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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, June 9, 2014

 

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: Michael Whitley, Candace Phippen, Tony Brooks, Stan Griep, and Savanah Benedick, Planning Department; Eric Tracy, Engineering Department; Bill Ressue, County Attorney’s Office; and Denise Ruybal, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance.

 

Chair Donnelly noted that the following items were on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.    BUNDY APPEAL, FILE #14-G0265:  This is a request for an appeal to Sections 4.3.10.H.1.a & b of the Larimer County Land Use Code to allow a 420-square foot attached accessory living area with a separate exterior entrance, without a contiguous wall between the living areas and without a doorway that connects the accessory living area to living area within the home. Location is 740 Victoria Drive, Fort Collins; located approximately 1,200 feet north of the intersection of Victoria Court and Carpenter Road.

The Development Services Team recommends approval of the Bundy Appeal, File #14-G0265, subject to the following conditions:

 

1.   The owner is responsible for obtaining all required building permits for the attached accessory living area and paying all applicable fees related to the building permit.

 

2.   The habitable space of the attached accessory living area shall not be further expanded beyond the proposed 420 square feet.

 

3.   At the time of the building permit application, the owner shall sign an Attached Accessory Living Area Agreement which will indicate what the owner has agreed to as well as advise potential future lot buyers of the restrictions placed on the Accessory Living Area. 

4.   The accessory living area is to be used solely for the guests of the occupants of the single-family dwelling.

 

5.   The accessory living area must not be rented or leased separately from the single-family dwelling.

 

6.   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 appeal approval.

 

2.    HIGHLAND ACRES 2ND, LOTS 2 & 3, LOT CONSOLIDATION, FILE #14-S3229:  This is a request to consolidate portions of Lots 2 and 3 of the Highland Acres 2nd Subdivision (both portions of lots are considered legal).  The location is a portion of Section 1, Township 8 North, Range 69 West; more specifically the properties are situated on the south side of Bradley Drive, approximately 1/8 mile west of County Road 15.

 

The Development Services Team recommends approval of the Lot Consolidation of portions of Lots 2 & 3 of Highland Acres 2nd (File #14-S3229), subject to the following condition(s):

 

1.         All conditions of approval shall be met and the final resolution recorded by December 12, 2014, 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.    RAMONA HEIGHTS, LOTS 16A & B, 6B LOT CONSOLIDATION, FILE #14-S3226:  This is a request to amend the plat of Lots 16A, 16B and 17A, Block 14, and Lot 6B, Block 13, Ramona Heights Amended Plat, to consolidate the lots into one lot.  The location is  Section 28, Township 10 North, Range 73 West; in Ramona Heights Amended Plat, located at 35 Stellar Jay Circle, Red Feather Lakes.

 

The Development Services Team recommends approval of the Lot Consolidation of  Lots 16A, 16B and 17A, Block 14, and Lot 6B, Block 13,  Ramona Heights Amended Plat, File # 14-S3226, subject to the following condition(s) :           

 

1.   All conditions of approval shall be met and the final resolution recorded by December 9, 2014, 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.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

4.    BARGAIN STORAGE ZONING VIOLATION PUBLIC HEARING MEETING, FILE #11-CC0112:  Ms. Phippen reviewed with the Board, the situation and the violations pertaining to this property located at 1450 Valency Drive, Loveland, Colorado.  The property owner is in alleged violation of:

 

1.   Section 4.1.18 (C-Commercial Zoning District) of the Larimer County Land Use Code;

 

2.   Site Plan approval for Phased Storage Units (File 08-SP0231);

                      

3.   Amended Site Plan approval to amend the phasing of storage units and to add a farmer’s market to the site (File 11-SP0280);

 

4.   Sections 110.5 and 3408 of the 2006 International Building Code adopted by Larimer County by virtue of allowing the use of storage units without first obtaining all required inspection approvals under Building Permits 09-B0521 and 12-B0984.

 

Concerns have also been raised that people may be living in or operating businesses from storage units or RVs on the property. Ms. Phippen also presented some background:

 

1.   Planning File 08-SP0231, Site Plan approved 2/3/2010 for Phased Storage Units.

 

2.   Building Permit 09-B0521issued 4/5/2010 for Phase I, Cargo Containers for Self-Storage.  Compliance requirements:

           

a.   Obtain a new TCO. 

 

b.   Install the required bollards adjacent to 14th Street S.W. to prevent traffic from entering the property over the emergency spillway area. The design and installation of the Maxi Force bollards require approval by Loveland Fire Rescue Authority (LFRA).  Plans must be submitted directly to LFRA for review and approval.

 

c.   Obtain final inspection approval for landscaping. Call Mr. Lentz at (970) 498-5765 for clarification or information. 

 

b.   Obtain final inspection approval from Loveland Fire. Call Carie Dann at (970) 962-2518 for clarification or more information.

 

e.   The two electronic gates providing access to the site may be installed at the owner’s discretion and will not be a condition for issuance of a TCO or full CO under Permit 09-B0521 or Permit 12-B0984.

 

f.    Schedule a final inspection from the Building Department once all approvals itemized above are obtained.

 

3.   Planning File 11-SP0280, Amended Site Plan approved to amend the phasing of storage units and to add a farmer’s market to the site.  A Land Use Agreement dated October 11, 2011, was entered into between the County and the Owner summarizing allowed uses on the property.  Compliance requirements:

 

a.   Remove all outdoor storage from the property.  See examples of outdoor storage circled in red on the attached aerial photograph.

 

b.      Remove all advertising for outdoor storage.  See sample advertising attached.

 

c.   Cease all non-approved uses beyond a seasonal Farmer’s Market and private, personal storage inside the units.

 

4.   Code Compliance File 11-CC0112 initiated on 4/13/2011—building permits are required prior to pouring concrete foundations and placing cargo containers for the second phase of site plan approval for Bargain Storage—violation of Site Plan Review by virtue of proceeding with the development of the property prior to obtaining proper approvals through Planning, Building and Engineering. 

 

5.   Development Permit 12-DCP0009 issued on 10/2/2012 for Phase II.

 

6.   Building Permit 12-B0984 issued on 12/7/2012 for Phase II, Cargo Containers for Self-Storage.  Compliance requirements:

 

a.   Provide setback certification by a Colorado professional land surveyor.

 

b.   Provide special inspection letter from the project engineer approving all structural elements, including footings, foundation, masonry fire containment walls and unit anchorage.

 

c.   Pass final County Building inspection, including accessibility for at least 14 units.

 

d.   Pass final inspection by the Colorado State Electrical Board, Loveland Fire and Larimer County Engineering.

 

There is a event log for site inspection, which includes photos and citizen comments received since the mailing on May 8, 2014, of the notice of this meeting to the owner and adjacent property owner dated May 19, 2014.  Concerns raised are:

 

·  Is there an RV Park approval for this site?

·  What is being done “for water/sanitation for the RVs being lived in?”

·  People are “showering outdoors using garden hoses”

·  Concerns about possible illegal activities being conducted in the units

·  People are living in the storage units

·  An antenna and air conditioner has been installed in one unit

·  Observed children may be living in the units

 

The event log for a site inspection on May 27, 2014:

 

·  Conversations with two separate Leasees of Bargain Storage indicating they are working out of the storage units and either live and/or occasionally stay overnight in the unit.

 

  Major issues and concerns are:

1.   Use of storage units by the public without final inspection approvals from Loveland Fire Rescue Authority, Landscaping, Building and State Electrical Board pose health and safety hazards.

 

2.   Fire safety is compromised by limited access due to blocked fire lanes caused by outdoor storage.

 

3.   Illegal access off 14th Street SE may cause traffic problems and damage to the emergency spillway area.

 

4.   Illegal occupancies do not meet fire and building codes pertaining to electrical work, gas lines, water and heating systems and sewage disposal systems.  Living or working from units or RVs add to parking problems and pose health and safety hazards that may lead to criminal activity if left unchecked.

 

Mr. Eason, the property owner addressed the Board.  He explained that the semis parked in the area are semis that were parked at another storage business he operated but has since closed.  He was not aware that he was using 10 feet of the fire zone area and mentioned that the semis have since been moved.  He was also stated that he was unaware that he needed approval for open storage and that information has been removed from the website.  He is assisting individuals that are attempting to start small businesses and just need a place to tinker around at.  Mr. Eason did state that he was having trouble with transients, but that his manager had installed air conditioning in one of the units so that he manager could stay in the unit and monitor the area.  He also stated that he has purchased the required fire extinguishers but the cabinets needed for these extinguishers are on order and will not arrive for another 2-3 weeks.  He had changed the size of the numbers in the address to the required 6 inches and has moved the address sign out by the curb.  Access to the required 14 handicapped accessible units has not been completed.  It has been recommended that concrete ramps be created for this, but Mr. Eason would like to have aluminum ramps installed that could be pulled down and then used by the customers.  He is also considering double stacking the semis and using a rolling set of stairs for access to the upper units.  Mr. Eason has had all the required landscaping put in and will not be proceeding with the community garden.  Lastly, Mr. Eason stated that he was not aware of any individuals living in the units.

 

Chair Donnelly opened up the hearing to public comment:

 

Robert Hoffman, Harold Hall, and James Johnson all spoke in favor of Mr. Eason.  They stated that there was security at the facility and that Mr. Eason was a very kind man that wants to help people out.

 

Troy Mines, Bob Patterson and Dave Campbell are adjacent business owners and have storage lots too.  They mentioned that break-ins and theft has increased to the units at their businesses.  They are also concerned with illegal activity, trash in the area, and things that may be happening in the storage units that are not permissible.

 

Chair Donnelly then closed the hearing to public comment.

 

Carry Dann, Deputy Fire Chief, briefly addressed the Board and explained that 30 feet is necessary for fire equipment to maneuver inside the storage area.

 

Mr. Eason again addressed the Board and submitted a letter in support from customers not able to attend today’s hearing.  He stated that he was shocked to find out that people may be living in his units and wants to know if this is occurring.

 

Discussion ensued among the Board.  Commissioner Gaiter asked Mr. Eason if 60 days was enough time for Mr. Eason to get into compliance and Mr. Eason stated 60 days was fine.  He also wanted clarification on who was responsible for making the final decision on the ramps for the handicapped accessible units and noted that units were not intended to be work environments and spending a lot of time in the units was not appropriate.  Commissioner Gaiter would like to see #2 on page 46 removed for the TCO to be issued.

 

Commissioner Johnson wanted some clarification on double stacking the semis and the access to the upper level.  He also stated that approval is needed if there is to be any modification to the first plan submitted.  Commissioner Johnson did see Mr.. Eason as a compassionate man trying to help the public.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners concur with staff findings that violations of the Larimer County Use and Building Codes exist, require compliance by the deadlines shown below, and authorize legal action if the deadlines shown below are not met:

 

A.   The business is allowed to continue during the compliance process at its current level of activity, conditioned on the following:

 

1.   60 day deadline to remove all outdoor storage; and

2.   60 day deadline to cease all uses on the property except for personal storage inside the storage units and the seasonal Farmer’s Market; and

3.   60 day deadline to obtain a TSO or CO under Building Permit 09-B0521 for Phase I of the project; and

4.   60 day deadline to obtain a TCO or CO under Building Permit 12-B0984

 

Motion carried 3-0.

 

With no further business to come before the Board, the hearing adjourned at 5:15 p.m.

 

 

TUESDAY, JUNE 10, 2014

 

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager.  Chair Donnelly presided and Commissioners Johnson and Gaiter were present.  Also present were: Gary Buffington, and Rob Novak, Natural Resources Department; Gary Darling, Criminal Justice Department; Tim Hand, and Mike Ruttenberg, Community Corrections Department;  Lori Hodge, Commissioners’ Office; George Haas, Jeannie Haag and Bill Ressue, County Attorney’s Office; and Denise Ruybal, Deputy Clerk.

 

Chair Donnelly opened the meeting up to public comment giving citizens the opportunity to address the Commissioners regarding events and issues pertaining to Larimer County. Jeff Hyatt, Rodney Henshen, Mel Hilgenberg, and Eric Sutherland were present to address the Board.

 

Chair Donnelly opened the meeting with the Pledge of Allegiance.

 

1.    APPROVAL OF THE MINUTES FOR THE WEEKS OF MAY 27, 2014, AND JUNE 2, 2014:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the weeks of May 27, 2014, and June 2, 2014, as presented.

 

Motion carried 3-0.

 

2.    CONSENT AGENDA: 

 

M O T I O N

 

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

 

06102014A001           AMENDMENT #1 TO AGREEMENT FOR LAND INFORMATION SYSTEM AGREEMENT BY AND BETWEEN LARIMER COUNTY AND TYLER TECHNOLOGIES, INC.

 

06102014A002           BOARD OF COUNTY COMMISSIONERS LARIMER COUNTY, COLORADO DEPARTMENT OF PUBLIC WORKS CONTRACT BY AND BETWEEN LARIMER COUNTY AND AMERICAN CIVIL CONSTRUCTORS, INC.

 

06102014A003           BOARD OF COUNTY COMMISSIONERS LARIMER COUNTY, DEPARTMENT OF PUBLIC WORKS CONTRACT BY AND BETWEEN LARIMER COUNTY AND COULSON EXCAVATING COMPANY, INC.

 

06102014A004           CHANGE ORDER TO CONTRACT FOR ENGINEERING PROJECT NO. 9312 – REPAIR OF BRIDGE NO. 17-0.7-2R-A OVER LITTLE THOMPSON RIVER

 

06102014D001           DEED OF DEDICATION: GREG B. FRIEDMAN

 

06102014D002           DEED OF DEDICATION: BRAD CHRISTIANSEN

 

06102014D003           DEED OF DEDICATION: WILLIAM RAY AND DIXIE DEE GIBBENS

 

06102014D004           DEED OF DEDICATION : ANDERSON RANCHES, INC.

 

06102014D005           DEED OF DEDICATION: BRETT W. AND PATRICIA A. FLOYD

 

06102014D006           QUIT CLAIM DEED: COLORADO DEPARTMENT OF TRANSPORATION

 

06102014D007           QUIT CLAIM DEED:  COLORADO DEPARTMENT OF TRANSPORTATION

 

06102014D008           DEED OF DEDICATION: LELAND L. AND KATHLEEN L. LAFOLLETTE      

 

06102014R001           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT DEPUTY DISTRICT ATTORNEY I

 

06102014R002           FINDINGS AND RESOLUTION APPROVING THE MEADOWS     WATER TRANSMISSION LINE REPLACEMENT AND BANK STABILIZATION FLOOD PLAIN SPECIAL REVIEW

 

MISCELLANEOUS:           Larimer County Operating Policies and Procedures Human Resources Policy and Procedure 331.6I: Clarification of Clinic leave policy to clarify that appointments with Wellness and Care Management Coach are not eligible for Clinic Leave.                       

 

 

LIQUOR LICENSES: The following licenses were approved and/or issued:  Sandy’s Convenience Store – 3.2% Retail Beer – Loveland;  Hometown Liquors – Tasting Permit – Berthoud;  SpokesBUZZ – 6% Special Event Permit – Fort Collins

 

Motion carried 3-0.

 

3.    NATIONAL GREAT OUTDOOR MONTH PROCLAMATION:  Mr. Novak reviewed the proclamation with the Board. Larimer County boasts a multitude of natural wonders, including our Rocky Mountains, the Cache la Poudre and Big Thompson Rivers, state, city and county parks, open spaces, and natural areas throughout the County.  Residents are encouraged to attend the National Get Outdoors Day on June 14, 2014, at City Park in Fort Collins.  Commissioner Gaiter read the proclamation aloud.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners Proclaim the month of June 2014 as Great Outdoors Month.

 

Motion carried 3-0.

 

4.    REQUEST 8.25 STATE FUNDED NEW POSITIONS FOR THE EXPANSION OF THE PRESENT INTENSIVE RESIDENTIAL SUBSTANCE ABUSE TREATMENT (IRT) PROGRAM:  Mr. Hand and Mr. Ruttenberg reviewed the need to increase the number of IRT beds from 24 to 48, with 24 bed for women and the remaining 24 beds for men.  This expansion will provide needed residential level substance abuse treatment services.  The added staff will include: 5.25 FTE Correctional Addictions Therapists, 1 FTE Correctional Case Specialist, 1 FTE Correctional Case Specialist, and 1 FTE Substance Abuse Services Team Lead.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve hiring the necessary State Funded staff of 5.25 FTE Correctional Addictions Therapists, 1 FTE Correctional Case Specialist I, 1 FTE Correctional  Services Specialist I, and 1 FTE Substance Abuse Services Team Lead to provide services under our contract with the Department of Public Safety, Division of Criminal Justice and the Office of Community Corrections for IRT.

 

Motion carried 3-0.

 

5.    REQUEST THREE NEW FTE’S AND RECLASSIFICATION FOR 1 FTE TO SUPPORT THE WELLNESS COURT: Mr. Darling and Mr. Ruttenberg reviewed the need for resources and services to assist individuals with mental health and substance abuse issues.  Individuals with mental health and substance abuse require a substantial  amount of resources and services within the criminal justice system.  Our jails and prisons are not equipped or designed to manage these issues.  The Wellness Court will assist these individuals by providing medication and treatment.  These individuals will also receive immediate sanctions or rewards. The end goal is to keep the community safe and provide the necessary services to address the underlying reasons for criminal conduct thereby reducing recidivism.  The request is asking to reclassify a current Team Lead for the Alternatives to Incarceration for Individuals with Mental Health Needs (AIIM) program into a supervisor position for AIIM and the Wellness Court.  In addition, 1 new FTE for a Mental Health Services Team Lead, 1 FTE Correctional Case Specialist I, and 1 FTE Correctional Case Specialist II.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the needed Position Authorization Requests (PAR) and funding to provide the needed service and to accomplish Objective #4 of goal #1 in the County’s Strategic Plan.

 

Motion carried 3-0.

 

6.    WORKSESSION:     Ms. Hoffmann outlined her participation in the Regional Tax Increment Financial (TIF) study, noting that multiple municipalities in Larimer County have formed Urban Renewal Authorities.  These entities have the ability under State law to intercept certain property tax revenue increases from the County and Special Districts and use it to fund improvements for redevelopments projects.  The study group consists of City and Town Managers, the County Manager, and the Executive Directors, Superintendents, or other staff leaders of multiple Special Districts. The study participants are meeting once a month as either the full group or a core group of six members, serving as a sub-committee.  It was the consensus of the Board that Ms. Hoffmann’s participation on the TIF is beneficial for the County and supported her continued participation in the study.

 

Ms. Hodges addressed the Board in requesting approval to apply for the Hazard Mitigation Grant Program specifically regarding the Planning Application to update the County’s current FEMA approved Hazard Mitigation Plan that expire in July, 2015.  Asking the State for $100,000.00 with a $25,000.00 non-federal match.  The State will pay 12.5% of the $25,000.00 with the remaining $12,500.00 as a soft match, meaning all of the County’s time and efforts towards the grant will go towards the match.  Ms. Hodges predicts no hard dollars will be used.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners authorize the Chair to approve the request for this grant and sign any necessary documents.

 

Motion carried 3-0.

 

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

 

8.    LEGAL MATTERS:

 

Update about Decision on the Anheuser-Busch Appeal:  Mr. Ressue updated the Board on the recent Board of Assessment Appeals (BAA) hearing.  The value of the property was adjusted to $82,000,000.00, due to this being a special purpose property and not having valid market comparisons. Anheuser-Busch has 49 days to appeal the decision.

 

Executive Session Regarding Negotiations for Land Acquisition regarding County Road 27.

 

M O T IO N

 

Commissioner Johnson moved that the Board of County Commissioners go in to Executive Session for conferences with an attorney for the purpose of receiving legal advise 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 discussed that imminent domain and deeds of dedication had been resolved with owners on County Road 27.  One owner has not agreed to the Right of Way and will be made a final offer.  A short discussion between the Board ensued with Commissioner Gaiter stating that he can not support this matter due to questions not being answered and the unique situation the owner is in.

 

M O T I O N

 

Commissioner Johnson moved that a final offer for acquisition of the Paulanna Holdings, Inc./Hiatt property be made pursuant to State law.

 

Motion carried 2-1; Commissioner Gaiter dissenting.

 

The meeting adjourned at 11:30 a.m.

 

 

 

                                                                                              _______________________________

 TOM DONNELLY

BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Denise M. Ruybal, Deputy Clerk

 

 

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.