Elk in Rocky Mountain National Park
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, June 23, 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: Rob Helmick, Michael Whitley, Chad Grey, and Brenda Gimeson, Planning Department; Clint Jones, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney’s Office;  Wesley Reichardt, Estes Park Community Development Department; and Denise Ruybal, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance.  Mr. Lafferty asked the Board to table item #1 of the agenda, Fox Glade RLUP amended plat and easement vacation, File #14-S3225. Mr. Lafferty stated that the applicant was not ready to proceed at this time.  It was the consensus of the Board to table this item. He then noted that the following items were on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience:

 

1.         DORESETT/SCHROEDER PUBLIC SITE PLAN, FILE #14-PSP0061 :  This is a request for approval of an appeal to allow detached Accessory Living Area to be 840 sq. ft. rather than the 600 sq. ft. allowed by the Land Use Code and an appeal to allow the entrance to the accessory dwelling to be visible from a road.  The Accessory Living Area regulations allow the accessory unit to be up to 40% of the main house square footage exclusive of basements and garages, not to exceed 800 sq. ft.  The Accessory Living Area regulations also state that the single-family character of the property must be maintained and that the entrance to the accessory living area must not be visible from any road. 

 

The existing residence on the property is currently 1500 square feet with other outbuildings identified as a pole barn and small portable shed.  The applicants have indicated that the dwelling will be occupied by their parents who are only in town part of the year and partially own the property.  The existing pole barn that will be partially converted to the accessory living area currently has a walk-in door and two garage doors visible from the roads. 

 

The Public Site Plan review portion of this application was processed administratively and approved by the Community Development Director on June 5, 2014.   This application is for the size appeal only.

 

The following agencies have provided comments or verbally indicated they have no comments to the proposal:

 

·   The Larimer County Department of Health and Environment

·   The Larimer County Engineering Department

·   The Larimer County Addressing Coordinator

·   The Larimer County Code Compliance Section

·   The Larimer County Building Department

·   Loveland Fire Authority

·   Little Thompson Water District

 

The Development Services Team finds that the proposed appeal, allowing additional square footage and allowing the door to be visible from the road to an Accessory Living Area will:

 

o  Not subvert the purpose of the standard or requirement.

o  Not be detrimental to the public health, safety or property values in the neighborhood.

o  Not result in increased costs to the general public.

o  Be consistent with the intent and purpose of the Code.

 

The Development Services Team recommends Approval of the Dorsett/Schroeder Appeal File #13-PSP0061.

 

2.         WHISKEY BELLE RANCH B&B MINOR SPECIAL REVIEW, FILE #14-Z1933:   This is a request for approval for a Minor Special Review to allow a Bed and Breakfast to accommodate no more than six guests at a time within a single-family home.  The property is 54.63 acres situated at the intersection of County Road 37 and County Road 80C.

 

According to the Larimer County Assessor's Office there is one single-family dwelling, three farm utility buildings, one equipment building, and one shed on the property.  The single-family dwelling was originally built in 1910 and then remodeled in 2010.  The home is approximately 2,388 square feet.  The Bed and Breakfast would accommodate no more than six guests at a time.  Bed and Breakfasts that accommodate more than six guests require Special Review approval. 

 

No additions or exterior changes are proposed with this request and a building permit is not required for the change of use from a single-family dwelling to a bed and breakfast.

 

The property is served by an on-lot septic system and a well.

 

1.   Planning staff finds that the proposal meets the requirements for a Bed and Breakfast as defined by the Land Use Code. 

 

2.   Engineering Department:  The Engineering Department’s comments indicate that the applicant must submit a maintenance agreement for the access and parking area.   In addition, two vehicle pullouts will need to be installed to meet Livermore Fire Protection requirements.  It appears that the roadway is currently wide enough to meet these requirements; the applicant will just need to remove some vegetation to delineate the pullout locations.

 

2.   Department of Health and the Environment :  The Health Department notes that the site is served by and individual on-site septic system.  They do not have records on the size or capacity of the system but assume that it is capable of handling sewage flows based on the existing number of bedrooms.  No new bedrooms are being added.  Water is supplied by a well.  The Health Department recommends that the applicant have the water tested regularly.  The Health Department also noted that Bed and Breakfast operations are not required to be licensed and meet standards for public food service establishments.

 

3.   Colorado Division of Water Resources :  Tracy Kosloff’s attached letter indicates that the existing residence and the bed and breakfast business will be supplied by a new commercial well to be constructed on the property.  The applicants will need to apply for a commercial well exempt permit.

 

4.   U.S. Fish & Wildlife Service (USFWS) :  Susan C. Linner indicated that the USFWS has no concerns with this request.  The request was sent to this review agency because of the Prebles Meadow Jumping Mouse Critical Habitat buffer area located on the property.

 

5.   The Building Department: The Building Department has indicated that they have no concerns with this request.  Existing residences converted to Bed & Breakfasts do not require a change of occupancy permit and are classified as an SFR occupancy.

 

6.   Livermore Fire Protection District:  Jim Herrington’s letter outlines his concerns for fire apparatus access, including installing two vehicle pullouts.

 

7.   Code Compliance Section: Candice Phippen’s staff report notes that Bed and Breakfasts with six or fewer guests do not require a change of occupancy permit but that a Bed and Breakfast Declaration Form must be completed by the property owners.

 

8.   Environmental Planner Review Comments:   Rob Helmick’s e-mail indicates that the applicants should coordinate with the USFWS to insure there are no issues.

 

9.   Addressing Review Comments:  Dan Kunis’ letter indicates no addresses will be affected by this request.  The existing address for the dwelling unit will remain and be the same for the Bed & Breakfast.

 

10.   No other individuals or referral agents had any concerns with this request.

 

It is the assessment of the Development Services Team that this request meets the Minor Special Review criteria provided the property owners satisfy the recommended conditions of approval below.

 

A.   The proposed use will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood;

 

B.   The property is not in a GMA district and the proposed use is consistent with the County Master Plan;

 

C.   The applicant has demonstrated that this project can and will comply with all applicable requirements of this Code;

 

D.   The proposed use will not result in a substantial adverse impact on other property in the vicinity of the subject property;

 

E.   The recommendations of referral agencies have been considered; and

 

F.   The applicant has demonstrated that this project can meet applicable additional criteria listed in Section 4.3 Use Descriptions.

 

The Development Services Team recommends Approval of the Whiskey Belle Ranch B&B Minor Special Review, File #14-Z1933, subject to the following conditions:

 

1.   The Site shall be developed consistent with the approved plan and with the information contained in the Whiskey Bell Ranch B&B Minor Special Review, File #14-Z1933, 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 Whiskey Belle Ranch B&B Minor Special Review.

 

2.   This application is approved without the requirement for a Development Agreement.  In the event the applicant fails to comply with any conditions of approval, or fails to use the property consistent with the approved Minor Special Review, the 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 Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor 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 Minor Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.  County may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.

 

3.   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 Minor Special Review approval.

 

4.   This Minor Special Review approval will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

5.   Prior to commencing the Bed & Breakfast use, the property owners shall provide the Planning Department a copy of the new commercial well permit and a copy of the Well Construction and Test Report after the well has been drilled.

 

6.   Prior to commencing the Bed & Breakfast use, the property owners must submit a maintenance agreement for the access and parking area. 

 

7.   Two vehicle pullouts will need to be installed to meet Livermore Fire Protection requirements.

 

3.         CHASE MINOR SPECIAL REVIEW, FILE #14-Z1936:   This is a request for Minor Special Review for an indoor pet animal facility of 1890 square feet for breeding show rabbits.

 

The applicant proposes to construct a 35 foot x 54 foot barn to house a pet rabbit breeding facility.  This barn has already received an Administrative Setback Variance to allow it to be constructed 99 feet from the centerline of the road.  The barn and home on the property are consistent with the surrounding neighborhood.  The applicant breeds show rabbits, which are sold throughout the country.  There are no employees except the operator.  This is not proposed as a retail sales facility, rabbits, which have been sold, are transported from the site by the operator.  Traffic to and from the site is limited to not more than 2-4 trips per day in addition to the residential use, typically expected to be 10 per day.  The Minor Special Review process is allowed for a Pet Animal Facility when there is no outdoor use or activity; this is case in this application. 

 

The site utilizes a shared access with the property to the east.  The use as proposed will not generate traffic that would negatively affect this access point.  There has been some dispute regarding the access and it was fenced this fence has been directed to be removed by the Engineering Department. 

 

The Town of Berthoud is the sewer provider and although they have indicated they can accept wastewater, the comments from the Town on June 9, 2014, reflect certain limits to that service. 

           

There have been no negative comments received and no referral has raised any issue, which cannot be addressed. 

 

The Development Service Team recommends the Board of County Commissioners determine the use is consistent with the approval criteria as noted here:

 

    • The proposed pet animal facility will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood;

 

    • This application site is located outside a GMA district; the proposed use is consistent with the county master plan.

 

    • The applicant has demonstrated that this project can and will comply with all applicable requirements of this code;

 

    • The proposed use will not result in a substantial adverse impact on other property in the vicinity of the subject property; and

 

    • The recommendations of referral agencies have been considered.

 

    • The Applicant has demonstrated that this project can meet applicable additional criteria listed in Section 4.3 Use Descriptions.

 

The Development Services Team recommends Approval of the Chase Minor Special Review File # 14-Z1936 subject to the following conditions:

 

1.   The Site shall be developed consistent with the approved plan and with the information contained in the Chase Minor Special Review File # 14-Z1936 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 Chase Minor Special Review.

 

2.   This application is approved without the requirement for a Development Agreement.  In the event the applicant fails to comply with any conditions of approval, or fails to use the property consistent with the approved Minor Special Review, the 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 Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor 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 Minor Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.  County may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.

 

8.   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 Minor Special Review approval.

 

4.   The owner is responsible for obtaining all required building permits for the proposed building for the facility.  All applicable fees, including permit, shall apply to this use. 

 

5.   This Minor Special Review approval will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

6.   Wastewater flows shall be consistent with requirement of the Town of Berthoud, as noted in their comments form dated June 9, 2014.

 

7.   The applicant shall maintain and keep current all licenses required by the State of Colorado and the Federal government for this use.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

4.         SPLITTGERBER PUBLIC SITE PLAN, FILE #14-PSP0059:   This is a request for Public Site Plan Review approval for a 591 square-foot detached accessory living area.  The request is presented to the Board of County Commissioners based on unresolved neighborhood comments and concerns

 

The property is 1.02 acres located at 1600 Meadowaire Drive, Fort Collins which is located southeast of the intersection of Prospect Road and Meadowaire Drive.  The property is zoned FA-1 - Farming. 

 

This Public Site Plan application is a request for approval of a 591 square-foot detached accessory living area on the first floor of an existing two-story accessory building.   The request is presented to the Board of County Commissioners based on unresolved neighborhood comments and concerns.

 

The detached accessory living area is currently occupied by a family member without Public Site Plan approval and without a change of occupancy permit to convert the former garage to a living area. In 2013, a building permit (permit number 13-B0069) was issued for a second story addition to the building.  The second story contains an office used in association with a home occupation. Inspections were never completed for the addition and a certificate of completion has not been issued by the Building Department. 

 

The Public Site Plan application requires no appeals to the detached accessory living area standards found in Section 4.3.10.H.2 of the Land Use Code.

 

During the review process, a number of comments on the application were received from surrounding property owners and from the Homestead Estates Homeowners Association.  Several property owners expressed concerns that the accessory living area will change the single-family character of the lot and change the character of the area.  The HOA and several individuals are also concerned that approval of the accessory living area conflicts with the subdivision covenants which state, “No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling and private garage, attached or detached, for not more than three cars, and a barn for livestock.”  Larimer County does not enforce private covenants.

 

Some neighbors state that both the first and second floor of the detached building are being used as living areas and there is concern that one or both floors will be rented in the future.  The applicants have stated that a family member occupies the first floor, the second floor is not used as a living area and neither floor will be rented or leased separately from the single-family home.

 

Other concerns expressed include the use of an unauthorized driveway access onto Prospect Road and (unrelated to the accessory living area) the storage of construction equipment on the property.

 

Review agency and neighborhood issues and concerns have been summarized in this report. 

 

Staff findings:

 

1.   The Public Site Plan complies with all applicable requirements of the Land Use Code and any applicable supplementary regulations;

 

2.   There are no conditions of approval imposed by the County Commissioners, the Board of Adjustment or Floodplain Review Board under another approval process authorized by the Land Use Code;

 

3.   The proposed use will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood; and

 

4.   The proposed use will not result in a substantial adverse impact on other property in the vicinity of the subject property.

 

The Development Services Team recommends approval of the Splittgerber Public Site Plan Review, File #14-PSP0059, subject to the following conditions:

 

1.   The owner is responsible for obtaining all required building permits and inspections.  All applicable fees, including permit fees, and Transportation Capital Expansion Fees shall apply to this use.  Within 90 days following the date on which the Findings & Resolution is signed by the Board of County Commissioners, the owner shall obtain all outstanding building permits and inspections for all previous work in the existing building.

 

2.   The access onto Prospect Road shall be abandoned and seeded within 90 days following the date on which the Findings & Resolution is signed by the Board of County Commissioners.

 

Mr. Whitley provided the Board with an overview of the situation.  Discussion between Mr. Whitley and the Board ensued with several items needing clarification.  The two story building containing an existing unapproved accessory living area on the first floor is occupied by Mr. Splittgerber’s daughter while she is attending Colorado State University.  The second floor of that building is an office that exists for a home occupation. While the applicant does own a custom home construction company, it is alleged that the Splittgerber family is occupying the second story office while the main residence is being remodeled.  A permit for the second story office area has been issued but no final inspection has been performed and no certificate of occupancy has been issued.  There is no interior connection between in the two floors.  To access the second floor, the exterior staircase must be utilized.  Mr. Splittgerber is allowed one business vehicle on the property, but several other business vehicles have been observed on the property.  The Board clarified that they are not in the position to enforce the covenants of the subdivision, as that is the function of the homeowners’ association.

 

Chair Donnelly then asked Mr. Splittgerber to address the Board.  Mr. Splittgerber stated that a boat business existed on the property when the property was purchased and that there are four or five other businesses in the area.  He also stated that he was not aware that the HOA existed; therefore he did not seek approval from the HOA for the improvements.  His family is occupying the second floor of the business while the primary residence is being remodeled.  The first floor is occupied by his daughter.  He does not have any intention of renting out this secondary building in the future.  It is to only be occupied by family members or used as a guest house. Mr. Splittgerber also stated that he has not completed the process for the permit because he felt the outcome of today’s hearing may alter the requirements for the certificate of occupancy to be issued.

 

Chair Donnelly then opened the hearing up to public comment.  Cheri Nichols addressed the Board on behalf of the Homeowners’ Association.  There were 14 other homeowners in opposition represented by Ms. Nichols.  Ms. Nichols explained that is was the responsibility of each homeowner to comply with the covenants.  Members of the association used the Larimer County website to gather information on the land use codes, processes and procedures that need to be followed.  All improvements made to any property need to be presented to the HOA before the improvements are made. She also stated that even though the Splittgerbers were made aware of the violations, they continued to violate the covenants and land use code.  Dennis Zickrick Don Beatty, Bruce Farrell, and Debi Bade also addressed the Board in opposition.  They mentioned the use of a single septic system on the property, the construction of a two car garage on the Meadowaire entrance of the property, and that the Splittgerbers have not followed the proper processes outlined in the covenants, which are very brief.

 

Chair Donnelly then closed the hearing to public comment and invited Mr. Splittgerber to address the Board in response to public comment.  Mr. Splittgerber stated that he was not aware of the HOA when he applied for the second level permit.  He also wasn’t aware that the second entrance to the property off of Prospect was an issue until he was told. He has never paid any HOA dues, has put $250,000.00 in improvements to the property and is now aware that the plans for the two car garage will need to be moved.  He has also decreased the number of bedrooms from three to two in the main residence which should help with the septic system issue.

 

Mr. Ryan stated that the current septic system was installed in 1969 for a 3 bedroom house. Restrooms in garages or occupation areas don’t add any additional concern, as these are usually used by the owners of the primary residence.  The two bedroom primary residence and the one bedroom detached accessory living area can be accommodated by the current septic system.

 

Commissioner Gaiter asked Mr. Lafferty about the additional company vehicles on the property that is not related to the remodel of the primary residence.  Mr. Lafferty explained that one business vehicle is allowed on the property.   There are allowances for outdoor storage by review.  Mr. Lafferty also explained that the detached accessory building cannot be rented but could be occupied by family members or used as a guest house.

 

Chair Donnelly asked Mr. Lafferty how this can be approved today with 2 units already in existence.  Mr. Lafferty clarified that the detached accessory building has the first floor with 591 square feet that is being used as an accessory living area.  The second floor is also 591 square feet and is to be used as an office space and no one should be living there.  Mr. Lafferty asked Ms. Haag if the kitchen on the second floor prohibits the use of the second floor as a living area.  Ms. Haag explained that a kitchenette may be common in an office space and that the kitchenette should be allowed. 

 

Commissioner Johnson stated that this property is different than the others in the area.  He likes property owners to use their property extensively but that this does not fit with the compatibility of the neighborhood and that the applicant was not following the rules.

 

In listening to the applicant and pubic comment, Commissioner Gaiter gathered that the use is not the problem, but Mr. Splittgerber not following the rules is.  He did not go through the process. 

 

Chair Donnelly is concerned with the intensity of the use.  Everyone has to follow the same rules.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners deny the Splittgerber Public Site Plan.

 

Motion carried 2-1, with Commissioner Gaiter dissenting.

 

 

6.         WRIGHT ZONING VIOLATION PUBLIC MEETING, FILE #2013-0022:  This is an alleged violation of Section 5.2.D.10 of the Estes Valley Development Code3 by virtue of:

 

1.   The accessory use of a Recreational Vehicle (RV);

2.   No zoning approval for the operation of a RV park.

 

Major issues and concerns:

 

1.   Use of Recreational Vehicles as an accessory use for long term residence and use as a dwelling.

2.   The illegal operation of a Recreational Vehicle park within the A zoning district.

3.   Concerns have also been raised about the RV’s effect on neighboring property values.

 

Staff findings:

 

1.   The property is zoned A Accommodations and is located within the unincorporated Estes Valley.

2.   The accessory use of an RV is prohibited (§5.2.D.10).

3.   Neither Larimer County nor the Town of Estes Park has approved recreational vehicles to be used on the property. Please see Exhibit D.

4.   The current use of the property is classified as Hotel/Motel.

5.   Recreational Vehicle Park/Campground is permitted in the A district through Special Review, providing that site requirements are met (§7.15), which requires a minimum land area of ten (10) acres.  The subject property is 2.46 acres.

6.   The use of RV’s on the subject property was not approved prior to the adoption of the Estes Valley Development Code.

7.   Aerial timeline of subject property.

 

Staff recommends that a set a deadline for the property to be brought into compliance and authorize legal action if deadline set by the Commissioners is not met.

Mr. Reichardt reviewed the violation with the Board.  The property has a hotel, private residence, a few small cabins and RV’s hooked up to sanitation lines.  The zoning of this property does not allow for the operation of an RV park.

 

Chair Donnelly asked Mr. Wright to address the Board.  Mr. Wright stated that he purchased the property in 2003.  There were two trailers on the property when it was purchased.  The utilities were installed in 1994, and he referred to a letter sent to him by the Upper Thompson Sanitation District referencing this fact.  All of the pipes are underground except for the connections, which are above ground.  Mr. Wright feels like the rules are changing and inconsistent.  Three years ago, his site was approved to have a peach vendor sell peaches at his business.  Now that has been denied and he doesn’t understand why the rules keep changing.

 

Chair Donnelly then opened up the hearing for public comment.  John Blankenship and Dennis Smagness spoke in favor of Mr. Wright.  Both spoke of Mr. Wright’s compassion and his ability to provide affordable housing in the Estes Park area.  There are currently 2 Vietnam War veterans and another person that has had recent surgery living in the RV’s.  Alan Denning spoke in opposition.  His personal residence is behind Mr. Wright’s property and it is currently for sale.  He stated that all potential buyers have voiced concern with having to drive through Mr. Wright’s property with the RV’s to get to his property. He feels that the value of his property is being affected and that the people living in the RV’s are there permanently, not just temporarily.

 

Chair Donnelly then closed the hearing to public comment and asked if Mr. Wright wanted to address the Board in response to public comment.  Mr. Wright declined.    

 

Much discussion ensued regarding if the installation of the utilities occurred prior to 1994, changes in the Land Use Code, and the possibility of grandfathering this property into the current code. It was the consensus of the Board that questions remain unanswered and further research needs to be done before a decision can be made.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners table this item until July 21, 2014, at 3:00, giving all parties sufficient time to research the history of the property and land use codes.

 

Motion carried 3-0.

 

With there being no further business to discuss, the hearing adjourned at 5:15 p.m.

 

TUESDAY, JUNE 24, 2014

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, County Manager. Chair Donnelly presided and Commissioners Johnson and Gaiter were present. Also present were: Donna Hart, Michelle Bird, and Deni LaRue, Commissioners’ Office; Mark Engemoen, Public Works Division; Ron Winne, Rusty McDaniel, and Charlie Johnson, Engineering Department; Vaughn Baker and Kyle Patterson, Rocky Mountain National Park; Tom Carrigan, Loveland Rotary Club; Amy Pezzani, Larimer County Food Bank; Ed Schemm, Environmental Health Department; Linda Sanders, Engineering Department; Eric Fried, Building Department; Chief Gary Green, Wellington Fire Department; Ginny Riley, Laura Walker, Jim Drendel, and Marsha Ellis, Human Services Department; Lorenda Volker, Human Resources Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Donnelly opened the meeting for public comment during which Sam Mancini, Ed Gassman, Scott Norsen, Diane Walker, John Walker, and Mel Hilgenberg addressed the Board.

 

Chair Donnelly then led everyone in the Pledge of Allegiance.

 

1.         APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 16, 2014:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of June 16, 2014.

 

Motion carried 3-0.

 

2.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JUNE 30, 2014:   Ms. Hart reviewed the upcoming schedule with the Board.

 

3.         CONSENT AGENDA:

 

M O T I O N

 

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

 

06242014D001           DEED OF DEDICATION: MCBLAIR RANCH, LLC

 

16242014D002           DEED OF DEDICATION: BRYAN G. AND LAURA J. JOHNSON

 

MISCELLANEOUS:  Informal Expenditure Authorization Modification for FY14 Dislocated Worker ADJ #1 PY Wager Peyser Supplemental NFA#14-07; Recommended Mid-term Appointment of James Fry to PID #28 Trotwood Ranches; Recommended Mid-term appointment of Kirsten Harden to the Estes Valley Public Library District Board of Trustees.

 

LIQUOR LICENSES:  The following licenses were issued and/or approved: Fort Collins Breakfast Rotary Charitable Foundation – Special Event 6% – Fort Collins.

 

Motion carried 3-0.

 

4.         ANNUAL ROCKY MOUNTAIN NATIONAL PARK (RMNP) UPDATE:  Ms. Patterson and Mr. Baker displayed a PowerPoint presentation for the Board, which outlined many aspects of their operations including photos of the flood, fires, landslides, park visitation, elk and vegetation management, and the upcoming centennial celebration.  The Board thanked both Mr. Baker and Ms. Patterson for their hard work and dedicated service.

 

5.         REPORT ON KIDSPACK AND MCBACKPACK PROGRAM:  Ms. Pezzani and Mr. Carrigan explained the KidsPack and McBackpack program which provides nutritious meals for low income children after school and even during the summer.  Ms. Pezzani stated that they provided nearly 67,000 meals for at-risk children last year.  The Board thanked both Ms. Pezzani and Mr. Carrigan for their efforts in making the vitally important program a success.

 

6.         LOAN AGREEMENT BETWEEN THE STATE REVOLVING FUND AND FISH CREEK LOCAL IMPROVEMENT DISTRICT 2013-3 AND BERTHOUD ESTATES LOCAL IMPROVEMENT DISTRICT 2013-1:   Mr. Schemm and Ms. Sanders presented the loan documents for Local Improvement Districts 2013-1, and 2013-3, and requested approval on the same.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the following listed documents for Local Improvement District’s 2013-1, and 2013-3:  Loan Agreements between Colorado Water Resources and Power Development Authority; Resolutions approving the loan from Colorado Water Resources and Power Development Authority; Omnibus Certificates; and Sale Certificates.

 

Motion carried 3-0.

 

06242014A001           LOAN AGREEMENT BY AND BETWEEN COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY AND LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 2013-1 (BERTHOUD ESTATES)

 

06242014A002           LOAN AGREEMENT BY AND BETWEEN COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY AND LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 2013-3 (FISH CREEK)

 

06242014R002           RESOLUTION APPROVING LOAN FROM COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY; AUTHORIZING THE FORM AND EXECUTION OF THE LOAN AGREEMENT AND A GOVERNMENTAL AGENCY BOND TO EVIDENCE SUCH LOAN (BERTHOUD ESTATES)

 

06242014R003           RESOLUTION APPROVING LOAN FROM COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY; AUTHORIZING THE FORM AND EXECUTION OF THE LOAN AGREEMENT AND A GOVERNMENTAL AGENCY BOND TO EVIDENCE SUCH LOAN (FISH CREEK)

 

MISCELLANEOUS:  Sale Certificates regarding Local Improvement Districts 2013-1, and 2013-3; and Omnibus Certificates regarding Local Improvement Districts 2013-1, and 2013-3.

 

7.         APPROVE APPLICATION OF THE 2012 INTERNATIONAL FIRE CODE WITHIN THE WELLINGTON FIRE PROTECTION DISTRICT:    Mr. Fried explained that the Wellington Fire Protection District adopted the 2012 International Fire Code, as amended, on April 22, 2014.  Under state law, the Larimer County Commissioners must approve the application of their code for it to take effect within the unincorporated county area of the fire district.  Mr. Fried noted for the record that fireworks sold in Colorado will be allowed within the fire protection district.  

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the application of the 2012 International Fire Code within the Wellington Fire Protection District.

 

Motion carried 3-0.

 

06242014R001           FINDINGS AND RESOLUTION APPROVING THE APPLICATION OF WELLINGTON FIRE PROTECTION DISTRICT 2012 INTERNATIONAL FIRE CODE

 

8.         APPROVE RECOMMENDED APPOINTMENTS TO THE LARIMER COUNTY WORKFORCE INVESTMENT BOARD:  Ms. Bird presented the following recommendations for reappointments the Workforce Investment Board, and requested approval on the same:

 

Cynthia Christie, Kathy Hanson, Ann Hutchison, Nancy Patton, Geniphyr Ponce-Pore, Mike Reiff, Miki Roth, Deborah Spotts, Jerry Thurber, Lynn Vosler, and Julie Zinn, reappointed for 3-year terms beginning July 1, 2014, expiring June 30, 2017.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the reappointments to the Workforce Investment Board, as outline above.

 

Motion carried 3-0.

 

9.         ROCOGNIZE LARIMER COUNTY HUMAN SERVICES FOR THEIR “C-STAT DISTINGUISHED PERFORMANCE” IN 2013 BY THE COLORADO DEPARTMENT OF HUMAN SERVICES:  Ms. Riley noted that the C-Stat award was presented to their department at the Colorado Counties Incorporated summer conference, for their excellence in the following eight areas: Timeliness of Colorado Works New Applications; Timeliness of Adult Financial New Applications; Timeliness of Food Assistance New Applications; Timeliness of Energy Assistance New Applications; Timeliness of Energy Assistance Expedited Applications; Maintain Children Safely In-home; Reducing the Percent of Children in Out-of-Home Care for 24+ Months; and Reducing the Percent of Children in Congregate Care.  The Board congratulated them for achieving this prestigious recognition.

 

10.       WORKSESSION:  Mr. Gluckman updated the Board of House Bill 1375.  He also asked the Board to sign a letter inviting the Town of Estes Park to the quarterly elected officials meeting.

 

11.       COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their involvement at events during the past week.

 

12.       LEGAL MATTERS:  Ms. Haag requested the Board go into executive session regarding potential claims/action for enforcement of settlement terms for Bella Market in Wellington.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners go into executive session 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 executive session ended at 11:30 a.m., with no further action taken.

 

 

THURSDAY, JUNE 26, 2014

 

LOCAL IMPROVEMENT DISTRICT (LID) AND

PUBLIC IMPROVEMENT DISTRICT (PID)

 HEARINGS

 

The Board of County Commissioners met at 6:30 p.m. to consider multiple LID and PID items.  Chair Donnelly presided and Commissioners Johnson and Gaiter were present. Also present were: Ed Schemm, Environmental Health Department; Linda Sanders, Matt Johnson, and Eric Purcell, Engineering Department; and Gael Cookman, Deputy clerk.

 

1.         LARIMER COUNTY PUBLIC IMPROVEMENT DISTRICT NUMBER 58 – MISTY CREEK:    Ms. Sanders noted the location of the subdivision as being on the east side of County Road 19, north of Highway 287.  She explained that there are 13 lots in the proposed district, and that 87.5% of the property owners signed the petition in favor of the proposed PID.  Ms. Sanders further noted that the mill levy is set at 19.854, which will generate approximately $8,100 per year, at an average of $675 per lot.

 

Chair Donnelly opened up the hearing for public comment; however, no one addressed the Board on this item.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve Resolution 06262014R002, approving the petition for the organization of Larimer County Misty Creek Public Improvement District #58, and refer it to the ballot for the November election.

 

Motion carried 3-0.

 

06262014R002           RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF LARIMER COUNTY MISTY CREEK PUBLIC IMPROVEMENT DISTRICT NO. 58

 

2.         LARIMER COUNTY PUBLIC IMPROVEMENT DISTRICT NUMBER 57 – COBBLESTONE FARMS:  Ms. Sanders noted the location of the subdivision as being on the east side of County Road 21, north of County Line 2.  She explained that there are 9 lots in the proposed district, and that 88% of the property owners signed the petition in favor of the proposed PID.  Ms. Sanders further noted that the mill levy is set at 25.564, which will generate approximately $10,200 per year, at an average of $1,133 per lot.

 

Chair Donnelly opened up the hearing for public comment, and Robert Radocy, president of their homeowners association, stated that they were in favor of this PID, and asked the Board to refer it to the November ballot.  Mr. Radocy also commended county staff on their professionalism and hard work in this effort.

 

There was no further public comment.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve Resolution 06262014R003, approving the petition for the organization of Larimer County Cobblestone Farms Public Improvement District #57, and refer it to the ballot for the November election.

 

Motion carried 3-0.

 

06262014R003           RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF LARIMER COUNTY COBBLESTONE FARMS PUBLIC IMPROVEMENT DISTRICT NO. 57

 

3.         LARIMER COUNTY PUBLIC IMPROVEMENT DISTRICT PUBLIC IMPROVEMENT DISTRICT NUMBER 59 – GRASSLANDS:  Ms. Sanders noted the location of the subdivision as being on the southwest corner of South County Road 21, and West County Road 18 (aka 14th Street in SW Loveland).  She explained that there are 81 lots in the proposed district, and that 62.4% of the property owners signed the petition in favor of the proposed PID.  Ms. Sanders further noted that the mill levy is set at 34.310, which will generate approximately $66,500 per year, at an average of $820 per lot.

 

Chair Donnelly opened up the hearing for public comment and the following individuals spoke in favor of the proposed PID:  Roger Barone, Nancy Douglas, Amelia Toles, and Kathy Ewert.  All stated that the PID is necessary to repair and maintain their roads, and they felt the PID is the fairest method available to accomplish this. 

 

Ingle Refvem stated that he is in favor of the proposed PID; however, he voiced concerns with four of the lots being included as they really do not use the internal roads of the subdivision, and are not truly part of Grasslands.

Rick Zier, attorney for Maury Boney, explained that his client was one of the four properties that is not part of Grasslands, but that they are being included in the PID because their property abuts 16th Street; however, his client takes access from County Road 21.  Mr. Zier stated that his client does not get the benefit of the improvement of the interior roads, as they never use those roads, and he requested that his client be excluded from the district.  Finally, Mr. Zier stated that they could possibly reach an agreement whereby Mr. Boney agrees to maintain a portion of the road, and pay for that maintenance and repair outside of the PID.

 

Maury Boney further explained his access, confirming that his main driveway is on County Road 21. 

 

Chair Donnelly closed public comment.

 

Discussion ensued as to whether or not the four properties in question should be included in the district.  Ms. Sanders noted that should the PID pass in the November election, then they could petition the Board to be excluded from the district at that time.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve Resolution 06262014R004, approving the petition for the organization of Larimer County Grasslands Public Improvement District #59, and refer it to the ballot for the November election.

 

Under discussion of the motion, Commissioner Gaiter encouraged Mr. Boney to come back to the Board if the district passes, to have further discussion regarding his inclusion in the PID.

 

Motion carried 3-0.

 

06262014R003           RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF LARIMER COUNTY GRASSLANDS PUBLIC IMPROVEMENT DISTRICT NO. 59

 

4.         LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NUMBER 2014-1 – WESTERN MINI RANCHES:   Mr. Schemm explained that the subdivisions are located on the west and east sides of County Road 21, one mile south of State Highway 56, and one and a half miles west of U.S. Highway 287.  The LID includes the Western Mini-Ranches and Vaquero Estates subdivisions.  Mr. Schemm noted that the LID is necessary to make improvements to the sewer systems in place that no longer meet state health department requirements; he then reviewed three alternatives available to the homeowners within this LID.

 

Ms. Sanders explained that there are 85 lots in the proposed district and the current estimated assessment is $20, 235 per lot, which amounts to a $1,298 payment per year, per lot.  Ms. Sanders also noted that 96% of the eligible lot owners signed in favor of the petition.

 

Chair Donnelly opened up the hearing for public comment and Don Simmons had numerous questions regarding the tests that were performed by the state, and why other alternatives were not being pursued, such as purchasing water shares to dilute the ammonia, or applying for leach fields, or installation of vaults.  Mr. Simmons stated that $20,000 per owner is a significant amount and he feels that other alternatives could be put in place for a lot less.

 

There was no other public comment.

 

Some discussion ensued and Mr. Schemm stated that once a property has been placed on a public sewer system, then they cannot revert back to a septic system; therefore, the three alternatives presented to the homeowners reflect the best course of action for them to take.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve Resolution 06262014R001, a resolution creating the Larimer County Local Improvement District #2014-1, Western Mini Ranches, ordering the construction, installation, completion, and acquisition therein of certain local improvements, together with any necessary incidentals; providing for the payment for said improvements; and providing for other details in connections with the district. 

 

Motion carried 3-0.

 

06262014R001           RESOLUTION CREATING THE LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT #2014-1, WESTERN MINI RANCHES, ORDERING THE CONSTRUCTION, INSTALLATION, COMPLETION, AND ACQUISITION THEREIN OF CERTAIN LOCAL IMPROVEMENTS, TOGETHER WITH ANY NECESSARY INCIDENTALS; PROVIDING FOR THE PAYMENT FOR SAID IMPROVEMENTS; AND PROVIDING FOR OTHER DETAILS IN CONNECTIONS WITH THE DISTRICT. 

 

The hearing adjourned at 7:45 p.m.

 

 

 _______________________________

TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Denise M. Ruybal, Deputy Clerk

 

 

__________________________________________

Gael M. Cookman, Deputy Clerk

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.