MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, NOVEMBER 18, 2019

 

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: Kathy Eastley, Samantha Mott and Michael Whitley, Community Development; Stephen Rothwell and Devin Traff; Engineering; David Ayraud, County Attorney; and Deirdre O’Neill, 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.

 

1.          NORTHERN COLORADO WATER CONSERVANCY DISTRICT HYDRAULIC DROP STRUCTURE REPLACEMENT – FLOODPAIN SPECIAL REVIEW: This is a request to allow replacement of an existing drop structure on the Hansen Supply Canal within the Cache La Poudre Flood Hazard Overlay Zoning District.

 

The Northern Colorado Water Conservancy District (Northern Water) is requesting approval of a Floodplain Special Review to allow the replacement of a hydraulic drop structure on the Hansen Supply Canal, located in the Southwest ¼, Section 14, Township 8 North, Range 70 West and the Southeast ¼, Section 15, Township 8 North, Range 70 West, Larimer County  The proposed project is within the Cache La Poudre Flood Hazard Overlay Zoning District.

 

Northern Water desires to replace an existing below-grade drop structure which conveys and delivers raw water from Northern Water’s elevated Hansen Supply Canal to the Cache La Poudre River.  Construction will take place within land zoned as Open, owned by Northern Water, and on property under an easement held by Northern Water.  A portion of this project is located within the Cache La Poudre Flood Hazard Overlay Zoning District. 

 

The Land Use Code requires a recommendation from the Flood Review Board with a final approval from the Board of County Commissioners through a Floodplain Special Review for water control structures within the floodplain zoning district.

 

REVIEW CRITERIA:

 

The following review criteria for Floodplain Special Reviews are found in the Land Use Code under Section 4.2.2.G.6. These criteria were evaluated relative to the 100-year regulatory flood event:

 

            A.        The proposal meets all applicable criteria outlined in the General Standards.

           

                        This proposal adequately meets the applicable criteria outlined in the General                                    Standards.

 

            B.         No danger to life and property may reasonably be expected to result from increased                          flood heights or velocities caused by encroachments upstream or downstream within                         the floodplain.

 

                        The application materials show that the project does not cause an increase in flood                            heights or velocities; therefore, the project is not expected to cause an increased danger                     to life and property over pre-project conditions.

 

            C.         No danger to life or property may reasonably be expected to result from substantial                          solid debris being carried down the stream by floodwaters.

 

                        The application materials show that the project will not cause any additional danger to                       life or property.

 

            D.        There is no danger of materials being swept away onto other lands or downstream

                        to the injury of others in the event of a flood may reasonably be expected.

 

                        The application materials show that there is no increased danger of materials being                            swept away onto other lands or downstream to the injury of others in the event of a                          flood due to the project.

 

            E.        Proposed water supply and sanitation systems have been designed to prevent disease,                        contamination and unsanitary conditions in the event of a flood.

 

                        Not applicable.

 

            F.         The proposed use is consistent with the flood management program for the area in                           question.

 

                        The proposed use is consistent with the flood management program.

 

            G.        The expected heights, velocity, duration, rate of the rise and sediment transport of                             floodwater at the proposed location is consistent with the proposed use.

 

                        These items were adequately addressed in the technical documentation prepared by                           the applicant’s engineer.  There are no expected changes to the 100-year floodplain or                       floodwaters between existing and proposed conditions at the proposed project                                  location.

 

            H.        Any modification of the terrain within the FW-Floodway Zoning District will not                              result in a rise in overall flood heights at any location.

 

                        The project is not located within the Floodway Zoning District.

 

            I.          Any modification of the terrain within the FW-Floodway Zoning District is                                       environmentally sound.

 

                        The project is not located within the Floodway Zoning District.

 

            J.          Any modification of the terrain within the FW-Floodway Zoning District will not                              result in reduced stability of the river channel or floodplain.

 

                        The project is not located within the Floodway Zoning District.

 

The Flood Review Board met on November 1, 2019, to review the report and associated materials prepared by Alden Research Laboratory, Inc. and Ditesco Project and Construction Services.  A motion was approved at the November 1, 2019, meeting for a favorable recommendation to the Board of County Commissioners for the approval of the Floodplain Special Review with no conditions.

 

The Larimer County Engineering Department recommends approval of the Northern Colorado Water Conservancy District Hydraulic Drop Structure Replacement - Floodplain Special Review.

 

2.         AMENDED PLAT OF DAELIN PLD LOTS 1 AND 2 AND AMENDMENT TO THE DEVELOPMENT AGREEMENT, FILE #18-LAND 3855: This is a request to amend the lot lines between Lot 1 and Lot 2 of the Daelin PLD, revise the Building Envelope on Lot 2 and amend the Development Agreement to change the front setback from 125-feet to 105-feet from the centerline of County Road 11C.

 

This is an Amended Plat proposal to reconfigure the common lot line between Lots 1 and 2 of the Daelin Planned Land Division as well as Amend the Platted Building Envelopes on Lots 1 and 2 in order to accommodate a new garage and the location of existing homes. This request also includes an Amendment to the Development Agreement for the Daelin PLD/PD to change the front setback requirement of 125’ from the centerline of County Road 11C to 105 feet from the centerline of County Road 11C to account for an existing encroachment into the setback for the existing homes on Lot 1 and 2.

 

There currently exists a single-family residence on each lot. The owner of the southern lot would like to build a garage to the north of the existing home. In order to do so and meet setbacks, the lot lines and building envelope are required to be modified.

 

REVIEW CRITERIA:

 

There are no specific review criteria for Development Agreement amendments.

 

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.

 

                        No additional lots will be created with this request.

 

            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.

 

                        These lots are zoned PD - Planned Development.  This zoning district has different                          minimum lot size requirements depending on what was approved with the rezoning.                         According to the Daelin PD, Findings and Resolution, the minimum lot size for this                         Planned Land Division is 2.3 acres.  The proposed lot sizes with this Amended Plat                           are 2.308 acres and 2.62 acres.  Therefore, the resultant lots will meet the minimum lot                size.

 

            C.         The Amended Plat will not create a nonconforming setback for any existing building.

 

                        The lot line adjustment will be moving the lot line closer to the buildings on the north                       lot, but will not create a nonconforming setback, as the side setback of 5 feet will still                        be met, and the buildings will be located within the building envelopes.

 

            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 lots will not be divided by a municipal or county boundary line, road, alley or                              another lot.

 

            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.

 

                        The Engineering Department commented stating that there cannot be any additional                        access points created as a result of the new garage.  If the owner uses the existing                              access, this criterion has been met.  This has been made a condition of approval.  In                          addition, drainage, utility easements and rights-of-way will not be adversely affected.

 

            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 county commissioners shall consider the original reason or circumstance for a                                   condition or note on a          plat when approving a change.

 

                        Any existing covenants, deed restrictions and other conditions of approval which                              applied to the original lots will continue to apply to the new lots.

 

The Proposed Amended Plat for Lots 1 and 2 of the Daelin PLD and the Amended Development Agreement will not adversely affect any neighboring properties or any County agency.  The reconfiguration will not result in any additional lots and will allow for the owner to build a new garage without encroaching into property lines or setbacks.  The proposal is supported by the Development Services Team as staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends Approval of the Amended Plat to amend the lot lines between Lot 1 and Lot 2 of the Daelin PLD, to revise the Building Envelopes on Lot 1 and Lot 2, and to amend the Development Agreement to change the front setback from County Road 11C, File # 18-LAND3855, subject to the following condition(s) and authorization for the chairman 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 May 18,2020                          or this approval shall be null and void.

 

            2.         No new access points will be allowed off County Road 11C.

 

            3.         An Amendment to the Daelin PLD Development Agreement will need to be signed                          by all the lot owners of the development as well as the Board of County                                             Commissioners.

 

            4.         The applicant will need to submit Ownership and Encumbrances for all the lot owners                      to ensure we have the correct property owner’s approval and signatures on the final                          Amendment to the Development Agreement.            

 

3.         CHENOWETH SPECIAL REVIEW/SPECIAL EXCEPTION EXTENSION, FILE #16-Z1999: This is a request to extend a Special Review & Special Exception approval from August 2, 2019 to August 2, 2022.

 

The subject property is located at 13964 County Road 43, Drake which is on the south side of County Road 43 approximately one mile west of the intersection of County Road 43 and Storm Mountain Drive.  The property is zoned O – Open.

 

The parcel is currently developed with a single-family home and several accessory buildings.

 

The Chenoweth Special Review & Special Exception was a request to operate a Resort Lodge/Cottage, Bar and Restaurant on the property.  The request included an appeal to Section 8.6.3.C.1 of the Land Use Code to allow the parking lot to be recycled asphalt and/or gravel instead of concrete or asphalt.

 

On July 18, 2016, the Board of County Commissioners conducted a public hearing on the application and voted 2 to 0 to approve the Special Review, Special Exception and Appeal.

 

On August 2, 2016, the Board of County Commissioners signed the Special Review, Special Exception and Appeal Findings and Resolution.  This was the official date of approval. 

 

The Finding and Resolution’s first condition is that the approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

The applicant is still working through site development issues and the use has not yet commenced.  On July 1, 2019 the property owner submitted a request to extend the approval for three years.

 

REVIEW CRITERIA:

 

There are no criteria for the extension of a Special Review or Special Exception approval.

 

The intent of an automatic expiration of Special Review and Special Exception approval is to

allow the applicant a reasonable amount of time to complete required site improvements and to

not allow perpetual zoning approvals that are never acted upon.

 

There were a number of outstanding site development issues when the Chenoweth Special

Review & Special Exception was approved. The applicant has made progress towards resolving

those issues and intends to commence operations prior to the end of the requested three-year

extension.

 

The Development Services Team recommends Approval of the requested Special Review and Special Exception approval extension subject to the following conditions:

 

            1.         The Chenoweth Special Review & Special Exception approval shall automatically                              expire without a public hearing if the use is not commenced by August 2, 2022.

 

            2.         The applicant will be responsible for complying with the applicable standards at the                           time of final approval of the site plan, construction drawings and associated plans and                       reports.

 

4.         RANCH ACRES TRACTS O AND P AMENDED PLAT, FILE #19-LAND3937: This is a request to amend the common lot line between the two properties to allow for one lot to have additional equines.

 

The Applicants request to amend Tracts O and P so that Tract P would increase in size to allow for an additional horse(s).  This would enable the owners to sell Tract O while retaining their horses and the existing horse pasture for proposed Lot 1 where they reside.

 

REVIEW CRITERIA:

 

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.

 

                        Staff Response: No new lots will be created as the sole change is to the common line                         between the two properties.

 

            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.

 

                        Staff Response: The zoning for the area is R – Residential which requires a .34-acre                           minimum lot size if the site is served by public water and sanitation, as is the case with                      these properties.  Resultant Lot 1 (former Tract O) will increase in size to 3.151-acres,                    while resultant Lot 2 (former Tract P) will decrease in size to .464-acres which is                             compliant with the required minimum lot size.

 

           

            C.         The Amended Plat will not create a nonconforming setback for any existing building;

 

                        Staff Response: The applicant stated that the existing conditions on the site will not                           result in creating any non-conforming setbacks.  Aerial photography confirms this                             statement.

 

            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.

 

                        Staff Response: No lots in this Amended Plat will be divided by a municipal or county                       boundary line, road, alley, or another lot.

 

            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

 

                        Staff Response: No improvements are proposed as part of this plat amendment,                                therefore there will be no impact to access, drainage, utilities, or to other properties.

 

            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 county commissioners shall consider the original reason or circumstance for a                                   condition or note on a plat when approving a change.

 

                        Staff Response: The proposed plat contains a note that the lots will be subject to                               existing restrictions, covenants and regulations as set forth in the plat of record.

 

The Development Services Team recommends Approval of the Amended Plat for Tracts O and P of Ranch Acres, File Number 19-LAND3937, subject to the following condition(s) and authorization for the chairman to sign the plat presented for signature:

 

            1.         All conditions of approval shall be met, and the Final Plat recorded by May 18, 2020                         or this approval shall be null and void.

 

5.         PEARL CREEK ESTATES, RESIDUAL LOTS E, F, AND G, FILE #19-LAND3939:

This is a request to amend the common lot lines to reconfigure the three lots.

 

The Pearl Creek Estates Rural Land Use Plan (RLUP) was approved in 2005 and created eleven (11) lots of record in the E-1 Estate zone district.  Building envelopes were created for each of the lots and all improvements, including the structures and septic systems, are required to be located within the building envelope. The project is served by on-lot wells and septic systems.

 

The Applicants seek to realign the current lot configuration to correct the unusual lot layout of Lot E which consists of three separate pieces located on both the north and south sides of Painted Post Drive as well as south of Murdock Drive (as shown in the highlight blue area on Figure 1 – Vicinity Map.  The realignment does not change any of the building envelopes, therefore the building sites remain the same.  The sole change is to correct the lot lines so that no lot will be split by roads.

 

REVIEW CRITERIA:

 

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.

 

                        Staff Response: No new lots will be created as the sole change is to the configuration                        of the existing three lots.

 

            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.

 

                        Staff Response: The zoning for the area is E-1 Estate which requires a 2-acre minimum                     lot size.  Lot E will be 10-acres, Lot F will be 26.23-acres and Lot G will be 26.21-                            acres.  All lots will meet the minimum lot size required in the zone district.

 

            C.         The Amended Plat will not create a nonconforming setback for any existing building;

 

                        Staff Response: The proposed amended plat will not create non-conforming setbacks                        for any existing buildings within the site.

 

            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.

 

                        Staff Response: The intent is to correct Lot E which was originally split by two                                  roadway easements so that the resultant lot is not split by a road easement.  However                        resultant Lots F-1 and G-1 continue to be split by road easements, however the                                 placement of the building envelope on one side of the easement minimizes concern.

 

            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

                       

                        Staff Response: No improvements are proposed as part of this plat amendment                                 therefore there will be no impact to access, drainage, utilities, or to other properties.

 

            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 county commissioners shall consider the original reason or circumstance for a                                   condition or note on a plat when approving a change.

 

                        Staff Response: The proposed plat contains a note that the lots will be subject to                               existing restrictions, covenants and regulations as set forth in the plat of record.

           

The Development Services Team recommends Approval of the Amended Plat for Pearl Creek Estates, Residual Lots E, F, and G, File Number 19-LAND3939, subject to the following condition(s) and authorization for the chairman to sign the plat presented for signature:

 

            1.         All conditions of approval shall be met, and the Final Plat recorded by May 18, 2020                         or this approval shall be null and void.

 

MOTION

 

Commissioner Johnson moved that the Board of County Commissioners approve the Consent Agenda for Monday, November 18, 2019 and further approve the Findings and Resolution numbers two through five on the Consent Agenda.

 

Motion carried 3-0

 

With there being no further land use items, the Board adjourned at 3:05 p.m.

 

TUESDAY, NOVEMBER 19, 2019

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair- Donnelly presided, and Commissioner Johnson was present. Commissioner Kefalas was excused. Also present were: Brenda Gimeson and Alisha Jeffers, Commissioners’ Office; and Deirdre O’Neill, Deputy Clerk.

 

Chair Donnelly opened the meeting with the Pledge of Allegiance.

 

1.    PUBLIC COMMENT: The following members of the public addressed the Board: Chris Eikenberg, Stacey Lynne, Shirley White and Eric Sutherland.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEKS OF NOVEMBER 11, 2019:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of November 11, 2019.

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 24, 2019:   Ms. Gimeson reviewed the schedule for the upcoming week with the Board.

 

4.         CONSENT AGENDA:

 

11192019A001              CONSTRUCTION SERVICES AGREEMENT (BID NO. B17-24) (LARIMER COUNTY 2019-2020 CRACK SEAL PROGRAM) BY AND BETWEEN LARIMER COUNTY AND DYKHUIS DRILLING CORPORATION.

 

11192019A002             ANCILLARY SERVICES AGREEMENT BY AND BETWEEN LARIMER COUNTY AND COLUMBINE MANAGEMENT SERVICES, INC.

 

11192019P001              HUMAN RESOURCES POLICY AND PROCEDURE 331.4 - CONDITIONS OF EMPLOYMENT.

 

11192019R001              FINDINGS AND ORDER FOR THE RENEWAL OF A RETAIL MARIJUANA STORE LICENSE AND A RETAIL MARIJUANA CULTIVATION FACILITY LICENSE .

 

1192019R004               FINDINGS AND RESOLUTION APPROVING THE KEMP-BUCHHOLZ MINOR LAND DIVISION AND APPEAL.

 

MISCELLANEOUS: Fishburn Conservation Development (18-LAND3723) Final Plat; Proposed 2020 Solid Waste Fees; Colorado Department of Human Services Certification of Compliance - Year 2020 County Personnel & Merit System; Stipulation as to Tax Year 2019 Value.

 

LIQUOR LICENSES: The Following Liquor licenses were approved/issued: Golf Club at Fox Acres – Red Feather Lake – Hotel and Restaurant with Optional Premise; Fort Namaqua Liquors Change to Hangloose Liquors – Loveland – Change of Trade Name.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda for November 19, 2019.

 

Motion carried 2-0

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS: Irene Jossey, Larimer County Treasurer, presented the Commissioners with an update on the Tax Lien Sale, which was held on November 14, 2019, at the Ranch in the McKee Building.

 

Treasurer Jossey explained that there were 849 properties and 49 mobile homes. The event was attended by 249 investors which brought in over $2,000,000 and explained that a handful did not sell.

 

Treasurer Jossey explained that they brought in $72,725 in premium bids which is above and beyond what is owed.

 

Chair Donnelly thanked the Treasurer for her hard work and asked how the public can find out about these sales.

 

Treasurer Jossey explained that the information is on the website and it occurs every November. Investors can sign up for a newsletter or call the Larimer County Treasurer Department.

 

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.

 

9.         ELECTIONS UPDATE: Angela Myers, Larimer County Clerk and Recorder presented the Board with an update on the previous election.

 

Clerk Myers explained that everything ran smoothly and that there will very likely be a recount in the Loveland Ward 2 race. The recount will happen the first week in December.

 

Clerk Myers also let the Board know that there will be a recount in Weld County for Proposition A, with there being very few Larimer County residents in that vote. This recount will happen at the same time as the Loveland Ward 2 race.

 

Clerk Myers reminded everyone that every vote matters. She thanked the election judges and staff for all their hard work.

 

With there being no further business, the Board adjourned at 9:45 a.m.

 

                                               

 

 

 

 

                                                                        ____________________________________

                                                                                    TOM DONNELLY

                                                                        BOARD OF COMMISSIONERS

 

 

 

 

ANGELA MYERS

 

CLERK AND RECORDER

 

 

ATTEST:

 

__________________________________________

Deirdre O’Neill, Deputy Clerk