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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, May 18, 2015

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Gaiter presided and Commissioners Johnson and Donnelly were present.  Also present were:  Brenda Gimeson, Karin Madson, Robert Helmick and Michael Whitley, Planning Department; Clint Jones, Engineering Department; Jeannine Haag, County Attorney’s Office; and Dana Polley, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance.

 

Commissioner Johnson asked staff for clarification regarding the land being added to item #3, Sher-Ell Acres Lot 13 Amended Plat. Ms. Gimeson showed a map of the land that is being added to the lot.

 

Chair Gaiter 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:

 

1.    ESTES PARK CODE AMENDMENTS – PET GROOMING:  This is a request to amend the Estes Park Valley Development Code (EVDC) to allow small-scale animal grooming in the Commercial Downtown (CD) district as an accessory use to related retail establishments.

 

The EVDC separates various residential and non-residential uses by broad use classifications and specific uses (Chapter 4).  Each use is then either permitted by right (i.e. “use by right”), permitted by special review, or prohibited.  Explicit use definitions and permissions such as a use by right allow communities to proactively address potential land use conflicts.  An accessory use is a use that is customarily and clearly incidental and subordinate to the principal use on the same site.  Uses that are permitted in a zone district are also allowed as an accessory use, while prohibited uses are not. 

 

Animal grooming includes the bathing and trimming services for small domestic animals and short-term boarding (no more than 48 hours) and is only permitted in the CO Commercial Outlying zone district.  Because this grooming use is specifically prohibited in the CD Commercial Downtown district, it may not be permitted as an accessory use.  

 

An owner of a downtown pet boutique store has approached town staff with a request to amend the EVDC to permit animal grooming as an accessory use in the CD district. This owner receives consistent requests for grooming services throughout the summer, primarily after muddy day hikes.

 

The town board discussed this topic at their April 28, 2015 meeting.  The Board had no concerns with the amendment as presented and scheduled a public hearing for May 12, 2015 for a vote on the matter.

 

2.    AMENDED PLAT AND EASEMENT VACATION, LETITIA LAKE SUBDIVISION, LOTS 3 AND 4, BLOCK 3:  This is a request to amend and reconfigure contiguous lot boundaries between lots 3 and 4, block 3, and vacate an existing 10 foot utility easement and a 15 foot access within lot 3 of the Letitia Lake Subdivision.

 

These properties are located in the Letitia Lake Subdivision, located near Red Feather Lakes, north of Eagle Tree Circle, and east of Walela Lane.  The Letitia Lake Subdivision was recorded in 1928 and amended several times over the years with amended plats and lot reconfigurations.  This property is currently zoned O-Open and that will remain the same.  The two lots are currently owned by the same property owner.  Lot 3 is currently vacant while lot 4 has an existing cabin and shed.  The applicant is requesting a reconfiguration of the lot lines which will make lot 4 larger and lot 3 smaller, and vacate an existing 15’  access easement and a 10’ utility easement and replace those with a new access and utility easement along the east border of the property that will extend to Letitia Circle.  The lot sizes are currently non-conforming from the minimum lot size in the zoning district and the modification will not create any non-conforming setback issues.  Although the larger lot will be smaller than it currently is, it will not be smaller than any other lot in the subdivision. 

 

The proposed amended plat and easement vacation, Letitia Lake Subdivision, lots 3 and 4, block 3, reconfiguring the lot lines meets the requirements of the Larimer County Land Use Code with the conditions as outlined below.

 

The Development Services Team recommends approval of the amended plat and easement vacation, Letitia Lake Subdivision, lots 3 and 4, block 3, File # 15-S3303 to reconfigure the lots 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 November 18, 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 County Planning Staff and Brian HelminiakHelminiak Helminiak, Land Surveyor of the Larimer County Engineering Department.

 

3.   The reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded. 

 

3.    AMENDED PLAT FOR SHER-ELL ACRES SUBDIVISION, LOT 13:  This is a request to amend the boundaries of lot 13, Sher-Ell Acres Subdivision, to include acreage received by a court judgment.

 

This property is located in the Sher-Ell Acres Subdivision, located northeast of Fort Collins, near Long Pond on Country Club Road.  The Sher-Ell Acres Subdivision was recorded in 1968.  This property is currently zoned R-Residential and that will remain the same.  The property currently has a single-family residence on the property.  The application is requesting to amend the plat to include acreage into lot 13 that was received by court judgment.  This acreage comes from property outside any development and does not affect any other parcels/lots.

 

The proposed amended plat for Sher-Ell Acres Subdivision, lot 13, meets the requirements of the Larimer County Land Use Code with the conditions as outlined below.

 

The Development Services Team recommends approval of the amended plat for Sher-Ell Acres Subdivision, lot 13, File # 15-S3302, to amend the boundary of the lot 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 November 18, 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 Planning Staff and Brian Helmick, Land Surveyor of the Larimer County Engineering Department.

 

3.   The reconfiguration of the lots lines shall be finalized at such time when the plat and Findings and Resolution of the County Commissioners are recorded. 

 

4.    GILLIS PSP ACCESSORY LIVING AREA – DWELLING SIZE APPEAL:  This is an appeal to the Accessory Living Area size area (Section 4.3.10.H,2,C of the Larimer County Land Use Code) to allow 1273 square feet living space rather than the allowed 800 square feet. 

 

There is an existing barn/residence on the property that has 1273 square feet of living area that the owners would like to convert to Accessory Living Area when they build a new 3000+/- square foot residence.  Because the dwelling is existing, the owners have submitted an appeal to the Accessory Living Area size area (Section 4.3.10.H.2.C of the Larimer County Land Use Code) to allow 1273 square feet of living space rather than the allowed 800 square feet.  The Public Site Plan application has been approved by the Community Development Director.  If the appeal request is not granted, the owners will need to reduce the size of the accessory dwelling.

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.

    • 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 Gillis Accessory Living Area – Dwelling Size Appeal, File #15-PSP0079.

 

5.    LOT 1, WAVERLY RIDGE CONSERVATION DEVELOPMENT BUILDING ENVELOPE AMENDED PLAT:  This is a request to amend the plat of lot 1, Waverly Ridge Conservation Development to further expand a building envelope to within 20 feet of the lot line for garage addition.

The envelope was modified from 30 feet from the line to 25 feet in a previous application.  This will allow for the garage addition to the north, facilitating access to the vehicle while in the garage.  There is no specific rationale in the file for the building envelopes on this lot.  The change is less than required by the underlying zoning; however, the Board of County Commissioners has the authority in a Conservation Development to establish setbacks as a part of a building envelope.  The expansion does not block access to any area nor does it impair visibility to the road.  The property to the north is in agricultural production as the residual lot in this Conservation Development, so no impact to the adjacent property is anticipated. 

This amended plat to increase the area of the building envelope allows the owner to provide additional garage space on the lot.  This change does not affect the intent of the original platting or the purpose of the original building envelopes. 

 

The Development Services Team recommends approval of lot 1 Waverly Ridge Conservation Development amended plat, file #15-S3301.  To be completed by Resolution of the Board of County Commissioners with an exhibit depicting the revised Building Envelope.

 

6.    BECKSTED MINOR LAND DIVISION AMENDED PLAT OF LOTS 2 AND 3:  This is a request for a Minor Land Division to create four lots of 39-42 acres and one of 145 acres from a 35 and 239 acre lots.

 

This Minor Land Division is proposed, to divide three 40+/- acre lots and a large 145 acre lot from two lots which were created by a Minor Land Division in 2012.  The original Minor Land Division was created to divide two homes from the farm and to rectify issues caused by an uncompleted approval in 1991.  

 

The contract purchaser wishes to create the three parcels, sell them as farm/residence parcels, and reshape boundaries to conform to an existing pivot on the 145 acre parcel.  Although a Minor Land Division is not normally allowed on a previously approved Minor Land Division, in this case the parcels being proposed are all larger than 35 acres and if the larger lot had not been made a part of the original Minor Land Division, they could have been created without County review.  No additional density is created and the platting gives the County the opportunity to insure that access and easements are provided and that they meet the current standards. 

 

No referral comment has noted an issue with this proposal.  Because the property is part of an existing Minor Land Division and the lots proposed had been smaller than 35 acres, the appropriate course of action would have been a Conservation Development.  In this case, the original Minor Land Division was done to rectify problems created in 1991 and the entire farm of 281 acres was made a part of the plat only for simplicity.  This proposal does not create additional densities nor are there any technical issues with the properties.  The plat will need to reflect the approximate limits of the Boxelder Creek floodplain and insure that all lots have adequate legal and physical access.

   

The Development Services Team recommends approval of the Becksted Minor Land Division, File #15-S3298, 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 November 14, 2015, or this approval shall be null and void.

 

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, Larimer County Regional Park Fee (in lieu of dedication) and drainage fee.  The fee amount that is current at the time of building permit application shall apply. 

 

3.   Prior to the recordation of the final plat, the application shall make the technical corrections required by Brian Helminiak, Land Surveyor of the Larimer County Engineering Department.

 

4.   The Plat shall be revised to reflect the ROW dedications and Boxelder Creek Floodplain limits, as requested by the Engineering Department. 

 

 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as proposed above.

 

Motion carried 3-0.

 

The hearing adjourned at 3:05 p.m.

 

TUESDAY, MAY 19, 2015

 

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager.  Chair Gaiter presided and Commissioners Johnson and Donnelly were present.  Also present were: Donna Hart and Deni LaRue, Commissioners’ Office: Gary Janezich, Facilities and Information Technology Division; Jacob Castillo and Joni Friedman, Workforce Center;  Marc Engemoen, Public Works Department;  Mark Tinklenbeg, The Ranch; Laura Walker, Human Services; Charlie Johnson and Traci Shambo, Engineering Department; Zac Wiebe, Kerri Rollins, Megan Flenniken, and Gary Buffington, Natural Resources Department; Andrea Wright, Human Resources Department; and Denise Ruybal, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.     PUBLIC COMMENT: This gives citizens the opportunity to address the Commissioners regarding events and issues pertaining to Larimer County.                                                 No one was present to address the Board.

 

2.    APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 11, 2015:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of May 11, 2015, as presented.

 

Motion carried 3-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 25, 2015:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.    CONSENT AGENDA:  Ms. Shambo was present to address the Board regarding consent item # 3, and stated that 6.6% is the CDOT Construction Cost Index for this year.

 

 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as outlined below:

 

05192015A001           AGREEMENT BY AND BETWEEN LARIMER COUNTY, COLORADO, LARIMER COUNTY SHERIFF’S OFFICE, AND JANICE F. ORT FOR INMATE PSYCHOLOGICAL SERVICES

 

05192015R001           FINDINGS AND RESOLUTION APPROVING THE PETITION OF THE LYONS SANDSTONE QUARRY

 

05192015R002           FINDINGS AND RESOLUTION APPROVING THE OVERLAND POUDRE PONDS SPECIAL REVIEW TIME EXTENSION AND AMENDED CONDITION

 

05192015R003           A RESOLUTION FOR ADJUSTMENTS TO 2015 TRANSPORTATION CAPITAL EXPANSION FEES FOR REGIONAL AND NON-REGIONAL ROADS

 

MISCELLANEOUS – Public Trustee 1st Quarter Report, 2015.

 

LIQUOR LICENSES: The following license was approved and/or issued:  Colorado Cherry Company – Beer and Wine – Lyons.

 

Motion carried 3-0.

 

5.    COMMENTS FROM COMMISSIONERS’ GUESTS: There were no guests present.

 

6.    ADDITIONAL RESOURCES TO THE FACILITIES AND INFORMATION TECHNOLOGY DIVISION (FITD):  Ms. Walker addressed the Board with a request to create one permanent Senior Business Analyst position in GIS and Software Application Development Department in the Business Intelligence Group. The creation of this position would allow the Human Services Department to utilize the  services of the FITD without having to hire an additional person to support the Human Services Department.  There will be no general funds used for this position.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve 1.0 FTE to fill a Senior Business Analyst role in the Business Intelligence Group.

 

Motion carried 3-0.

 

7.    NATIONAL PUBLIC WORKS WEEK:  Mr. Engemoen reviewed the annual reports from the five departments: Road and Bridge, Engineering, Natural Resources, Solid Waste, and The Ranch, which make up the Public Works Department and their roles within the County.  The annual reports are posted on the County’s website for review.

8.    UPDATE ON PROCUREMENT AND PURCHASE OF NEW VIDEO DISPLAY SYSTEM FOR THE BUDWEISER EVENT CENTER AGREEMENT PRESENTATION:  Mr. Engemoen stated that the contract for the new video system has been awarded to Daktronics.  He presented an overview of the timeline and look of the new system.  Installation and training will take place in July, with the new system operational in time for the Larimer County Fair and PRCA Rodeo in August.  Members from Global Spectrum and the Colorado Eagles were present to provide support for the procurement of the new system.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Video Display Replacement Project at the Ranch agreement.

 

Motion carried 3-0.

 

05192019A002           VIDEO DISPLAY REPLACEMENT PROJECT AT THE RANCH AGREEMENT

 

9.    UPDATE ON ECONOMIC DEVELOPMENT AND BUSINESS SERVICES: Mr. Castillo addressed the Board with his desire to meet with the Commissioners once a month during Administrative Matters to discuss the ongoing projects regarding Economic Development.

 

10.   RECOMMENDATION TO THE PLANNING COMMISSION TO APPROVE THE UPDATE TO THE OPEN LANDS MASTER PLAN (OLMP) PRESENTATION:  Ms. Rollins provided a presentation regarding the final draft of the update to the 2001 Open Lands Master Plan.  This plan will guide future efforts for land acquisition and natural resource management for the next 5-10 years.  The OLPM requires approval by the Planning Commission by recommendation of the Board of County Commissioners.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve recommending that the Larimer County Planning Commission approve the 2015 update to the Larimer County Open Lands Master Plan.

 

Motion carried 3-0.

 

11.   NEW POSITIONS WITHIN THE DEPARTMENT OF NATURAL RESOURCES:  The Natural Resources Department is seeking to develop and implement ecological restoration efforts on park and open space properties by adding a full time Restoration Ecologist.  In addition, they are seeking to add a part time graphic artist to assist with maintaining a high level of quality with the department’s publications. Money to fund these positions will come from sales tax dollars in addition to the department’s park balance account.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve 1.0 full time Restoration Ecologist position and a .5 part time Graphic Artist position within the Department of Natural Resources.

 

Motion carried 3-0.

 

12.   WORKSESSION:     Ms. Hoffmann had nothing to report this week.

 

13.   COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities during the previous week. 

 

Commissioner Johnson stated that there was an article in the Coloradoan this morning regarding the hearing before the Oil and Gas Commission.  Mr. Helmick was quoted as saying that our request for a hearing was withdrawn because the issues were not really issues at all or concerns at all.  This was an unfortunate and totally inaccurate statement.  Commissioner Johnson had to correct that statement with a comment on the Coloradoan’s website.

 

M O T I ON

 

Commissioner Johnson moved that the Board of County Commissioners remove Mr. Helmick as their Oil and Gas Designee effective immediately and that Doug Ryan be appointed as our interim local government designee until a permanent one can be named.

 

Discussion ensued between the Board regarding the appointment of the designee and who should be appointed as the interim, taking into consideration the schedule and responsibilities of the designee, as well as the necessary knowledge regarding land use issues.

 

Motion carried 3-0.

 

14.   EXECUTIVE SESSION TO DISCUSS REAL ESTATE NEGOTIATIONS:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners go into Executive Session for the purchase, acquisition, lease, transfer, or sale of any real or personnel property interest as outlined in 24-6-402-(4)-(a) C.R.S.

 

Motion carried 3-0.

 

After a brief recess, staff and the Board of Commissioners discussed Right-of-Way acquisition on County Road 43.

 

15.   LEGAL MATTERS: There were no legal matters for discussion.

 

The meeting adjourned 11:00 a.m.

 

 

 

                                                                            __________________________________                                                                                                                                    LEW GAITER III

                                                                            BOARD OF COMMISSIONERS

 

 

 

 

 

 

 

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Denise M. Ruybal, Deputy Clerk

 

 

 

__________________________________________

Dana S. Polley, Deputy Clerk