MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, APRIL 13, 2020
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m., with Don Threewitt, Planning Manager. Chair Johnson presided, Commissioner Donnelly and Commissioner Kefalas were present. Also present were: Steven Rothwell, Engineering Department; and Kayleigh Ogden, Deputy Clerk.
Chair Johnson opened the hearing with the Pledge of Allegiance.
Chair Johnson 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. HOLMES MINOR LAND DIVISION, FILE #19-LAND3953: The applicant requests a Minor Land Division (MLD) to create two separate lots for existing residences on the property. The resultant lots will be Lot 1, a 2.92-acre site that has an existing 3,042-square foot home that was constructed in 1950; Lot 2 will be a 39.97-acre lot with an 882-square foot modular home constructed in 1971.
The property is served with public water from ELCO, and though located within the Wellington Sanitation District, the sites are served by existing septic systems.
The site is currently configured as two parcels of 14-acres and 29-acres, with both homes being located on the 14-acre parcel. There has been no County-approved subdivision for the creation of these two existing lots. Approval of this application would cure this subdivision issue, but it is important to note that the proposed configuration differs from what currently exists.
The 42.88-acre property was created by the Knox Exemption in 1985 and was an amendment to an exemption originally approved in 1978. The 1985 exemption divided a 182-acre parcel into three lots, one of which is the subject 42.88-acre site.
An appeal was granted by the Board of County Commissioners in 2017 to allow a reduction of the minimum lot size for this property which is zoned O – Open, a district that requires a minimum lot size of 10-acres. The proposal is for a 2.92-acre lot which will not satisfy the 10-acre minimum required. It was during this application that the Minor Land Division process was discussed to allow for the division of this property, even though the regulations prohibit the further division of an Exemption through the Minor Land Division process.
The applicant also requests the following appeals associated with this land division:
A. Section 8.14.1.R, Connectivity which states “All land divisions must be designed to permit the continuation of streets, roads, trails, pedestrian access, utilities and drainage facilities into adjacent property. The connection must provide a logical, safe and convenient circulation link for vehicular, bicycle and/or pedestrian traffic with existing or planned circulation routes to allow a neighborhood traffic circulation system and to improve emergency and service access.“ The existing site has functioned as such since 1971 and simply seeks to continue as it has in the past.
B. Section 9.7.3, Dedication of right-of-way. This appeal is requested due to the location of the North Poudre Irrigation ditch and associated easements which would result in an unreasonable interference with the operation of the ditch.
Mr. Rothwell has stated that additional right-of-way is required to be dedicated for County Road 15, to ensure a half right-of-way of 50-feet along the subject property frontage. After discussion with the North Poudre Irrigation Company, it was determined that the irrigation company has existing rights-of-way in place for the ditch, and that the rights-of-way would be negatively impacted if County Road right-of-way was required.
The Board of County Commissioners can vote to separate existing legal uses from each other as an MLD under the provisions of Section 5.4.2 of the County Code. The Board has the final approval authority for the MLD based on the review criteria found in Section 5.4. Staff provides the following criteria and review comments:
A. The property is not part of an approved or recorded subdivision plat.
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 property is part of an Exemption; however, the 2017 appeal approved by the Board discussed the use of the MLD process for creating the lot which was under appeal. This discussion stated that the MLD process was to allow for the separation of existing legal uses that were created prior to 1973 when multiple home sites were allowed on properties.
C. The newly created parcels will meet the minimum lot size required by the applicable zoning district. Lot 1 is proposed to be 2.9-acres which does not meet the required minimum lot size. An appeal was granted by the Board of County Commissioners and memorialized in a Findings and Resolution.
D. The newly created parcels meet minimum access standards required by the County Engineer. The property currently has access as required by the County.
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 property currently has two homes and the request is to allow for separate lots for each of the homes. There will be no greater impacts than currently exist.
The proposed land division is to create two lots based upon pre-existing, non-conforming structures which is the basis for the Minor Land Division process; however, this site is part of an Exemption which typically requires the subdivision process for further division of the site. The Board of County Commissioners had approved an appeal to the minimum lot size where the MLD process was discussed as appropriate in this situation.
Engineering issues include connectivity and adequacy of right-of-way. These issues would be adequately addressed if the requested appeals are granted.
The Development Services Team recommends approval of the MLD for Holmes Minor Land Division, File Number 19-LAND3953, 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 Findings and Resolution recorded by October 16, 2020, or this approval shall be null and void.
B. Any development of Lot 2 must be approved through the appropriate Larimer County Subdivision, Conservation Development, or Planned Development process. A note indicating this requirement must be added to the plat.
Commissioner Donnelly moved that the Board of County Commissioners approve the land use consent items for Monday, April 13, 2020, 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, APRIL 14, 2020
ADMINISTRATIVE MATTERS MEETING
The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Johnson presided. Commissioner Donnelly and Commissioner Kefalas were present. Also present were: Brenda Gimeson, Commissioner’s Office; and Kayleigh Ogden, Deputy Clerk.
Chair Johnson opened the meeting with the Pledge of Allegiance.
1. PUBLIC COMMENT: There was no public in attendance for comment.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 6, 2020:
M O T I O N
Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of April 6, 2020.
Motion Carried 3-0
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 20, 2020: Ms. Gimeson reviewed the upcoming schedule with the Board.
4. CONSENT AGENDA:
ABATEMENTS: As recommended by the County Assessor the following petitions for abatement have been denied: Bk Fort Collins, LLC - R1063529/87073-12-001 (2017/2018); Won Suh - P8285292/97362-21-002 (2019); Ethel K. Stark - R0075906/97152-01-038 (2019); Douglas E. Lewis and Jeanne D. Lewis - R0433128/95072-00-036 (2019).
04142020A001 PROFESSIONAL SERVICES AGREEMENT (ADVISORY PROJECT SERVICES FOR THE RANCH MASTER PLAN IMPLEMENTATION BY AND BETWEEN LARIMER COUNTY AND WILLIAM T. WELCH COMPANY, LLC)
04142020R001 FINDINGS AND RESOLUTION APPROVING THE ROCK RIDGE RANCH RURAL LAND PLAN
04142020R002 FINDINGS AND RESOLUTION APPROVING CERTIFICATE OF DESIGNATION - PLATTE RIVER POWER AUTHORITY, RAWHIDE ENERGY STATION
MISCELLANEOUS: Stipulation as to Tax Year 2019 Value for Weicker Drive Associates LP; Stipulation as to Tax Year 2019 Value for 4200 Ronald Reagan LLC; Stipulation as to Tax Year 2019 Value for Harmony Suites LLC; Stipulation as to Tax Year 2019 Value Walker Manufacturing Co.; Stipulation as to Tax Year 2019 Value for Stonebridge McWhinney LLC; Stipulation as to Tax Year 2019 Value for Kaiser Foundation Health Plan; Stipulation as to Tax Year 2019 Value for Centerra Office Tech I LLC; Stipulation as to Tax Year 2019 Value for Centerra Office Tech II LLC; Stipulation as to Tax Year 2019 Value for Stegner Ira Ray; Recommended Appointment to the Weld/Larimer Revolving Loan Fund Committee of Neil Gluckman.
LIQUOR LICENSES: There were no Liquor Licensing issuances or approvals this week.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda for April 14, 2020.
Motion Carried 3-0
5. COMMISSIONERS GUESTS: The Commissioner’s did not have any guests.
6. FIRE RESTRICTION DISCUSSION AND UPDATE: Justin Whitesell, Emergency Operations Manager; and Mike Loberg, Sheriff Captain, presented an update to the Board concerning the current status of county climate conditions and fire restrictions.
Mr. Whitesell stated that the current state of the nation due to the COVID-19 pandemic is forcing agencies to evaluate the need for fire restrictions and bans. He presented drought reports and weather outlooks for the coming weeks, stating that the current conditions do not warrant restrictions or bans in Larimer County. Mr. Whitesell said most of the state entities are issuing fire bans and restrictions from a standpoint of lack of resources in the hopes that the restrictions will lessen the occurrences of wildfires.
Mr. Loberg pointed out surrounding counties and forest services with standing fire bans. He stated that their decisions were mostly due to resource management and that, currently, Larimer County is not at that state. Mr. Loberg said he fully anticipated coming back before the Board in the future to reevaluate the situation whether it be from a resources point of view or weather conditions.
The Board discussed dedicated fire crews for the region, current park closures and camping restrictions, and the status of residents and grilling within the stay-at-home order.
7. COVID – 19 UPDATE AND DISCUSSION: Ms. Hoffmann presented an update to the Board concerning the ever-evolving public health crisis, COVID-19.
Ms. Hoffman stated that the county is currently partnering with the United Way of Larimer County, specifically regarding a staff loan program. Utilizing creativity in operational practices, the idea would be to loan the non-profit Larimer County staff as an alternative to unemployment if the county buildings continue to remain closed to the public. If the closure must continue, business will reach a point where there will no longer be enough work to accommodate a full staff, and the partnership will create a way to maintain employment and greatly help the non-profit.
The Board inquired about the anticipation of county buildings staying closed, how county operations are going given the current conditions, and how remote processes are proceeding.
Ms. Hoffmann discussed how well operations were being conducted and the proactivity towards inevitable hiccups. She said concerning the building closures, the County would look to the Public Health Director for guidance as the health crisis develops.
Laurie Kadrich, Interim Director of Community Planning, Infrastructure and Resources, addressed the Board stating that she has discussed remote processes and the level of business with the Community Development Director and the volume of applications have been tracking steady. She mentioned there has been a slight dip in inspections, but the departments are working on a video-related process that will allow inspections to be done remotely if needed.
8. COUNTY MANAGER UPDATE: Ms. Hoffmann updated the Board on this week’s coordination meetings and upcoming projects and activities.
9. COMMISSIONER ACTIVITY REPORTS: The Board detailed their attendance at events during the previous week.
10. LEGAL MATTERS: The Board went into Executive Session to discuss a potential interference with a prospective contractual relationship pursuant to C.R.S. 24-6-402(4)(b).
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners enter into Executive Session pursuant to C.R.S. 24-6-402(4)(b), conferences with an attorney for the purpose of receiving legal advice on specific legal questions regarding a potential interference with a prospective contractual relationship.
Motion carried 3-0
With there being no further business, the Board adjourned at 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Kayleigh Ogden, Deputy Clerk