MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioners Johnson and Gaiter were present. Also present were: Clint Jones, Engineering Department; Doug Ryan, Health and Environment Department; Rob Helmick, Planning Department; Bill Ressue, County Attorney’s Office; and Dana Polley, Deputy Clerk.
Chair Donnelly opened the hearing with the Pledge of Allegiance. He then noted that the agenda items were on consent and would not be discussed unless requested to do so by the Board, staff, or members of the audience.
Mr. Lafferty informed the Board that he had received a letter in opposition to agenda item #2, Ristvue II Rural Land Use Plan Lot 3 Amended Plat file #14S3244, after the report was completed. The opposition to this item was on the grounds that the existing building envelopes in the area create an ideal distance for scenic beauty and, therefore, should not be altered. Mr. Lafferty explained that this request would not put the new building any closer to any other property then what is normally allowed. Therefore, this opposition does not change staff’s report or recommendation to approve this item.
1. CARSTENS BACKBONE VIEW SUBDIVISION PHASE 2 TIME EXTENSION AND DEVELOPMENT AGREEMENT, FILE #05S2496: This is a request to amend the Development Agreement for the Carstens Backbone View Subdivision to extend time for Phase 2. The property owners propose an additional extension of the deadline to file the final plat for Phase 2 of the development. At the time of preliminary and subsequent final plat approval the owners did not believe, given the economy, that there was a reasonable market which could absorb the proposed lots. That condition continues today and the applicants are now asking for further time to extend submission of the Final Plat for the phase for an additional two years to 2016. This subdivision was approved in two phases with the Phase 1 being one lot for the existing home and the balance as two undivided blocks. Phase 2 is the balance of the lots proposed in this development, which required the road, drainage and water utility improvements.
Based on the review criteria, staff recommends approval of the Carstens Backbone View Subdivision Time Extension and Development Agreement Amendment, file #05-S2496, subject to the following condition:
1. Revise paragraph four the first bullet of the paragraph to read: the final plat for Phase 2 shall be submitted no later than July 31, 2016.
2. RISTVUE II RURAL LAND USE PLAN LOT 3 AMENDED PLAT FILE #14-S3244 : This is an amended plat of Lot 3, Ristvue II RLUP, to reduce the current building envelope of 50-feet along the northwest property line to 25-feet, which is consistent with O-Open zoning setbacks. The property 117 Crocus Dr. is located in Sec 32, T08N, R70W, and is Lot 3 of Ristvue II RLUP. The property is zoned O-Open and is 6.90 acres with on-site utilities. William and Jane Binder purchased the property in 2010 and the property was partially impacted by the High Park Fire in 2012; no structures were affected; however, multiple trees were burned.
The Binders submitted a building permit application to the Planning Department to review on June 23, 2014, for a proposed RV garage accessory outbuilding. The plan showed the proposed structure to the northwest of the single family residence on the property and it was accessed along with the house by the driveway. The proposed location of the garage would require grading and dirt removal of part of the hillside as this is a varied terrain lot. After discussion with the applicant/owner, topographical constraints were revealed on the property that makes development in other locations burdensome or impractical. Additionally, utilities on site restrict other areas for building. Mr. Binder also expressed that since this was a burn area, he would like to retain as many existing living trees on property and moving the location of the garage might require their removal.
Original plans showed that the structure was planned to be built 24-feet from the lot line. This was inconsistent with the O-Open zoning setback requirements detailing a 25’-25’-25’ setback for this property. The owner agreed to move the building 1-foot farther from the lot line in order to meet zoning requirements. After further research, it was discovered that on the Ristvue II RLUP final plat, there was an additional condition assigned by the Developer/ HOA to all lots within the RLUP that there would be an additional 25-feet building envelope added to the 25-feet setback. This brings the building envelope to 50-feet and at this discovery, the Amended Plat process was pursued in order to eliminate 25-feet of the building envelope in order to allow the building of the RV garage. This building envelope was not present on the plot submitted for the building permit. No record was found on the plat for Ristvue II RLUP or other documentation that gave an explanation for the 50-feet Building Envelope. The proposed Amended Plat is a possible option to remedy the current situation. The lots are rural and forested and the adjustment of the setback should have no adverse impact on surrounding land owners or the RLUP.
Based on the review criteria, staff recommends approval of the Ristvue II RLUP Lot 3 Amended Plat, file #14-S3244, to amend the 50-feet Building Envelope located on the northwest property line to 25-feet, consistent with the required setbacks for O-Open zoning district, 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 February 18, 2015, or this approval shall be null and void.
2. The vacation of the utility easement and 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.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda, as outlined above.
Motion carried 3-0.
The hearing adjourned at 3:05 p.m.
TUESDAY, AUGUST 19, 2014
The Board of County Commissioners met at 9:00 a.m. with County Manager Linda Hoffmann. Chair Donnelly presided and Commissioners Johnson and Gaiter were present. Also present were: Deni LaRue and Donna Hart, Commissioners’ Office; Rob Helmick, Planning Department; Mark Peterson, and Suzette Mallette, Engineering Department; Jacob Castillo, Work Force Center; and Dana Polley, Deputy Clerk.
Chair Donnelly asked for public comment and Sidna Rachid addressed the Board.
Chair Donnelly then opened the meeting with the pledge of allegiance.
1. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 11, 2014: Chair Donnelly explained that the Board had received additional comments from Fort Collins City Councilman Bob Overbeck regarding the scheduled mosquito spraying to include in last weeks minutes. The Board agreed to table approving the minutes until next week in order to include these comments.
2. REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 25, 2014 : Ms. Hart reviewed the upcoming schedule with the Board.
3. CONSENT AGENDA:
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as outlined below:
08192014A001 ADDENDUM TO MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES AND THE BOARD OF COUNTY COMMISSIONERS OR OTHER ELECTED GOVERNING BODY OF LARIMER COUNTY
08192014D001 DEED OF DEDICATION: REMY SANCHEZ
08192014D002 DEED OF DEDICATION: RIVER GLEN HOMEOWNERS ASSOCIATION
08192014R001 RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY MISTY CREEK PUBLIC IMPROVEMENT DISTRICT NO. 58
08192014R002 RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY COBBLESTONE FARMS PUBLIC IMPROVEMENT DISTRICT NO. 57
08192014R003 RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY LITTLE VALLEY GENERAL IMPROVEMENT DISTRICT NO. 14
08192014R004 RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY PINEWOOD SPRINGS GENERAL IMPROVEMENT DISTRICT NO. 2
08192014R005 RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY GRASSLANDS PUBLIC IMPROVEMENT DISTRICT NO.59
08192014R006 FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF RESIDUAL LOT A IN THE BUCKHORN MEADOWS CONSERVATION DEVELOPMENT
08192014R007 FINDINGS AND RESOLUTION APPROVING THE JENNINGS SIGN APPEAL
08192014R008 RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY DEPUTY DISTRICT ATTORNEY I SEPTEMBER 8, 2014
MISCELLANEOUS : Request for State Approval of Larimer County Core Services 3-year Plan; Department of Human Services Payments for June 2014; Letter of Support for Larimer County Weed District “Canyon Lakes Ranger District Noxious Weed Management/Mapping”; Findings and Order – Ellis Ranch, Inc. dba Ellis Ranch Event Center and Wedding Park.
LIQUOR LICENSES: The following license was approved and/or issued: Hog Wild Barbeque – Beer and Wine – Fort Collins.
Motion carried 3-0.
4. MIDDLE BALD MOUNTAIN COMMUNICATIONS SITE COMMENTS – ENVIRONMENTAL IMPACT STATEMENT: Mr. Helmick explained that the County’s Environmental Impact Statement draft is in the comment phase and was recently reviewed by the Red Feather Planning Advisory Committee (RFLPAC), as they represent one of the most directly involved and affected communities by this facility. The RFLPAC enthusiastically support the construction of the communications facility. Mr. Helmick recommended the Board sign a letter to forward to the Forest Service which includes the comments from RFLPAC.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the recommendations of the Red Feather Planning Advisory Committee and authorize the Chair to sign the letter.
Motion carried 3-0.
5. STATE OF COLORADO DEPARTMENT OF TRANSPORTATION AGREEMENT – GREENFIELDS CT AND STATE HIGHWAY 14: Mr. Peterson explained that this ramp project was successful in gaining funding this year in the amount of $2,100,000, which will be covered 80% by CDOT and 20% by local share. He further explained some of the improvements that will be made to this intersection and displayed a map of the project area to show where the improvements will be. Chair Donnelly expressed his strong support for this project and the need to make this interchange safer and commended the engineering department for getting this application for funding submitted.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the State of Colorado Department of Transportation Agreement with regards to the Greenfields Ct and State Highway 14 project.
Motion carried 3-0.
08192014A002 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION AGREEMENT WITH LARIMER COUNTY
6. CONSIDER RESOLUTION TO REFER EXTENSION OF EXISTING SALES TAX MEASURE TO BALLOT TO OPERATE THE COUNTY-WIDE JAIL: Ms. Hoffmann explained that the current resolution includes the language that the Board discussed with the County Attorney’s office last week. She further provided some figures regarding the current incarceration rate in the county which demonstrates that Larimer County is well below the usual benchmark for the state which is due to a lot of the programs Larimer County has in place to reduce jail population, serve individuals with mental health needs, and emphasize alternative sentencing programs. This resolution is to place an extension on a portion of the existing tax onto the ballot. Currently the full tax amount is 2 cents on a $10.00 purchase, the extension amount would be 1 ½ cents on a $10.00 purchase, which would allow for the operation of the jail to continue. It would also keep the County budget from dipping into reserves for normal operating expenses.
The Board expressed their support for an extension of this tax and is glad to see it put on the ballot.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the Jail Sales Tax Resolution.
Motion carried 3-0.
08192014R009 A RESOLUTION DESCRIBING A PROPOSAL FOR THE EXTENSION OF A FIFTEEN ONE-HUNDREDTHS OF ONE PERCENT COUNTYWIDE SALES AND USE TAX FOR OPERATION OF THE LARIMER COUNTY JAIL; AMENDING CERTAIN PROVISIONS OF THE 1997 LARIMER COUNTY JAIL SALES TAX REFERRED MEASURE
7. MANAGER WORKSESSION: Ms. Hoffmann mentioned that she is attending a conversation on Thursday about programs associated with evidence based decision making put on by the Nation Institute of Corrections. She and staff attending are hoping to take away some additional innovative things communities can do to help provide more programs and more diversity of corrections opportunities using evidence based decision making.
8. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities at events during the previous week.
9. NORTHERN COLORADO ECONOMIC DEVELOPMENT CORPORATION (NCEDC) UPDATE: Walt Elish, President and CEO of NCEDC, thanked the Board for their investment in NCEDC which aides them in carrying out their mission and to leverage other monies from both the public and private sector. He also thanked staff for their partnership and work with the NCEDC. He presented a brief overview of the numbers from last years job market and updated the Board on some employers who are expanding in Larimer County.
10. LEGAL MATTERS: There were no legal matters to discuss.
The meeting adjourned at 10:25 p.m.
TOM DONNELLY, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Dana S. Polley, Deputy Clerk