MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

thursday december 27, 2018.

 

 

                                    HUMANE SOCieTY PROJECT MEETING

The Board of County Commissioners met at 10:00 a.m. with Chad Gray, Code Compliance Coordinator. Chair Johnson presided, Commissioner Donnelly and Commissioner Dougherty were present. Also present were: Lorenda Volker, Assistant County Manager; Jeanine Haag, County Attorney and Deputy Clerk, Deirdre O’Neill.

 

Chad Gray explained that this is an Agreement for 2019 to enforce ordinances and provide animal protection and control services within the unincorporated area of Larimer County. He explained the only changes to the 2019 Agreement effective January 1, 2019 are the address and an increase in licensing fee.

 

MOTION

 

Commissioner Donnelly moved that the Board of County Commissioners sign the 2019 Humane Society Adoption Agreement.

 

Motion Carried 3-0

                                                                                                           

                                                              LAND USE

 

The Board of County Commissioners met at 10:05 a.m., with Carol Kuhn, Principal Planner. Chair Johnson presided,  Commissioner Donnelly and  Commissioner Dougherty were present. Also present were: Lorenda Volker, Assistant County Manager; Lesli Ellis, Community Development; Katie Gray, Engineering; Matt Lafferty, Planning Department; Todd Blomstrom, Public Works Director; Jeannine Haag, County Attorney; and Deirdre O’Neill, Deputy Clerk.

 

Chair Johnson explained that the following item is on the consent agenda. He asked if anyone from the public would like to have it removed to have a public hearing. No one from the public addressed the Board.

 

1.          EZINGA MINOR RESIDENTIAL DEVELOPMENR LOT 2 AND LOT A OF THE EZINGA BOUNDARY LINE ADJUSTMENT AND LOT 2 OF SARATOGA ESTATES 2ND PLANNED LAND DIVISION AMENDED PLAT, FILE #18-LAND3844: This is a combined Amended Plat and Boundary Line Adjustment (BLA) to reconfigure the boundary lines between Lot 2 of the Saratoga Estates Second Planned Land Division (PLD) and the adjacent metes and bounds parcel, Lot A of the Ezinga Boundary Line Adjustment.  Lot A of the Ezinga BLA was part of Lot 2 of the Ezinga M.R.D.  In 1988, the Ezinga M.R.D. was amended to add a piece of Lot 2 to an adjacent mete and bounds piece which is now Lot A of the Ezinga BLA. 

 

The Amended Plat process is required when the property lines of an approved land division are amended, and the Boundary Line Adjustment process is used to adjust the property lines of a metes and bounds parcel. The Board of County Commissioners approves amendments to approved Planned Land Divisions and M.R.D.s. The Boundary Line Adjustment process is an administrative process.  Since this plat involve both a platted lot and a mete and bounds parcel, both the Amended Plat process and the Boundary Line Adjustment process are both required.

 

The applicant is proposing to reconfigure property lines so that the driveway for proposed Lot 1 will be on the same lot as the buildings.

 

The existing two lots have different zoning districts.  The lot to the west is zoned PD-Planned Development, and the lot to the east is zoned FA-Farming.  Resultant Lot 1 (on the east) will end up as a split-zoned property, zoned both FA and PD.  A condition of approval for this application states that prior to issuance of any new building permits for the newly created Lot 1, A rezoning application will need to be submitted and approved to correct the split zoned parcel that is created with this application.

 

The Larimer County Land Use Code (Section 5.7.3) allows for the approval of an amended plat if the following review criteria are met:

 

A.    No additional lots will be created by the amended plat. There are currently two existing lots. The amended plat and boundary line adjustment will adjust the boundary between the two lots with no additional lots being created.

 

B.    The resultant lots will meet the required minimum lot size of the applicable zoning district and the lot dimension ratio required by subsection 8.14.1.H. If any of the lots are nonconforming with respect to the minimum lot size or the lot dimension ratio, the amended plat must not increase the nonconformity.

 

The minimum lot size for FA - Farming is 0.5 acres if on a public water and sewer. The resulting lots, as amended, will exceed the minimum lot size (3.02 and 4.73 acres).  The lots are currently nonconforming with regards to the depth-to-width ratio of 3-to-1, however, the resultant lots are not increasing the nonconformity.  The smallest resultant width (139.28 feet) is larger than the smallest original width (107.76 feet)

 

C.          The amended plat will not create a nonconforming setback for any existing building;

The amended plat and boundary line adjustment will not create any nonconforming setbacks for any existing building as the setbacks for the underlying zoning districts are still being met for the existing buildings.  Any new buildings or structures will need to comply with the setbacks for the underlying zoning districts.

 

D.    The resultant lots will meet the requirements of subsection 8.14.1.I.  Lots cannot be divided by a municipal or county boundary line, road, alley, or another lot.

 

The resultant lots will not be divided by a municipal or county boundary line, road, alley or another lot.  No additional roads or alleys are being added with this proposal.

 

E.   The amended plat will not adversely affect access, drainage or utility easements or rights-of-way serving the property or other properties in the area; and

 

The proposal will not adversely affect access, drainage, utility easements, or rights-of-way, as there are no proposed changes with this request.  No additional roads or alleys are being added with this proposal.  All additional easements are shown and will be dedicated with this plat.

 

F.      Any covenants, deed restrictions or other conditions of approval that apply to the original lots must also apply to the resultant lots and be noted on the final plat, except those changes to a condition or note on a plat that are approved with this application. The Board of County Commissioners shall consider the original reason or circumstance for a condition or note on a plat when approving a change.

 

All covenants, deed restrictions, or other conditions of approval that apply to the original lots will also apply to the resultant lots and be noted on the final plat

 

The proposed Amended Plat and Boundary Line Adjustment for a Portion of Lot 2 of the Ezinga M.R.D. and Lot A of the Ezinga Boundary Line Adjustment and Lot 2 Saratoga Estates Second Planned Land Division will not adversely affect any neighboring properties or any County agencies. The proposal is supported by the Development Services Team.

 

Development Services Team Recommendation: The Development Services Team recommends   Approval of a Portion of Lot 2, Ezinga M.R.D. S-66-88 and Lot A, Ezinga Boundary Line Adjustment and Lot 2, Saratoga Estates Second Planned Land Division No. 10-S3004 to reconfigure the property lines, File #18-LAND3844, subject to the following condition(s):

 

 

1.         All conditions of approval shall be met, and the final Plat recorded by June 26, 2019, or this approval shall be null and void.

 

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

 

3.         Prior to recordation of the final plat, revise the title of the plat, the Certification of Ownership and Dedication and the Surveyor’s Certificate to include the file number.

 

4.         Prior to issuance of any building permits for the newly created Lot 1 a rezoning application will need to be submitted and approved to correct the split zoned parcel that is created with this application.

 

MOTION

 

Commissioner Donnelly moved that the Board of County Commissioners Approve the Portion of Lot 2, Ezinga M.R.D.S-66-88 and Lot A, Ezinga Boundary Line Adjustment and Lot 2, Saratoga Estates Second Planned Land Division No. 10-S3004, File #18-LAND3844.

 

 

Motion carried 3-0

 

There being no further business, the Board adjourned at 10:20 a.m.

 

 

 

 

____________________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Deirdre O’Neill, Deputy Clerk