MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m., with Rob Helmick, Principal Planner. Chair Donnelly presided. Commissioner Johnson and Commissioner Kefalas were present. Also present were: Lesli Ellis, Tracy Hicks and Samantha Mott, Community Development; Vicky Citrino, Devin Traff and Kathy Vaughan, Engineering; Lea Schneider, Health Department; Jeannine Haag, County Attorney; Kayleigh Ogden, Office of the Clerk and Recorder and Elizabeth Carter, Deputy Clerk.
Chair Donnelly 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.
Commissioner Kefalas reported to the Board that he is recusing himself from item #1 the Public Inclusion Hearing for Solar Ridge Public Improvement District #21.
1. PUBLIC INCLUSION HEARING FOR SOLAR RIDGE PUBLIC IMPROVEMENT DISTRICT #21: On October 15, 2019 the Engineering Department received a verified petition from the legal owner of a property located next to the Solar Ridge Public Improvement District (PID) #21. The owners are requesting that they be included into the PID boundaries.
As prescribed in the improvement district status, a legal notice was advertised in the Fort Collins Coloradoan on October 22, 2019. A letter was also mailed to all Solar Ridge PID #21 property owners on October 18, 2019 with a copy of the notice and an explanation concerning the inclusion. Engineering Department staff spoke with the PID road advisory President over multiple months and no objections have been received to date.
The Engineering Department received an inclusion request to the Solar Ridge Public Improvement District #21 related to a Planned Land Division (PLD) known as Hoffman Acres Planned Land Division. A condition was placed on the Hoffman Acres Planned Land Division to join the Solar Ridge PID since Lot 2 was required to access Saint Germain Drive. That street is an included roadway within the Solar Ridge PID. No additional length of public roadway is purposed to be added to the PID’s responsibility with this inclusion proposal.
Solar Ridge PID#21 was created for maintenance of the subdivision roads in the district. The mill levy is currently 11.765 which brings in $35,595. There is a November 2019 ballot measure to increase the mill levy to 17.500 mills which would bring in $52,311 in 2020. The funds payable to the PID from this portion of land will be determined by the assessed value of the property.
2. KEMP-BUCHHOLZ MINOR LAND DIVISION AND APPEAL, FILE #19-LAND3922: This is a request to split a 0.92-acre lot with two existing homes into two lots with an existing home on each lot. The property is Lot 29 in the Lawrence Heights Annex. The two homes on the property were constructed in 1911 and 1955 which pre-dated the establishment of County-wide zoning regulations in 1963. As non-conforming buildings, they can continue to be occupied and rented separately. The property is located in LaPorte, Colorado and it is zoned O-Open. This request includes three appeals:
An appeal to use the Minor Land Division process on a subdivision lot.
An appeal to separate two existing legal uses that share a well.
An appeal to the minimum lot size of 10-acres in the O-Open zoning district.
MINOR LAND DIVISION REVIEW CRITERIA:
The Minor Land Division process can be used for the division of existing legal uses that have separate utilities, but it cannot be used to divide off accessory uses from principal uses or create an opportunity for additional principal uses.
To approve a Minor Land Division, the Board of County Commissioners must consider the review criteria found in Section 5.4.3 of the Land Use Code and find that each criterion has been met or determined to be inapplicable. These criteria are noted below:
A. The property is not part of an approved or recorded subdivision plat.
The subject property is part of the Lawrence Heights Annex which is an approved subdivision plat. This request incudes an appeal to this review criteria.
B. The property is not part of an Exemption or Minor Residential Development approved under the previous Subdivision Resolution or a Minor Land Division.
The subject property is not currently part of an Exemption, Minor Residential Development or Minor Land Division.
C. The newly created parcels will meet the minimum lot size required by the applicable zoning district. The minimum lot size in the O-Open zoning district is 10-acres. The existing lot is non-conforming with respect to the minimum lot size requirement in this zoning district as it is 0.92-acres. The resultant lots will not meet the minimum lot size requirement, therefore this request includes an appeal to the minimum lot size.
D. The newly created parcels meet minimum access standards required by the County Engineer. The Larimer County Engineering Department has not indicated any concerns with regards to access. The two homes are existing and there are no proposed changes to the existing access to the homes.
E. Approval of the Minor Land Division will not result in impacts greater than those of existing uses. However, impacts from increased traffic to a public use may be offset by the public benefit derived from such use. The proposed Minor Land Division should not result in impacts greater than those of existing uses as no new development is proposed. There are two existing homes on the existing lot. As a result of this Minor Land Division, each home will be on a separate lot. No new homes are proposed and there is only one home allowed per lot.
APPEAL REVIEW CRITERIA:
A. An appeal to use the Minor Land Division process on a subdivision lot.
B. An appeal to separate two existing legal uses that share a well.
When considering whether to approve an appeal to deviate from standards or requirements of this Code, other than minimum lot size requirements, the Board of County Commissioners may grant the appeal subject to safeguards and conditions consistent with their findings concerning the following factors. The Board of County Commissioners will consider each of the following factors and make findings pertaining to each one which, in their discretion, applies to the appeal (Section 22.2.3 of the Larimer County Land Use Code):
(1) Approval of the appeal will not subvert the purpose of the standard or requirement. Approval of the appeal to process a Minor Land Division on a Subdivision lot will not subvert the standard as it is not creating a vacant lot to be developed. There are two existing legally constructed single-family dwellings that will each be located on separate lots. This request does not increase the density as the homes are already in existence.
Approval of the appeal to allow to separate legal uses that share a well will not subvert the purpose of the standard or requirement as the existing well permit allows for use in up to three single-family dwellings. The owners do have the ability to connect to public water if at some point they no longer want to have the homes share a well. West Fort Collins Water District has indicated on the attached utility check sheet that the District can supply potable water to the lots.
(2) Approval of the appeal will not be detrimental to the public health, safety or property values in the neighborhood. Approval of the appeals to use the Minor Land Division process on a subdivision lot that has two homes sharing a well will not be detrimental to public health, safety or property values as there is no physical change as a result of the appeal.
(3) Approval of the appeal is the minimum action necessary. Approval of the appeal to do a Minor Land Division is the minimum action necessary to create a separate lot for each of the two legal dwellings that currently share a well.
(4) Approval of the appeal will not result in increased costs to the general public. Approval of the appeals will not result in increased costs to the general public as there is no physical change as a result of the appeal.
(5) Approval of the appeal is consistent with the intent and purpose of the Code. Approval of the appeals is consistent with the intent and purpose of the Code as it allows the two legal dwellings to each be on a separate lot. A new developable lot is not being created with these appeals as both lots will already be developed.
APPEAL REVIEW CRITERIA TO THE MINIMUM LOT SIZE REQUIREMENT
When considering whether to approve an appeal to deviate from the minimum lot size requirements of this code, the Board of County Commissioners may grant the appeal subject to safeguards and conditions consistent with their findings concerning the following factors. The Board of County Commissioners consider each of the following factors and make findings pertaining to each one, which in their discretion, applies to the appeal:
A. The lot size being proposed is consistent with the pattern of existing lots in the neighborhood. The existing lot is 0.92-acres in size and is already non-conforming with regards to the minimum lot size. The two proposed resultant lots of 0.59-acres and 0.32-acres in size would be in line with some of the smaller lots within the same subdivision, although the 0.32-acre lot would be the smallest lot within the subdivision. The lots within this subdivision range in size from 0.4-acres to 1.85-acres. There are also properties to the north and east that are much larger at 9-acres and just under 35-acres. The lot sizes being created are consistent with the pattern of existing lots in the neighborhood.
B. The proposed lot has sufficient area to support the intended use of the lot. The proposed resultant lot sizes are adequate to support the existing homes, septic systems as well as the shared well. They also both have the ability to connect to public water.
C. There are physical features of the site or other special circumstances that support the proposed lot size. The location of the existing homes, septic tanks, and leach fields restrict the location of the proposed common lot line. The proposed location of the new lot line allows the existing homes to meet the zoning district setbacks as well as the separation distance for the septic fields from the proposed lot line.
D. Granting the lot size appeal is consistent with the intent and purpose of this code.
The intent and purpose of the code are not violated by this proposal as this request does not create a new buildable lot, but merely separates two existing legal dwellings onto their own separate lots. No new developable lots are being created as both proposed lots are already developed.
The following County Offices submitted comments: The County Surveyor’s concerns have been addressed; the Engineering Department submitted comments pertaining to not affecting drainage patterns, notification of utility companies and further division requiring further applications and review; the Health Department noted that current septic requirements are being met. Additionally , the Health Department supports the recommendation of the Division of Water Resources (DOWR) requesting a well sharing agreement be created to ensure water supply to both properties; the Addressing Office noted that existing addresses will be used for both properties; and the Assessors’ Office had no comments.
The Division of Water Resources also submitted comments indicating that both residences share a well as well as the residence on adjacent Lot 28. Should the properties no longer wish to share a well, the West Fort Collins Water District indicated that they could provide potable water to the property. If the residences continue to share the existing well, a well sharing agreement should be put into place and recorded with the County. If there is no expansion of use of the well beyond the existing as described in the letter from the DOWR dated August 14, 2019, this office has no opposition to this request.
The Development Services Team recommends approval of the Kemp-Buchholz Minor Land Division and Appeal, File #19-LAND3922, subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met, and the plat is presented for signature:
A. All conditions of approval shall be met, and the final plat recorded April 14, 2020 or this approval shall be null and void.
B. Prior to recordation of the final plat the following changes shall be made to the plat:
(1) Include the entire project number in the title, Certification of Ownership and Dedication, and the Surveyor’s Certificate.
(2) Include an intent statement on the plat
(3) Remove the existing structures from the plat.
C. Prior to recordation of the final plat the applicant shall provide an executed shared well agreement to the Planning Department for all residences sharing the well that runs with the lots.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve Item #1 on the Consent Agenda for Monday November 4, 2019.
Motion passed 2-0, Commissioner Kefalas recused
M O T I O N
Commissioner Kefalas moved that the Board of County Commissioners approve Consent # 2 The Kemp-Buchholz Minor Land Division and Appeal File #19-LAND3922 subject to the conditions as outlined above and including the proposed amended conditions presented today: revised condition #1 to change the date from April 14, 2020 to May 4, 2020 and revised condition #3 to that prior to recordation of the final plat to include a well access easement on plat for the purpose of Lot 2 accessing the well on Lot 1.
Motion passed 3-0
With there being no further business, the Board adjourned at 3:10 p.m.
TUESDAY, NOVEMBER 5, 2019
ADMINISTRATIVE MATTERS MEETING
The Board of County Commissioners met at 9:00 a.m. with Linda Hoffman, County Manager. Chair Pro Tem Kefalas presided, and Commissioner Johnson was present. Commissioner Donnelly was excused. Also present were: Brenda Gimeson and Alisha Jeffers, Commissioners’ Office; Kayleigh Ogden, Office of the Clerk and Recorder and Elizabeth Carter, Deputy Clerk.
Chair Pro Tem Kefalas opened the meeting with the Pledge of Allegiance.
1. PUBLIC COMMENT: The following members of the public addressed the Board: Greg Leverett, Sonia Keetting, Deb York, Stacy Lynne, Gayla Martinez, Karen Speed and Nancy Garcia.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 28, 2019:
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of October 28, 2019.
Motion carried 2-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 11, 2019: Ms. Gimeson reviewed the schedule for the upcoming week with the Board.
4. CONSENT AGENDA:
11052019A001 FIRST AMENDMENT TO OPTION FOR ACQUISITION OF REAL PROPERTY BETWEEN LARIMER COUNTY AND EAGLE CROSSING
11052019A002 TAFT HILL ROAD IMPROVEMENTS - HORSETOOTH TO HARMONY PROJECT INTERGOVERNMENTAL AGREEMENT BETWEEN LARIMER
COUNTY AND CITY OF FORT COLLINS
11052019A003 SERVICES AGREEMENT - JAIL UTILIZATION OF SUBSTANCE USE DISORDER TREATMENT IN NORTHERN COLORADO (JUST- NOCO) -
DENVER FOUNDATION GRANT
11052019R001 SALARY RESOLUTION FOR LARIMER COUNTY DEPUTY DISTRICT ATTORNEY 1 - SETTING SALARY
11052019R002 FINDINGS AND RESOLUTION APPROVING THE CARTER ACCESSORY LIVING AREA APPEAL
Miscellaneous: Stipulation as to Tax Year 2019 Value: FMFPE LLC, Schedule Number: R1657617, R1657618, R1657619, R1657620; Stipulation as to Tax Year 2019 Value: Mwaterford Pinyon LLC, Schedule Number: R1663500; Stipulation as to Tax Year 2019 Value: McDonalds Real Estate Company, Schedule Number: R0737275; Stipulation as to Tax Year 2019: Breit MF The Greens LLC; Stipulation as to Tax Year 2019: Danny & Rebecca Kissler, Schedule Number: R1359398; Stipulation as to Tax Year 2019: Waterbury Orchards LLC, Schedule Numbers: R0649848, R1652597,R1608012, R1608014, R1280449, R1663501, R1652596; Recommended Reappointment to the Agricultural Advisory Board: Greg Schreiner; Recommended Reappointment to the Agricultural Advisory Board: George Wallace; Recommended Reappointment to the Agricultural Advisory Board: Jon Slutsky; Recommended Reappointment to the Agricultural Advisory Board: Nic Koontz; Recommended Appointment to the Fair Board: Bob Keirns; Recommend Appointment to the Fair Board: Stephanie Morrison; Recommended Reappointment to the Fair Board: Darryl English; Recommended Reappointment to the Fair Board: Doug Pennock; Stipulation as to the Tax Year 2019 Value: Mar Eagle Ridge LLC, Schedule Number: R1590722; Stipulation as to the Tax Year 2019: Erick & Angela Selgren, Schedule Number R1298585; Stipulation as to Tax Year 2019: Dacheng Zhou & Wenxin Yan, Schedule Number R1606867; Grant of Trail Easement: Timnath Ranch Investment LLC; Grant of Easement: River Bluffs Ventures LLC.
LIQUOR LICENSES: The Following Liquor licenses were approved: Ptarmigan Acquisition LLC– Fort Collins – Hotel and Restaurant with Optional Premise.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda for November 5, 2019.
Motion carried 2-0
5. COMMENTS FROM COMMISSIONERS’ GUESTS: The Commissioner did not have any guests
6. COUNTY MANAGER WORKSESSION: Ms. Hoffman updated the Board on upcoming projects and activities.
7. COMMISSIONER ACTIVITY REPORTS: The Board detailed their attendance at events during the previous week.
8. ELECTION UPDATE: Angela Myers, Clerk and Recorder. Clerk Myers provided the Board with an update on today’s election and reminded citizens that the polls close Tuesday, November 5, 2019 at 7:00 p m. Additionally, Clerk Myers noted that during this election cycle, the County has added a new Voting Service and Polling Center (VSPC) in Estes Park and there are also six new 24-hour drop boxes. Clerk Myers reported that the locations for all polling centers and places to vote can be found on the Larimer County website.
There was a discussion between the Board and Clerk Myers regarding how the signatures on the mail-in ballots are verified. There was also a discussion regarding the removal of the secrecy sleeve from the ballots this year. The Board thanked Clerk Myers and the elections team for all for their hard work and continued efforts on behalf of the citizens of Larimer County
With there being no further business, the Board adjourned at 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
CLERK AND RECORDER
Elizabeth Carter, Deputy Clerk