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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, July 28, 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, Brenda Gimeson, and Michael Whitely, Planning Department; Clint Jones, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance.  He then noted that the Estes Park Code Amendment regarding Cell Towers has been withdrawn from the agenda, and that the Estes Park Code Amendment regarding Micro-breweries, Wineries, and Distilleries needs to be tabled until August 11, 2014, for further review by the Town of Estes Park. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners table the Estes Park Code Amendment regarding Micro-breweries, Wineries, and Distilleries to August 11, 2014, at 3 p.m.

 

Motion carried 3-0. 

 

Chair Donnelly then explained that there were four items on consent that would not be discussed unless requested to do so by the Board, staff, or members of the audience.  A citizen requested that item 1 be removed for discussion.  The following items remained on consent:

 

2.         WILLIAMS PUBLIC SITE PLAN, FILE #14-PSP0063:  This is a request to appeal the requirements of Section 4.3.10.H of the Larimer County Land Use Code request to allow the use of 616 square feet of the second story in a proposed detached garage replacing one destroyed in the High Park Fire, for an accessory living unit when the existing dwelling is 960 square feet and only 384 square feet would be allowed.

 

The applicants propose to utilize a portion of the second floor of a new garage, the original was destroyed in the High Park Fire, for two bedrooms and a bathroom. The existing dwelling is relatively small at 960 square feet and the applicants have two children.   In addition to the bedrooms, the applicant proposes a part of the structure as a recreation room.  The bedrooms with bath constitute an Accessory Dwelling Unit. 

 

The ALA regulations allow the accessory unit to be up to 800 square feet or 40% of the main house square footage exclusive of basements and garages, not to exceed 800 sq. ft.  The main house is over 960 square feet so 384 square feet would be allowed.  The proposal is to use a part of the second floor of the garage for the ALU.

 

As a detached structure, the applicant had to apply for approval through the Public Site Plan process.  Referrals were sent and no comments from any neighbor has been received, and the Engineering and Health Department comments have not noted any significant issue.   

 

The Development Services Team finds that the proposed appeal, allowing addition of square footage to an Accessory Living Area, by allowing the proposed garage square footage to be utilized 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  Be the minimum action necessary.

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 Williams Public Site Plan file #14-PSP0063, subject to the following conditions:

 

1.   The approval is limited to the use of the upstairs areas for bedrooms; no kitchen is proposed or approved. 

2.   Obtain all necessary permits and permissions prior to the use commencing.

3.   Payment of all required fees including TCEF.

 

3.         SCHUPBACH APPEAL, FILE #14-PSP0064:   This is a request to appeal Section 4.3.10.H.2.c of the Land Use Code to allow a detached Accessory Living Area to exceed 40% of the size of the singe-family dwelling.

 

The applicants request approval of an appeal to Section 4.3.10.H.2.c of the Larimer County Land Use Code which limits the size of a Detached Accessory Living Area  to 40% of the size of the main house (excluding basements and garages) or 800 square feet, whichever is less. 

 

The primary dwelling on the property is 761 square feet which would allow a Detached Accessory Living Area to be a maximum of 304.4 square feet.  There is an existing one bedroom, 450 square foot Detached Accessory Living Area in a 1,152 square foot three-car garage that was constructed by the applicants in 2010 after receiving a setback variance to allow the structure to be located nine feet from the east property line and four feet from the southern property line.  A building permit was issued for the garage but the living area was added after completion of the garage without benefit of a building permit and without Public Site Plan Review approval.

 

The Public Site Plan review portion of this application was processed administratively and approved by the Community Development Director on July 16, 2014.   This application is for the size appeal only.  The proposal complies with all other applicable Detached Accessory Living Area standards.

 

The Development Services Team finds that the proposed appeal, allowing additional square footage 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 Schupbach Appeal File #14-PSP0064.

 

4.         JENNINGS SIGN APPEAL, FILE #14-G0266:   This is an appeal to Section 10.10 of the Larimer County Land Use Code to allow a second freestand sign on a street frontage of a property in a rural district where one is allowed, to allow the sign to be 60 square feet where 32 square feet is allowed and to remove a condition from a previous sign appeal (File #12-G0234) limiting the site to one freestanding sign

 

This property, known as The Forks, is located southwest of the intersection of Highway 287 and Red Feather Lakes Road/County Road 74E.  The building on the property was originally constructed as the Forks Hotel in 1875 and is currently operated as a convenience store and restaurant.

 

Because the property is zoned O – Open, Section 10.10 of the Land Use Code typically allows one six-foot tall freestanding sign per street frontage (maximum of two such signs per property) with each sign limited to 32 square feet per sign face.

 

In 2012, the Board of County Commissioners approved an appeal (File #12-G0234) to allow  a 20-foot tall, 90 square foot sign along the Highway 287 frontage.  A condition of that approval was that only one freestand sign shall be allowed on the property.  That condition is proposed to be removed through this appeal process.

 

The proposed sign would also be on the Highway 287 frontage, would be six feet tall and 60 square feet, including the base and frame of the sign.  The sign would contain historical information about the Livermore area and would be paid for by the Livermore Women’s Club.  Attachments to this report illustrate the proposed sign design and content.

 

The Development Services Team finds that approval of the proposed appeal is consistent with the purpose and intent of the Land Use Code, that there are extraordinary circumstances on the site which would result in an undue hardship on the property owner if Section 10 were strictly enforced and approval of the appeal would not result in an economic or marketing advantage over other businesses which have signs which comply with Section 10 of the Land Use Code.

 

The Development Services Team recommends approval of Jennings Sign Appeal, File #14-G0266.

 

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.

 

1.         GLACIER VIEW MEADOWS 12TH LOTS 66 & 67 LOT CONSOLIDATION/EASEMENT VACATION FILE#14-S3237:   This is a request for approval to combine two adjacent lots, Lots 66 and 67, Glacier View Meadows 12th  Filing, into one lot and vacate the common lot line easements between the two lots.  The lots currently access Snake Mountain Court and Meadow Mountain Drive.  When combined, Snake Mountain Court will be the access point.  Both lots are owned by the same people.  There is currently one existing single-family residence on Lot 66 and Lot 67 is vacant. 

 

The following agencies have stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; The Larimer County Engineering Department; The Larimer County Assessor’s Office; and the Larimer County Addressing Coordinator.

 

The Glacier View Fire Protection District sent comments asking for accommodations if the access point will be from Meadow Mountain Drive.  The proposed access point is from Snake Mountain Court and not Meadow Mountain Drive so no conditions of approval are proposed.

 

The proposed Glacier View Meadows 12th Filing Lot Consolidation for Lots 66 and 67 and easement vacation will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots and no other services will be affected.  The staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Lot Consolidation for the Glacier View Meadows 12th Filing Lots 66 and 67 and easement vacation (File # 14-S3237) subject to the following conditions:

 

1.   All conditions shall be met and the final resolution of the County Commissioners recorded by January 28, 2015, 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.    The reconfiguration of the lots lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.

 

Ms. Gimeson presented the request as described above.

 

Applicant Lisa Garcia explained that they recently purchased the adjacent property in order to prevent any one else building on it, and now they simply wish to combine the two parcels. 

 

Chair Donnelly opened up the hearing for public comment and Eric Sutherland addressed the Board.  Mr. Sutherland stated that it appeared at least one commissioner had accepted gifts in relation to a land use item, and questioned the Board regarding this possibility.  Chair Donnelly asked if this was relevant to the item currently being discussed, and Mr. Sutherland stated that it was not. 

 

Chair Donnelly closed public comment.   

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the lot consolidation and easement vacation for the Glacier View Meadows 12th Filing, Lots 66 and 67, and easement vacation, File #14-S3237.

 

Motion carried 3-0.

 

 

TUESDAY, JULY 29, 2014

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Linda Hoffmann.   Chair Donnelly presided and Commissioners Johnson and Gaiter were present. Also present were: Lorenda Volker, and Donna Hart, Commissioners’ Office; Gary Buffington, and Kerri Rollins, Natural Resources Department; Peter Kast, Open Lands Advisory Board; Gary Darling, Criminal Justice Division; Mark Peterson, Charlie Johnson, and Traci Shambo, Engineering Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Donnelly asked for public comment, and the following individuals addressed the Board:  Nancy West, Mary Banken, K-Lynn Cameron, Mel Hilgenberg, Linda Stanley, and Kelly Ohlson.

 

Chair Donnelly then opened the hearing with the Pledge of Allegiance.

 

1.         APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 21, 2014:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of July 21, 2014.

 

Motion carried 3-0.

 

2.         REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 4, 2104:  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 following documents, as listed on the consent agenda: 

 

07292014A001           PUBLIC WORKS CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COULSON EXCAVATING COMPANY, INC

 

07292014A002           RIVER GLEN LIFT STATION AND FORCE MAIN AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND INTEGRATED WATER SERVICES, INC

 

07292014A003           PUBLIC WORKS CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND AYRES ASSOCIATES, INC

 

07292014A004           PUBLIC WORKS CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ANDERSON CONSULTING ENGINEERS

 

07292014R001           RESOLUTION REGARDING EXTENSION OF APPROVAL FOR THE AMENDED PLAT OF MCCARTHY SUBDIVISION LOT 1 – FILE #13-S3171

 

MISCELLANEOUS:   Additional School Resource Officer for Poudre School District; Warranty Memorandum for Huang Planned Land Division; Colorado Department of Labor and Employment Grant Closeout Signature Page; Findings and Order – Flower Power Botanicals.

 

LIQUOR LICENSES:  The following licenses were approved and issued:  Supermarket Liquors – Retail Liquor Store – Fort Collins; Charco Broiler – Hotel & Restaurant – Fort Collins.

 

Motion carried 3-0.

 

4.         RESOLUTION TO EXTEND AND AMEND THE HELP PRESERVE OPEN SPACES SALES TAX INITIATIVE:  Mr. Buffington, Ms. Rollins, Ms. Stanley, and Mr. Kast explained the efforts and measures they have taken thus far, to help preserve the Open Space Sales Tax, and presented the resolution for the Board to consider placing this on the November ballot.   The Board wholeheartedly supported this measure and commended all involved for their time and energy spent advocating it.  

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Resolution Extending and Amending the Help Preserve Open Spaces Sales and Use Tax; setting the ballot title and issue for the November 4, 2014 election, and referring the ballot title and issue to the November 4, 2014 ballot.

 

Motion carried 3-0.

 

07292014R002           RESOLUTION DESCRIBING A PROPOSAL FOR THE EXTENSION OF A 0.25% COUNTYWIDE SALES AND USE TAX FOR OPEN SPACE, NATURAL AREAS, WILDLIFE HABITAT, PARKS AND TRAILS PURPOSES; AMENDING CERTAIN PROVISION OF THE HELP PRESERVE OPEN SPACES INITIATIVE; AND CALLING AN ELECTION ON THE SAME

 

5.         LETTER TO JOHNSTOWN REGARDING POTENTIAL IMPACTS TO COUNTY ROADS:    Mr. Peterson explained that proposed growth in Johnstown may have negative impacts to certain county roads, and he requested that the Board voice concerns about the potential impacts via a letter to the Mayor of Johnstown.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the letter to Johnstown, as amended.

 

Motion carried 3-0.

 

6.         WORK RELEASE CAPACITY SURPASSES STAFFING LEVELS:    Mr. Darling explained that Work Release projections suggest that capacity will by exceeded by at least 38 offenders starting in August; therefore, he noted that they will be utilizing three temporary correctional service workers from August through December 2014.  Mr. Darling further explained that they will absorb these costs within their operating budget, and this is purely informational in nature.  No action was taken by the Board.

 

7.         RESOLUTION CALLING ELECTION AND CERTIFYING BALLOT TITLE FOR A COUNTY-WIDE SALES AND USE TAX FOR FINANCING A NEW ANIMAL CARE AND CONTROL FACILITY:   Ms. Haag, Judy Calhoun of the Humane Society, and Lucia Liley, attorney for the Humane Society, presented the resolution proposing a ballot question to impose a 0.1% countywide sales and use tax to fund construction of a new animal shelter facility on land currently owned by the Humane Society.  Ms. Haag noted that, once constructed, the Humane Society would assume full ownership and responsibility for the entire facility.  The Board supported this proposal. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Resolution Calling Election and Certifying Ballot Title for a County-wide Sales and Use Tax for financing a new animal care and control facility, as required by 29-2-104(4) C.R.S.

 

Motion carried 3-0.

 

07292014R003           RESOLUTION CALLING ELECTION AND CERTIFYING BALLOT TITLE FOR A COUNTY-WIDE SALES AND USE TAX FOR FINANCING A NEW ANIMAL CARE CONTROL FACILITY

 

 8.        WORKSESSION:  Ms. Hoffmann updated the Board on various items she is currently working on. 

 

9.         COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities at events during the past week.

 

10.       LEGAL MATTERS:   There were no legal matters to discuss.

 

The meeting adjourned at 10:50 a.m.

 

 

 

 

 _______________________________

TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Gael M. Cookman, Deputy Clerk