MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, APRIL 22, 2013
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Rob Helmick, Planning Department; Clint Jones, Engineering Department; Jeannine Haag, County Attorney; and Melissa Lohry, Deputy Clerk.
Chair Johnson opened the hearing with the Pledge of Allegiance and explained that the Poudre Valley School District Fee would be removed from the consent agenda for further discussion. However, the second item, Graham Appeal, would remain on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:
2. GRAHAM APPEAL, FILE #13-PSP0044 : This is an appeal to the requirements of Section 4.3.10.H of the Larimer County Land Use Code request is to allow the use of 1325 square feet in an existing structure for an accessory living unit and to allow an addition of 345-square-feet for a total of 1660-square-feet on a temporary basis.
The applicants propose to utilize an existing apartment that was constructed without a permit in the last 10-15 years in a barn constructed in the late 1970’s. The previous owner apparently used this for help on the site. In the past, the property was a non-conforming equestrian facility and most recently was utilized by XY Inc for their equine and bovine embryo transplant program. The applicants proposed to remodel and permit this as their residence on site and add square footage to the residence to accommodate an aging parent. The total area would be 1325-square-feet of dwelling and 345-square-feet of addition, for a total of 1660-square-feet. There is no other residence on the property and, until one is proposed, this structure would function as the principal residence. When a new home is proposed, the applicants propose this dwelling will become an detached accessory dwelling on the parcel. The applicants would also convert the addition to office space for the barn and then use only the 1325-square-feet as the accessory living unit.
The ALA regulations allow an accessory unit to be up to 800-square-feet, or 40%, of the main house square footage exclusive of basements and garages, not to exceed 800-square-feet The main house would be constructed to be well over 2000-square-feet so 800-square-feet would be allowed. This request is being proposed as a prospective approval, if the property owner takes no action to build, a new principal residence on the site then there would be the house in the barn on the site.
The Development Services Team finds that the proposed appeals, allowing addition square footage to an Accessory Living Area, and allowing the existing square footage to be utilized will:
· Not subvert the purpose of the standard or requirement.
· Not be detrimental to the public health, safety or property values in the neighborhood.
· Be the minimum action necessary.
· Not result in increased costs to the general public.
· Be consistent with the intent and purpose of the Code.
The Development Services Team recommends approval of the Graham Appeal, file #13-PSP0044, subject to the following conditions:
1. The approval is to allow the owners to occupy the existing apartment in the barn as the principal residence on the site. This will convert to an accessory dwelling at the time a new principal residence is permitted.
2. The 345-square-feet bedroom area shall be walled off and converted to office use at the time of conversion to the accessory living area.
3. Obtain all necessary permits and permissions prior to the use commencing.
4. Payment of all required fees including TCEF.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as presented above.
Motion carried 3-0.
1. POUDRE VALLEY SCHOOL DISTRICT FEE, FILE # 13-G0246 (TABLED FROM APRIL 1, 2013): This is the biennial adoption of revised fee in lieu of land dedication amounts for the Poudre School District. The Larimer County Land Use Code provides for the dedication of school sites as a part of any land division, Subdivision, Conservation Development or Planned Land Division. The provisions of the code are taken directly from the State Statues, which authorize the provision of school sites as a part of the subdivision statues.
In 1996, the Board of County Commissioners adopted the current Cash in Lieu of Dedication formula that is in use today. There are a number of variables which affect the dollar amount of this fee. The variables are the size of school site by type, the dwelling unit generation rate for students and value of the land per acre. The fees and the process went through an extensive public process ultimately were adopted by the Board of County Commissioners.
The fees have been updated, in 2006 and 2011. At that time the fees were increased based upon the formula created in 1996. In 2006 both the Thompson and Poudre School districts proposed an automatic update. This provision was not supported by the staff or the Board of County Commissioners, thus any change in the fee requires Board of County Commissioners action.
This request is a result of the Poudre district doing their biannual fee evaluations. In doing this they have discovered the land values have increased which therefore increases the amount of the fee.
The land values used in the formula have increase from a values of $89,000 per acre to $95,000 per acre. Other elements of the formula remain unchanged which results in an increase in the fee amount currently $1,600 to $1,710 per single family unit and $855 for multi-family units.
Staff recommends the Board of County Commissioners approve the revisions to the fee in lieu of dedication for the Poudre School district as found on the attached Exhibit A for the district. To be implemented on July 1, 2013, this is approximately 90-days from the date of approval.
Chair Johnson opened the hearing to the applicant and Ed Holder, Poudre Valley School District, addressed the Board and provided detailed information regarding the amount of money collected from the county via fee in lieu of dedication and spent by the district. Mr. Holder also explained that most of the issues raised during the land use hearing on April 1, 2013, typically only apply within cities and towns.
Chair Johnson opened the hearing to the public and Eric Sutherland addressed the Board and discussed payment in lieu of dedication versus tax increment financing to entice development.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the revisions to the fee in lieu of dedication for Poudre School District to be implemented on July 1, 2013, approximately 90 days from the date of approval.
There being no further business, the Board adjourned at 3:30 p.m.
TUESDAY, APRIL 23, 2013
The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Deni LaRue, Commissioners Office; Martina Wilkinson and Rusty McDaniel, Engineering Department; and Melissa Lohry, Deputy Clerk.
Chair Johnson opened the meeting with the Pledge of Allegiance.
1. PUBLIC COMMENT: Eric Sutherland discussed tax increment financing as it relates to the City of Fort Collins and Larimer County in regards to the Foothills Mall project.
2. APPROVAL OF MINUTES FOR THE WEEK OF APRIL 15, 2013:
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of April 15, 2013.
Motion carried 3-0.
3. CONSENT AGENDA:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as presented below.
Motion carried 3-0.
04232013R001 FINDINGS AND RESOLUTION APPROVING THE DAVIS CONSERVATION DEVELOPMENT PRELIMINARY PLAT MODIFICATION TO CONDITIONS OF APPROVAL
04232013R002 LOT CONSOLIDATION APPROVING THE CONSOLIDATION OF LOT 30 OF GUTSCHER ACRES
LIQUOR LICENSES: The following licenses were approved and issued: Fort Collins Elks Lodge BPOE 804 – Special Event 6% – Fort Collins.
4. UPDATE ON ROCKY MOUNTAIN NATIONAL PARK WITH SPRING BRIEFING: This item was postponed due to poor weather and driving conditions. This item will be heard at a later date.
5. LETTERS OF COMMITMENT/SUPPORT FOR FEDERAL LANDS ACCESS AND CDOT RAMP ROADWAY FUNDING SUBMITTALS: Ms. Wilkinson and Mr. McDaniel addressed the Board to request support for a number of projects that meet requirements for grant money offered by the Colorado Department of Transportation. The applications were broken into two categories, Federal Lands Access Program and CDOT RAMP.
The Federal Lands Access Program included applications for pavement and additional work on Dunraven/Glad Road and Manhattan Road. Both applications required support from the National Forest Service and a 17.21% local match.
The proposed CDOT RAMP applications include projects that effect state highway traffic or access. The proposed projects require a 20% local match and include improvements to State Highway 14 and Greenfields Frontage Road, signalization at State Highway 1 and Douglas Road, signalization at State Highway 14 and County Road 5, the addition of an eastbound turn lane at State Highway 34 and County Road 27.
Mr. McDaniel also requested support for a joint application between the City of Fort Collins and the Colorado Department of Transportation for a project at US 287 and State Highway 1. This project would not require any local match from the county.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the Letters of Support for Federal Lands Access and CDOT RAMP Roadway Funding.
Motion carried 3-0.
6. COUNTY MANAGER WORKSESSION: Ms. Hoffmann reminded the Board and audience about the Innovation Awards presentations to the Commissioners this afternoon. She also discussed her disappointment with the City of Fort Collins’ proposal for the Foothills Mall project.
7. COMMISSIONER ACTIVITY REPORTS: The Board detailed their attendance at events during the previous week.
8. LEGAL MATTERS: There were no legal matters to discuss.
There being no further business, the Board adjourned at 10:00 a.m.
STEVE JOHSNON, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Melissa E. Lohry, Deputy Clerk