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: Charlie Johnson and Traci Shambo, Engineering Department; Rob Helmick and Eric Fried, Planning Department; David Ayraud, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.
Chair Gaiter opened the hearing with the Pledge of Allegiance.
Commissioner Donnelly requested that item #3, “Brinks Right-of-Way Vacation,” file #11-S3070, be removed from the consent agenda for discussion.
Chair Gaiter explained that the following items were on the consent agenda, and therefore, would not be discussed unless requested by the Board, staff, or any member of the audience:
1. PARKER 2ND SUBDIVISION – REVISED FILE #11-S3041: This is a request for approval of a preliminary and final plat of a subdivision of 32.4-acres into three varying sized lots. The proposed lots will be 2.9, 4.8, and 19.2-acres, with a 5.5-acre outlot.
The original three lot subdivision was presented to the Larimer County Planning Commission at their January 18, 2012, meeting and to the Board of County Commissioners at their February 13, 2012, meeting. The request was on the consent agenda and no issues were raised, so it was approved with a unanimous vote. The application was submitted as a combined application for preliminary and final plat approval. The final plat met the requirements of the Land Use Code and staff found the plat adequate for approval at the time subject to finalization of the plat and documents.
Since the time of the original approval, certain issues have arisen which appear to be irresolvable in the short term. Specifically, a tax lien must be satisfied prior to completing any re-subdivision or platting. The subdivision was originally proposed by the estate and other heirs, whom are now interested in closing their interests in the estate. Due to this complication, the applicants are requesting the Board of County Commissioners take two actions, one, to approve a revised subdivision, which addressed all of the estate property and, two, to revoke the amended plat approval. There is no change in the number of buildable lots or any of the analysis of review criteria or conclusions. Because of the unchanged circumstances, staff has chosen not to have the Larimer County Planning Commission review or comment on this change.
Staff recommends approval of the revisions to 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 Lots 1 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.
7. Outlot A shall be noted as not being eligible for any new residential building permits and may be owned separately or in conjunction with any adjacent property.
Staff and the Larimer County Planning Commission recommend Approval of the Parker 2nd Subdivision Final Plat, file #11-S3041, subject to the conditions as they appear above, in addition to the following: The plat and supporting documents must be completed prior to presenting them for Board of County Commissioners approval and signature.
2. PARKER MRD TRACT 1 & B AMENDED PLAT – REVOCATION OF APPROVAL, FILE #11-S3070: This is a request to revoke the approval of the amended plat of the Parker Minor Residential Development (MRD) adjusting the boundary between Tracts A & B to increase the size of Tract B by approximately 5-acres, resulting in lots of approximately 14 and 26-acres.
The Amended Plat of the Parker MRD was approved on February 13, 2012; however, the original MRD was approved by the County in 1995, at which time two tracts were created, one of approximately 9.5-acres and one of approximately 32-acres. The larger parcel, with the exception of approximately 5-acres, is situated to the south and west of the Home Supply Ditch and contains two residences. The smaller 9.5-acre parcel is situated in the northeast part of the original parcel and fronts CR 21. A residence was constructed on this parcel after the approval of the original MRD. The Parkers have since passed away and, as a part of their estate settlement, 5-acres of the original 32 parcel, situated north of the Home Supply Ditch, are proposed to be added to the 9.5-acre parcel. The results of the proposed amendment would be two lots, the same as the original MRD, with one lot of 14.5-acres located entirely north of the ditch and a second lot of 27-acres located entirely south of the ditch.
Since the time of the original approval, certain issues have arisen which appear to be irresolvable in the short term. Specifically, a tax lien must be satisfied prior to the completion of any re-subdivision or platting. The subdivision was originally proposed by the estate and other heirs are now interested in closing their interests therein. Due to this complication, the applicants are requesting the Board of County Commissioners take two actions, one to approve a revised subdivision, which addressed all of the estate property and, two to revoke the amended plat approval. There is no change in the number of buildable lots or any of the analysis of review criteria or conclusions.
Although the Parker MRD Tract A & B Amended Plat met the code requirements and standards of review at the time of approval, it is clear that due to the issues associated with the tax lien a final plat cannot be filed. If and when the liens are satisfied, the owners may return to the county to revisit the application and pursue the amended plat again. Therefore, staff recommends revocation of the approval of the Parker MRD Tracts A & B Amended Plat, file #11-S3070.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as published above.
Motion carried 3-0.
3. BRINKS RIGHT-OF-WAY VACATION FILE #12-S3106: This is a request to vacate the County Road 21F right-of-way west of Overland Trail. This segment of County Road 21F was once the original alignment of Overland Trail, but a new alignment was built when the bridge and road across the Poudre River were flooded and destroyed.
Since that time when the road was re-aligned, the right-of-way has served three residences along the southern edge of the Poudre River. One other property (Lions Park) is partially situated on the southern side of the river and is owned by Colorado Division of Parks and Wildlife, and leased by Larimer County. This property is only accessible from the subject right-of-way, although it also requires access across the western-most lot, for which there is no access except for the City of Greeley.
The applicant has many reasons for wanting to vacate the right-of-way, including:
· Retaining Overland Trail address,
· Public parking in the right-of-way and trespassing to access the Poudre River
· Maintenance of current road has destroyed trees plant by the owner
1. Prior to the recordation of the Findings and Resolutions for the vacation of the County Road 21F, the applicant shall provide deeds transferring ownership of the portions of the right-of-way to respective adjacent property owners.
2. Prior to the recordation of the Findings and Resolutions for the vacation of the County Road 21F, the applicant shall provide a 60-foot wide access and utility easement encompassing the existing access road. Said easement will extend from Overland Trail to the property at the west end of the existing County Road 21F right-of-way.
3. Said access easement in condition 2 shall allow access by the existing land owners, adjacent to the existing right-of-way, as well as to those agencies and utilities that access the Lions Park area south of the Poudre River to maintain their facilities as they exist on August 13, 2012.
Chair Gaiter opened the hearing to the applicant and Rose Brinks addressed the Board. Ms. Brinks stated that she has been attempting to vacate the existing right-of-way since 2008 so that she may retain her current Overland Trail address. Ms. Brinks also noted that the existing right-of-way ends 25-feet south of her northern property line; however, she has always granted access to her northern neighbors and she will continue to provide access at the current level.
Chair Gaiter opened the hearing to public comment.
Dan Moore, City of Greeley, addressed the Board and stated that a boundary line adjustment performed and recorded in February of this year shows the right-of-way continuing through Ms. Brinks’ property from lot line to lot line. Mr. Moore also stated that the City of Greeley relies on County Road 21F to access their easements in the Lyons Park area. Furthermore, the City of Greeley, in conjunction with the City of Fort Collins and Larimer County, is planning to construct a new water pipeline in Lyons Park and had planned to utilize County Road 21F to access the east bank of the Poudre River.
Mr. Johnson noted that the right-of-way was retained by the county after the construction of the new Overland Trail alignment to access property leased by the county from the Department of Parks and Wildlife. He also expressed great concern regarding the discrepancy between documents illustrating the length of the right-of-way.
Brian Ocepek, Colorado Department of Parks and Wildlife, addressed the board and noted that there was opposition to the proposed vacation as long as the state may access their Lyons Park property. Mr. Ocepek stated that the state currently has verbal permission to access their property through Ms. Brinks’ property and the Grant family (owners of the property north of Ms. Brinks); however, the state would prefer to have documented access.
Peggy Simpson addressed the Board and noted that the original alignment of Overland Trail did curve sharply to the west before reaching the northern board of the Brinks property; therefore, the current right-of-way ends prior to reaching the Grant’s property.
Ms. Brinks readdressed the Board and stated that she was comfortable granting access easements to the City of Greeley, the Department of Parks and Wildlife, etcetera, at their current level of access. However, she voiced great concern regarding the use of the easement for construction traffic and equipment.
Chair Gaiter closed public comment and much discussion ensued between the Board, staff, and Mr. Moore.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the Brinks Right-of-Way Vacation; file #12-S3106, of a portion of County Road 21F, subject to the conditions outlined above.
Motion carried 3-0.
4. NASH VIOLATION PUBLIC MEETING FILE #08-CC0167: The subject of this code compliance issue is the outdoor storage of junk and debris, which are not permitted in the FA-1 (Farming) zoning district. The Larimer County Land Use Code states, only vehicles, not considered junk vehicles, that are owned by the occupant or owner of a single-family dwelling may be stored outside on the same lot as the dwelling.
The subject parcel is 4.55-acres, located on the north side of County Road 12, about one mile west of County Road 23, two miles east of Carter Lake, between Loveland and Berthoud. The property is zoned FA1-Farming. Surrounding uses are predominantly residential and agricultural, with parcel sizes ranging from about 5-acres up to more than 35-acres.
In July 2008, Code Compliance staff received a complaint from a nearby landowner that “old buses, cars, equipment and miscellaneous ‘junk’ fill the Nash property.” At that time, a code compliance file was initiated and a letter was sent to the Nashes asking them to clean up the property. After an exchange of phone calls and one site visit, little follow-up occurred until a neighbor called in September 2010, to question the slow pace of the site cleanup.
Since then, Code Compliance Officer Fried has been to the site about a dozen times, talked to the owners in person and by phone, and also sent a second compliance letter. Although Mr. Nash has removed several vehicles from the property, it remains out of compliance with the county Land Use Code. Mr. Nash has asked for additional time to comply but has failed to meet agreed-upon deadlines. It appears vehicles are being moved around, but the number is largely unchanged over the last six months.
On, or around, May 2012, Mr. Nash moved a new storage building onto the site. The structure measures 16-feet by 22-feet, or about 350-square-feet in area. However, code states that detached accessory storage buildings that exceed 120-square-feet require a building permit and there is no permit of record for this building. Current code also states that storage buildings must also meet required setbacks to property lines, which the storage building does not.
A site visit on July 27, 2012, revealed a current inventory of 15 vehicles, of which only three are operable and currently licensed to the Nashes, 1 vehicle licensed to the Nashes which has been up on jacks for almost two years, one licensed to someone who does not own or occupy the property and has also been up on jacks for almost a year, a school bus with expired registration, a boat trailer with expired registration, 1 trailer owned by someone who is not an owner or occupant of the property, 5 trailers with no license plates, 1 Ford truck with no license plate, and 1 collector car body with no plates, plus motors, car parts, metal pipes, wooden pallets, sheet metal and miscellaneous junk and debris, as well as tractors and farm equipment exempt from outdoor storage regulations.
Staff recommends that the Board of County Commissioners set a deadline for the property owner to bring the property into compliance with County regulations and authorize legal action if the deadline set by the Commissioners is not met.
Chair Gaiter opened the hearing to the property owner and Mark Nash addressed the Board. Mr. Nash stated that he has been working to clean up the property and all of the vehicles are operable, except for one that belongs to a neighbor. He explained that he has been out of a job and does not have the means necessary to license all of the vehicles and trailers.
The Board recognized Mr. Nash’s hardship but also noted that the compliance issues have spanned more than four years.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners set a deadline of sixty (60) days to bring the property into compliance with the Larimer County Land Use Code, and authorize legal action if the deadline is not met. Compliance entails removing all junk and debris, including unlicensed or inoperable vehicles, moving the vehicles inside a structure, or making all vehicles operable and currently licensed to the property owners, as well as either removing the storage container or obtaining a proper building permit.
Motion carried 3-0.
The hearing adjourned at 4:45 p.m.
TUESDAY, AUGUST 14, 2012
The Board of County Commissioners met at 9:00 a.m. with Linda Hoffman, County Manager. Chair Pro-Tem Johnson presided and Commissioner Donnelly was present. Also present were: Donna Hart, and Deni LaRue, Commissioners’ Office; Dr. Adrienne LeBailly, and Averil Strand, Health Department; Brenda Gimeson, Planning Department; Joe Ferrando, and Nancy Griffith-Conklin, Community Corrections Department; Amy Dyer, and Bridget Paris, Human Resources Department; Bob Herrfeldt, Fairgrounds and Event Center; Linda Connors, County Attorney’s Office; and Gael Cookman, Deputy Clerk.
Chair Pro-Tem Johnson opened the hearing with the Pledge of Allegiance.
1. PUBLIC COMMENT: Mel Hilgenberg again commended the Board on their fiscal responsibilities regarding the county budget, and reiterated his opinion that the county should implement an internet sales tax. Mr. Hilgenberg also urged the commissioners to seriously consider placing a referendum on the ballot in the hopes of implementing a county sales tax to be used for the jail.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 6, 2012 :
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of August 6, 2012.
Motion carried 2-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 20, 2012: Ms. Hart reviewed the upcoming schedule with the Board.
4. CONSENT AGENDA:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as listed below:
MISCELLANEOUS: Workforce Investment Act (WIA) PY11 Closeout Package; Recommendation for Mid-Term Appointment of Michael Wallace to PID #46 Koral Heights, beginning August 14, 2012, and expiring November 30, 2014.
Motion carried 2-0.
5. RECOGNITION OF AVERIL STRAND FOR RECEIVING THE WOMEN OF DISTINCTION AWARD: Dr. LeBailly recognized Ms. Strand for her 42 years of service with Larimer County, and for recently being awarded as a Woman of Distinction by the Northern Colorado Business Report, for her strong leadership within the Health Department. The Board congratulated Ms. Strand on her achievements, and thanked her for her dedication and years of service.
6. EXTENSION OF THE WILD RURAL LAND USE PLAN PRELIMINARY APPROVAL: Ms. Gimeson explained that a previously approved Findings and Resolution was recorded with a date error in it; she requested the Board’s approval to re-record a corrected Findings and Resolution.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve correcting the scriveners’ error to the date listed on page 2 in the Findings and Resolution recorded on October 8, 2009, at Reception #20090068717, so the Findings and Resolution can be re-recorded with the correct date.
Motion carried 2-0.
7. REQUEST TO CONVERT 4.5 LIMITED TERM POSITIONS TO REGULAR STATUS: Mr. Ferrando requested approval to convert converting 4.5 Limited Term Positions to Regular FTE’s, noting that they have the funding available within their existing budget for all positions.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve converting 4.5 Limited Term Positions to Regular FTE’s, effective August 14, 2012.
Motion carried 2-0.
8. WORKSESSION: Ms. Hoffmann introduced Sherry Wagner, an applicant who for a private land special events permit who has missed the 60-day window to apply and is requesting a waiver of that requirement, as her event is planned to begin on September 8, 2012. The Board discussed the event with Ms. Wagner and agreed to waive the 60-day requirement for this event in Loveland.
9. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their events during the past week.
10. LEGAL MATTERS: Ms. Connors and Ms. Cookman updated the Board on the recent inspection of the Plaza Hotel, noting that it passed the inspection; however, there are some indications that the applicant is operating more like a tavern, than a Hotel and Restaurant. Inspector Jim Alderden, State Liquor Enforcement Division, has requested a 12 month breakdown of food and alcohol sales, and Ms. Cookman will update the Board as more information becomes available.
The meeting recessed at 10:10 a.m.
LIQUOR LICENSE HEARING
The Board of County Commissioners reconvened at met at 2:30 p.m. with Linda Connors, County Attorney. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Assefa Gebre-Amlak, and Joseph Gebre-Amlak, applicants; and Gael Cookman, Deputy Clerk.
Ms. Connors reviewed the contents of the application, noting for the record that it has been advertised in the newspaper and the premises have been posted. Ms. Connors stated that the needs and desires have already been established by the neighborhood, so the petitioning process has been waived.
Ms. Cookman put Mr. Gebre-Amlak under oath and he explained that they have purchased a building two-doors down in order to expand their business and provide more selection for their customers at a better price.
Ms. Connors noted for the record that there was no one in the audience in opposition to the change of location.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the change of location for Branding Iron Liquors from 3212 W County Road 54G, to 3204 W County Road 54G.
Motion carried 3-0.
The hearing adjourned at 2:45 p.m.
LEW GAITER III, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk