> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 10/26/15  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, October 26, 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:  Jeannine Haag, County Attorney; Brenda Gimeson, Michael Whitley, and Rebecca Smith, Planning Department; Clint Jones, Engineering Department; Doug Ryan, Health Department; Craig Dorn, Deputy Clerk.

 

Chair Gaiter 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:

 

1.         BROOMFIELD APPEAL, FILE #15-G0296This is a request to appeal the lot size requirements in the RE-rural estate zoning district. This zoning district requires a 10-acre lot size when divided. As it exists today there are currently two legal nonconforming uses on the property. The applicant wishes to eventually separate these two legal nonconforming uses from each other by doing a minor land division. However, in order to complete the land division process, a lot size appeal must be completed first. If the lot size appeal is not granted, the applicant will not have a viable option for a subdivision available to them as required by the Land Use Code. The applicant is not proposing something that would not be allowed by another process.

 

Section 22 of the Larimer County Land Use Code outlines circumstances in which appeals can be taken to the Board for consideration. One of those defined circumstances is when an applicant may appeal the standards and requirements imposed by the Land Use Code. This request for an appeal meets section 22.2.1.A of the Larimer County Land Use Code where the applicant proposes to deviate from a standard or requirement imposed by this code, except standards or requirements which are subject to zoning variances from the Board of Adjustment in section 4.6.2.

 

When a parcel of land is divided into any size less than 35-acres, the application and approval through an appropriate subdivision process are required through Larimer County. The review process options are outlined in section five of the Larimer County Land Use Code. Additionally, section 4 of the Land Use Code determines the minimum lot sizes allowed in a zoning district. In this case, the property is zoned RE-rural estate which requires a minimum lot size of 10-acres.

 

Because of the size of this parcel, the only option available to subdivide the property is the subdivision or minor land division process. In either case, the minimum lot size is 10-acres. However, if the parcel was larger and the applicants could use the conservation development process to subdivide the property there is no minimum lot size required except when the use of on premises septic system or well is used. In those cases the minimum lot size is 2-acres.

 

The following agencies have provided comments or verbally indicated they have no concerns with the proposal: the Larimer County Department of Health and Environment and the Larimer County Engineering Department.

 

If an appeal to the lot size is granted the applicant must still use the minor land division process which will include: a review to determine that adequate public facilities will be provided to the two acre parcel and the creation of a plat of record. Any further division of the larger parcel will require a formal subdivision process.

 

The Development Services Team recommends approval of the Broomfield Appeal File #15-G0296 subject to the following condition(s):

 

1.   A minor land division process must be completed to create a plat of record to document the division of the legal uses.

 

2.         VANNORSDEL APPEAL, FILE #15-PSP0089:  This request is an appeal to section 4.3.10.H.2.c of the Land Use Code which limits the size of a detached accessory living area to 40% of the square footage of the single-family dwelling or 800 square feet, whichever is less.

 

The property is a 38.84-acre parcel located at 1520 County Road 37E, Lyons which is southeast of the intersection of County Road 37E and Lonestar Road.

 

The property contains an existing principal single-family residence constructed in 1990. The principal home is 1,408 square feet. The proposed detached accessory living area is 1,200 square feet which exceeds the size limitation of 40% of the principal dwelling (1,408 x 40% = 563.2) and also exceeds the maximum size limit of 800 square feet for detached accessory living areas.

 

The applicant’s project description indicates that the detached accessory living area is intended to house family members and guests and the requested size is based on additional space desired to accommodate a handicapped accessible floor plan.

 

The existing home has driveway access to County Road 37E. The detached accessory living area is proposed to also utilize that access point.

 

The Board is only reviewing the size appeal. The Planning Director has approved a public site plan request for the detached accessory living area. One of the conditions of approval is that if the size appeal is not granted by the Board the size of the accessory living area shall be limited to 563.2 square feet.

 

The Development Services Team evaluates each request on its own merits but historically has usually supported detached accessory living areas up to 1,200 square feet.

 

The Development Services Team finds that the proposed appeal, allowing additional square footage to a detached accessory living area will:

 

1.   Not subvert the purpose of the standard or requirement.

 

2.   Not be detrimental to the public health, safety or property values in the neighborhood.

 

3.   Not result in increased costs to the general public.

 

4.   Be consistent with the intent and purpose of the code.

 

The Development Services Team recommends approval of the Vannorsdel Appeal, File #15-PSP0089.

 

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, OCTOBER 27, 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 Commissioners Johnson and Donnelly were present. Also present were: Donna Hart, Deni LaRue, and Kristina Nielson, Commissioners’ Office; Jacob Castillo, Workforce Center; Elizabeth Fogarty, Bill Almond, Lindsay Lamson, Visit Estes Park Board; Sam Roth, Sherrif’s Department; Craig Dorn, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:  Greg Leverett addressed the Board.

 

2.          APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 19, 2015:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of October 19, 2015, as presented.

 

Motion carried 3-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 26, 2015:   Ms. Hart reviewed the upcoming schedule with the Board.

 

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:

 

10272015A001           AMENDMENT NO. 1 TO CONSTRUCTION CONTRACT – PROJECT NO. 9320 – CULVERT 23-0.15-50E (MILL CREEK) (BID NO. 15-05) BY AND BETWEEN LARIMER COUNTY AND MOUNTAIN CONSTRUCTORS, INC.

 

10272015A002           MEMORANDUM OF UNDERSTANDING BY AND BETWEEN LARIMER COUNTY AND LOVELAND HOUSING AUTHORITY

 

10272015A003           GRANT AGREEMENT BY AND BETWEEN LARIMER COUNTY AND THE STATE OF COLORADO DEPARTMENT OF PUBLIC SAFETY DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT – LARIMER COUNTY CRYSTAL LAKES WILDFIRE MITIGATION PROJECT

 

10272015A004           STATE OF COLORADO – COLORADO WATER CONSERVATION BOARD GRANT AGREEMENT, CONTRACT NUMBER CTGG1 2016 – BY AND BETWEEN LARIMER COUNTY AND COLORADO WATER CONSERVATION BOARD

 

10272015R001           RESOLUTION RESCINDING FINDINGS AND RESOLUTION APPROVING EASEMENT VACATION FOR PARCEL 1 OF THE WOLAVER EXEMPTION

 

10272015R002           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF CRYSTAL LAKES 6TH FILING, LOTS 59 AND 60

 

10272015R003           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 67 AND 68 OF CRYSTAL LAKES 11TH FILING AND VACATION OF UTILITY EASEMENT

 

10272015R004           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF CRYSTAL LAKES 15TH FILING PUD LOT 80

 

10272015R005           SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF BROWNSTONE QUARRY SPECIAL REVIEW, THIRD AMENDMENT

 

10272015R006           FINDINGS AND RESOLUTION APPROVING THE PARTIAL VACATION OF A PUBLIC RIGHT-OF-WAY ON CHINOOK LANE

 

10272015R007           FINDINGS AND RESOLUTION APPROVING THE TUCKER AMENDED SPECIAL REVIEW AND APPEAL

 

MISCELLANEOUS:  Board of Assessment Appeals of Colorado; Stipulation as to Tax Year 2015 Value

 

LIQUOR LICENSES: The following licenses were approved and/or issued:  Fort Namaqua Liquors – Beer Retail 3.2% – Loveland.

 

Motion carried 3-0.

 

5.         COMMENTS FOR COMMISSIONERS' GUESTS:  Commissioner Donnelly introduced Stan Ebel, a property owner in the Masonville area. Mr. Ebel spoke of issues he has involving an easement vacation regarding the Wolaver Exemption that the Board allowed and is currently in the process of rescinding. Mr. Ebel explained how this has negatively impacted his agricultural operations and spoke in disfavor of how the permit was left active which subsequently encouraged people to proceed with building along the ditch.

 

6.          VISIT ESTES PARK 2016 OPERATING PLAN:  Ms. Fogarty, Mr. Almond, and Mr. Lamson updated the Board on the 2016 operating plan for the Visit Estes Park Marketing Organization. Ms. Fogarty went over the several changes that have been made to the advertising campaign as well as the many steps the organization will be taking to ensure an equally strong year for tourism in 2016. Ms. Fogarty explained that the multiple centennials occurring in 2015 for the region influenced the level of tourism positively making it the highest collection of lodging tax over the past three years. Ms. Fogarty reviewed how the organization is planning to become more accountable through the utilization of digital testing and improved analytics, the current digital undertakings of the organization as it relates to their website performance, and the organization's social media growth with online engagement which is ranked highest amongst other state entities. Ms. Fogarty also detailed their public relations plan for 2016, company promotions, and their partnerships with regional venues to help improve tourism across the Front Range and Northern Colorado.

 

Some conversation ensued about what exactly entails optimal occupancy and the actions that will be taken to ensure 2016 will not see a drop off in tourism after the centennials of the current year. Ms. Fogarty elaborated on their plans to work with Brand USA to create an IMAX film that will be shown across the country as well as their plans to work with Great Divide Pictures.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Visit Estes Park Marketing District's 2016 Operating Plan.

 

Motion carried 3-0.

 

7.    WORKSESSION:  Ms. Volker updated the Board on various projects and activities.

 

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

 

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

 

There being no further business, the Board adjourned at 10:15 a.m.

 

 

 

 

_______________________________

                                                                                              LEW GAITER III

                                                                                           BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Craig Dorn, Deputy Clerk