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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, DECEMBER 27, 2004

LAND USE HEARING

(#150)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner; Chair Pro-Tem Gibson presided, and Commissioner Bender was present.  Also present were:  Doug Ryan, Health Department; Roxann Hayes, Engineering Department; Karin Madson, and Porter Ingrum, Planning Department; Jeanine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Pro-Tem Gibson opened the meeting with the Pledge of Allegiance and asked for public comment on the Larimer County Land Use Code and the County Budget.  No one from the audience addressed the Board regarding these topics.

 

Chair Pro-Tem Gibson noted that the first item on the agenda, regarding the Crystal Lakes 11th Filing Lots 46, 47, & 49B Amended Plat and Easement Vacation, is on consent and would not be discussed unless requested by the Board, staff or members of the audience. 

 

1.  CRYSTAL LAKES 11TH FILING LOTS 46, 47, & 49B AMENDED PLAT AND EASEMENT VACATION; #04-S2370:  This request is for an Amended Plat of Lots 46 and 47, Crystal Lakes, Eleventh Filing PUD and Lot 49B of the Amended Plat of Lot 49A of the Amended Plat of Lots 49 & 50 Crystal Lakes Eleventh Filing PUD- To reconfigure lot lines and combine three adjacent lots into two lots.  The application also requests the vacation of the common interior utility easement for these lots.  No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; The Land Surveyor of the Larimer County Engineering Department; The Larimer County Engineering Department Development Review Team.  The proposed plat amendment of Lots 46 and 47, Crystal Lakes, Eleventh Filing PUD and Lot 49B of the Amended Plat of Lot 49A of the Amended Plat of Lots 49 & 50 Crystal Lakes Eleventh Filing PUD to reconfigure lot lines, combine three adjacent lots into two lots and vacate utility easements will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots.  The staff finds that the request meets the requirements of the Larimer County Land Use Code.  The Development Services Team Recommendation is for approval of File #04-S2370, the Amended Plat of Lots 46 and 47, Crystal Lakes, Eleventh Filing PUD and Lot 49B of the Amended Plat of Lot 49A of the Amended Plat of Lots 49 & 50 Crystal Lakes Eleventh Filing PUD and the vacation of the 20’ utility easements located on the common lot lines 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:  1.  The Final Plat shall be recorded by June 27, 2005 or this approval shall be null and void.  2.  Prior to the recordation of the Final Plat the applicant shall make the technical corrections requested by Dale Greer, Land Surveyor of the Larimer County Engineering Department.  3.  The vacation of the utility easement and the reconfiguration of the lot 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 Bender moved that the Board of County Commissioners approve the Crystal Lakes 11th Filing Lots 46, 47, & 49B Amended Plat and Easement Vacation, file #04-S2370 as outlined above.

 

Motion carried 2-0.

 

2.   MACLAUGHLIN MINOR-LAND DIVISION; #04-S2243:  This is a request for a Minor Land Division to recognize a conditional exemption parcel as a separate legal (buildable) lot.  The request is subject to conditional approval to use the Minor Land Division process, including compliance with all Land Use Code standards.  The applicant is also requesting an Appeal to Section 8.14.2.F. to allow a private road to serve the proposed lot without meeting required criteria.  The applicant owns three parcels in the Pinewood Springs area. Two of the applicant’s parcels (Lot M and Lot L) are part of Pinewood Springs Third Filing.  The third parcel, known as Tract 2 of the Birnbaum Exemption (File #176-73) is the subject of this application. This area is zoned O-Open and characterized by smaller subdivision parcels and 10 acre or larger tracts. Roosevelt National Forest, Boulder County, Pinewood Springs and an exemption tract (Tract 1 of the Birnbaum Exemption), border the subject property. Planning Staff made the determination in 1995 that Lot M Pinewood Springs Third Filing and Tract 2 of the Birnbaum Exemption (subject property) are to be considered a single parcel, based on the approval language for the Exemption.  Therefore, Tract 2 of the Birnbaum Exemption is not currently considered a separate legal lot.  The Birnbaum Exemption file documentation indicates that in 1973, when Tract 2 of the Birnbaum Exemption was created, it was intended to be sold to the party owning Lot M, Pinewood Springs Third Filing.  A letter dated January 16, 1973 from Hank Birnbaum of the Pinewood Springs Corporation indicated that “It [the lot] will not be built on.”   The letter from the County (refer to letter from Kitty Walker dated March 2, 1973) approving the Exemption lists four conditions of approval including the following two:  1. Tract 1 must go on the subdivision’s water system rather than drilling their own well.  2.  Tract 2 (type unclear) is to become part of Lot M, Third Filing, and is not to be considered separate therefrom.  That is, another building would not be permitted on this tract separate from Lot M, and the tract could not be sold separate from Lot M.   The applicant gained the following approvals in the process of requesting this lot be recognized as a separate legal (buildable) lot:  1. June 25, 2002: Board of Adjustment conditional approval of a lot size variance to allow a lot 7.18 acres in size rather that the required 10 acres in the O-Open zone.  2.  March 4, 2003: Board of County Commissioners conditional approval of an appeal request to use the Minor Land Division process rather than the required Subdivision process to change the status of a 7.178 acre parcel to a separate legal lot.  3.  May 27, 2003: Board of Adjustment time extension for original lot size variance.  Staff summary and conclusions are as follows:  The MacLaughlin M.L.D. Appeal (file #02-G0041) to use the Minor Land Division process to recognize a 7.178 acre parcel as a legal lot through the Minor Land Division process rather than the subdivision process as required by Section 5.1 resulted in a conditional approval.  The conditions of the Appeal approval have not been met with this application.  One of the conditions of that approval was that “the Minor Land Division process shall ensure compliance with all standards of the Larimer County Land Use Code and all other federal, state and county laws and regulations.”  Approval of this request would be inconsistent and contrary to the approval that created the ability of the applicant to use this M.L.D. process.  This application as proposed, does not meet the requirements for safe and adequate access (Section 8.1.5) or the criteria for approval of an appeal to use a private road rather than the required publicly dedicated right-of-way (Section 8.14.2.F).  The purpose is to create a legal (buildable) lot for a new single family residence.   Approval of this request would create a buildable lot that may be inaccessible and therefore not protect the safety and welfare of occupants.   The Development Services Review Team recommends denial of this application because the application does not meet the requirements of the conditional M.L.D. approval or the requirements of the Larimer County Land Use Code for safe and adequate access and the required criteria for the use of private roads.  Staff findings are that the proposed MacLaughlin Minor Land Division does not meet the Review Criteria for Minor Land Divisions as contained in Section 5.4.3 of the Larimer County Land Use Code or the conditions from the previous MacLaughlin M.L.D. Appeal approval (file #02-G0041).  Staff recommends denial of the MacLaughlin Minor Land Division File #04-S2243 application.  Staff also recommends denial of the requested appeal to Land Use Code Section 8.14.2.F. to allow a private road to serve the proposed lot without meeting the required criteria.   Ms. Madson noted that the water issues have been determined; however, access to the property is still an unresolved issue.  Chair Pro-Tem Gibson asked if the property was part of Pinewood Springs, as there are problems with adequate water in the Pinewood Springs Subdivision.  Ms. Madson stated that this property is not in the Pinewood Springs Subdivision and that the State has issued a well permit for the property. 

 

At this time the applicant, Barry MacLaughlin, addressed the Board.  Mr. MacLaughlin stated that he purchased the property nine years ago and that he has been paying residential taxes on the land ever since; he presented the following five handouts to the Board for their review:  1.  Larimer County Office of the Treasury Property Tax Statement for Parcel #1433300013.  2.  Larimer County Assessor's Office Real Property Notice of Value for Parcel #1433300013.  3.  Property Deed of Trust for Parcel #1433300013 from Larimer County Clerk & Recorder's Office.  4.  Larimer County Assessor's Office map of Land Parcel Identification numbers in the area.  5.  Larimer County Planning Department letter regarding Birnbaum Exemption conditions that had to be met for approval of exemption.  Mr. MacLaughlin noted that he discovered his property was not listed as a buildable lot when he filed the initial application with the Planning Department in February of 2002; however, he was told that he could utilize the Minor Land Division process to possibly make it a legal lot and place a home on it.  Mr. MacLaughlin stated that he has met with the State of Colorado Water Resources Division, he has met with Pinewood Springs home owners, he has hired Rick Zier as his attorney for legal advice, he has created a Road Access Agreement with adjoining neighbors to rectify the access issue, and he has conducted a topographical study to determine the slope of the terrain for the property.   Mr. MacLaughlin stated that the road he is proposing exceeds the Planning Standards for the first 160 feet as the slope is greater than 15% for this first 160 feet; however, it then levels out and the remaining 450 feet of road is basically flat.   Mr. MacLaughlin stated that this is consistent with the rest of the mountainous roads in the area.  He further noted that the road meets the rest of the requirements as outlined in Appendix G (Larimer County Road Standards).  Mr. MacLaughlin requested Board approval on the application as presented, with the ability to use the original land survey to complete the final plat requirements.  Mr. Zier stated that they are presenting an application that is a better solution in constructing road to access the subject property.  Mr. Zier stated that a road will be built either by utilizing the already approved easement located on the Osse property (adjoining Lot K), or by the Board's approval of this application, which is supported by the Osse's.   At this time Chair Pro-Tem Gibson opened the hearing up for public comment and Brad March, Attorney for the Osse's, addressed the Board stating that this has been a long and complicated process for all concerned.  Mr. March noted that the Osse's were unaware that there was an easement dedicated for Lot L, and both sides have been working on a solution that will be mutually beneficial.   Much discussion ensued regarding the road, the slope of the road, the easement that has already been approved and the connection of Tract 2 to either adjoining Lot M or Lot L.  Planning Staff noted that it was clearly stated on the deed that tract 2 was not a buildable lot, and that they are not is support of creating a new lot that deviates from the County Standard.  The Board agreed and stated that they also were not in support of approving the application, as the original intent was for the property to remain vacant land, and the slope of the proposed access differs greatly from the standards for road construction.  The Board asked if the applicant wished to continue working with Planning staff to see if they could come up with a resolution that meets the standards. 

 

M O T I O N

 

Commissioner Bender moved that the Board of County Commissioners re-open public comment.

 

Motion carried 2-0.

 

Mr. March requested the Board table the item so that staff and the involved parties could continue to work together towards a solution.

 

Chair Pro-Tem Gibson closed public comment and Mr. MacLaughlin stated that in his opinion, there would be nothing further to explore as the slope of the terrain is not going to change and that seems to be the biggest concern for all.  Mr. MacLaughlin stated that he would just have to use the already approved easement on the Osse property, and combine Tract 2 with Lot L and file an amended plat. 

 

M O T I O N

 

Commissioner Bender moved that the Board of County Commissioners deny the MacLaughlin Minor Land Division File #04-S2343 application.

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Bender moved that the Board of County Commissioners deny the appeal to Land Use Code Section 8.14.2.F with regards to the MacLaughlin Minor Land Division File #04-S2343.

 

Motion carried 2-0.

 

There being no further business, the meeting adjourned at 4:15 p.m.

 

TUESDAY, DECEMBER 28, 2004

 

ADMINISTRATIVE MATTERS

(#151)

 

The Board of County Commissioners met at 9:00 a.m. with Assistant County Manager Neil Gluckman.  Chair Pro-Tem Gibson presided and Commissioner Bender was present.  Also present were Frank Lancaster, and Deni LaRue, Commissioner’s Office; George Hass and Jeannine Haag, County Attorney's Office; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:  Steve Cathcart, Gail Moore, Tom Schipper and Amy Wager addressed the Board with their concerns regarding the Special Events Permits process in that they feel the new regulations will be too cost prohibitive, and will cause the road races, marathons, and other physically competitive races to cease, since they are usually hosted by non-profit organizations who will not able to afford the increased cost.   Discussion ensued regarding how to make the races safer and affordable.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 20, 2004:

 

M O T I O N

 

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of December 20, 2004, as presented.

 

Motion carried 2-0.

 

3.  CONSENT AGENDA:

 

M O T I O N

 

Commissioner Bender moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for December 28, 2004:

 

12282004A001           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LARIMER HUMANE SOCIETY

 

12282004A002           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS FOR THE USE AND BENEFIT OF LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES OFFICE ON AGING PROGRAM AND VOLUNTEERS OF AMERICA COLORADO BRANCH

 

12282004R001           FINDINGS AND RESOLUTION APPROVING OLYMPUS HEIGHTS AMENDED PLAT

 

12282004R002           FINDINGS AND RESOLUTION APPROVING THE GARNET VALLEY ACRES SUBDIVISION AND SECTION 8.14.2.N APPEAL

 

12282004R003           FINDINGS AND RESOLUTION APPROVING THE EHRLICH MINOR LAND DIVISION

 

12282004R004           FINDINGS AND RESOLUTION APPROVING THE HALL SECOND AMENDED EXEMPTION AMENDED PLAT AND EASEMENT VACATION

 

12282004R005           FINDINGS AND RESOLUTION APPROVING MCDONOUGH MINOR RESIDENTIAL DEVELOPMENT #2 TRACT 2 AMENDED PLAT

 

12282004R006           FINDINGS AND RESOLUTION APPROVING THE DRAKE PRELIMINARY RURAL LAND PLAN

 

12282004R007           FINDINGS AND RESOLUTION APPROVING THE HECKENDORF PRELIMINARY RURAL LAND PLAN

 

12282004R008           RESOLUTION REGARDING EXTENSION OF APPROVAL FOR THE AMENDED PLAT FOR DANIEL-WARNER LAND DIVISION

 

12282004R009           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF CRYSTAL LAKES 9TH FILING LOTS 71, 72, AND 73

 

12282004R010           RESOLUTION ESTABLISHING COMPENSATION FOR LARIMER COUNTY APPOINTED OFFICIALS

 

 

12282004R013           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT FOR LOTS 29A, 29B, 30A, 30B, 30C, 30D, AND A PORTION OF LOT 31, BLOCK 19A IN HIAWATHA HEIGHTS SUBDIVISION

 

12282004R014           FINDINGS AND RESOLUTION APPROVING THE GRANT-STEPHENS MINOR LAND DIVISION

 

12282004R015           RESOLUTION CONCERNING EMPLOYMENT CONTRACT WITH THE COUNTY MANAGER FOR 2005

 

12282004R016           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIAL

 

12282004R017           RESOLUTION APPROVING THE LAW ENFORCEMENT ASSISTANCE FUND (LEAF) CONTRACT L-33-05

 

12282004R018           FINDINGS AND RESOLUTION APPROVING CRYSTAL LAKES 11TH FILING LOTS 46, 47, & 49B AMENDED PLAT AND EASEMENT VACATION

 

MISCELLANEOUS:  Ehrlich Minor Land Division Plat; Letter of Support for Two Federal Transit Grants Requesting Federal Support in FY 2005.

 

LIQUOR LICENSES:  The following license was both approved and issued:  Red Feather High Country Restaurant & Lounge - Hotel Restaurant Transfer of Ownership and Temporary Permit, Red Feather Lakes.  The following action was approved:  Club Osirus Change of Corporate Structure.

 

Motion carried 2-0.

 

4.  REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 3, 2005:  The Board reviewed the upcoming schedule for the week of January 3, 2005.

 

5.         RESOLUTION REGARDING THE DISTRICT ATTORNEY'S OFFICE PARTICIPATION IN PERA:  Mr. Gluckman presented a Resolution per the Board's decision to not support the District Attorney's office participation in PERA at this time due to budget constraints.  Mr. Gluckman noted that the Resolution allows for the Board to consider this request again in the future.

 

M O T I O N

 

Commissioner Bender moved to approve the Resolution finding that it is not presently fiscally appropriate to make an election at this time to include officials and employees of the office of the District Attorney to participate in the Colorado Public Retirement Association (PERA).

 

Motion carried 2-0.

 

12282004R011           RESOLUTION FINDING THAT IT IS NOT PRESENTLY FISCALLY APPROPRIATE TO MAKE AN ELECTION AT THIS TIME TO INCLUDE OFFICIALS AND EMPLOYEES OF THE OFFICE OF THE DISTRICT ATTORNEY TO PARTICIPATE IN THE COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION

 

6. RESOLUTION ESTABLISHING SPECIAL EVENTS PERMIT REQUIREMENTS:  Mr. Lancaster presented the resolution regarding special events permits and noted a change to be made in section three, pertaining to the $500.00 fee for road closures; he explained that the second sentence should read "An additional fee of $500.00 shall be included if a complete road closure is required for the event."  Mr. Lancaster wanted it to be clear that the $500.00 fee only pertained if they had to close the road completely in order to conduct the event.

 

M O T I O N

 

Commissioner Bender moved to approve the Resolution Establishing Special Events Permit Requirements, with the change as outlined above.

 

Motion carried 2-0.

 

12282004R012           RESOLUTION ESTABLISHING SPECIAL EVENT PERMIT REQUIREMENTS FOR LARIMER COUNTY ROADS

 

7.   WORKSESSION:  There were no work session items to discuss.

 

8.  COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week.

 

9.  LEGAL MATTERS:  Mr. Hass presented the Legal Services Agreement for the County and requested Board approval on the same.  Chair Pro-Tem Gibson had questions regarding the term and Mr. Hass clarified that although the agreement is for a five year term, (renewable annually), the Board may terminate the agreement at any time.  Mr. Hass also noted that the Legal Services Agreement for the Department of Human Services is being provided as an attachment and that the County Manager has already signed this document.

 

12282004A003           LARIMER COUNTY, COLORADO COUNTY ATTORNEY SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HARDEN, HASS, HAAG & HALLBERG, P.C.

 

There being no further business, the meeting adjourned at 10:10 a.m.

 

THURSDAY, DECEMBER 30, 2004

 

The following document, already authorized for signature, was signed by the Chair Pro-Tem on December 28, 2004:

 

12302004A001           FINANCING AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE RIVENDELL SCHOOL OF NORTHERN COLORADO AND WELLS FARGO BANK (Development Revenue Bond Issuance)

 

 

 

 

 

                                                                        ____________________________________

                                                            GLENN W. GIBSON, CHAIR PRO-TEM

                                                                        BOARD OF COMMISSIONERS

 

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

 

ATTEST

 

 

___________________________________

Gael M. Cookman, Deputy Clerk