MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner. Chair Gaiter presided and Commissioner Donnelly was present. Also present were: Clint Jones, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.
Chair Gaiter opened the hearing with the Pledge of Allegiance.
Chair Gaiter noted that there were two items on consent, which would not be discussed unless requested to do so by the Board, staff, or members of the audience. A member of the audience requested item number 2, the Overland Ponds Special Review Time Extension, be pulled from the consent agenda for discussion. Item 1 remained on consent:
1. COUNTY ROAD 1 RIGHT OF WAY VACATION, FILE #15-Z1959: The applicant proposes that the County vacate the historic ROW for County Road 1 north of County Road 12. The alignment of the road as shown in an historic document has a direct N/S alignment. The road veers into Weld County to avoid Abrams Lake and the intersection CR 12 is approximately 750 feet into Weld County. The road ROW is unused from the point that it moves to the east north of the lake to the intersection point with CR 12. The applicant proposes vacation of the unused section of 30 ROW.
Other review agency comments: Utility providers have not noted any issue with this request.
Summary and conclusions: The ROW does not provide access, is not currently utilized, and does not connect to the public ways. No individual or agency has commented with a concern or issue. Therefore, the Development Services Team recommends approval of the County Road 1 ROW vacation subject to the following condition:
1. The vacation of the easement shall be finalized at such time as the findings and resolution of the County Commissioners are recorded.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approved the consent agenda, as amended and outlined above.
Motion carried 2-0.
2. OVERLAND PONDS SPECIAL REVIEW TIME EXTENSION, FILE #02-Z1436: This is a request to amend the conditions of approval and development agreement to extend the time to complete mining until August 31, 2015. The Overland Ponds Special Review was originally approved in 2003 and included several conditions of approval. With respect to the commencement of mining, the applicant was to notify the County and mining was to be completed within 10 years.
#4. Except for delays created by fire, flood accident, war, riots, insurrections, states of emergency and acts of God beyond the control of the applicant, mining and extraction shall be completed no later than 10 years from the date sand and gravel is first conveyed to the primary crusher (know below as the “from first conveyance of sand and gravel) and reclamation shall be completed within two years of the date of completion of mining in phases. The applicant will notify the County Planning Department of intent to begin operation, in writing, thirty days prior to the first conveyance of sand and gravel. Within 3 working days of first conveyance of sand and gravel, the applicant will notify the County Planning Department of that fact in writing.
The Development Services Team recommends approval of the Overland Ponds Special Review Time Extension Amended Condition, File # 02-Z1436, subject to the following conditions:
1. All conditions of the original and amended approvals shall continue to apply as appropriate and unless modified by this approval.
2. Extend the time to complete mining to August 31, 2015.
Mr. Helmick briefly explained the item, as outlined above, noting the six month extension is the only change to this application.
Julie Mikulas, representative for Martin Marietta Materials, confirmed what Mr. Helmick explained, and noted that they will meet the expectations and deadlines.
Chair Gaiter opened up the hearing for public comment and the following individuals addressed the Board: Karen Hare, Clark Sand, and Val Vogelar. All commented on the negative impact the trucks hauling aggregate cause, in terms of gravel and dirt that clog the bike lanes, making them unsafe for the public. They requested that the Board include a condition to have Martin Marietta Materials responsible for sweeping the bike lanes as necessary.
Chair Gaiter closed public comment, and Ms. Mikulas had no further rebuttal. Some discussion ensued and the Board agreed to support the request for extension.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the Overland Ponds Special Review Time Extension, File #02-Z1436, subject to the conditions as outlined above.
Under discussion of the motion, Chair Gaiter made a friendly recommendation to the Martin Marietta Materials company, and encouraged them to take the neighbors concerns into account.
Motion carried 2-0.
3. TOLAND MINOR LAND DIVISION, FILE #15-S3281: This is a request for a Minor Land Division to create four lots of .62, .52, .46 and .28 acres from an existing parcel of 2.25 acres. One home exists on the property and two were destroyed in the 2013 flood.
This Minor Land Division is proposed to allow the owner to recover some losses associated with the 2013 flooding. The owner has previously worked with the Planning Department in 2010 to complete a non-conformity determination on the property. That non-conformity decision determined there were three dwellings all legal non-conforming and two separate parcel also both legal, one of which was vacant. In the time since that determination, the owner had worked on the dwellings to address some Building Code issues and repairs. It was also noted at that time that separating the dwellings or using the vacant property would present technical challenges, due to the size of the property, it physical characteristics and the proximity to the river and ditch.
The property’s north boundary is the Big Thompson River and to the south the Handy Ditch is a part of the boundary with a small area across the ditch fronting on the county road. In the flooding, two of the dwellings and their septic systems were completely destroyed and the landform changed substantially. Only a very small part of one of the destroyed dwellings was touched by any flood designation so no flood insurance existed on the property. The owner has also had some life changing events in the interim. The applicant has made this proposal as a method to become “whole” with their losses associated with the property. Based on the original non-conformity determination, and a subsequent determination regarding rebuilding after the flood, the applicant is proposing a four lot Minor Land Division. This would create a lot for each of the existing/pre-existing dwellings and on additional lot to use the “credit” for a vacant parcel.
The Development Services Team has evaluated this request and finds that with certain conditions recommended this request meets the approval criteria for a Minor Land Division. Specifically the Team finds:
· The proposal is neither in a subdivision plat of previously approved exemption.
· The lots proposed do not meet the minimum lot area required in any of the three zoning districts associated with the property and would need to have approved lot size appeals.
· An analysis of the lot size appeals reveals that it can be supported if the concerns of the Health Department are dealt with as suggested.
· The access and traffic impacts do not change with this proposal.
· The applicant proposes four lots which is not supported by the lot area and previous use of the lot.
The Development Services Team recommends that if the Board of County Commissioners determines to approve the Toland Minor Land Division, File #15-S3281, it should be subject to the following conditions and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:
- All conditions of approval shall be met and the final plat recorded by September 23, 2015, or this approval shall be null and void.
2. Prior to the recordation of the final plat, the application shall make technical corrections required by the Larimer County Engineering Department.
- The plat shall be revised to reflect the needed dedication of ditch easement for the Handy Ditch. This shall be 25 feet from the top of bank on either side of the ditch. The applicant shall also enter into the agreement with the ditch company as they have suggested.
- The plat shall be titled as an exemption from Subdivision.
- The conditions 1-3 of the memo dated March 20, 2015, from Doug Ryan, Larimer County Department of Health and the Environment are conditions of the approval
Mr. Helmick explained the application, as outlined above. He noted that the existing well can support the three homes, and that shared leach fields are also a possibility for the home sites. Discussion ensued regarding the applicants request for four lots; however, the Planning Department only supports three lots.
The applicant, Ms. Toland, addressed the Board and explained that she is agreeable to three lots instead of four. She noted that it is a risk to rebuild the cottages; however, due to her financial hardships after the flood, it is a risk that she is willing to take. Ms. Toland stated that she is not agreeable to condition 3, which states that she must enter into a separate agreement with the ditch company; she noted that she will legally abide by what is required from the county and the Land Use Code, but does not see the need for a separate agreement.
Chair Gaiter opened up the hearing for public comment and Brad Johnson from the Handy Ditch Company and his attorney, Randy Starr, addressed the Board. Mr. Johnson stated that Ms. Toland has not kept the ditch company informed of this subdivision process, nor has she responded to the agreement they sent to her. They outlined the area of the Lane Use Code where it explains that Ms. Toland is responsible for paying attorney fees for the ditch company for their representation on this matter.
James Engelmann III, adjoining neighbor, stated his opinion that there is simply not enough room for four homes and septic on the property.
Chair Gaiter closed public comment.
Ms. Toland stated that she was under the impression that the ditch company would be notified of the subdivision process from the Planning Department, as part of the application process, and that she was not trying to avoid communication with the ditch company.
Much discussion ensued. Both Chair Gaiter and Commissioner Donnelly agreed that the application is problematic in numerous areas including the number of lots in question, concerns with placement of the septic system, the pending agreement with the ditch company, determining the adequate access easement for the ditch company, etc. Therefore, the Board agreed to table this item in order to give the applicant time to work with the ditch company and the Planning Department to resolve these issues.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners table the Toland Minor Land Division application, File #15-S3281, to April 6, 2015, at 3 p.m.
Motion carried 2-0.
The hearing adjourned at 5:10 p.m.
TUESDAY, MARCH 24, 2015
ADMINISTRATIVE MATTERS MEETING
The Board of County Commissioners met at 9:00 a.m. with Lorenda Volker, Assistant County Manager. Chair Gaiter presided and Commissioners Johnson and Donnelly were present. Also present were: Linda Hoffmann, Neil Gluckman, Donna Hart, and Deni LaRue, Commissioners’ Office; Joni Friedman, and Jacob Castillo, Workforce Center; Rocky Scott, and Bruce Biggi; Northern Colorado Economic Alliance; and Gael Cookman, Deputy Clerk.
Chair Gaiter opened the meeting with the Pledge of Allegiance.
1. PUBLIC COMMENT: Eric Sutherland addressed the Board for public comment.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 16, 2015:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of March 16, 2015, as presented.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 30, 2015: Ms. Hart reviewed the upcoming schedule with the Board.
4. CONSENT AGENDA:
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as outlined below:
03242015A001 FY15 HIRE FOR COLORADO BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT
03242015A002 FEMA HAZARD MITIGATION GRANT PROGRAM GRANT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO DEPARTMENT OF PUBLIC SAFETY DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT
03242015R001 FINDINGS AND RESOLUTION APPROVING THE SUNDANCE TRAIL PAVING APPEAL
03242015R002 FINDINGS AND RESOLUTION APPROVING THE FORT COLLINS WATERWORKS PAVING APPEAL
03242015R003 RESOLUTION RELEASING LOT SALE PROHIBITION ON LOT 2 OF THE SILVER REEF R.L.U.P. 14-S3208
MISCELLANEOUS – Conveyance of permanent drainage easement under Highway 66.
LIQUOR LICENSES: The following licenses were approved and/or issued: Senor Rafeal at the Mexican Inn – Hotel and Restaurant – Loveland; Pot Belly Restaurant and Lounge – Tavern – Red Feather Lakes; Harmony Angels Foundation – Special Event 6% - Fort Collins; The Inn and Whiskey Belle Ranch – Bed and Breakfast 6% - Livermore.
Motion carried 3-0.
5. COMMENTS FROM COMMISSIONERS’ GUESTS: No guests were present.
6. ACKNOWLEDGE KAREN WEITKUNAT FOR HER SERVICE AS MAYOR OF FORT COLLINS: The Board acknowledged Mayor Weitkaunat for her long and distinguished career in serving Fort Collins as Mayor, and for serving Larimer County in a variety of positions. They presented her with a certificate of appreciation and praised her for creating such special relationships with all those she encountered.
7. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities during the previous week.
8. WORKSESSION: Ms. Hoffmann requested the Board’s approval and signatures on a letter of support for the Resiliency Program, which will set the framework for flood and fire recovery in order to be more resilient again future disasters. The Board approved this request.
9. NORTHERN COLORADO ECONOMIC ALLIANCE UPDATE: Mr. Scott and Mr. Biggi briefed the Board on the progress made by the Northern Colorado Economic Alliance in identifying gaps; they noted that the most important common goal for all involved is to create a “brand” for Northern Colorado and a marketing strategy that will encourage and highlight the economic opportunities in Northern Colorado. They noted that local businesses will fund this effort, and although government is a partner, they are not looking for taxpayer dollars to support this endeavor. Some discussion ensued.
10: LEGAL MATTERS: There were no legal matters to discuss.
The meeting adjourned at 9:55 a.m.
LEW GAITER III
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk