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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, October 12, 2015

 

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:  Chad Gray, Code Compliance Department;  Karin Madson, Rob Helmick, and Brenda Gimeson, Planning Department; Clint Jones, Engineering Department; Doug Ryan, Environmental Health  Department; Jeannine Haag, County Attorney’s Office; and Denise Ruybal, Deputy Clerk.

 

Chair Pro-tem Johnson opened the hearing with the Pledge of Allegiance and 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 noted that the Matsuoka Appeal was removed from today’s agenda by request of the applicant and has been rescheduled for later in the month. Dirk Banks asked that the Manning appeal be removed from the consent agenda to allow for comment.  The Manning appeal was moved to the agenda for discussion.

 

1.    AMENDED PLAT, LOT 62, RAINBOW LAKES ESTATES:  This is a request to amend the building envelope for lot 62 by extending its size. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners with an attached exhibit.

 

The subject property is located west of Berthoud, at the intersection of County Road 23 and 8E, between County Roads 8 and 10, off Shelby Drive, and is in the Rainbow Lake Estates Conservation Development. The property is zoned FA-1 and will remain the same. The Rainbow Lake Estates Conservation Development was recorded in 2002 with 72 single-family lots. A few lots have building envelopes, mostly to protect certain setbacks. This particular lot had a condition that requires it to be 100-feet from the back property line. 

 

This request is to enlarge the building envelope for lot 62 to accommodate a new proposed building. The boundary line of the lot will remain the same. All covenants, deed restrictions and other conditions which applied to the original Conservation Development will continue to apply.

 

The proposed amended plat will not adversely affect any neighboring properties or any county agency. The amended plat will not result in any additional lots. Staff finds that with the conditions as listed below, the request meets the intent/requirements of the Larimer County Land Use Code.  And meets the review criteria stated in Section 5.7.3 of the Larimer County Land Use Code. 

 

The Development Services Team recommends approval of the Rainbow Lake Estates Conservation Development amended plat, lot 62, file #15-S3337, 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.

 

2.   CONTINENTIAL NORTH LOT 28A EASEMENT VACATION:  This is a request to vacate a 20-foot wide utility easement, remaining on the lot after the consolidation of lots 28 and 29.  This lot was created by an amended plat combining two lots in 1990. At that time, the utility easement was not vacated. There is no information regarding why the easement was retained, but the applicant has confirmed with utility providers that it is not needed. This easement divides the lot making use difficult. All utility providers have been notified and none have identified an issue or conflict with the proposal.

 

The requested vacation meets the review criteria and no agency or individual has identified any issues with the request. The vacation solves a property problem, encroachment into the easement by an existing building.

 

The Development Services Team recommends approval of the Continental North lot 28A easement vacation, file #15-S3336.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as amended and approve items one and two of the agenda.

 

Motion carried 2-0.

 

3.    MANNING APPEAL:  Ms. Madson reviewed that this is a request for an appeal for an exception from section 5.3.2.H of the Larimer County Land Use Code to process a land division proposal as a one lot subdivision rather than the required Conservation Development on 37.19 acres in the FA Farming zoning district.

 

The applicants own 37.19-acres east of I-25.  This area is zoned FA Farming and is characterized by smaller subdivision lots along with larger agricultural parcels. The parcel was recently divided by Minor Land Division (MLD), creating a 2.4-acre lot with the existing residence, and a 36.35-acre lot with the condition that it could not be built upon until approved through the development process. The applicant would like to build a new residence while keeping the lot in agricultural production. The applicant has requested the Board of County Commissioners grant an exception/appeal to the requirement that a parcel in the rural area of the county over 30-acres must use the Conservation Development process for any land division.

 

The Development Services Team recommends the Board of County Commissioners approve the Manning Appeal, file #15-G0292, subject to the following conditions:

 

1.   Approval of a Conservation Development is required for any further division of the property.

 

2.   The Subdivision plat shall include a building envelope for any proposed structures.

 

Chair Pro-tem Johnson asked for clarification regarding the difference between a conservation development versus a one lot subdivision. Ms. Madson stated that the subdivision process allows for future division at a later date where as the conversation development prohibits further development.

 

Chair Pro-tem Johnson asked the owner to address the Board of Commissioners.  Mark Manning stated that he wants to continue to keep the property as a farm, but would like to build a residence on the property. He grows grass hay on the property which is irrigated. The location of the residence will not interfere with the irrigation or current farming process. The Mannings would prefer to proceed with the subdivision process so that when the property is passed down to their children, the flexibility for future division is possible. 

 

Chair Pro-tem Johnson opened the hearing for public comment. Dirk Banks addressed the Board of Commissioners with his concern in regards to mineral rights use and his possible return on investments. He requested that the setbacks be notated as part of the approval.

 

Chair Pro-tem Johnson closed public comment and asked Mr. Manning to again address the Board. Mr. Manning stated that the well head located on the property dates back to the 1980’s and the lease is still enforced as long as the well produces. Extraction Oil is the current owner of the well head and, after recent tests, has determined that the current position of the head is no longer ideal. Mr. Manning also noted that he does own half of the mineral rights on the property. The owners of the well would like to move the head further east from its present location.

 

Chair Pro-tem Johnson asked Ms. Haag if the County has an obligation for future interests and noted that Mr. Banks has come forward to protect his interests. 

 

Mr. Lafferty stated that mineral rights notification should take place, but would not take place under the one lot subdivision. Chair Pro-tem Johnson asked Ms. Haag if the County could enter it in as a condition and the answer was yes.

 

 

 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Manning Appeal, File #15-G0292, subject to the conditions noted above. 

 

Motion carried 2-0.

 

4.         SCHAULIN CODE COMPLIANCE PUBLIC MEETING:  Mr. Gray reviewed that the property owners are in violation of Section 4.1.19 Industrial Zoning District of the Larimer County Land Use Code by virtue of operating a junk yard without obtaining Special Review approval. The subject properties are located north of East Lincoln Avenue between Lemay Avenue and Timberline Road.

 

On March 25, 2015, the Building Department received a complaint from the fire department that both properties had no access to buildings due to the properties being completely covered with junk vehicles. On April 1st, 2015, Code Compliance Inspector Chad Gray contacted the owner, Fred Schaulin, about operating the two junk yards without county approval. Mr. Schaulin stated he only stores junk vehicles on these two properties which are an overflow from his junkyard located within Fort Collins city limits at 209 12th Street. He requested a meeting with a Planner to discuss the Special Review process. On June 12th, 2015, Mr. Shaulin had a meeting with Senior Planner Rob Helmick, and decided he did not want to apply for a Special Review. Mr. Schaulin was going to submit a written request to the Planning Department in order to understand what could be done on both properties. That request was never submitted. These violations were discussed with the Community Development Director on July 22, 2015, and a public meeting was set for this date in order to give the property owner time to bring the properties into compliance to avoid the meeting. To date, the properties are still out of compliance. Mr. Gray presented pictures he had taken early in the day, which showed that some progress had been made, but that the properties are still not in compliance.

 

The fire department has raised concerns about the ability to access the buildings on these two properties if there were an emergency or fire.

 

Mr. Gray requested that the Board set a deadline for the properties to be brought in to compliance and authorize legal action if the deadline set by the Commissioners is not met.

 

There was some discussion regarding the vehicles on the properties and the way in which they were licensed.  Mr. Gray clarified that the license plates do not need to be in the name of the owners and that they may be operable. Vehicles that are operable and in the names of the owners would be similar to vehicles you would see in an RV storage lot.

 

Chair Pro-tem Johnson asked the property owner to address the Board of Commissioners.  Fred Schaulin noted that things take time.  He stated that he was trying to bring the properties into compliance and had made some progress. Mr. Schaulin requested and additional 90-days to get the property at 1817 Heath Parkway into compliance, and would like to screen the back of the property at 127 Racquette Drive with a fence to hide the overflow and impounded vehicles. 

 

Chair Pro-tem Johnson asked if all the vehicles at 127 Racquette Drive are operable and licensed to which Mr. Schaulin responded no. Mr. Schaulin stated that the property was brought into compliance with the fire department. There was also discussion regarding the use of the property at 1817 Heath Parkway. Any change in use from the previous use requires a site plan review and a junkyard would require a special review for the land use codes. If site plan review were submitted, the City of Fort Collins would require that the property be annexed due to the proximity of the property to the city limits. Mr. Schaulin stated that he does not want to go through the special review and does not want to be annexed into the city.

 

Chair Pro-tem Johnson opened the hearing to public comment, however, no one addressed the Board.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners set a deadline of 90-days for the applicant to submit an application for a public site plan review, require compliance as shown below, and authorize legal action if the properties are not in compliance by the deadline.

 

  • Remove all outdoor storage of junk vehicles from each property; or
  • Submit a special review application for each property; or
  • A site plan review

 

Motion carried 2-0.

 

The meeting adjourned at 3:55 p.m.

 

 

TUESDAY,   OCTOBER 13, 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, Kristina Nielson, and Deni LaRue, Commissioners’ Office;  Charlie Johnson, Alex Castino, and Mark Peterson, Engineering Department; Jeannine Haag, and Bill Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Pro Tem Johnson opened the meeting with the Pledge of Allegiance.

 

1.    PUBLIC COMMENT:  Jerry and Sherie Matsuoka, and Raye Sullivan addressed the Board with public comment.

 

2.    APPROVAL OF THE MINUTES FOR THE WEEK OF  OCTOBER 5,  2015:                         

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of October 5, 2015, as presented.

 

Motion carried 2-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 19, 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 outlined below:

 

10132015A001           AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF TRAIL 20661

 

09152015A002           AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF TRAIL 20612

 

10132015A003           GRANT AGREEMENT BETWEEN THE STATE OF COLORADO, DEPARTMENT OF PUBLIC SAFETY DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT AND COUNTY OF LARIMER

 

10132015D001           DEED OF DEDICATION FROM ELAINE MUCHOW

 

10132015D002           DEED OF DEDICATION FROM SCOTT M. TARBOX

 

10132015D003           DEED OF DEDICATION FROM VELMA HERSHMAN DANIELSON

 

10132015D004           DEED OF DEDICATION FROM PHILLIP D. HERSHMAN AND HOLLY A. TRENARY

 

10132015D005           AMENDED AND RESTATED WATER MAIN EASEMENTS – CORRECTED DRAFT

 

MISCELLANEOUS:  Stipulation as to Tax Year 2015 Value – Lot 29, Block 3, Berthoud Estates 2nd; Stipulation as to Tax Year 2015 Value – Lot 1, Block 3, Replat Track B, Boyd Lake North 1st Addition.

 

LIQUOR LICENSES: The following licenses were approved and/or issued:  Hacienda Real – 3.2% - Fort Collins; Ovations Food Services LP – 3.2% - Fort Collins; Branding Iron Liquor – Retail Liquor Store – LaPorte; North Shore RV & Store Inc – 3.2% - Loveland; Aspen Lodge – 3.2% - Estes Park; The River Forks – Tavern - Drake.

 

Motion carried 2-0 .

 

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

 

6.    WORKSESSION:     Ms. Hoffmann updated the Board on various projects and activities.

 

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

 

8.    LEGAL MATTERS:  Mr. Ressue requested that the Board go into executive session regarding a complaint involving Galena Court and regarding vacation of a ditch easement granted to the Union Ditch Company.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into executive session for conferences with an attorney for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402 (4) (b) C.R.S.

 

Motion carried 2-0.

 

The meeting adjourned at 9:45 a.m., with no further action taken.

 

 

                                                                                              _______________________________

                                                                                              LEW GAITER III

                                                                                              BOARD OF COMMISSIONERS

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Denise M. Ruybal, Deputy Clerk

 

 

__________________________________________

Gael M. Cookman, Deputy Clerk