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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, September 14, 2015

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principle Planner.  Chair Gaiter presided and Commissioner Donnelly was present.  Also present were: Clint Jones, Engineering Department; Doug Ryan, Environmental Health Department; Rob Helmick, Brenda Gimeson, Michael Whitley, Planning Department; Jeanine Haag, County Attorney’s Office; Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.  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.   CRYSTAL LAKES FIFTEENTH FILING LOT 80 EMENDED PLAY, FILE #15-S3330:  The request is to amend the building envelope of the plat of Crystal Lakes 15th Filing PUD Lot 80. Lot 15 contains a single-family residence that was constructed in 2006 which is entirely inside the existing building envelope. The proposed detached garage is to be built outside of the existing building envelope, thus requiring an amendment of the building envelope for the plat of Crystal Lakes 15th Filing PUD Lot 80. 

 

The existing building envelope is located 40 feet from the North property line. The proposed amended plat would shift the building envelope 15 feet closer to the North property line, thus making the amended building envelope 25 feet from the North property line.

 

The following Larimer County agencies and outside review agencies have stated that they have no objections to this proposal: Engineering Department; Environmental Health Department; Code Compliance Section; Addressing Review Section; and Crystal Lakes Fire Protection District.

 

The proposed amended plat of Crystal Lakes 15th Filing PUD Lot 80 will not adversely affect any neighboring properties or any county agency. The amended plat will not result in any additional lots and no other services will be affected. The Development Services Team finds that the request meets the requirements of the Larimer County Land Use Code.

The Development Services Team recommends approval of the Crystal Lakes 15th Filing PUD Lot 80 Amended Plat subject to the following condition and authorization for the chair to sign the plat when the condition is met and the plat is presented for signature:

 

1.   All conditions of approval shall be met and the Final Plat recorded by March 14, 2016, or this approval shall be null and void.


2.    BOXELDER HEIGHTS LOT 16 AMENDED PLAT, FILE # 15-S3331:  This is a request to amend the building envelope for Lot 16 by extending its size by 75 feet to the southeast.  If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners with an exhibit attached.

 

This property is located southeast of the Town of Wellington, northwest of the intersection of East County Road 58 and North County Road 3, and is located in the Boxelder Heights R.L.U.P.   The property is currently zoned O-Open and that will remain the same.  The Boxelder Heights R.L.U.P. received final approval in 2005.  The project contained about 290 acres and was approved with 27 single-family residential lots, each allowed a single-family residence and outbuildings located within a designated building envelope.  No specific reason for the building envelope placement for Lot 16 could be found in the file but each building envelope limited the development area.

 

This proposal is for an amendment to the building envelope for Lot 16 in the Boxelder Heights R.L.U.P.   The current property owners would like to extend the building envelope about 75 feet to the south to accommodate a new support structure.  The boundary line of the lot will remain the same.  All covenants, deed restrictions and other conditions which applied to the original Rural Land Use Plan will continue to apply.  This proposal meets the review criteria. 

 

The following agencies have stated that they have no objections to this proposal: the Larimer County Department of Health and Environment, the Larimer County Engineering Department, and the Larimer County Addressing Coordinator.  All the affected utility companies have agreed to the request stating no conflict.

 

The proposed Amended Plat for the Boxelder Heights R.L.U.P. meets all conditions of approval stated in Section 5.7.3 of the Larimer County Land Use Code and continues to meet the intent of the Rural Land Use Process.

 

The Development Services Team recommends approval of the Boxelder Heights R.L.U.P. Amended Plat, Lot 16, File 15-S3331 subject to the following conditions:

 

1.   The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

 

2.   The reconfiguration of the building envelope lines shall be finalized at such time the findings and resolution of the County Commissioners is recorded with the exhibit showing the new location of the building envelope.

 

3.   LANCE MINOR LAND DIVISION, FILE #15-S3329:  Minor Land Division to create a 4-acre lot to be separated from an original 27+-acre parcel, for the use of an adjoining owner.   An appeal to the minimum lot area of 10-acres is also requested.

 

The subject property is 27-acres in size, is zoned O-Open, and is located at the eastern end/terminus of Daryn Lane, a road in the Marsh Estates Rural Land Plan.  The applicant owns an adjacent parcel, which is the Marsh Estates Rural Land Plan and has recently acquired this parcel.  The proposal is to create a 4-acre pasture area to be restricted from any future development.  While the applicant could have done this as an Amended Plat/ Boundary Line Adjustment he does not which to encumber this property with the restrictions of the RLUP.  A lot size appeal will be required to create the 4-acre lot.  The 23-acre balance of the lot contains home and shop buildings, which will continue to be used for single family uses.

 

This Minor Land Division has been proposed to provide additional acreage for the applicant to use as grazing and hay production.  The creation of these parcels meets the requirements of the Larimer County Land Use Code with the understanding that the new parcels must have a lot size variance as a part of this approval. 

Development Services Team has evaluated this request and finds that, with certain conditions recommended, the request meets the approval criteria for a Minor Land Division. Specifically the Team finds:

·  The proposal is neither in a Subdivision plat nor in previously approved Exemption.

·  The lot proposed does not increase the impact or use in the community but does require an appeal of the lot size as part of this approval.

·  The access and traffic impacts in the general area do not change with this proposal. 

 

The Development Services Team recommends approval of the Lance Minor Land Division, file #15-S3329, 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 January 30, 2016, 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 Engineering Department.

 

3.   The plat shall be specifically noted to reflect that this approval is not creating a building lot and that the new 4 acres lot may only be used for agricultural purposes.  

 

4.   The lot size of 4-acres is varied from the required 10-acres per lot as a part of this approval.

 

4.      MOLESWORTH PLANNED LAND DIVISION/PLANNED DEVELOPMENT, FILE #15-S3285:  The applicants propose to divide an 18.72-acre parcel that is zoned R-1 - Residential to create one additional residential lot.  The property currently contains a single-family home and a barn.

 

The property is located at 3375 S. Garfield Avenue, Loveland which is located west of South Garfield Road, approximately 1,100 feet south of County Road 16.

 

Because the property is located in the Loveland Growth Management Area, the property must be divided through the Planned Land Division process.  A rezoning of the property to PD - Planned Development is required concurrently with the Planned Land Division.  The existing home is located on Lot 1 and is proposed to be 5.2 acres.  Lot 2 is proposed to be 13.17 acres.

 

The property is Lot 3, Cannon Minor Residential Development (MRD).  The MRD plat shows two building envelopes on Lot 3.  The proposed Planned Land Division would vacate those building envelopes.

 

The minimum lot size in the current R-1 – Residential zoning district is 2.3 acres if a well or septic system is utilized and 0.23 acres if both public water and public sewer are utilized.  The property is currently served by City of Loveland water and an on-lot septic system.  Because the property is in the Loveland Growth Management Area, the standard is for newly created lots to be served by a public sewer system. The applicants have appealed this standard.

 

The new lot is proposed to gain direct access to S. Garfield Avenue and the existing home would continue to utilize the existing driveway. No new roads are proposed. There are no major concerns or issues that have not already been addressed in the staff report.

 

The Development Services Team concludes that the request complies with the Land Use Code requirements and objectives and the applicable review criteria. None of the reviewing agencies objected to this request, nor did staff receive any objections from neighboring property owners about the proposed rezoning, land division, or appeals.

 

The Development Services Team recommends approval of the Molesworth Planned Development/Planned Land Division and appeals to Sections 8.14.1.R  & 8.1.1.B.4 of the Land Use Code, File 15-S3285.

 

M O T I O N

 

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

 

Motion carried 2-0.

 

The hearing adjourned at 3:05 p.m.

 

 

TUESDAY,   SEPTEMBER 15, 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 Commissioner Donnelly was present.  Commissioner Johnson participated via teleconference.  Also present were: Donna Hart, and Deni LaRue, Commissioners’ Office;  Alissa Redditt, and Laura Walker, Human Services Department;  and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.    PUBLIC COMMENT:  No one addressed the Board with public comment.

 

2.    APPROVAL OF THE MINUTES FOR THE WEEK OF  SEPTEMBER 7,  2015:                        

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of September 7, 2015, as presented.

 

Motion carried 3-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 21, 2015:    Ms. Hart reviewed the upcoming schedule with the Board.

 

4.    CONSENT AGENDA:   

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as amended and outlined below:

 

09152015A001           COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY (CDBG-DR) INFRASTRUCTURE GRANT AGREEMENT

 

09152015A002           PROFESSIONAL SERVICE AND SOFTWARE LICENSE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND PIONEER TECHNOLOGY GROUP, LLC

 

09152015R001           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE SECTION 4.2.2 REGARDING FLOOD PLAIN REGULATIONS

 

LIQUOR LICENSES: The following licenses were approved and/or issued:  Charco Broiler – Hotel and Restaurant – Fort Collins; The Growing Project – Special Event 6% - Fort Collins; and Harmony Angels Foundation – Special Event 6% - Fort Collins.

 

Motion carried 3-0 .

 

5.    COMMENTS FROM COMMISSIONERS’ GUESTS: No guests were present for comment.

 

6.    FIRST READING OF ORDINANCE ESTABLISHNG THE LARIMER COUNTY GENERAL ASSISTANCE PROGRAM:  Ms. Hart explained that this document was previously approved on the consent agenda without going through the formal process for adopting an ordinance; therefore, the document previously approved will need to be rescinded.  Ms. Walker and Ms. Redditt presented the ordinance for the first reading, and they will bring it back for formal adoption after posting notice in the newspaper.  Some discussion ensued.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners rescind the Ordinance Establishing the Larimer County General Assistance Program approved on August 25, 2015.

 

Motion carried 3-0.

 

7.    WORKSESSION:     Ms. Volker had no items for discussion.

 

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 9:30 a.m.

 

                                                                                              _______________________________

                                                                                              LEW GAITER III

                                                                                              BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Gael M. Cookman, Deputy Clerk