MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioner Johnson was present. Also present were: Clint Jones, Engineering Department; Rob Helmick and Brenda Gimeson, Planning Department; Doug Ryan, Health and Environment Department; Jeannine Haag, County Attorney’s Office; and Dana Polley, Deputy Clerk.
Chair Gaiter opened the hearing with the Pledge of Allegiance.
Mr. Lafferty explained that the applicant for item #1, Spring Green Planned Development and Planned Land Division Preliminary Plat 3rd Time Extension, file #03-S2210, abandoned this project and has withdrawn his application.
Ms. Gimeson addressed the Board regarding condition #2 listed under staff’s recommendations for item #3, Hiawatha Heights Lots 4, 6, 9 Block 28 Amended Plat, file #15-S3284. She requested the condition be changed to read: Prior to recordation of the plat, the applicant must demonstrate that either an easement has been granted from the neighboring property owner for access to the well or demonstrate that the well is located on the amended lot and that the well location amendment was submitted and approved by the Colorado Division of Water Resources.
Chair Gaiter then noted that there were three items on the consent agenda, which would not be discussed unless requested to do so by the Board, staff, or members of the audience.
3. HIAWATHA HEIGHTS LOTS 4, 6, 9 BLOCK 28 AMENDED PLAT, FILE #15-S3284: This is a request to amend a plat to correct a lot division and reflect true ownership boundaries. The request is for an Amended Plat of Lots 4, 6 and 9 of Block 28, Hiawatha Heights. This property is located in the Red Feather Lakes area, north of County Road 74E, off of Grandview Drive and is in the Hiawatha Heights Subdivision. The Hiawatha Heights Subdivision was recorded in 1925. The property is currently zoned O-Open and that will remain the same.
There are currently 2 lots and part of another lot owned by the applicants. The request is to amend the boundary of the lots and complete a lot consolidation with the other lots. This will correct an illegal lot division that was done with the lot to the south (Lot 4, Parcel #30282-13-004). Even though the Lot 4 owners are not part of this application, because the portion of Lot 4 that was illegally divided is being combined with another legal parcel and no new lots are being created that would allow an additional single-family residence, this amended plat will correct the illegal division and make all parcels legal lots. All covenants, deed restrictions and other conditions which applied to the original subdivision will continue to apply. This proposal meets the review criteria.
Staff finds that the proposed Amended Plat for Lots 4, 6 and 9 of Block 28, Hiawatha Heights meets all conditions of approval stated in Section 5.7.3 of the Larimer County Land Use Code. Staff finds that with the conditions as listed below, the request meets the requirements of the Larimer County Land Use Code.
Therefore, the Development Services Team recommends approval of the Amended Plat of Lots 4, 6 and 9 of Block 28, Hiawatha Heights, file #15-S3284, 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:
1. All conditions of approval shall be met and the Final Plat recorded by October 6, 2015, or this approval shall be null and void.
2. Prior to recordation of the plat, the applicant must demonstrate that either an easement has been granted from the neighboring property owner for access to the well or demonstrate that the well is located on the amended lot and that the well location amendment was submitted and approved by the Colorado Division of Water Resources.
3. Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by Assessor’s staff, Planning staff and Brian Helminick, Land Surveyor of the Larimer County Engineering Department.
4. JAMES DAY MINOR LAND DIVISION AND HILL CONSERVATION DEVELOPMENT AMENDED PLAT, FILE #15-S3283: This is a request to amend the plats of the James Day Minor Land Division and the Hill 2 Conservation Development to add approximately 4.5 acres to Tract 1 of the James Day Minor Land Division from Residual Lot C the Hill 2 CD.
The property owners acquired these properties in 2006 and have occupied them since that time. The residential lot in the James Day Minor Land Division was originally approved as a small lot at 2 acres and this request expands the area of the lot to allow for accessory agricultural uses, which are occurring on the adjacent area of Residual Lot C. This will allow the property owners to sell the lots without retaining an easement for the agricultural support structures, which have been located there. This change does not affect the Hill 2 CD or the restrictions established on the residual lots that were created by the plat.
Based on the review criteria, the Development Services Team recommends approval of the Tract 1 James Day Minor Land Division and Residual Lot C of the Hill 2 Conservation Development Amended Plat, file #15-S3283, 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:
1. 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 applicant shall make the technical corrections required by Brian Helminiak, Land Surveyor of the Larimer County Engineering Department.
3. A 60-foot wide access easement shall connect across the new Lot 1 and connect CR 54 to the Revised Residual Lot C.
4. The new residential lot shall be renamed to Lot 1 and the tract designation shall be removed.
5. LYONS SANDSTONE QUARRY SPECIAL REVIEW, FILE #14-Z1937: This is a review of a Special Review for an existing sandstone mining and rock product/finishing operation and expansion of the processing operations.
This request was presented to the Larimer County Planning Commission on the consent agenda with one change to remove a condition related to the payment Transportation Capital Expansion Fees (TCEF), the Larimer County Planning Commission recommended approval and it remained on the agenda as a consent item.
The Planning Commission recommends to the Board of County Commissioners approval of the Lyons Sandstone Quarry Special Review, file #14-Z1937, subject to the following conditions:
1. This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.
2. The site shall be developed consistent with the approved plan and with the information contained in the Lyons Sandstone Special Review, File #14-Z1937, 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 Lyons Sandstone Special Review.
3. Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.
4. This application is approved without the requirement for a Development Agreement.
5. In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review, applicant agrees that in addition to all other remedies available to the County, the County may withhold building permits, issue a written notice to the applicant to appear and show cause why the Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review. All remedies are cumulative and the County’s election to use one shall not preclude use of another. In the event the County must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, the applicant agrees to pay all expenses incurred by the County including, but not limited to, reasonable attorney’s fees.
6. County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.
7. 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, assignees or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.
8. The applicant shall prepare an advisory to be distributed to truck drivers regarding the use of air brakes. This shall specifically note the desire to limit their use through the neighborhoods but not compromise safety.
9. Crusher hours shall be limited to the hours of 7 a.m. to 6 p.m., Monday through Friday
10. Maintenance plan for roads the applicant shall work with the Engineering Department to develop plans for identification of the maintenance needs on CR37E and Blue View Road focused on surface condition and dust control.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda, as amended, and outlined above.
Motion carried 2-0.
Regarding item #2, Toland Minor Land Division, file #15-S3281, Chair Gaiter explained that this item will be re-tabled due to Commissioner Donnelly’s absence from this hearing. In order to provide the applicant with a fair hearing, all three commissioners need to participate. Chair Gaiter sincerely apologized on behalf of the County for tabling this item a second time.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners table item #2, Toland Minor Land Division, file #15-S3281, until April 20, 2015, at 3:00 p.m.
Motion carried 2-0.
The hearing adjourned at 3:25 p.m.
TUESDAY, APRIL 7, 2015
The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Gaiter presided and Commissioner Johnson was present. Also present were: Deni LaRue and Donna Hart, Commissioners’ Office; and Dana Polley Deputy Clerk.
Chair Gaiter opened the meeting with the Pledge of Allegiance.
1. PUBLIC COMMENT: Gregg Leverett addressed the Board regarding several issues. Chair Gaiter warned Mr. Leverett that many of his comments were not relevant to the county and if he mentions these items in the future his time will be terminated.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 30, 2015:
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of March 30, 2015, as presented.
Motion carried 2-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 13, 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:
04072015A001 AMENDMENT V GENERAL CONSTRUCTION SERVICES AGREEMENT REGARDING RFT #11-17 BY AND BETWEEN LARIMER COUNTY AND AP MOUNTAIN STATES LLC DBA ADOLFSON & PETERSON CONSTRUCTION
04072015A002 UNIVERSAL MEMBERSHIP AGREEMENT SCHEDULE A – THE WORK NUMBER EXPRESS SOCIAL SERVICE FEES AND SERVICE DESCRIPTION BY AND BETWEEN LARIMER COUNTY AND TALX CORPORATION
04072015D001 DEED OF DEDICATION – ROBERT D. JOHN, JR. AND LINDA E. JOHN
MISCELLANEOUS: Recommended Mid-Term Appointment of Edith Gause to Red Feather Lakes Library District Board of Trustees to fill the unexpired term of David Christopher through December 31, 2015; Recommended Appointment of Debra Hawkins to the Red Feather Lakes Library District Board of Trustees beginning January 1, 2015 through December 31, 2017.
Motion carried 2-0.
5. COMMENTS FROM COMMISSIONERS’ GUESTS: There were no guests present for comment.
6. COUNTY MANAGER WORKSESSION: Ms. Hoffmann explained that there are two meetings in Denver this week to continue discussion on flood recovery. One will be with the State to discuss the uniqueness of Larimer County’s private roads and what the recovery of these roads entail. The second meeting is the regular monthly advisory meeting where they will discuss how to improve tracking of spending for flood recovery.
7. BOYS AND GIRLS CLUBS OF LARIMER COUNTY UPDATE: Kathi Wright, Executive Director, shared the mission of the Boys and Girls Club and briefly discussed the many programs they provide. Rob Stumbaugh and Shane Houska, Board of Director volunteers, joined Ms. Wright in describing their expected growth for the future.
Some discussion followed regarding the expansion of Boys and Girls Clubs throughout Larimer County.
8. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities during the previous week.
9. LEGAL MATTERS: There were no legal matters to discuss.
The meeting adjourned at 9:55 a.m.
STEVE JOHNSON Pro -Tem
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Dana S. Polley , Deputy Clerk