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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 11/19/07  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, NOVEMBER 19, 2007

 

LAND USE HEARING

(#141)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principle Planner.  Chair Rennels presided and Commissioner Eubanks was present.  Also present were:  Russ Legg, Jill Bennett, Matt Lafferty, Karin Madson and Toby Stauffer, Planning; Matt Johnson, Engineering; Doug Ryan, Environmental Health Planner; William Ressue, Assistant County Attorney; and Angela Myers, Deputy Clerk.

 

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

 

Chair Rennels explained that the following items are on consent and would not be discussed unless requested by the Board, staff or members of the audience:

 

1. RED FEATHER LAKES BUSINESS PROPERTY REZONING, FILE #07-Z1662:  This is a request to rezone existing business and civic uses in the Red Feather Lakes Plan Area to RFLB-Red Feather Lakes Business zone.  Many existing non-residential uses in the Red Feather Lakes Plan Area are either non-conforming uses or have very specific or restrictive use requirements that limit flexibility in the ways that owners can respond to changing community needs.  The Red Feather Lakes Area Plan adopted August 2006 recommends that the County initiate a rezoning of existing businesses within the Plan area, and also consider creation of a new zone district designed specifically to meet the needs of the Red Feather Lakes community. 

 

The Planning Department has been working with business owners in Red Feather Lakes and with the Red Feather Lakes Planning Advisory Committee on these issues since the Plan was adopted.  The Red Feather Lakes Business zone was developed and adopted in August 2007 to meet the unique needs of the community.  The current application will rezone existing business and civic uses to the new RFLB-Red Feather Lakes Business zone.  The owners of the business properties included in this application have requested this change in zoning.

 

The Larimer County Planning Commissioners and the Development Services Team recommend that the Board of County Commissioners approve this request to rezone the existing business and civic uses detailed in Exhibit A to RFLB-Red Feather Lakes Business zone.

 

Commissioner Eubanks indicated that he did not wish to pull this item from the Consent Agenda, but did have a question about the one property that was not being included in this zoning request.  Ms. Bennett indicated that that particular property is already zoned commercial.  Chair Rennels expressed her appreciation to Ms. Bennett and all those who worked to see this three-year-long effort to completion.

 

2. GLACIER VIEW MEADOWS 12TH FILING LOTS 203 & 209 LOT CONSOLIDATION, FILE #07-S2730:  This request is to combine two adjacent Lots, Lots 203 and 209, into one lot in the Glacier View Meadows 12th Filing PUD. 

 

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:  Department of Health and Environment, Engineering Department Development Review Services; Assessor’s Office; and the Addressing Section.  For detailed comments please see file correspondence from each department. The Assessor’s letter provides the new legal description of the resultant lot and the Addressing Section letter indicates that the address of this lot may be reviewed for compliance and changed as necessary with the Rural Addressing Improvement Project. Staff referred the application to other internal and external reviewing agencies and the affected utility companies, no other comments were received.

 

The proposed Lot Consolidation of Glacier View Meadows 12th Filing PUD Lots 203 and 209 will not adversely affect any neighboring properties or any county agency.  The Lot Consolidation will not result in any additional lots.  The staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

Development Services Team recommends approval of Lot Consolidation for Glacier View Meadows 12th Filing PUD Lots 203 and 209, subject to the following two conditions:  1.           All conditions of approval shall be met and the final resolution of the County Commissioners recorded by May 19, 2008; 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.  HIAWATHA HEIGHTS LOT 22, BLOCK 19 AND LOT 1, BLOCK 20 AMENDED PLAT, FILE #07-S2733:  This request is to amend the plat of Hiawatha Heights to adjust the lot lines of two lots to allow both lots to have access to Cliff Drive and to separate two cabins onto separate parcels. Both lots will be smaller than the minimum lot size, though neither lot will be smaller than the two parcels originally.

 

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:  Engineering Department Development Review Team; Addressing Review Section; and Department of Health and Environment.  Comments received from the Land Surveyor of the Larimer County Engineering Department identify several required corrections to the plat.

 

The proposed plat amendment to adjust the lot line between Lot 22, Block 19, and Lot 1 of the Amended Plat of Lots 16-22, Block 20 of Hiawatha Heights Subdivision, 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 recommends approval of the Amended Plat of Hiawatha Heights Lot 22, Block 19, and Lot 1 of the Amended Plat of Lots 16-22, Block 20, subject to the following three 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 April 19, 2008, or this approval shall be null and void.  2. Prior to recordation of the Amended Plat, deeds must be provided transferring ownership.  3. 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.

 

4.  HIAWATHA HEIGHTS LOT 1, BLOCK 11 AND LOT 1 OF THE AMENDED PLAT OF LOT 2 AMENDED PLAT/EASEMENT VACATION, FILE #07-S2734: The request is to include a portion of Lot 1, Block 11 Hiawatha Heights to the amended plat of Lots 1 and 2, Block 11 of Hiawatha Heights. This amended plat will include a sliver of property left off the previous amended plat, File # 99-S1406. This request also includes vacation of a 15-foot utility easement.

 

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:  Engineering Department Development Review Team; Addressing Review Section; and Department of Health and Environment.  Comments from the Assessor’s office and the Land Surveyor of the Larimer County Engineering Department identify several required corrections to the plat.

 

The proposed plat amendment to combine a portion of Lot 1, Block 11, with the Amended Plat of Lots 1 and 2, Block 11 of Hiawatha Heights and 15-foot utility easement vacation 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 recommends approval of the Amended Plat of a portion of Lot 1, Block 11, Hiawatha Heights and Lot 1 of the Amended Plat of Lot 2 and a portion of Lot 1, Block 11 Hiawatha Heights (File #99-S1406) and 15-foot utility easement vacation and relocation, subject to the following two 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 April 19, 2008, 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 and the Larimer County Assessor’s Office.

 

5.  SOLDIER CANYON ESTATES LOT 24 AND 27 AMENDED PLAT AND APPEAL, FILE #07-2735:      The applicant requests an amendment to the Soldier Canyon Estates First Filing subdivision plat.  The purpose of this Amended Plat is to adjust the boundary line of Lots 24 and 27 to provide vehicle parking and emergency access to Lot 24.  Both lots are smaller than the ten-acre minimum lot size for the O-Open zoning district.  The Amended Plat would make Lot 24 larger (1.65 acres to 1.81 acres) and Lot 27 smaller (1.49 acres to 1.41 acres).  The proposed lot size of Lot 27 is less than the ten-acre minimum in the O-Open zoning district, and the change is increasing the non-conformity of the lot; therefore, a concurrent appeal to the minimum lot size (LULUC, Section 4.1.5.B.1.a) is included with this request.

 

No neighbors have voiced any objections to this proposal.  The following Larimer County agencies have stated that they have no objections to this proposal:  Engineering Department Development Review Team; Addressing Review Section; and Department of Health and Environment.  Additionally, the Poudre Fire Authority has no objections to this proposal.  Comments received from the Land Surveyor of the Larimer County Engineering Department identify several required corrections to the plat.

 

The proposed plat amendment to adjust the lot line between Lot 24 and Lot 27 of Soldier Canyon Estates, First Filing, will not result in any additional lots.  The Amended Plat will not adversely affect any neighboring properties or any County agency and the request meets the review criteria for a lot size appeal.  Should the Commissioners approve the appeal request, staff finds that the Amended Plat request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Amended Plat of Lots 24 and 27 Soldier Canyon Estates, First Filing and Johnson Lot Size Appeal, subject to the following two 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 April 19, 2008, 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.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the consent agenda as outlined above.

 

Motion carried 2-0.

 

6.  LAKE KNOLLS SOUTH LOT 11, BLOCK 1 ACCESS EASEMENT VACATION, FILE #07-S2729:  Ms. Stauffer approached the Board and explained that this application requests the vacation of a 40-foot by 150-foot access easement along the west property line of the subject property. The easement was recorded with the Lake Knolls South Subdivision Plat in 1976, prior to the applicant’s purchase of the property.  The easement provides access to 14th Street SW for the adjacent property.

 

The applicant, Mr. Novak, indicates that the purpose of the easement vacation is to more clearly define property boundaries and reduce trespass and/or encroachment onto his property. Based upon conversations with the applicant it appears there is a dispute between the adjoining property owners about the conditions and use of the easement. The county’s purpose for this request is to review the information provided and evaluate the potential impacts of actions and decisions by the Board, rather than resolve a dispute between neighbors.

 

Ms. Stauffer further explained the review criteria utilized as this request was considered by staff.  This application was forwarded to the appropriate departments and agencies for comment.  The response from the Engineering Department indicates that they cannot support this request. See the letter dated October 8, 2007, from the Engineering Department Development Review Services Team.

 

Staff recommends Denial of the Lake Knolls South Lot 11, Block 1 Access Easement Vacation request to vacate a 40-foot by 150-foot access easement along the west property line.

 

Chair Rennels invited the Applicant to speak.  Alen Novak, Applicant, approached the Board and shared the research that he had done regarding the current status of individual driveways on county roads in the area.  He expressed his concern that his was the only driveway he found that was shared by two property owners, and indicated that many property owners actually had more than one driveway onto a county road for a single residence.  Mr. Novak explained that he is frustrated by the fact that the driveway easement that provides access onto the county road for both he and his neighbor is located entirely on his property.  He further explained that his neighbor often trespasses onto his property when utilizing the driveway and leaves debris in the drive or on Mr. Novak’s property.  Mr. Novak shared that he has researched the documents regarding his property and sees no original formal easement access documentation for this driveway.

 

Chair Rennels asked Mr. Novak if this driveway was the access for his and his neighbor’s property when he purchased the property.  Mr. Novak indicated that it was and that he just purchased the property in May 2007.  Chair Rennels stated that when he purchased the property, his title insurance should have included indication of the driveway easement.  Mr. Novak replied that it did mention the easement, but that it was very hard to see on the document and he cannot find any document that caused the easement to be in place originally.  Ms. Stauffer commented that the easement was on the Lake Knolls South Plat recorded in 1976, when the development was created.

 

Mr. Novak commented that he is willing to assist his neighbor with reasonable costs associated with creating a separate driveway for the neighbor on the neighbor’s property, so the current easement for the neighbor on Mr. Novak’s property can be vacated.

 

Discussion ensued regarding the county’s policy of supporting shared driveways, the process that would have to be undertaken for Mr. Novak’s neighbor to request a separate driveway, the likelihood that such a request would be denied (based on current code), and the issues associated with vacating the current access easement prior to the establishment of an alternative easement for the neighbor.

 

Discussion continued regarding the fact that the neighbor is not in attendance at this hearing, the neighbor’s lack of desire for any modification of the easement, and current maintenance and taxes paid for the property where the current easement is located.

 

Mr. Ressue explained that the issues Mr. Novak is frustrated about are more private in nature, rather than matters for the Board to consider.  He explained that decisions made by the Board must be driven by requirements of the current Larimer County Land Use Code, which, in fact, promotes the use of shared driveways.  Mr. Ressue further explained that the request being made by Mr. Novak would require input from the affected neighbor and that the Board cannot unilaterally take away the rights of the neighbor in this instance.  He emphasized that Mr. Novak was aware of the driveway easement when he purchased the property and that, at this point, the concerns Mr. Novak has are matters to be discussed directly with his neighbor or to be decided through litigation.

 

Discussion ensued regarding the fact that the Board does not have authority to do what Mr. Novak is requesting, the fact that the easement was in place prior to Mr. Novak’s purchase of the property and the need for Mr. Novak to pursue this matter directly with his neighbor, rather than through a request for Board action.

 

Chair Rennels opened the meeting to public comment; seeing none, public comment was closed.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners deny the Lake Knolls South Lot 11, Block 1 Access Easement Vacation, a request to vacate a 40-foot by 150-foot access easement along the west property line.

 

Motion carried 2-0.

 

7.  ROWE LEGAL LOT APPEAL, FILE #07-G0147:  Karin Madson approached the Board and explained that this is an appeal of the administrative legal lot determination by the Planning Department stating that this property is a single legal lot.  Applicant contends that there are three lots based on a deed from 1958 that dedicated right-of-way.

 

Mr. Rowe, the applicant, owns the property identified above also known as the Glen Echo Resort.  In May of 2007, Mr. Rowe requested a legal lot determination from the Planning Department.  He submitted deeds for the property, which Planning Staff reviewed.  The Planning Department sent Mr. Rowe a letter (refer to the letter from Karin Madson dated June 6, 2007) stating that the parcel is determined to be a single legal parcel.  Although the deeds described three areas, they are considered a single legal lot.  The dedication of right-of way does not create separate lots.

 

On August 21, 2007, the Planning Department received a letter from Mr. Rowe, addressed to Russ Legg, asking that the Planning Department review the information submitted for the determination again and contending that there are three lots conveyed prior to May 5, 1972 (the effective date of Senate Bill 35).   This second request stated that a deed that conveyed right-of-way to the County September 13, 1958 (Book 1076, Page 444) created three separate parcels of land.  That information was again reviewed, and a follow-up response and determination was sent to Mr. Rowe.  This letter again included a determination that the deed for the property describes a single parcel of land located on both sides of the excluded right-of-way.  The Planning Department determined that the dedication of right-of-way does not, in and of itself, create a subdivision of this property. 

 

On November 19, 2007, Mr. Rowe submitted this application to appeal the administrative decision of the Planning Department.  The appeal request did not include any new information.  

 

A legal lot is defined by the Larimer County Land Use Code as:  "A lot, parcel or tract of land created by a legal conveyance of said lot, parcel or tract prior to May 5, 1972; a lot, parcel or tract shown on a subdivision plat which was approved and recorded prior to May 5, 1972 according to the subdivision regulations in effect at the time of approval; a lot, parcel or tract created by approval of the County Commissioners in conformance with the subdivision regulations in effect at the time of approval; or any parcel of 35 acres or more, which when created, did not cause a parcel of less than 35 acres to remain."

 

The Planning Department does not find any information that would lead us to believe that their original determination was made in error. 

 

There are basically three actions that the Board of County Commissioners could take in regard to this request:  1. Deny the appeal.  In this case the property would still be considered to be a single legal lot.  2. Approve the appeal.  In this case the property would be three legal parcels.  3. Deny the appeal to the legal lot determination, but authorize an exemption process to create a second legal parcel, eligible for a building permit.  The Board may consider authorizing an exemption from Section 5.1 (Subdivision Regulations) of the Larimer County Land Use Code.  Staff would recommend that the Board require the applicant to record an exemption plat of record.

 

In this particular circumstance, Highway 14 right-of-way separates the parcel which lies on both the north and south sides of the highway.  The Glen Echo Resort consists of a 7.7-acre area that lies on most of the southern portion of the property, with a separate small noncontiguous piece to the west of the resort.  This small piece is 0.733 acres and consists mostly of land in the river or within the floodway and/or setback for the river or highway.  It is not functionally a buildable area.  The other 22.537-acre piece of ground lies on the north side of the highway, separate from the Glen Echo Resort.  This is the piece that Mr. Rowe would like to have recognized as a separate buildable lot.  This piece contains a sign for the Glen Echo Resort, which would be an off-premise sign if this portion of the property is determined to be a separate lot.

 

Staff believes that the original legal lot determination is correct and that the property is a single legal lot.  Because the property is functionally two pieces of ground separated by a State Highway, Staff supports exempting the division of this property from the Subdivision process in this circumstance.  

 

The Development Services Team recommends that the Board of County Commissioners deny the Rowe legal lot determination appeal, affirm that the property is a single legal lot and authorize the applicant to request an exemption from the Subdivision process for the purpose of creating two buildable lots and one non-buildable outlot.

 

Commissioner Eubanks asked staff why this matter was not being handled through the typical subdivision process, and Ms. Madson explained that it was being handled in this manner because of the special circumstances created by the county highway dividing the property the way it does in this instance.

 

Chair Rennels invited the Applicant to address the Board.   Mr. Lloyd Rowe, Applicant, approached the Board and explained that he wishes to sell off 22 acres of the property for residential use, keep the resort portion of the property as it is, and that he understands that this request also creates a non-buildable outlot.

 

Chair Rennels commented that she is supportive of the recommendation that this request go through the exemption process.  Commissioner Eubanks requested explanation of how the requirements for Mr. Rowe would differ from requirements made of those pursuing the subdivision process and why this case should be considered for exemption.  Mr. Legg explained staff’s view that the split caused by Highway 14 running through this property creates a special circumstance.  Discussion ensued regarding precedence for this type of circumstance, processes allowed by Senate Bill 25, and the process differences created by approval of exemption in this instance.

 

Chair Rennels opened the meeting to public comment; seeing none, public comment was closed.

 

Discussion ensued regarding desire to maintain standards for all applicants, historical approval of similar requests under similar circumstances, and the MLD process that would be required if the Board approves the applicant’s request.  The Board and staff concurred that approval of the Applicant’s request would still mean that the Applicant would have to pursue the matter through the MLD process, which would require review by the Planning Commission and final approval of the conditions by the Board. 

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners deny the Rowe Legal Lot Appeal and affirm the determination that the property is a single legal lot.

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners authorize an exemption from Section 5.1 (Subdivision Regulations) for the purposes of creating two buildable lots and one non-buildable outlot with the following condition:  The applicant shall submit an exemption plat for review and approval by the Board of County Commissioners no later than May 19, 2008.

 

Motion carried 2-0.

 

The meeting recessed at 4:05 p.m.

 

 

LAND USE HEARING

(#142)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Rob Helmick, Principle Planner.  Chair Rennels presided and Commissioners Gibson and Eubanks were present.  Also present were:  Neil Gluckman, Assistant County Manager; Traci Downs, Engineering; Doug Ryan, Environmental Health Planner; William Ressue, Assistant County Attorney; and Angela Myers, Deputy Clerk.

 

Chair Rennels opened the meeting by asking for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics. 

 

1.  CARSTENS BACKBONE VIEW SUBDIVISION PRELIMINARY PLAT, FILE #05-S2496:  Mr. Helmick approached the Board and explained that this is a request for Preliminary Plat review for a Subdivision to divide 27.54 acres into seven single-family residential lots.  This request also includes appeals to Larimer County Land Use Code Sections 8.14.2.H (lot width to depth ration) and 8.14.2.Q (dead end length).

 

Mr. Helmick further explained that because of neighbor interest and concerns this proposal has been scheduled for an evening hearing with the Board of County Commissioners.  This proposal was on the Larimer County Planning Commission agenda as a part of the discussion agenda for the September 19, 2007, meeting.  While the applicant and the Development Services Team are both in agreement with the analysis and recommended conditions of approval, the neighbors to the request had several issues.  These included drainage and the proposed drainage plan, roadway continuation and access maintenance. 

 

The Larimer County Planning Commission included in their action a condition regarding the maintenance of the public roads that provide access to the site through the adjacent subdivision and discussed at length the issue of the drainage plan and its impact on adjoining properties.  The final drainage plan must respond to the concerns and the Team will provide a copy to the neighbors for review.  It must be noted however that the drainage plan will be required to meet the standards of the code.  This is a concern due to comments from the neighbors which question the standards upon which the drainage design is based.    

 

The site is located on the western edge of the Devil’s Backbone geologic formation east of Glade Road (C.R. 25E) and approximately 300 feet north of West 35th Street, Loveland.  The Devil’s Backbone is a prominent landmark in Northern Colorado.  The property being divided is Lot 1 of the Carstens 2nd Minor Residential Development.  There is an existing house and outbuilding on the 28-acre site.  These buildings are on the eastern portion of the lot near the base of Devil’s Backbone.  Six additional residences are proposed along the western boundary on lots ranging from 2.31 acres to 2.52 acres.  The remaining 9.24 acres will contain the existing buildings.

 

The existing residence is accessed via a driveway from West 35th Street.  This will continue to be the sole access for the existing residence.  Proposed is upgrading a portion of the driveway to serve as an emergency access for Lots 1-3.  Primary access would be from an extension of Moffat Avenue.  All lots will be served by on-site septic systems, Little Thompson Water and Loveland Rural Fire Protection District.

 

The proposal is modified from the original plan submitted at Sketch Plan.  That plan only proposed three new lots; this plan increases the number to six additional lots.  The density still meets the requirements of the zoning for the area and is consistent with the development pattern in this neighborhood.

 

The Planning Commission recommends that the Carstens Backbone View Subdivision and appeals to Sections 8.14.2.H (lot width to depth ration) and 8.14.2.Q (dead-end length) of the Larimer County Land Use Code, File #05-S2496, for the property described on “Exhibit D” to the Planning Commission minutes, be approved subject to the following conditions and an added condition that “A road maintenance agreement between W. 35th Avenue and Moffat Avenue must be incorporated into the final development plans.”

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Carstens Backbone View Subdivision (File #05-S2496), except as modified by the conditions of approval or agreement of the county and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Carstens Backbone View Subdivision.

 

2.   The following fees shall be collected at building permit issuance for new single family dwellings:  Thompson R2-J school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees (in lieu of dedication) and drainage fees.  The fee amount that is current at the time of building permit application shall apply. 

 

3.   Fire Requirements -- All new residential structures shall be required to install residential fire sprinklers.  The applicant is further required to install a new fire hydrant within one mile of Lot 3.  The location shall be designated and agreed upon by the applicant and fire district as a part of the Final Plat application.  

 

4.   All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation.  The lowest habitable floor level (basement) shall not be less than three feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development-wide basis.

 

5.   Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

6.   The applicant will need to submit; with the adjoining owner a Boundary Line Adjustment/Amended Plat application as a part of the Final Plat application.  This application will need to be approved and completed prior to the finalization of the Final Plat.

 

Commissioner Eubanks requested clarification, and discussion ensued regarding the fire protection requirements noted in the Review Criteria for this request, typographical correction that should have been made removing the last sentence from review comments for Section 8.1.4, the requirement for a traffic impact study, and the fact that such a study is not required in this instance.

 

Ms. Downs detailed the design of roads and drainage for this project. 

 

Commissioner Gibson requested clarification, and brief discussion ensued regarding lot sizes in the Devil’s Backbone Estates area.

 

Chair Rennels invited the applicant to approach the Board.  Mr. John Mathey of 1st Choice Realtors approached the Board on behalf of the applicant and indicated that he had nothing to add to the information provided thus far by staff.  Commissioner Gibson asked Mr. Mathey about the 60-foot right-of-way at the corner of the site.  Mr. Mathey explained that a written agreement has been obtained for this right-of-way.

 

Commissioner Eubanks requested clarification regarding the status of future development of Lot 7.  Mr. Mathey indicated that Lot 7 is the owner’s home, and it is being left out to preclude it from being developed any further; however, it will be a lot within the subdivision.

 

Commissioner Gibson requested clarification, and discussion ensued regarding the noted setback of the lots.

 

Jim Bunkers of Intermill Land Surveying approached the Board on behalf of the applicant, reviewed the sketch plan, and explained the reasoning behind the various lot setbacks.

 

Chair Rennels opened the meeting to public comment.  Brandon Sale, affected neighbor, approached the Board and expressed his concern regarding the drainage plan and the potential for uncontrolled erosion.  He expressed a second concern regarding the location of the current fire hydrant in the area and the need for an additional hydrant to protect the exterior of planned lots in this area.

 

Mr. Sale further explained his past and ongoing frustration with drainage on Glade Road that is overgrown and clogged.  Ms. Downs explained that Glade Road is a mainline county road which is to be maintained by the county.  She further explained that this roadside swale system has, over time, filled with silt and is in need of attention from the county’s Road and Bridge Department, especially before a new subdivision is developed in the area.

 

Jeanine Hiashi, affected neighbor, approached the Board, providing detailed photographs of past road flooding on Glade Road during heavy rains.  She expressed her concern that the drainage plan for this new subdivision is not adequate, and she emphasized that this area receives three-inch-in-one-hour rain falls every two years.  She is concerned that the planned detention pond will not be adequate to hold this volume of water as it accumulates in a short time period and that the plan for out-letting of water will cause flooding for the residents along the route.  She stated that current water flow is unrestrained over a larger area and still causes flooding; therefore, causing her concern that, if it is restrained into a smaller specific area, that area (which includes her back yard) will experience worsened flooding.

 

Ms. Hiashi requested that the detention pond be expanded to accommodate 100-year-event conditions and that the water outlet to Glade Road, rather than behind her property.  Ms. Hiashi further expressed concern that sprinklers required inside the structures located on these lots will not protect the lots, and thus neighbors, from exterior fires started by lighting strikes.  She requested that an additional fire hydrant be required for the subdivision.

 

Extensive discussion ensued regarding the current drainage situation in this area, drainage easement requirements, detention pond location and drainage plan, typical rainfall in this area, county standards for drainage plans, and adequacy of the drainage plan proposed in this instance.

 

Seeing no further requests, Chair Rennels closed public comment.

 

Jim Loonan of Loonan & Associates Civil Engineers approached the Board and explained that the detention pond and drainage plan are designed for three-inch rains, and outlined the engineering perspective in this regard.

 

Chair Rennels requested clarification, and brief discussion ensued regarding the outbuildings located on one of the properties in the drainage area.

 

Chair Rennels commented that many of the concerns expressed are the result of the property owners’ experiences caused by poor county care of the road drainage ditches in the area, and she emphasized that correction of this situation will be expediently pursued.

 

Mr. Loonan explained that, based on his engineering calculations and county standard requirements, he believes that the drainage plan, as designed, is adequate for this area and should result in improved drainage over that experienced in the past by these residents.  Discussion ensued regarding topographical information for the area surrounding this development, standard county requirements versus actual needs in this area, and the Commissioners’ desire to review the final drainage plan prior to final approval.

 

Discussion continued regarding the process of final approval and the fact that it will provide an opportunity for concerned neighbors to review the revised drainage plan prior to final approval.  Further, the Commissioners expressed their desire to review and approve the drainage plan as part of final approval for this project.

 

Mr. Gilbert Carsons, owner of the subject property, approached the Board and expressed his desire throughout this process to protect the nature of this area and to carefully follow all required procedures, which is why he hired Mr. Loonan, who came to him very highly recommended as a quality engineer.

 

Commissioner Eubanks asked Mr. Carsons if he had considered placing parts of Lot 7 under a conservation easement.  Mr. Carsons indicated that he had not considered this option, and brief discussion ensued regarding the option of doing so.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve appeals to Sections 8.14.2.H (lot width to depth ration) and 8.14.2.Q (dead-end length) of the Larimer County Land Use Code as described in the file.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the preliminary plat of the Carstens Backbone View Subdivision, File #05-S2496, as recommended by the Larimer County Planning Commission and Development Service Team with the addition of the conditions related to road maintenance and drainage.

 

Motion carried 3-0.

 

The meeting adjourned at 8:00 p.m.

 

 

TUESDAY, NOVEMBER 13, 2007

 

ADMINISTRATIVE MATTERS

(#143 & 144)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster.  Chair Rennels presided and Commissioners Gibson and Eubanks were present.  Also present were:  Donna Hart, Deni LaRue, and Diane Tokarz, Commissioners' Office;  Marc Engemoen, Public Works; Dale Miller, and Drew Davis, Road and Bridge Department; Mark Peterson, Engineering Department; Ginny Riley, Human Services Department; Larry Timm, Rob Helmick, and Candice Phippen, Planning Department; Tom Garton, Building Department; Bill Ressue, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:  Chuck Bell, Larry and Margaret Caswell, Harry and Judy Corwin, Bill Gilbert, and Dave Doft addressed the Board; all were vehemently opposed to the proposed communications tower being placed on Middle Bald Mountain.  They all expressed concern for the exorbitant costs associated with the project, the fact that there is no concrete evidence that communications would be provided for the targeted areas, and in particular, the damage that would be done to the delicate tundra of Middle Bald Mountain.  The Board explained the process thus far, and thanked all in attendance - noting that their comments would be taken into consideration as the project moves forward. 

 

Jim and Carol Pedersen requested that the Board adhere to their snow and ice removal policy and plow the portion of County Road 103 up to their home, and they stated that they would be happy to move and reinstall the closure gate to accommodate this.  Much discussion ensued.  Mr. Miller explained that this portion of the road has not been plowed in 20 to 30 years.  The Board explained that county dollars are already inadequate to keep up with the demands, and they agreed that it was probably time to revisit the snow and ice removal policy.  Chair Rennels recommended that the Pedersen's explore the possibility of creating a public improvement district to address snow removal needs in their area.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 13, 2007:

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of November 13, 2007.

 

Motion carried 3-0.   

 

3.  REVIEW THE SCHEDULE FOR THE WEEKS OF NOVEMBER 26, AND DECEMBER 3, 2007:  Ms. Hart reviewed the upcoming schedules with the Board.

 

4.  CONSENT AGENDA:

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for November 20, 2007:

 

11202007A001           2007 RURAL LARIMER COUNTY TRANSIT SERVICE (BERTHOUD) AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF BERTHOUD

 

11202007A002           AGREEMENT TO AMEND/EXTEND CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LORA MAE PHILLIPS

 

11202007R001           RESOLUTION ESTABLISHING COMPENSATION FOR LARIMER COUNTY APPOINTED OFFICIALS

 

11202007R002           RESOLUTION ADOPTING AMENDMENTS TO LARIMER COUNTY LAND USE CODE

 

11202007R003           FINDINGS AND RESOLUTION APPROVING THE VACATION OF A TRAIL EASEMENT IN CRYSTAL LAKES SUBDIVISION, 12TH FILING, LOTS 114, 115, 116, AND 117

 

11202007R004           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 10 AND 11 OF CRYSTAL LAKES SUBDIVISION, 10TH FILING AND VACATION OF UTILITY EASEMENT

 

11202007R005           FINDINGS AND RESOLUTION APPROVING THE SWIERS-BELOIN CONSERVATION DEVELOPMENT PRELIMINARY PLAT AND APPEAL TO SECTIONS 8.14.2.N AND 8.15.2.S

 

11202007R006           FINDINGS AND RESOLUTION APPROVING THE FOOTHILLS WESLEYAN CHURCH SIGN APPEAL

 

11202007R007           RESOLUTION AMENDING STORMWATER DESIGN STANDARDS

 

11202007R008           RESOLUTION AMENDING THE RURAL AREA ROAD STANDARDS AND FUNCTIONAL ROAD CLASSIFICATION MAP

 

MISCELLANEOUS:  CDBG Application to the State Division of Housing.

 

LIQUOR LICENSES:  The following liquor license was approved and issued:  Pot Belly Deli and Bar - Tavern - Red Feather Lakes.

Motion carried 3-0.

 

5.   PROPOSED INCREASE IN FUNDING FOR TRANSPORTATION/DECREASE IN DISTRIBUTION OF FUNDS TO CITIES AND TOWNS:   Mr. Engemoen explained a proposal to increase funding for transportation by decreasing the distribution of funds to cities and towns.  He noted that the current levels of funding for county road maintenance and paratransit operations are inadequate.  He proposed redirecting specific ownership taxes to the Road and Bridge Department stating this would help the situation, yet would not solve the funding issues completely.  Mr. Engemoen explained that funding for cities and towns would be reduced by $950,000 in 2008 and by 1.9 million in 2009.   He reviewed the figures with the Board and explained that the City of Fort Collins and Town of Berthoud were the only two entities that expressed a real concern with the impact on their budgets.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve staff's recommendation to redirect specific ownership taxes to the Road and Bridge funds, reducing the Road and Bridge mill levy and reducing the distribution of revenue to cities and towns by approximately $950,000 in 2008 and by $1.9 million in 2009.  The additional revenue retained by the County will be used to increase funding for road maintenance and for paratransit operations.

 

Motion carried 3-0.

 

6.  ELIGIBILITY GUIDELINES FOR LARIMER COUNTY CHILD CARE ASSISTANCE PROGRAM (CCAP):   Ms. Riley requested that the Board increase the eligibility limits for the CCAP from the current level of 150% Federal Poverty Level (FPL) to 185% FPL effective January 1, 2008.   She noted that this effort would serve approximately 371 additional children in Larimer County who are in need of assistance.  Ms. Riley also requested approval of a pilot scholarship program up to $500,000 which would be contracted to a non-profit agency specifically for students who would typically qualify for CCAP based upon their income but do not currently qualify for child care coverage while they are attending classes.  She noted that they anticipate the $500,000 allocated for this pilot project will last for approximately 1 to 20 years, and would be allocated from Temporary Assistance for Needy Families (TANF) reserve funds.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the eligibility guidelines for CCAP to 185% effective January 1, 2008.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the development of a contracted pilot scholarship program up to $500,000 for students who do not qualify for CCAP.

 

Motion carried 3-0.

 

 

7.  TRANSFER REFUND TO TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) MAINTENANCE OF EFFORT (MOE) FROM HUMAN SERVICES TO HEALTH AND HUMAN SERVICES:   Ms. Riley requested the ability to transfer the  $309,574 refund of TANF MOE from Human Services to Health and Human Services for this one time only, for use on projects that are agreed upon by Ginny Riley, Director of Human Services, and Kathy Snell, Director of Health and Human Services Division.  Ms. Riley stated that she and Ms. Snell would bring back recommendations as to how the money will be utilized, and the Board agreed to this.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners authorize Human Services to transfer the $309,574 TANF MOE refund received by Larimer County to the Health and Human Services Division to be allocated at the discretion of Ginny Riley, Human Services Director, and Kathy Snell, Health and Human Services Director to HHS County and/or community projects.

 

Motion carried 3-0.

 

8.  BOARD AND COMMISSIONS APPOINTMENT:  Ms. Tokarz presented the following recommendation for the GID #11, Meadowdale Hills Board:  Melissa Morrison, appointment for a four-year term beginning November 20, 2007, and expiring November 30, 2010.  She explained that Ms. Morrison would be filling the unexpired term of Lucian Williams.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the appointment of Melissa Morrison to GID #11, Meadowdale Hills Board for a four-year term, beginning November 20, 2007, and expiring November 30, 2010.

 

Motion carried 3-0.

 

 

9.  WORKSESSION:    Mr. Lancaster stated that he had recently met with the City Manager during which they discussed the subject of library impact fees.  Mr. Lancaster clarified that the Board is still willing to consider a library impact fee in unincorporated Larimer County if the City of Fort Collins could demonstrate a rational nexus for imposing such a fee.  The Board agreed that their position on this subject has not changed.

 

10.  COMMISSIONER REPORTS:  The Board reviewed their activities at events during the past week.

 

11.  LEGAL MATTERS:  (Affidavit provided.)

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402-(4)(b) C. R. S.

 

Motion carried 3-0.

 

The Executive Session ended and the following action was taken:

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners authorize the Planning Department to advise Ken Burns, owner of the building located at 4727 N Highway 287, that conversion, remodel, and use of the building as a church, must cease until all building permits and site plan review are approved.  In the event that construction and/or church services continue, legal action is authorized to enforce the Building and Land Use Codes.

 

Motion carried 3-0.

 

 

The meeting adjourned at 12:05 p.m.

 

 

 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk

 

­­­______________________________________

Angela Myers, Deputy Clerk

 

 

 

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Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.