phone calls to the property owners. Although the County Commissioners had approved the underlying use by granting Minor Special Review approval, the complainants continued to object to the presence of the excavation business, as well as alleging that the gate was not always closed and that some of the trailers were not always in the designated outdoor storage area.
On November 18, 2011, Planning Director Linda Hoffmann made a formal determination that the excavation business being operated at 792 42nd Street SW, Loveland, is in substantial compliance with the Mighty Earthworks Minor Special Review approved by the Board of County Commissioners on July 11, 2011, and does not warrant further expenditure of staff time for enforcement at this time.
On December 15, 2011, a neighboring property owner and tenant, Debbie and Vonne Torrez, filed this appeal to the Director’s decision. The appellant contends that Mighty Earthworks is not in compliance with the approved Minor Special Review because:
a. They have more than one worker (home occupations are allowed no more than one full-time equivalent worker who is a non-family member).
b. Business operations are conducted on Saturdays.
c. Cargo trailer is parked outside of designated business storage area.
d. Gate required by approval to provide screening from public road is often left open.
e. Power washing of equipment is noisy.
f. Business is not compatible at this location.
The appeal also requests to waive the $200 application fee by the Commissioners.
Staff has made every attempt to verify that business owner is operating within substantial compliance of the conditions of approval. It is not reasonable for staff to provide perpetual surveillance of the property; therefore, staff has worked with Mr. Kahle to ensure the facilities called for in the conditions of approval are proper. These facilities include the designated parking area and the screening gate.
Regarding the specific points raised in the appeal, the Director offers the following responses:
a. More than one worker: The code limitation specifies “no more than one full-time equivalent” which can be made up of multiple part-time workers.
b. Business open on Saturdays: Neither the Code nor the conditions of approval specify limitations to the hours of operation for the business.
c. Cargo trailer parked outside of business area: Parking for vehicles used for personal purposes are not restricted.
d. Screening gate is often left open: The gate provides primary access to the property. It is reasonable to assume that it will be open sometimes and closed sometimes.
e. Power washing of equipment is noisy: Neither the Code nor the conditions of approval specify limitations on noise generating activities. The County’s noise ordinance does apply.
f. The business use is incompatible at this location: The Board of County Commissioners considered compatibility with the neighborhood at the time the Minor Special Review approval was granted and found the Mighty Earthworks operations as the size and scale approved is compatible.
The Director finds that expending additional staff time to pursue correction of occasional, minor deviations that do not impact public health and safety is not warranted.
Ms. Hoffman briefly reviewed the application, as outlined above.
The applicant, Vonne Torrez, explained that her daughter, Debbie Torrez, is unable to attend the hearing so she would be speaking on both their behalves. Ms. Torrez proceeded to read a letter aloud expressing her concerns and personal feelings towards the Kahle’s and other neighbors. She stated her belief that the Minor Special Review conditions were not being met and requested the Board terminate the business from operating on the property.
Chair Gaiter opened the hearing to public comment and Ed Kahle addressed the Board with evidence showing the storage on their property is hardly visible to passing cars.
Some discussion ensued regarding the definition of screening as stated in the Land Use Code.
Carrie Kahle stated that the gate is often left open due to the kids activities which keep them coming and going frequently. She also explained that the gate is heavy and difficult for her to move by herself.
Jeanne Ann Steffens, Philip Bearly, Rocky Hedger, Royce Hopkins, Kathryn and John Horn, and David Siemens, surrounding neighbors, all spoke in support of the Kahle’s and supported Ms. Hoffman’s recommendation to deny the appeal.
Chair Gaiter closed public comment and Ms. Torrez addressed the Board with a brief rebuttal. She presented several photos taken of the Kahle’s property displaying some minor violations of the conditions of the Minor Special Review. She also read aloud a letter from Debbie Torrez stressing her opinion that the Kahle’s are not in compliance with the Minor Special Review.
Chair Gaiter clarified with Ms. Hoffman that the appeal is addressing that staff has extensively reviewed the conditions of the Minor Special Review, finding the Kahle’s to be in substantial compliance and, therefore, does not warrant further expenditure of staff time.
All of the Commissioners stated their agreement with Ms. Hoffman’s recommendation to deny the appeal.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners deny the fee waiver appeal and deny the Torrez Appeal and uphold the Director’s determination that the excavation business being operated at 792 42nd Street SW, Loveland, is in substantial compliance with the Mighty Earthworks Minor Special Review approved by the Board of County Commissioners on July 11, 2011, and does not warrant further expenditure of staff time for enforcement at this time.
Motion carried 3-0.
There being no further business, the hearing adjourned at 4:45 p.m.
TUESDAY, FEBRUARY 14, 2012
The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Deni LaRue, Donna Hart, and Diane Tokarz, Commissioner’s Office; Joni Friedman, and Kathy Dotson, Workforce Center; Scott McDaniel, The Ranch; and Dana Bouchard, Deputy Clerk.
Chair Gaiter opened the hearing with the Pledge of Allegiance.
Chair Gaiter requested Commissioner Donnelly introduce the 2012 Miss Loveland Valentine, Mary Askham and her chaperone, Norma Jean Goodheart. Ms. Askham briefly spoke about the Valentine Remailing Program in Loveland which distributes thousands of Valentines. She also gave a short speech on the City of Loveland.
1. PUBLIC COMMENT: Mel Hilgenberg mentioned some events coming up in the county and briefly spoke regarding some current issues pertaining to county business.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 6, 2012:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of February 6, 2012.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 20, 2012: 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:
PETITIONS FOR ABATEMENTS: As recommended by the Larimer County Assessor, the following petitions for abatement are approved: Ptarmigan Acquisition, LLC, Arbor Plaza, LLC, and Socrates G Sclavenitis.
02142012A001 AGREEMENT FOR TRASH, RECYCLE, AND PORTABLE RESTROOM SERVICE FOR THE RANCH BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GALLEGOS SANITATION INCORPORATED
02142012P001 ADMINISTRATION POLICY AND PROCEDURE 100.18A: LARIMER COUNTY SOCIAL MEDIA POLICY
02142012R001 RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE
MISCELLANEOUS: Stipulation as to tax year 2011 value – NMC Cottonwood, LLC/ Shane Tower, LLC; Stipulation as to tax year 2011 value – G&I VI Promenade, LLC; Stipulation as to tax year 2011 value – Front Range Retail Company, LLC.
LIQUOR LICENSES: The following liquor licenses were approved and/or issued: Carter Lake Marina, Inc – 3.2% - Loveland; Vern’s Place – Beer and Wine – LaPorte.
5. FUNDING FOR ECONOMIC DEVELOPMENT INVESTMENT PROPOSAL: Ms. Friedman and Ms. Dotson briefly reviewed the economic development programs they are seeking funding for and provided examples of return on investment. They requested the Board amend the 2012 county budget for the Workforce Center by $59,000 to support the activities discussed.
Commissioner Johnson stated his support for the Workforce Summit, but that he did not see enough value in the other proposals to justify the cost.
Commissioner Donnelly stated his support of the programs and the value they would add to the community.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve $5,000 to sponsor the Workforce Summit held on February 22, 2012.
Motion carried 3-0.
M O T I O N
Commissioner Donnelly moved that the board of County Commissioners approve the allocation of $54,000 to support economic development activities as outlined in the proposal.
Motion carried 2-1, Commissioner Johnson dissenting.
6. BOARDS OF COMMISSIONS APPOINTMENTS: Ms. Tokarz presented the following recommendations for appointments to Boards and Commissions:
Agricultural Advisory Board: Mike Salaz appointed for a 3-year term beginning February 14, 2012, and expiring November 30, 2013.
Board of Adjustment: Tom Peterson appointed for a 2-year term beginning February 14, 2012, and expiring June 30, 2014. James Pisula appointed for a 3-year term beginning February 14, 2012, and expiring June 30, 2015.
GID#17 Country Meadows: Jeff Greene and Ric Mendoza appointed for a 4-year tern beginning February 14, 2012, and expiring November 30, 2015.
PID#50 Clydesdale Park: Herbert Cantor and Scott Mcdonald appointed for a 4-year term beginning February 14, 2012, and expiring November 30, 2015. Frank Moore appointed for a 2-year term beginning February 14, 2012, and expiring November 30, 2013.
PID#51 Clydesdale Estates: Barbara Bozdech and James Lowham appointed for a 4-year term beginning February 14, 2012, and expiring November 30, 2015. Dan Robinson appointed for a 2-year term beginning February 14, 2012, and expiring November 30, 2013.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the recommended appointments to Larimer County boards and commissions, as listed above.
Motion carried 3-0.
7. COUNTY MANAGER WORKSESSION: Mr. Lancaster addressed a letter to be sent to Senator Bennet regarding the continuation of the Production Tax Credit (PTC) for wind energy in Colorado and Larimer County.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners send the letter on the continuation of the Production Tax Credit (PTC) for wind energy to their congressional delegation.
Motion carried 3-0.
8. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities at events during the past week.
9. LEGAL MATTERS: There were no legal matters to discuss.
The meeting ended at 10:00 a.m.
LEW GAITER, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Dana Bouchard, Deputy Clerk