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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, June 22, 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 Donnelly and Johnson were present. Also present were: Terry Gilbert, Michael Whitley, and Rebecca Smith, Planning Department; Doug Ryan, Health and Environment 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. He then explained that one item was removed from the agenda, Linda Wild Minor Land Division, File #15-S3311. The remaining two 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.         RED FEATHER HIGHLANDS LOTS 22 &23 AMENDED PLAT, FILE #15-S3309: This is a request to amend the plat to change the boundary line between lots 22 and 23 of the Red Feather Highlands subdivision to increase the size of lot 22 from 2.64 acres to 5.87 acres and decrease the size of lot 23 from 5.22 acres to 1.5 acres.   Both lots 22 and 23 are owned by the applicants.  Lot 22 contains their existing residence and lot 23 is a vacant parcel.  The property is located in the Red Feather Lakes area, north of County Road 74E at the intersection of Lone Pine Creek and Antler Way.  The Red Feather Highlands subdivision was recorded in January, 1972, and consisted of 70 lots with lot sizes that vary from .7 acres to 8.74 acres in size.  The property is currently zoned O-open and that will remain the same.  The minimum lot size in the O-open zoning district is 10 acres and both lots are currently non-conforming.  This request includes a Lot Size Appeal as lot 23 will be smaller than either of the original lot sizes (down from 2.64 to 1.5 acres).  However, the lots across the road from this lot range from .7 acres to 1.7 acres in size.  The lot when reconfigured, will still be greater than others in the area and will not be smaller than any other lot in the subdivision.

 

All covenants, deed restrictions, and other conditions which applied to the original subdivision will continue to apply.  This proposal meets the review criteria.

 

Based on the review criteria, staff finds that the proposed Amended Plat and Lot Size Appeal for lots 22 and 23, Red Feather Highlands, file #15-S3309 meets all conditions of approval stated in Section 5.7.3 and Section 22.2.4 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.

 

The Development Services Team recommends approval of the Red Feather Highlands Amended Plat and Lot Size Appeal, file #15-S3309, 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 December 22, 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 the Larimer County Department of Health and Environment to make lot 23 a minimum of 2 acres in size.

 

3.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by the Planning Staff and Brian Helminiak, Land Surveyor of the Larimer County Engineering Department.

 

2.         MANNING MINOR LAND DIVISION, FILE #15-S3310:   This is a request to split existing improvements from an agricultural parcel. The subject property contains one single-family residence and numerous outbuildings.  This division will create one 2.35 acre parcel for the existing residence and outbuildings and one 37.19 agricultural parcel that will contain the irrigated pasture and agricultural buildings.  There are also existing oil and gas wells on the agricultural parcel. 

 

This newly created agricultural parcel will continue to be eligible for new accessory agricultural buildings only.  No new single-family dwellings will be allowed on the agricultural parcel until such time as an application is submitted for further subdivision or development of the property, through an appropriate process outlined in the Land Use Code. 

 

Based on the review criteria, staff finds that the proposed Manning Minor Land Division, file #15-S3310 meets all conditions of approval stated in Sub-section 5.4.2 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.

 

The Development Services Team recommends approval of the Manning Minor Land Division, file #15-S3310 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 December 22, 2015, or this approval shall be null and void.

 

2.   The newly created agricultural parcel will continue to be eligible for new accessory agricultural buildings only.  No other development of the larger parcel will be allowed until and appropriate development review application has been approved by the County.   

 

3.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by the Planning Staff and Brian Helminiak, Land Surveyor of the Larimer County Engineering Department.

 

4.   The owners shall dedicate a 50-foot half right-of-way along Larimer County Road 3.  This dedication shall be shown on the final plat. 

 

M O T I O N

 

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

 

Motion carried 3-0.

 

The hearing ended at 3:05 p.m.

 

 

ADMINISTRATIVE MATTERS

 

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: Donna Hart, and Natalie Seils, Commissioners’ Office; Gael Cookman, Clerk and Recorder’s Office; and Dana Polley, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT: There was no one present to comment.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 15, 2015:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of June 15, 2015.

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JUNE 29, 2015:   Ms. Hart reviewed the upcoming schedule.

 

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:

 

06232015A001           COLORADO MANAGEMENT MEMORANDUM OF UNDERSTANDING

 

06232015D001           DEED OF DEDICATION FROM MICHAEL C. BOETTIGER AND RHONDA S. BOETTIGER

 

06232015D002           DEED OF DEDICATION FROM SIDNEY J. BROWN AND LAURA S. BROWN

 

06232015D003           DEED OF DEDICATION FROM DONALD BRUNMEIER

 

06232015D004           DEED OF DEDICATION FROM NORMAN F. REPP AND RUSSELL F. REPP, CO-TRUSTEES, U/D/T, DATED DECEMBER 18, 2002, F/B/O THE NORMAN F. REPP FAMILY TRUST

 

06232015R001           FINDINGS AND RESOLUTION APPROVING THE VACATION OF A UTILITY EASEMENT IN LOT 66 OF THE CRYSTAL LAKES SUBDIVISION, 6TH FILING

 

06232015R002           FINDINGS AND RESOLUTION APPROVING THE LONDON MINOR LAND DIVISION

 

06232015R003           RESOLUTION REGARDING EXTENSION OF APPROVAL FOR HAYDEN SUBDIVISION LOTS 31, 33, AND 8 AMENDED PLAT

 

06232015R004           FINDINGS AND RESOLUTION APPROVING THE HORNBEIN LAND CONSOLIDATION PLAT

 

06232015R005           JOHNSON SUBDIVISION AMENDED PLAT TIME EXTENSION

 

06232015R006           SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF NEW SINGULAR PSC, LLC

 

06232015R007           A RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER A PETITION FOR EXCLUSION FROM A PUBLIC IMPROVEMENT DISTRICT

 

MISCELLANEOUS:   Department of Human Services Payments for April 2015; Letter to Colorado Department of Local Affairs; Letter to Walmart Foundation; Expenditure Authorization and Signature Page for the PY15 WIOA/Wagner Peyser Plan.

 

LIQUOR LICENSES: The following license was approved and/or issued: Hog Wild Barbeque – Beer and Wine – Fort Collins.

 

Motion carried 2-0.

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS:  Commissioner Johnson introduced Ms. Cookman to speak regarding the Veterans Advisory Group. Ms. Cookman presented a memorandum to recognize Lonnie Berrett for his leadership as the Larimer County Veteran Service Officer, which was signed by 30 Veterans who attended the last meeting. She also encouraged the Commissioners to attend one of the group’s meetings, which are held the fourth Wednesday of every month from 4:00 – 5:30 p.m. Commissioner Johnson read the memorandum aloud.

 

6.         COUNTY MANAGER WORKSESSION:  Ms. Hoffmann attended a design thinking workshop hosted by the County’s IT Department. She was impressed by the new software that was presented and the innovated strategies that were discussed. She also explained that she attended a meeting for the Association of Colorado County Administrators (ACCA) and volunteered Larimer County to host the first ever ACCA Conference in November. She will be putting together a spring meeting with just the Front Range groups before the State-wide conference. 

 

7.         COMMISSIONER ACTIVITY REPORTS: Chair Gaiter mentioned that the Wellington Town Board expressed concerns regarding the County’s delinquent payments to the Boxelder Storm Water Authority. After the County conducted an extensive review of previous payments, staff determined that the shortage is just under $2,000. Ms. Hoffmann suggested that any future requests go directly between the Wellington Town Board and the Board of County Commissioners. Commissioner Johnson stated that he would like staff to look into the conditions of the several hundred thousand dollar seed money that was given to the Authority. The Board approved Ms. Hoffman to remit the correct payment for the shortage to the Boxelder Storm Water Authority. Chair Gaiter also requested the Board approve the Chair to draft a letter to the Wellington Town Board to say that Larimer County will not allow any additional staff time to research discrepancies in payments, and any future requests must be formally sent from the Wellington Town Board.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners draft a letter to the Wellington Town Board about the settlement of the County’s account.

 

Motion carried 2-0.

 

8.         LEGAL MATTERS:  There were no legal matters to discuss.

 

The meeting ended at 9:50 a.m.

 

 

 

 

 

_______________________________

 LEW GAITER III

BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Dana S. Polley, Deputy Clerk