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 Pro-tem Johnson presided and Commissioner Donnelly was present. Also present were: Rob Helmick, Tracy Shambo, Brenda Gimeson, and Terry Gilbert, Planning Department; Doug Ryan, Health and Environment Department; Jeannine Haag, County Attorney’s Office; and Denise Ruybal, Deputy Clerk.
Chair Pro-tem Johnson opened the hearing with the Pledge of Allegiance. 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. Mr. Lafferty stated that no one was present in opposition to item #5, the Schegel Appeal, and asked that it be moved to the consent agenda:
1. AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE SECTION 5.8 RURAL LAND USE PROCESS, FILE #15-CA0151: This is a request to modify section 5.8.5.B.1.a of the Rural Land Use Process to remove the membership requirements of the Rural Land Use Advisory Board and place those requirements into the by-laws instead.
In May, 2014, The Rural Land Use Advisory Board (RLUAB) requested to make a recommendation to the County Commissioners to reduce the size of the RLUAB to seven members instead of nine. The reason stated is: When the RLUAB was first developed, there was quite a bit of controversy surrounding projects. The 35-Acre Task Force at that time and the Board of County Commissioners’ wanted a large board. However, it is getting difficult to get nine people to serve on the board. Therefore, the RLUAB would like changes to be made that gives the Commissioners the flexibility to have between seven to nine members instead of requiring nine, and would like the number representative of a quorum to be lowered as well.
When the request was made, it was discovered that the membership requirements were not listed in the bylaws at all, but rather listed in the Rural Land Use Process under Section 5.8.5.B.1.a of the Larimer County Land Use Code. Section 5.8.5.B.1.a states: Rural Land Use Advisory Board (RLUAB): The County Commissioners will appoint the RLUAB. The RLUAB will be comprised of nine members who will serve three-year staggered terms.
Accounts from staff indicate that at the time of the adoption of the Rural Land Use Process, no by-laws existed, so therefore, no document was in place to put the membership requirements into, so they were placed in the Rural Land Use Process.
The Rural Land Use Advisory Board would like to be able to govern themselves, as all other Boards in the County, so they have requested the Land Use Code be changed to remove this requirement from the code and place the membership requirements to the bylaws instead.
The RLUAB met on Monday, February 2, 2015, to make a recommendation on the proposed Section 5.8.5 Land Use Code changes and the proposed RLUAB By-law changes. The RLUAB unanimously recommended approval of both proposed documents.
There are two review criteria for amendments to the text of the Land Use Code:
1. The proposed changes are consistent with the Master Plan and the intent and purpose of the Land Use Code; and
2. The proposed changes are necessary to correct an omission or error in the Land Use Code.
Section 5.8.5. Creation of rural land use center.
1. The RLUC's purpose is to promote the purposes and objectives of the Larimer County Rural Land Use Process through negotiation. The following persons and groups will comprise the RLUC:
a. Rural land
use advisory board (RLUAB): The county commissioners will appoint the RLUAB.
The RLUAB will be comprised of nine members who will serve three-year staggered
terms. Appointments to the RLUAB by the board of county commissioners will
represent a cross section of the county
a. The Rural Land Use Advisory Board (RLUAB):
(1) Will make recommendations to the county commissioners regarding changes to the rural land use process.
(2) Will evaluate and provide a recommendation to the county commissioners regarding proposed preliminary rural land plans. RLUAB members are strongly encouraged to visit the landowner's property prior to the neighborhood meeting in order to provide input to the director of the RLUC at this early stage in the process.
(3) Will promote the principles, purposes, and objectives of the rural land use process.
Community Development Staff recommends to the Larimer County Planning Commission the adoption of the following findings with respect to these proposed housekeeping code amendments:
1. The proposed changes are consistent with the Master Plan and the intent and purpose of the Land Use Code.
2. The proposed changes are necessary to correct an omission or error in the Land Use Code.
Community Development Staff recommends that the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the proposed Section 5.8.5.B.1.a amendments to the Larimer County Land Use Code, File #15-CA0151.
2. CRYSTAL LAKES 6TH, LOTS 23 & 24, LOT CONSOLIDATION & EASEMENT VACATION, FILE #15-S3287 : This is a request for a lot consolidation to combine lots 23 and 24 of the Crystal Lakes 6th Filing, into one lot and vacate the 30’ utility easements along the common lot line. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.
The lots currently access Jicarilla and Zuni and those access points will be maintained. Both lots are owned by the same people. There is currently one existing single-family residence on lot 24. Lot 23 is vacant.
The proposed Crystal Lakes 6th Filing, lots 23 and 24 Lot Consolidation 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 Crystal Lakes 6th Filing, lots 23 and 24 Lot Consolidation and Easement Vacation, File #15-S3287, subject to the following conditions:
1. All conditions shall be met and the final resolution of the County Commissioners recorded by October 13, 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.
3. CRYSTAL LAKES 15TH, LOTS 24 & 26, LOT CONSOLIDATION, FILE #15-S3286: This is a request for a lot consolidation of lots 24 and 26 in Crystal Lakes, 15th filing, and to vacate the 10-foot utility easements along the common lines.
The applicant/owner in this request proposes this lot consolidation to permanently consolidate the lots for HOA and tax purposes. The resulting 2.8-acre lot will be larger than the required lot size in the E-Estate zoning district. This action combines two lots. The applicant has indicated that there are no easements but from a team perspective the plat is unclear so we suggest the proposal include vacation of the easements if they exist so common lot line utility easements be vacated which creates a large useable area.
The Development Services Team recommends approval of the Crystal Lakes 15th Filing, lots 24 and 26 Lot Consolidation, easement vacation, and vacation of the 10 foot utility easements located on the common lot lines file #15-S3286, subject to the following condition(s):
1. All conditions of approval shall be met and the final resolution recorded by September 12, 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 vacation of the utility easement and the reconfiguration of the lots lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.
4. MARTIN CONSERVATION DEVELOPMENT PRELIMINARY PLAT: This is a request for a preliminary plat of a conservation development to subdivide 60.00 acres into a 48-acre residual lot with three 2-acre lots, a 2.7-acre lot, including an existing residence and a 3.3-acre lot.
This request is for approval of a 5 lot Conservation Development on 60 acres which was on the Larimer County Planning Commission consent agenda and it remained on the agenda. One neighbor read a statement regarding the potential negative influence of locating lots on their common property lines and near her livestock. The Larimer County Planning Commission acknowledged her concerns and noted that Larimer County is a Right To Farm County and that a disclosure notice is required for all land divisions, which would put future lot owners on notice regarding agricultural uses.
The Larimer County Planning Commission and Development Services Team recommend Approval/Denial of the Martin Conservation Development Preliminary Plat, File #14-S3203, subject to the following conditions:
1. The final plat shall be consistent with the approved preliminary plat and with the information contained in the Martin Conservation Development Preliminary Plat, File #14-S3203, 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 Martin Conservation Development Preliminary Plat.
2. The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Regional and Community Park Fees (in lieu of dedication). The fee amount that is current at the time of building permit application shall apply.
3. All new residential structures shall be fire sprinkled.
4. All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation. The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table. Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.
5. Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.
5. SCHLEGEL APPEAL: This is a request to approve an exemption to the Conservation Development process and allow a subdivision of 42 acres into two lots, one of ten acres, and another of 32 acres.
The applicant proposes to divide their 42+ acre parcel of land to create an additional lot for their daughter and son-in-law. The Larimer County Land Use Code requires that such a land division be a Conservation Development, unless the Board of County Commissioners approves an exception or waiver to the provision and allows the division to occur as a subdivision. The applicant is requesting the Board of County Commissioners approve such an exception and allow him to process the request as a subdivision on this parcel. The site is located north of CR 56 and is partially affected by the flood plain of Dry Creek. A previous sketch plan for a Conservation Development would have placed three additional lots along the creek and drive backing to the rail line that serve the cement plant silos. The Conservation Development regulations do not allow the use of flood way land to calculate the density or the area of developed land and the location of the lots is not desirable from a number of standpoints. The applicant’s intent is to create a single new lot of 10 acres for his daughter in the northern portion of the property above the irrigation ditch on less productive and useful land. The “residual lot”, with the parents home on it would be approximately 32 acres and would be agricultural land and could be treated/restricted just is it would be in a Conservation Development.
The applicant has been through the Sketch Plan process and their next step is to submit a preliminary plan application. The decision of the Board of County Commissioners on this appeal will determine the course of action for the applicant. The request has been referred to adjacent landowners and to affected agencies without adverse comments.
The Development Services Team finds, with respect to this request for an exception to the Conservation Development requirements and lot size appeals the following:
· The lot location and adjacent uses suggest that a Conservation Development is not an appropriate pattern of development.
· The size of the parcel and the applicants limited development goals are best met through a subdivision.
· The site is not a part of a previously subdivided parcel.
· The development of the site as a subdivision will not negatively affect adjacent or nearby resources or properties.
Generally, the team supports appeals to the Conservation Development process based on the physical or topographic constraints of a site. In this case, the applicant presents a reasonable case and their general proposal. The Team further finds the lot size appeal consistent with the criteria, consistent with the intent of the code.
The Development Services Team recommends approval of the Schlegel Appeal, file #15-G0284 subject to the following condition:
1. A two lot subdivision as proposed by the applicant is the maximum that may be processed and proposed as a subdivision.
M O T I O N:
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as outlined and amended above.
Motion carried 2-0.
The hearing adjourned at 3:04 p.m.
TUESDAY, APRIL 14, 2015
ADMINISTRATIVE MATTERS MEETING
The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Pro-tem Johnson presided and Commissioner Donnelly was present. Also present were: Donna Hart, and Deni LaRue, Commissioners’ Office; Tim Hand, Joe Weilnau, and Jacob Hupp, Community Corrections Department; Marc Engemoen, Public Works Department; Suzanne Mallette, Rusty McDaniel, and Shelley Bayard de Volo, Engineering Department; Terry Gilbert, and Kristen Bothell, Planning Department; Candace Phippen, Code Compliance Department; and Denise Ruybal, Deputy Clerk.
Chair Pro-tem Johnson opened the meeting with the Pledge of Allegiance.
The meeting was then opened up to public comment giving citizens the opportunity to address the Commissioners regarding events and issues pertaining to Larimer County. No one was present to address the Board.
1. APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 6, 2015:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of April 6, 2015, as presented.
Motion carried 2-0.
2. REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 20, 2015: Ms. Hart reviewed the upcoming schedule with the Board.
3. CONSENT AGENDA:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as outlined below:
04142015A001 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY (CDBG-DR) INFRASTRUCTURE GRANT AGREEMENT BETWEEN STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS AND LARIMER COUNTY
04142015A002 SUBLEASE AGREEMENT BETWEEN LARIMER COUNTY AND ESTES VALLEY NON-PROFIT RESOURCE CENTER
04142015R001 LODGEPOLE INVESTMENTS SPECIAL REVIEW FINDINGS AND RESOLUTION
MISCELLANEOUS – Amended By-laws for Larimer County Rural Land Use Advisory Board #14-0S3208, approved on April 13, 2015.
LIQUOR LICENSES: The following licenses were approved and/or issued: Sandy’s Convenience Store – 3.2% Beer Retail – Fort Collins; Sundance Trail Guest Ranch – Retail Liquor Store – Red Feather Lakes; JJ’s Bar and Grill – Tavern – Fort Collins; Mishawaka Amphitheatre – Tavern - Bellvue.
Motion carried 2-0.
4. STAFF RECOGNITION FOR ALERTNESS AND DECIVENESS: Mr. Hupp reviewed an emergency situation in which Mr. Weilnau assisted a man showing the symptoms of a stroke. His attentiveness, promptness, and compassion probably saved this man’s life. Mr. Weilnau is a role model for their entire staff.
5. CELEBRATE LORI HODGES, DIRECTOR OF EMERGENCY MANAGEMENT RECENT COMPLETION OF MASTERS DEGREE PROGRAM: Ms. Hodges recently completed her second Master’s Degree in Arts and Security Studies which has to do with Homeland Security and Defense. This work is being well received in the emergency management community.
6. 2014 TRAFFIC SAFETY REPORT: Ms. Mallette reviewed the annual Safety Report with the Board of Commissioners. Crashes on county roads have increased 17% since last year’s report. The County’s goal is to decease the number of crashes and their severity by improving shoulder drop offs, adding rumble strips, adding roundabouts, installing, relocating, and upgrading signage, trimming vegetation, and increase awareness. The 2014 Traffic Report is available on the County’s website.
7. ADOPTING THE HUD-FEMA-SHPO PROGRAMMATIC AGREEMENT ADDENDUM AS A HUD RESPONSIBLE ENTITY: Mr. McDaniel and Ms. Bayard de Volo reviewed with the Board of Commissioners that all federally funded 2013 flood recovery projects are required to go through formal review to determine the project’s impacts to environmental, historic, and cultural resources. In the case of historic and cultural resources, the review process involves consultation with Colorado’s State Historic Preservation Officer (SHPO). This review process can take a long time (30 days or more), and requires expertise in the field of historic preservation. In cases where projects are funded by FEMA or FHWA, those agencies conduct their own reviews and consultations. The facilitate FEMA’s reviews, have entered into a Programmatic Agreement (PA) with the Colorado SHPO, which streamlines their review process and thus the issuance of FEMA funded grants. This is a request to have Larimer County become a responsible entity by signing on to the Programmatic Agreement.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the HUD-FEMA-SHPO Programmatic Agreement Addendum as a HUD responsible entity.
Motion carried 2-0.
04142015A003 ADDENDUM TO PROGRAMMATIC AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE COLORADO STATE HISTORIC PRESERVATION OFFICER, AND THE COLORADO DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT
8. APPROVE BUILDING INSPECTION POSITION: Mr. Gilbert and Ms. Bothell discussed the need for an additional Building Inspector. There are currently three full time inspectors and two code compliance officers that conduct building inspections. Utilizing the code compliance officers to perform building inspections is taking away from the work required of Code compliance. Furthermore, an additional building inspector will reduce the amount of overtime being paid to the current inspectors.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the addition of one full-time building inspector position in the Building Department, to be funded entirely through the department’s Special Revenue Fund.
Motion carried 2-0.
9. WORKSESSION: Ms. Hoffmann briefly reviewed her participation in testifying for the TIF bill, radio communication, and flood recovery.
10. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities during the previous week.
11. LEGAL MATTERS: There were no legal matters for discussion.
The meeting adjourned 10:30 a.m.
LEW GAITER III
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Denise M. Ruybal, Deputy Clerk