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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, April 7, 2014

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioner Johnson was present. Also present were: Brenda Gimeson, Savanah Benedick, and Michael Whitley, Planning Department; Clint Jones, Engineering Department; Doug Ryan, Health and Environment Department; Jeannine Haag, County Attorney’s Office; and Dana Polley, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance, and explained that the following items were on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

Mr. Lafferty stated that there was an amendment to the conditions for item #2: Buehler Green Acres RLUP Residual Lot C Amended Plat File #S3212. He explained that this item will be settled with a Findings and Resolution and not a plat; therefore, condition #1 should be stricken from the record.

 

1.         BIG ELK MEADOWS LOTS 1 & 2 TRACT 2 AND LOT 49 TRACT 6 AMENDED PLAT, FILE #14-S3211:  This is a request to amend and reconfigure the contiguous lot boundary of Lot 49, Tract 6 and Lots 1 and 2, Tract 2 of the Big Elk Meadows Subdivision. The Big Elk Meadows Subdivision was recorded in July of 1961, and amended several times over the years with amended plats and lot reconfigurations.  This property is currently zoned O-Open and that will remain the same.  The owners each own one of the lots involved and they jointly own a third lot which is in between each of their homesites. The application is requesting a reconfiguration that divides the jointly owned lot between the other two lots to increase the overall lot size of two of the lots. All owners have agreed to the changes as proposed and signed the application form as submitted.  There are no proposed changes in the existing access or drainage.

 

Staff finds that the request meets the requirements of the Larimer County Land Use Code with the conditions as outlined below. And therefore, staff recommends approval of the Amended Plat of Lot 49, Tract 6 and Lots 1 and 2, Tract 2 of the Big Elk Meadows Subdivision File #14-S3211, to reconfigure the lots subject to the following conditions and authorization for the chair 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 October 7, 2014, or this approval shall be null and void.

 

2.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by County Planning Staff and Brian Helminiak, Land Surveyor of the Larimer County Engineering Department.

 

3.   The reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded.

 

2.         BUEHLER GREEN ACRES RLUP RESIDUAL LOT C AMENDED PLAT FILE #14-S3212:   This is a request to amend the building envelope for Residual Lot C by moving its location. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners with an exhibit attached.

 

This property is located southwest of the Town of Berthoud, off of County Road 2E and east of Highway 287 and is located in the Buehler Green Acres RLUP. The property is currently zoned FA1-Farming and that will remain the same.  The Buehler Green Acres RLUP received final approval in July, 2001. The project contained about 250 acres and was approved with 11 single-family residential lots and 3 residual lots, each allowed one single-family residence located within a designated building envelope.  Each building envelope limited the development area. 

 

The building envelope was originally placed near County Road 2E and on the irrigated farmland.  The current property owners would like to move that building envelope away from the road and on the less productive, dryland agricultural land. This will require the applicant to cross an existing lateral ditch on the property with a driveway.  The applicant has secured approval to cross this ditch from the ditch company.  The access point will also change and the applicant has worked with the Larimer County Access Coordinator to place this new access point.

 

The boundary line of the lot will remain the same.  The building envelope will be shaped differently than previously platted but will remain the same size as the original building envelope, 5 acres.  All covenants, deed restrictions and other conditions which applied to the original Rural Land Use Plan will continue to apply.  This proposal meets the review criteria. 

 

Therefore staff recommends approval of the Buehler Green Acres RLUP Amended Plat, Residual Lot C, File #14-S3212 subject to the following condition(s).

 

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

 

2.   The reconfiguration of the building envelope lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded with the exhibit showing the new location of the building envelope.

 

3.         CUSHMAN’S LAKEVIEW 2ND LOT 30 & 31 LOT CONSOLIDATION, FILE #14-S3215:   This is a request for a Lot Consolidation to combine Lots 30 and 31 of the Cushman’s Lakeview 2nd Filing into one lot. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.

Both lots currently access Edith Drive and that access will remain. Both lots are owned by the same individuals. There is currently no single-family residences on the property. Lots in this subdivision were platted prior to subdivision regulations in 1968. These are both legal building lots.   

 

Based on the review criteria staff finds that the proposed Cushman’s Lakeview 2nd Filing Lot Consolidation for Lots 30 and 31 will not adversely affect any neighboring properties or any County agency. The Lot Consolidation will not result in any additional lots and no other services will be affected. The staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

Therefore, staff recommends approval of the Lot Consolidation for the Cushman’s Lakeview 2nd Filing Lots 30 and 31 Lot Consolidation File #14-S3215 subject to the following conditions:

 

1.   All conditions shall be met and the final resolution of the County Commissioners recorded by October 7, 2014, or this approval shall be null and void.

 

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

 

3.    The reconfiguration of the lots lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.

 

4.    ESTES PARK ESTATES FILING LOTS 36 & 37 AMENDED PLAT/EASEMENT VACATION, FILE #14-S3209:  This is a request to amend the Plat of Lots 36 and 37, Estes Park Estates 2nd Filing, to modify the common lot line to match existing structures and clean up the legal description. The request also includes vacating the 10-foot utility easement located along the common lot line and re-dedicating the easement along the new lot line.

 

The subject properties include Lots 36 and 37 of the Estes Park Estates 2nd Filing. The Estes Park Estates 2nd Filing was filed in 1965 and contains some inaccuracies due to topography and the technical instruments available at that time.

 

Based on the review criteria staff finds that the proposed Amended Plat for Lots 36 and 37, Estes Park Estates, 2nd Filing, will not adversely affect any neighboring properties or any County agencies. The proposed amended plat is supported by County Staff in order to match existing structures and clean up the legal description of these two lots.

 

Therefore, staff recommends approval of the Amended Plat to modify the common lot line to match existing structures, clean up the legal description and vacate and re-dedicate the existing utility easement along the common lot line, subject to the following condition and authorization for the chair 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 October 7, 2014, or this approval shall be null and void.

 

5.         FORT COLLINS BUSINESS CENTER, AMENDED LOTS 7 & 8, FILING UTILITY EASEMENT VACATION, FILE #14-S3215:          This is a request to vacate a 10-foot wide utility easement along the southern lot line of Lot 78 of the Amended Plat of Lots 7 & 8, Fort Collins Business Center, First Filing.

 

This application requests the vacation of a 10-foot wide utility easement along the southern lot line of Lot 78 of the Amended Plat of Lots 7 & 8, Fort Collins Business Center, First Filing.  The property contains a commercial building that was constructed in 1993.  The vacation is requested to accommodate a proposed covered parking structure which is being reviewed through a separate Site Plan Review process.

 

Based on the review criteria the proposed easement vacation meets the applicable review criteria and no review agencies have any concerns with the request. Therefore, staff recommends approval of the Lot 78, Fort Collins Business Center, Amended Lots 7 & 8, First Filing Utility Easement Vacation, File #14-S3210.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda with the amendment to item #2.

 

Motion carried 2-0.

 

The hearing adjourned at 3:05 p.m.

 

 

TUESDAY, APRIL 8, 2014

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Donnelly presided and Commissioners Johnson and Gaiter were present. Also present were: Donna Hart, and Deni LaRue, Commissioners’ Office; Marc Engemoen, Public Works Department; Mark Peterson, Engineering Department; Jeannine Haag, David Ayraud, and William Ressue, County Attorney’s Office; and Dana Polley, Deputy Clerk.

 

Chair Donnelly opened the meeting with the Pledge of Allegiance, and then Eric Sutherland, Mel Hilgenberg, and Thomas Mills addressed the Board for public comment.

 

1.         APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 31, 2014:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of March 31, 2014.

 

Motion carried 3-0.

 

2.         REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 14, 2014:   Ms. Hart reviewed the upcoming schedule with the Board.

 

3.         CONSENT AGENDA:

 

Chair Donnelly explained that planning staff had requested to remove item #2: First Amendment to the Development Agreement and Residual Land Use Restrictions for Hidden Valley Estates III RLUP, from the consent agenda until a further date due to it being incomplete.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as outlined below, with the agreement #2 being removed previously by staff:

 

04082014A001           FOURTH ADDENDUM TO DEVELOPMENT AGREEMENT OF BENNETT CONSERVATION DEVELOPMENT FILE NO. 03-S2142

 

04082014D001           DEED OF DEDICATION: FORT COLLINS COUNTRY CLUB

 

04082014R001           RESOLUTION REGARDING EXTENSION OF APPROVAL FOR THE AMENDED PLAT OF INDUSTRIAL AND BUSINESS PARK INTERNATIONAL PUD LOTS 5-9 AND RIGHT-OF-WAY AND RELOCATION AND EASEMENT VACATION AND RELOCATION

 

MISCELLANEOUS:   Approval to Use Jail Sales Tax Funds for Four Projects at the Jail; Colorado Waste Tire Grant Program Illegal Waste Tire Cleanup Application.

 

LIQUOR LICENSES:  The following licenses were issued and/or approved: Fort Collins Elks Lodge BPOE #804 – Special Event 6% - Fort Collins; Overland Foods – 3.2% Beer Retail – LaPorte; Senor Rafeal at the Mexican Inn – Hotel & Restaurant – Loveland; Sundance Trail Guest Ranch – Retail Liquor Store – Red Feather Lake; Best Western Plus Crossroads Inn – New Manager Registration – Loveland; Pryme Time @ the Forks – Retail Warehouse Storage Permit – Livermore; Fort Namaqua Liquors – Change of Corporate Structure – Loveland.

 

Motion carried 3-0.

 

4.         BOXELDER STORMWATER AUTHORITY: FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR STORMWATER COOPERATION IN THE BOXELDER BASIN; AND COUNTY ROAD 52 INTERGOVERNMENTAL AGREEMENT:  Mr. Peterson briefly reviewed the agreements which had been updated since the previous meeting. Some discussion followed regarding specifics of the agreements.

 

Commissioner Gaiter stated that he will support these agreements and is glad there is a termination date for fees, but it would have been his preference to terminate the entire authority.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve First Amendment to Intergovernmental Agreement for Stormwater Cooperation in the Boxelder Basin and further move to approve the Intergovernmental Agreement for the Larimer County Road 52 Project.

 

Motion carried 3-0.

 

04082014A003           FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR STORMWATER COOPERATION AND MANAGEMENT

 

04082014A004           INTERGOVERNMENTAL AGREEMENT FOR THE LARIMER COUNTY 52 PROJECT

 

5.         COUNTY MANAGER WORKSESSION: Ms. Hoffmann gave some updates on flood recovery. She explained that there has been some confusion with the information from FEMA and the office of the Investigator General. She requested the Board’s support of staff drafting a letter to highlight some of the recovery issues being faced by the County to send to the Governor’s Office. She also mentioned that staff is working on updating a comprehensive spreadsheet of costs for flood disaster and recovery to show the Board. She further explained that a large amount of flood reimbursement from FEMA is on a delayed schedule and so staff is working to adjust to these delays.

 

6.         COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their involvement at events during the past week.

 

7.         LEGAL MATTERS:  Ms. Haag requested that the Board go into executive session for confidential legal advice regarding right of way for County Road 21F.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners go into executive session for conferences with an attorney for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402 (4)(b) C.R.S. for right-of-away matters regarding County Road 21F.

 

Motion carried 3-0.

 

The executive session ended at 10:30 a.m., with no further action taken.

 

 

THURSDAY, APRIL 10, 2014

 

CONDITIONS OF APPROVAL FOR

HIDDEN VALLEY ESTATES III RLUP

 

The Board of County Commissioners met at 1:00 p.m. with Jeannine Haag, County Attorney. Chair Donnelly presided via teleconference and Commissioner Johnson was present. Also present were: Brenda Gimeson, Planning Department; and Dana Polley, Deputy Clerk.

 

Ms. Haag briefly explained that the developer for Hidden Valley Estates III RLUP is requesting the county to approve a release stating that a $5,000 deposit into escrow from the sale of each lot for improvements to State Highway 34 shall be sufficient, and that the developer will not be responsible for any additional costs.

 

Some discussion continued regarding the history of these lots and the commissioners agreed that they should approve this agreement.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the release as approved by the County Attorney and authorize the chair to sign the release on Tuesday as part of the consent agenda.

 

Motion carried 2-0.

 

The meeting ended at 1:15 p.m.

 

 _______________________________

TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

 

 

 

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Dana S. Polley, Deputy Clerk