MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, DECEMBER 09, 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, Community Development Department; Steve Rothwell, Engineering Department; Lea Schneider, Health Department; Frank Haug, County Attorney’s Office; and Kayleigh Ogden, Deputy Clerk. 

 

Chair Donnelly opened the hearing with the Pledge of Allegiance.

 

Chair Donnelly 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.          CRAIG MINOR LAND DIVISION LOTS 1-3 AMENDED PLAT, FILE #19-LAND387: Wayne Christiansen and Dennis and Laura Craig own the lots within the Craig Minor Land Division (MLD) which was approved by the Board of County Commissioners in November of 2017 to create three lots of 20, 55, and 80-acres. The request is to amend the current lot configuration.

 

MINOR LAND DIVISION 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.

 

There are currently three lots that are to be amended. This plat will not create any additional 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.

 

The RE – Rural Estate zone district requires a minimum lot size of 10-acres which is met by the resultant lots.

 

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

 

No setbacks will be adversely impacted by the proposed lot configuration

 

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.

 

No lots will be divided by a municipal or county boundary line, road, alley, or other 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.

 

No improvements are proposed as a part of this plat amendment, therefore there will be no impact to access, drainage, or utility easements or rights-of-way.

 

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.

 

            The plat includes a note stating that the lots will be subject to existing restrictions, covenants and regulations as set forth in the prior plats of record.

 

The Development Services Team recommends Approval of the Amended Plat for Craig MLD, Lots 1-3, File Number 19-LAND3871, 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:

 

A.        All conditions of approval shall be met, and the Final Plat recorded by June 9, 2020 or this approval shall be null and void.

 

2.         BACKBONE MEADOWS, BLOCK 2, LOTS 3 AND 8 LOT CONSOLIDATION, FILE #19-LAND3882: The applicant seeks to combine two contiguous lots of ±2-acres each in the Backbone Meadows Subdivision to create one 4.77-acre lot. This request is to protect views and the wildlife currently enjoyed by the owner. A 30-foot platted Utility and Drainage Easement exists along the property line, 15-feet on either side of the common lot line between Lots 3 and 8. A request to vacate this easement has not been submitted and therefore will continue to exist in its current location.

 

The Backbone Meadows Subdivision contains 36 lots. A majority of the lots currently have existing single-family homes, however there are remaining vacant lots in the subdivision.

 

LOT CONSOLIDATION REVIEW CRITERIA:

 

The Larimer County Land Use Code (Section 5.7.3) allows for the approval of a lot consolidation if the following review criteria are met:

 

A.        No additional lots will be created by the lot consolidation.

 

No new lots will be created. The applicant is proposing to consolidate Lots 3 and 8 to create one 4.077-acre lot.

 

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 lot consolidation must not increase the nonconformity.

 

The 4.077-acre lot that will result from the consolidation meets the minimum lots size and dimension requirements of the F-1 Farming zone district. The minimum lot size in this zone, when on a septic system, is 2.3-acres. 20 BCC 12/09/19 BACKBONE MEADOWS 20 3

 

C.         The lot consolidation will not create a nonconforming setback for any existing building.

 

No nonconforming setbacks will be created by this lot consolidation.

 

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 lot meets the requirements of Section 8.14.1.I of the Land Use Code and will not be divided by a municipal or county boundary line, road, alley, or another lot.

 

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

 

No new construction is currently proposed; therefore, no impact is proposed to occur to access, drainage, utility easements or rights-of-way. As discussed earlier, an existing Drainage and Utility Easement will be unaffected by the lot consolidation.

 

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.

 

            A condition is recommended stating that any existing covenants, deed restriction other conditions of approval that currently apply to the lots will continue to apply to the new lot created by the consolidation.

 

The Development Services Team recommends Approval of the Backbone Meadows, Block 2, Lots 3 and 8 Lot Consolidation, File Number 19-LAND3882, subject to the following conditions:

 

A.        All conditions of approval shall be met, and the Findings and Resolution recorded by June 9, 2020 or this approval shall be null and void.

 

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

 

The Board and staff discussed clarification of reasons for the decided specific lot configurations for item number one.

 

M O T I O N

 

Commissioner Johnson moved to approve the consent agenda for Monday, December 9, 2019, and further moved to approve the Findings and Resolution for the items on the consent agenda and authorization for the chairman to sign.

 

Motion carried 3-0

 

 

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

 

 

 

TUESDAY, DECEMBER 10, 2019

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffman, County Manager. Chair Donnelly presided. Commissioner Johnson and Commissioner Kefalas were present. Also present were: Brenda Gimeson and Alisha Jeffers, Commissioners’ Office; and Kayleigh Ogden, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance

 

1.          PUBLIC COMMENT: Karen Artell, Deb Bjork, Shirley White, Ken Orgoglioso, and Ed Behan addressed the Board.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 25, 2019 AND THE WEEK OF DECEMBER 2, 2019:

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of November 25, 2019 and the week of December 2, 2019.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 16, 2019:   Ms. Gimeson reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:  

 

12102019A001             AMENDMENT AND RENEWAL 1, AMENDED AGREEMENT FOR JAIL SERVICES BY AND BETWEEN LARIMER COUNTY AND CITY OF FORT COLLINS

 

12102019A002             SIXTH AMENDED DEVELOPMENT AGREEMENT FOR CENTENNIAL FARM CONSERVATION DEVELOPMENT BY AND BETWEEN LARIMER COUNTY AND CENTENNIAL BERTHOUD DEVELOPERS

 

12102019A003             WARRANTY MEMORANDUM FOR CENTENNIAL FARM CONSERVATION DEVELOPMENT 19-LAND3923 BY AND BETWEEN LARIMER COUNTY AND CENTENNIAL BERTHOUD DEVELOPERS

 

12102019A004             DEVELOPMENT AGREEMENT FOR FISHBURN CONSERVATION DEVELOPMENT #18-LAND3723 BY AND BETWEEN LARIMER COUNTY AND DOLLAR LAKE DRIVE LLC

 

12102019R002             RESOLUTION FOR STATUTORY VESTED RIGHTS FOR COLUMBINE LODGE AMENDED SPECIAL REVIEW

 

12102019R003             RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE REGARDING SHORT-TERM RENTAL AND BED & BREAKFAST USES

 

12102019R004             RESOLUTION REGARDING THE RELEASE OF RESTRICTIONS ON SALE OF LOTS

 

12102019R005             FINDINGS AND RESOLUTION APPROVING THE THUNDER VIEW MINOR SUBDIVISION PRELIMINARY AND FINAL PLAT

 

12102019R006             SALARY RESOLUTION FOR LARIMER COUNTY DEPUTY DISTRICT ATTORNEY 1 - SETTING SALARY

 

MISCELLANEOUS: Department Of Human Services Payments For October 2019; Recommended Appointment To The Red Feather Lakes Planning Advisory Committee: Caryn Hughes; Recommended Appointment To The Prairie Trails PID #33: Harold Gosse; Recommended Mid-Term Appointment To The Flood Review Board: Chad Morris; Stipulation As To Tax Year 2019 Value For R1593275; Stipulation As To Tax Year 2019 Value For R1654100; Stipulation As To Tax Year 2019 Value For R1654099; Stipulation As To Tax Year 2019 Value For R1590833; Statement Of Authority Concerning Customary Closing Documents Relating To The Purchase Of “Lot 2” From Diamond Tail Ranch Company, LLC.

 

LIQUOR LICENSES: The Following Liquor licenses were approved: Stipulation To Suspension, Renewal For 7-Eleven - Fort Collins - Fermented Malt Beverage Off Premises; Hill Top General Store - Red Feather Lake - Retail Liquor Store; Front Range Freeze Polar Bear & Plunge - Fort Collins - Special Event 6%.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda for December 10, 2019.

 

Motion passed 3-0

 

5.         COMMISSIONERS GUESTS: The Commissioner’s did not have any guests.

 

6.         COLLEGE 4 KIDS 2019 PERFORMANCE DATA: Jacob Castillo, Economic and Workforce Development Director; and Heather Lelchook, Executive Campus Director, Aims Community College, Loveland Campus, addressed the Board to share highlights from the 2019 College for Kids Program.

 

Aims Community College is a key partner with the Larimer County Economic and Workforce Development Department. The College provides important training and skill development opportunities for the region, one opportunity being the College for Kids Program. Larimer County provides financial support for the College for Kids program.

 

College for Kids provides an educational experience for and helps engage kids ages nine through fourteen in a passion for lifelong learning. This year’s program showed an attendance of 157 kids.

 

Ms. Lelchook presented the Board with a “Thank You” banner created and signed by the children involved in this year’s program.

 

The Board and Ms. Lelchook discussed diverse ethnical and racial recruitment and language barriers and the importance of a relatively inexpensive program for the Loveland area.

 

The Board took a brief recess.

 

7.         OFFICE OF BEHAVIORAL HEALTH GRANT SELECTION COMMITTEE: Laurie Stolen, Behavioral Health Director, presented a nomination of two names and an alternate for submittal to act as representatives of the community on the grant evaluation committee: Mayor Kristie Melendez; Gary Darling, Director of Criminal Justice Services; and Town Trustee Ken Zornes as alternate.

 

The title of the grant to be evaluated is Building Substance Use Disorder Treatment Capacity in Underserved Communities. The deadline for the evaluation team names nomination submittal is December 13, 2019 and the grant evaluation will take place the week of January 20, 2020.

 

If chosen, the nominees will sit on a statewide selection panel representing region one, which consists of twelve different counties including Larimer County.

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the proposed nominations and authorize staff to submit their names as representatives of our community for this grant process.

 

Motion carried 3-0

 

8.         ASSESSOR’S 2019 ABSTRACT OF ASSESSMENT AND CERTIFICATION OF ASSESSED VALUES: Bob Overbeck, Assessor, addressed the Board to describe the Assessor's process for certification of values.

 

The Abstract of Assessment is a compilation of all real and personal property located within the boundaries of each county. Property is classified according to use. The ten property classes are: Vacant Land, Residential, Commercial, Industrial, Agricultural, Natural Resources, Producing Mines, Oil and Gas, State Assessed, and Exempt.

 

The abstract process also includes a certification of assessed values to each taxing authority no later than August 25 of each year. The taxing authorities use that information to calculate the amount of revenue, subject to statutory limitation, that can be derived from that taxable value. The taxing authorities then derive a mill levy figure. No later than December 10, each taxing authority receives a final certification of assessed values. This considers any value changes from the end of August to the beginning of December. The taxing authorities then certify their mill levies to the Board of County Commissioners by December 15 of each year

 

Once the mill levies are established, the Assessor’s Office prepares and delivers the tax roll to the treasurer’s office.

 

9.         RESOLUTION RESTRICTING COMMERCIAL SEMI-TRUCKS ON COUNTRY CLUB ROAD (LCR 50E): Mark Peterson, County Engineer, addressed the Board concerning the adoption of a resolution that would prohibit commercial semi-trucks from using Country Club Road (LCR 50E) between Turnberry Drive and State Highway 1.

 

Mr. Peterson presented traffic statistics to the Board. Operation of commercial semi-trucks on Country Club Road (LCR 50E) creates problematic conditions due to limited turning radii and constrained intersection geometric conditions at the intersection of Country Club Road and the entrance to the Fort Collins Country Club. Similar problems exist for semi-trucks turning from State Highway 1, eastbound onto Country Club Road. Commercial semi-trucks generally cannot make these turns without going into the opposite lanes of traffic which has caused traffic backups and/or situations where vehicles in the opposite lane have had to back up to allow a semi-truck to make the turn. Country Club Road is functionally classified as a minor collector and commercial semi-truck traffic is more appropriately conveyed on state highways or city and county arterial roadways.

 

A temporary truck length restriction was put in place earlier in 2019 and this resolution, if adopted, would continue truck restrictions based on a vehicle classification type of commercial semi-truck (tractor-trailer). Local deliveries to businesses or residences being accessed off Country Club Road would be exempt.

 

There was a discussion between the Board and staff concerning proper signage for the road, the definition of “commercial semi-truck” versus “semi-truck,” and the effect on the surrounding citizens and possible ramifications of utilizing Douglas Road as an alternate route.

 

No further action was taken on this item.

 

10.        2020 PROPOSED BUDGET UPDATE: Josh Fudge, Budget Director, presented an update to the Board providing information in a public setting about changes to the 2020 Proposed Budget that are anticipated to be in 2020 Budget adoption documents.

 

Mr. Fudge described County expenditures, revenues, the general fund, and proposed full-time employees.

 

11.         COUNTY MANAGER UPDATE:  Ms. Hoffman updated the Board on this week’s coordination meetings and upcoming projects and activities.

 

12.        COMMISSIONER ACTIVITY REPORTS: The Board detailed their attendance at events during the previous week.

 

With there being no further business, the Board adjourn at 10:50 a.m.

 

 

 

 

_______________________________________

TOM DONNELLY

BOARD OF COUNTY COMMISSIONERS

BOARD OF COMMISSIONERS

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Kayleigh Ogden, Deputy Clerk