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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, August 26, 2013

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principle Planner.  Chair Johnson presided, and Commissioner Donnelly was present.  Also present were:  Terry Gilbert, and Michael Whitley, Planning Department; Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Tony Brooks, Code Compliance Department; Jeannine Haag, County Attorney, and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened he hearing with the Pledge of Allegiance.  Mr. Lafferty then requested that item number 2, regarding the Lodgepole Investments Annexation Appeal, also be moved to the consent agenda. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners move item number 2, the Lodgepole Investments Annexation Appeal, to the consent agenda.

 

Motion carried 2-0. 

 

Chair Johnson then noted that items 1 and 2, were on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience.  Nobody wished to remove items from consent.

 

1.    SCHOOLEY MINOR LAND DIVISION LOT C LOT SIZE APPEAL, FILE #13-G0250: this is a request for approval of a lot size appeal to allow a 2.096-acre parcel in the FA-1- Farming-zoning district where the minimum lot size is 2.3 acres.

 

The following Larimer County agency stated that they have no objections to this proposal:

 

·   The Development Services Team

The subject property is a 2.3-acre lot that contains a single-family home constructed in 1908.  The property is zoned FA-1 which requires a minimum lot size of 2.3 acres.  The property directly to the north is approximately 4.39 acres and is also zoned FA-1.   The property to the north contains a single-family home constructed in 1970 and a number of outbuildings.

 

The subject property is Lot C of the Schooley Minor Land Division and the property to the north is Lot B.   When the Schooley Minor Land Division was approved in 2002, the intention was to establish the property boundary between the lots so that the driveway that provides access to a detached workshop on Lot B would be located on Lot B.  It was later discovered that the majority of the driveway is on Lot C.

 

The applicant and adjacent property owner would like to adjust the property boundary so that the driveway is fully contained on Lot B.  The preferred location of the new lot line (illustrated on an attachment to this report) would result in Lot C being 2.096 acres which is smaller than the required minimum lot size of 2.3 acres in the FA-1 – Farming zoning district. 

The applicant was given the options of applying for the proposed lot size appeal ahead of an application for an Amended Plat or concurrently with an Amended Plat application.  The applicant chose to seek approval of the appeal prior to making an Amended Plat application.

 

The Development Services Team recommends approval of the Schooley MLD Lot C Lot Size Appeal, File# 13-G0250, subject to the following conditions:

 

1.   The lot size being proposed is consistent with the pattern of existing lots in the neighborhood.

2.   The proposed lot has sufficient area to support the intended use of the lot.

3.   There are physical features of the site or other special circumstances that support the proposed lot size.

4.   There are physical features of the site or other special circumstances that support the proposed lot size.

The Development Services Team finds that the proposed lot size appeal meets the review criteria found in Section 22.2.4 (Review criteria for appeals to deviate from minimum lot size requirements) of the Land Use Code.

  

2.   LODGEPOLE INVESTMENTS ANNEXATION APPEAL, FILE #13-G0253: This is a request to have the Board of County Commissioners accept the determination of the City of Fort Collins to decline immediate annexation and allow a Special Review application to be processed in the County.

Lodgepole Investments, LLC owns the two parcels at 7795 & 7801 SW Frontage Road, Fort Collins.  The properties are zoned AP – Airport and are in the Fort Collins Growth Management Area.

 

In April of 2011, County Planning staff members received a Special Event Permit referral for an event proposed on the northern parcel.  Planning staff did not have a concern about the Special Event but discovered that the retail businesses on the two parcels did not have the required zoning approval.  The southern parcel contained two principal buildings – one retail and one residential.  There are also legal equestrian operations on both parcels. 

 

In the AP – Airport zoning district, Special Review approval is required for all commercial uses and is also required to have more than one principal building per parcel.  At the time, both businesses included outdoor display and sales which were not allowed in the Airport zoning district.  A Land Use Code amendment in 2012 allowed outdoor display and sales through the Special Review process.

 

At a hearing on September 19, 2011, the Board of County Commissioners found that the sites were in violation of Section 4.1.21 (AP – Airport zoning allowed uses and standards) of the Land Use Code and set a deadline of 90 days to submit a complete Special Review application.

 

The northern parcel is contiguous to City of Fort Collins municipal limits.  Section 4.2.1.D of the Land Use Code requires that the property owner seek annexation to the City of Fort Collins rather than submit a Special Review application to Larimer County.   Fort Collins will not annex the properties because their Land Use Code does not allow for the annexation of illegal uses.

 

At the October 25, 2011, Administrative Matters meeting, Planning staff discussed the annexation issue with the Board of County Commissioners. The Board determined that the 90 day deadline would not begin until the applicant had the ability to submit a Special Review application.  Larimer County Planning staff has been working with the property owner and Fort Collins staff since that time, mostly on issues related to parameters for outdoor display and sales and conditions regarding annexation.

 

The Fort Collins Director of Planning, Development and Transportation has provided a letter authorizing Larimer County to accept a Special Review application, subject to two conditions, rather than immediately annex the properties to the City of Fort Collins.  Fort Collins requests that the property owner submit an Annexation Agreement concurrent with the Special Review application and that the property owner to agree to petition the City of Fort Collins for annexation of the two parcels within 90 days of Special Review approval. 

 

The Development Services Team finds that the appeal request is anticipated by, and consistent with, the Land Use Code and will not have any adverse or negative impacts to the public. 

 

The Development Services Team recommends approval of the Lodgepole Investments Annexation Appeal, File# 13-G0253, subject to the following conditions:

 

1.   The property owner shall submit a complete Special Review application no later than November 25, 2013.

 

2.   Concurrent with the Special Review application, the property owner shall sign and submit an Annexation Agreement to annex the property into the City of Fort Collins.

 

3.   The property owner shall petition the City of Fort Collins for annexation of the two parcels within 90 days of Special Review approval.

 

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as outlined above.

Motion carried 2-0.

 

3.    MORSE CODE COMPLIANCE, FILE #13-CC0109:  Staff is requesting direction from the Board of County Commissioners on enforcement action to be taken against a property owner operating an illegal concrete batch business on the subject property. The property owner is in alleged violation of:

• An illegal concrete batch business on subject property

• 4.2.2D2  Floodplain Overlay Zone District requirements

• International Residential Code Book Section R105 PERMITS

• Larimer County Sewage Disposal System Regulations

 

A complaint was forwarded to the Code Compliance Section by County Manager Linda Hoffmann on May 5, 2013.  The complainant was concerned about: (1) cleaning and dumping of concrete from mixers, which had broken over a berm, spilling into the ponds in the Simpsons Ponds State Wildlife Area; (2) oil spilling into the ground from the “used oil” containers. (3) an open pond/well on the west side of the property that appeared to have a six inch oil ring around it.

 

This property is zoned I-Industrial. Pursuant to Assessor records and a comparison of aerial photographs taken in 1981 and 1987, there were no structures on this property other than a mobile home, which was removed sometime around 1992.

 

• Pursuant to Building Department records, in 1997 a building permit application was submitted for a 2188 square foot office/shop.  The permit was voided prior to issuance as the parcel was located in a floodway and no flood review approval had been obtained. The structure was completed without a valid permit and without inspection approvals.

 

• Pursuant to Eric Tracy with the Engineering Department, this property was in the floodway in 1997.  There was no flood review board approval for this property.

 

•  Pursuant to the Department of Health & Environment, there are no permits of record or

   a sewage disposal system on the property.

 

• Pursuant to Rob Helmick, Planning Department, he found no files approving the current use on this property.

 

Code Compliance Officer Tony Brooks conducted a site inspection with Dave McCloskey and  Sydney Gindler, Department of Health & Environment, on May 9, 2013. The owner confirmed  he never obtained any approvals for the structures, sewage disposal system or business use on  the property.

 

Dave McCloskey reported he conducted a repeat inspection on May 15, 2013, and confirmed the wash down pond had been re-bermed at its south end so the seepage into the Simpson Pond to the south had been abated.  Rich Grossman is coordinating with the State Health Department on other solid and hazardous waste issues.

 

Staff is requesting direction from the Board of County Commissioners on enforcement action to be taken against a property owner operating an illegal concrete batch business on the subject property.

 

Mr. Brooks explained the alleged violation as outlined above.  Mr. Brooks also noted that the Loveland Fire Department met on-site and the only immediate issues that need to be addressed are undersized fire extinguishers and the gas meter in front of the location needs to be caged for safety. 

 

The property owner, Dennis Morse, explained that when they applied for the building permit back in 1997, they were told that a year later they would probably move out of the flood fringe.  However, the property was not re-mapped until 2006, and then it went the other way and put them totally within the flood plain. 

 

Rod Hart, the property owner’s engineer, suggested that they remove the bottom story of the two-story structure, so that the flow can run underneath in the event of a flood.

 

Chair Johnson opened up the hearing for public comment.  Frank Kauffman and Alan Rankin, adjoining neighbors, both supported the business operation at Mr. Morse’s location, and asked the Board to work with him to find a solution and bring him into compliance.

 

Chair Johnson closed public comment.

 

The applicant had nothing more to add.  The Board discussed FEMA regulations, and timing for the Flood Review Board to meet and review this item.

 

 

M O T I O N

 

Commissioner  Donnelly moved that the Board of County Commissioners set a deadline of February 28, 2014, for the property owner to apply to the Flood Review Board for approval.  If approved, a deadline of  June 1, 2014, be established for the owner to apply for Public Site Plan Approval. I further move to authorize legal action if the property is not in compliance by either deadline.

 

Motion carried 2-0. 

 

The hearing adjourned at  3:40 p.m.

 

 

TUESDAY, AUGUST 27, 2013

 

ADMINISTRATIVE  MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager.  Chair Johnson presided and Commissioners Donnelly and Gaiter were present.  Also present were: Linda Hoffman, Donna Hart, Suzanne Bassinger, and Deni LaRue, Commissioners’ Office; Cliff Johnson and Leah Johnson, Citizens; Greg Ketchum, Glenn Good, Gordan Thiedeau, Phyllis Kane, and Keith Smith, High Park Fire Long Term Recovery Group; Dick Jeffers, Poudre River Watershed Coalition; Justin Whitesell, Kevin Johnston and Bill Nelson, Sheriffs’ Department; Judy Calhoun, Larimer County Humane Society; Jeannine Haag, Bill Ressue, and David Ayraud, County Attorney’s Office, Denise Ruybal and Gael Cookman, Deputy Clerks.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.    APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 19, 2013:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of August 19, 2013.

 

Motion carried 3-0.

 

2.    REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 3, 2013: Ms. Hart reviewed the upcoming schedule with the Board

 

3.    CONSENT AGENDA:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as outlined below:

 

08272013A001           MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY SHERIFF AND JOHNSTOWN POICE DEPARTMENT

 

08272013A002           JACOB FAMILY SERVICES NYPUM PROGRAM (NATIONAL YOUTH PROJECT USING MINIBIKES) CORE/FAMILY PRESERVATION SERVICES PROGRAM FIXED FEE FOR SERVICE PURCHASE OF SERVICE CONTRACT FOR STATE FISCAL YEAR 2013-2014           

 

08272013A003           AGREEMENT TO PURCHASE SERVICES LIVE THE VICTORY, INC. DBA THE MATTHEWS HOUSE FAMILY ADVOCATE

 

08272013A004           AGREEMENT TO PURCHASE SERVICES TURNING POINT CENTER FOR FAMILY DEVELOPMENT, INC. KINSHIP CASE AIDE

 

08272013A005           AGREEMENT TO PURCHASE SERVICES JACOB FAMILY SERVICES, INC. COMMUNITY BASED VISITATION PROGRAM

 

08272013R001           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY STORM MOUNTAIN PUBLIC IMPROVEMENT DISTRICT NO. 55

 

MISCELLANEOUS:  Federal Bureau of Prison Business Proposal RFP 200-1204-WS (Continuation); Proposal to provide Residential Reentry Center and Home Detention Services for male and female Federal Offenders held under the authority of U.S. Statutes locates within the boundaries of Larimer or Weld County, Colorado.

 

LIQUOR LICENSES:  The following licenses were approved and issued:  Green Projects Inc – Special Event 6% - Fort Collins; Elks Lodge BPOE 804 – Special Event 6% - Fort Collins; Charco Broiler - Hotel/Restaurant – Fort Collins; JJ’s Liquor – Change of Corporate Structure – Fort Collins.

 

Motion carried 3-0.

 

4.         PROCLAMATION HONORING LOLA ANN JOHNSON: Commissioner Donnelly read a Proclamation  designating August 27, 2013, as Lola Ann Johnson Day in Larimer County.  Mrs. Johnson was a teacher, education activist and board member of the Thompson R2-J School District for many years. Cliff and Leah Johnson were present to accept the Proclamation.

 

M O T I O N

 

Commissioner Donnelly moved that August 27, 2013, be designed as Lola Ann Johnson Day in Larimer County.

 

Motion carried 3-0.

 

4.    RECOGNIZE AND THANK THE HIGH PARK FIRE LONG TERM RECOVERY GROUP:   Ms. Bassinger gave a brief introduction of the group’s function and accomplishments during the past year.  Glen Good stated that $500,000.00 had been raised and the group would be present for another year to assist the victims of the High Park Fire. Chair Johnson stated that he was both honored and grateful to have this group in Larimer County to assist the victims of the High Park Fire.

 

5.    LARIMER COUNTY FUNDING SUPPORT FOR THE NON-PROFIT COALITION FOR  THE POUDRE RIVER WATERSHED:   Ms. Bassinger and Dick Jeffers spoke on behalf of the proposed coalition. The coalition is asking Larimer County, the City of Greeley, and the City of Fort Collins for financial assistance for the first 2 years.  The anticipated annual operating cost would be $100,000.00.  Larimer County is being asked for $70,000.00, which is one third of the annual cost for 2 years.  By supporting the proposed coalition with these funds, Larimer County would become a member of the proposed coalition’s Board.

 

M O T I O N

 

Commissioner Gaiter moved to fund the proposed Poudre River Watershed Coalition with an amount not to exceed $70,000.00 for the 2 year period.  These funds will be paid from the Fire Reserve Fund.

 

Motion carried 3-0 .

 

6.    FIRST READING ON THE REGULATION OF OPEN BURNING IN UNINCORORATED LARIMER COUNTY:  Emergency Services Specialist Justin Whitesell read through the proposed changes to the Regulation. Some discussion ensued with clarification needed on definitions within the Regulation.  Undersheriff Nelson indicated that the second reading of the Regulation would be ready in two to three weeks.

 

7.    REPORT IN RESPONSE TO HUMANE SOCIETY REQUEST FOR A NEW SALES TAX FOR HUMANE SOCIETY FACILITY: Neil Gluckman explained that the necessary signatures required to have this put on the ballot was not reached.  Some logistics regarding the ownership and maintenance of the building needs to be worked out.  Once these logistics are worked out, the Commissioners will look at putting it on the ballot.

 

8.    WORKSESSION:     There were no worksession items to discuss.

 

9.         COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities during the previous week.

 

10.       LEGAL MATTERS: Jeannine Haag presented a Resolution to consider a Ballot Initiative to Build a County Facility in Loveland to Replace the Current County Office Building.  The tax approved from the November 4, 1997 election was dedicated to remodeling the existing building.  The ballot initiative will be asking voters to dedicate these funds for a new County building in Loveland.

 

M O T I O N

 

Commissioner Donnelley moved that the Board of County Commissioners approve the Resolution supporting the ballot language to build a new facility in Loveland to replace the current county building. 

 

Motion carried 3-0.

08272013R002           RESOLUTION PROPOSING AMENDMENT TO EXPAND THE USE OF AUTHORIZED EXPENDITURES BY ELECTORS AT THE NOVEMBER 4, 1997, ELECTION; CALLING ELECTION; CERTIFYING BALLOT TITLE

 

Ms Haag requested that the Board go into executive session regarding Anhueser-Busch property Tax Appeal, and to discuss Stacy Lynne versus Larimer County Employees.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners go into executive session for conferences with an attorney 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.

 

The Board came out of executive session and the following action was taken:

 

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners approve the defense by Larimer County Attorney’s Office of Larry Abrahamson, individually and in his official capacity, in Larimer County District Court Case No. 13 CV 108, filed by Stacy Lynne, and pay any judgments that may be entered against him.

 

Motion carried 3-0.

 

Commissioner Donnelly moved that the Board of County Commissioners approve the defense by Larimer County and the Larimer County Attorney’s Office of Sarah N. Esquibel and Sean McGill, individually and in their official capacities, in Larimer County District Court Case No. 13 CV 114, filed by Stacy Lynne and pay any judgments that may be entered against them.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 11:15 a.m.  

 

 

 

 

 

 

 

 

 

__________________________________________

   STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

 

______________________________________

Denise M. Ruybal, Deputy Clerk

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