The Chaffee Board of County Commissioners (BoCC) regular session, while a relatively short agenda, included them reconvening as the Chaffee Board of Appeals to review a tax abatement question, and as the BoCC making unanimous decisions to file enforcement actions in two land use zoning violation situations.
Laura Pagor in her new kitchen at her home in the Two Rivers development.
A review of the request from the Two Rivers Homeowners Association (HOA) was for the county to reconsider how property tax is applied not just to the private property within the development, but how the shared outlot property within the development (two narrow strips of land, plus a parcel containing the community pavilion) is to be taxed.
The HOA contends that the outlots are a shared ownership interest that should be divided among all owners.
“This assessment should be divided between all HOA members,” said County Attorney Daniel Tom.
“If the association pays the tax, then basically all members are contributing to that to pay the tax, versus dividing the interest,” said Commissioner Greg Felt.
“Is it an issue of a double tax, if each lot has paid the tax,” asked Commissioner P.T. Wood.
The commissioners unanimously agreed to continue the session to their December 12 BoCC meeting to allow them time to review the background.
Module 1 of the Chaffee LUC is complete, and Module 2 is underway. the next section will be completed by new planning consultants Fairfield and Woods.
Update on County Progress on LUC
A schedule update on the progress in updating the Chaffee Land Use Code (LUC) was postponed and the meeting notice (which has been continued multiple times) will be allowed to expire.
Planning Director Miles Cottom updated the BoCC, noting the county has switched consultants to Fairfield and Woods and that he met with them on Monday for a three-hour input meeting to get them up to speed.
“It is not prudent to have a public hearing today; let this notice expire, and then re-notice [the hearing] once we know a date. They plan to provide an outline to us — and I think a meeting in early January and canceling the December session makes sense.
“There is no action required,” said Baker. “It will be allowed to expire and will be properly re-noticed.
Enforcement Actions for Zoning Violations
The BoCC discussed two major land use code violations, where people are living in RVs and campers on site; one parcel (in a commercial zone which appears to have been turned into a salvage yard) is on CR314. The other property is zoned residential.
The BoCC reviewed them individually, and both were properly notified and asked for a plan to resolve the violations. Neither has responded and the request from the Planning Office was to move this to the county attorney’s office for civil action. The property at 12765 CR 314 is in commercial zoning. It was sent a cease and desist notice on Nov. 19 and a hearing notice on November 22.
Zoning violations of this magnitude are subject to fines of $100/day.
“Technically we don’t want the fines — we want compliance. We’ve contacted them several times,” said Tom. “The back portion of the property on U.S. 24 and U.S. 285 is 80 percent full … This is an issue the neighbors want addressed.”
Felt made the motion to initiate civil proceedings “and use his discretion on timing”. Wood seconded and it passed unanimously.
The second 2.25-acre property at 29635 CR357 is zoned residential. It holds multiple trailers and RVs being used for habitation, but most appear to be junk vehicles — “They’re not operating under their own power.” The county building department referred to the situation as “a salvage yard” and added this is not allowed in the zoning district… they are “campgrounding – that is a violation.”
The original notice was sent July 13 and a second letter was sent September 26. The planning department noted the response was the junk vehicles were moved further back into the lot. “I couldn’t get back there. I was hopeful, but they just hid it better — it is noticeable from CR350 and CR357.”
Wood made the motion to proceed with legal action, Felt seconded, and it passed unanimously.
Agricultural Conservation Easement Endorsed
The BoCC unanimously approved a motion to terminate the temporary agriculture conservation easement on a parcel of working ranch land owned by the Lewis family, to be replaced by a permanent conservation easement. Members of the Central Colorado Conservancy, which has been working with the family since it elected to set up the temporary easement explained the process.
“The community conservative five-year program gives families time to do succession planning, keeping our working lands working,” said Mandy McDermott. “The Lewis family has decided to turn it into a permanent conservation agreement to exist in perpetuity and for tax reasons, the family wanted to get it done before year-end.”
“I’m excited to see this happen,” said Commissioner Wood. “This a great outcome; any opportunity we have to preserve these ag lands is a win for the county.”
Wrapping up the meeting, the BoCC briefly commented on the need to issue a statement following Governor Jared Polis’s public statements asking local governments to step up and help ease the upcoming tax burden on Colorado property owners. The BoCC pointed out that the fact is — the county already is.
“We are well aware of what the governor has asked, we’ve been doing that already for years, property taxes are held in check by TABOR since we are not “de-Bruced,” said P.T. Wood. “We are doing our part already for property owners in the county.”
“We could collect approximately $11 million [in property taxes]” said Finance Director Dan Short. “And we are leaving about $6.5 million on the table that we don’t collect.”
The BoCC did go on record saying that it will get out a statement to the public reiterating what it already does to alleviate Chaffee County property taxes.
The BoCC voted unanimously to cancel its December 19 meeting, making the December 12 regular meeting its final public meeting of the year.
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