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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, DECEMBER 10, 2007

 

LAND USE HEARING

(#149)

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Pro-Tem Gibson presided and Commissioner Eubanks was present.  Also present were:  Chad Behr, and Samantha Mott, Planning Department; Christy Coleman, Engineering Department; Doug Ryan, Environmental Health Department; Bill Ressue, 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 County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics. 

 

Chair Gibson then 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. DAVIS EXPANSION OF A NONCONFORMING BUILDING, FILE #07-G0150:  This request is to appeal Section 4.8.9.B.2 of the Land Use Code that contains regulations for expanding nonconforming buildings.  This section of the Code requires that a proposed addition to a nonconforming building be outside the respective setback and that the expansion is not more than 25% of the square footage of the original building that legally existed on January 1, 2000, and not more than 1000 square feet.  The proposed addition of living space is less than 25% and less than 1000 square feet, but is within the 100-foot required setback from an intermittent stream.

 

The applicant proposes to add on a 12-foot by 14-foot (168 sq. ft.) covered porch and a 14-foot by 30-foot (420 sq. ft.) great room to their existing residence to increase the living area.  Based on the existing circumstances, the proposed addition would require an appeal from the criteria in Section 4.8.9.B.2 that requires any expansion to be outside of the required setback distance and less than 25% of the square footage of the original building.  The existing building is approximately 1721 square feet in size and is currently approximately 45 feet from the centerline of the waterway that runs to the east side of the house.  The closest point of the addition would be 63 feet from the centerline of the waterway.  The required setback from a waterway is 100 feet from the centerline.  The residence was constructed in about 1989, prior to the setback requirement for intermittent waterways.  The owner wants to add onto the existing structure to the southwest side and the southeast side, both of which are further from the waterway than the existing closest corner of the building. 

 

The Larimer County Land Use Code includes a requirement that all structures must be 100 feet from the centerline of waterways.  Prior to the year 2000, staff did not interpret the setback requirement from streams, creeks, and rivers to include intermittent streams.  However, in the year 2000, staff began to include intermittent streams in this setback requirement.  Therefore, the house is nonconforming with respect to this setback requirement.  In the year 2006, a setback variance was granted by the Board of Adjustment to allow a pole barn to be 50 feet from the centerline of the intermittent stream.

 

The Larimer County Engineering Department has reviewed the proposal and has no major concerns or issues with this proposal.  The U. S. Fish and Wildlife Service has no comment on this proposal.  The Department of Health/Environment has no objections with this proposal, but recommends that the owners and contractors be very careful about not damaging the septic system.  No traffic should be allowed over either the septic tank or absorption field.  The owners and contractors should work together to delineate this area and clearly mark it off prior to starting any construction.  Code Compliance noted code violations and states that, if this request is approved, the owners should include the total basement finish work under Permit #07-B1110. 

 

This request seeks approval to add onto an existing single family dwelling that is nonconforming with respect to waterway setback requirements.  The addition would be to the southeast and southwest sides of the house, further from the waterway than the existing house.  No objections have been received from any surrounding property owners or interested county, state, or federal agencies.  The addition would not subvert the purpose of the code and will have little to no impact on the surrounding area. 

 

The Development Services Team (DST) finds the appeal meets the review criteria of Section 22.2.3 as outlined in the Land Use Code, and recommends approval of the Davis Expansion of a Nonconforming Building.

 

2. PROMATS CONDOMINIUM UNITS A AND B AMENDED PLAT, FILE #07-S2747:  This request is to amend the plat of the existing condominium building into three units instead of two.  This condominium is located on Lot 1 of the Amended Plat of Lots 6 and 7, Ft. Collins Industrial Park, 1st filing.

 

The purpose of the project is to amend the existing Promats Condominium Map. The existing condominium has two units and the proposed amended map would divide the building into three units.  Existing and proposed building (unit) sizes are listed below:

 

                        Unit Name              Existing Size                 Proposed Size

                                A                         19,098                         15,069

                                B                           5,445                           5,445

                                C                               NA                          4,029

 

The project is located at 1900 East Lincoln Avenue in Larimer County. The condominium building is on Lot 1 of the Amended Plat of Lots 6 and 7, Fort Collins Industrial Park, 1st Filing.  Existing zoning is I, Industrial.

 

Unit “A” is currently vacant and is for sale, so the future use is unknown. Unit “B” is currently used as a micro brewery facility.  Proposed Unit “C” would become part of the same brewery facility as Unit “B,” if this amended plat condo map application is approved.  Existing improvements at the site will remain unchanged. There are two access points to Lincoln Avenue, and they will remain. No further improvements are being proposed at this time. 

 

The primary reason for this amended condominium is to add an additional unit to the existing floor plan (to build a wall).  The existing landscaping is consistent with the surrounding area landscaping. There is adequate foundation planting along the front of the building, and there are a few trees along the drainage ditch. There is a grass lawn area between the street and the building. No new landscaping is proposed for the condominium site.

 

The site has a total of 37 existing standard spaces and 2 existing handicapped spaces. They are allocated by unit as follows:  Unit A – 26 standard type, 1 handicapped type; Units B and C – 11 standard type, 1 handicapped type.  No new parking spaces are proposed for the amended condominium map.    

 

Staff finds that the request meets the requirements of the Larimer County Land Use Code and, therefore, recommends that the Board of County Commissioners approve the proposed Promats Amended Plat Condo Map, where Units A and B of the Promats Condo Map are amended into Units A, B and C, subject to the following two conditions:   1.  All plans for changes of either occupancy, tenant finishes, remodels or additions to the existing structure will be required to be stamped by a Colorado Registered Engineer and a Colorado Licensed Architect.  A building permit is required from Larimer County for all of these items.  2. At the time a future site plan approval and building permit is requested for the expanded brewery, the county Health Department will need to review plans and specifications for compliance with applicable food manufacturing regulations.

 

3.  LARKINS MINOR LAND DIVISION, FILE #07-S2744:  This request is for Minor Land division to create two lots, 21.9 and 11.8 acres in size, for residential purposes. 

 

The current area consists of one property totaling 35.28 acres in size. There are two legally established residences upon the property: a stick-built dwelling constructed in 1965; and a single-wide manufactured home (SWMH) erected in 1977 through a variance.  Geographically speaking, the property on the west is relatively flat, but rises to the east. The eastern half of the property runs up severely in elevation toward the east to the hogback ridge.

 

The applicants, Randy and Diantha Larkins, desire to divide the property as a two-lot division, in the form of a Minor Land Division (MLD), as described in Section 5.4.2 of the Larimer County Land Use Code.  As proposed, Lot 1 would be 11.8 acres, and Lot 2 would be 21.9 acres. The applicant desires that, should the MLD be approved, each proposed lot would contain one single-family residence. The Larkins would continue to reside in the existing house located on proposed Lot 2.  Proposed Lot 1 would be conveyed to Mr. Larkins’ sister, Marilee Test; and she would continue to live in the existing single-wide manufactured home (SWMH).  At some point in the future, the intention is to replace the SWMH with a new single-family residence

 

The property is currently served by Little Thompson Water District for water service and individual on-site septic systems.  Vehicular access, in the form of a private drive, is off of County Road (CR) 27E.  At this point in time, both residences use one access drive from the most southern point of the property. Applicants have expressed the desire to have a separate access for when a home is built on Proposed Lot 1, replacing the existing SWMH.

 

The applicants have expressed no desire or necessity to form a Home Owners Association (HOA) with this proposal; and, to the best of their knowledge, there has been no official developments associated with the property in question.

 

The property is located in a “Moderate” category fire hazard area.  The extreme southeastern portion of the proposed plat contains areas of extreme slopes (x > 40%). Because no net increase is seen in the number of building or developable sites, this does rise to the level of triggering a mitigation plan.  However, the applicant should be aware of possible geological hazards that exist, such as possible rock falls, in this area of the plat (SE portion of proposed Lot 2).  

 

Comments (via memo dated October 23, 2007) from Larimer County Land Surveyor Dale Greer concerning surveying requirements as of November 1, 2007, have been met.  Because the Culver Gulch crosses through this project, the approximate 100-year flow limits on the MLD plat; and the area within the flow limits should be labeled as a “Non-Buildable Area.”   The applicant should be aware that any further division and/or development of these parcels would require another application for land division and/or development review through an appropriate County planning process.  Drainage and erosion control issues, traffic impacts, road improvements, access requirements, geotechnical concerns, floodplain restrictions, setbacks, etc. that are associated with any development will need to be addressed during the County review period. 

 

The applicant must obtain a second water tap from the Little Thompson Water District and provide this evidence to the County Planning Department.

 

As proposed, the MLD appears to basically meet all of the required Larimer County land Use Code criteria, as long as the above issues and concerns are appropriately addressed in time by the applicant. 

 

The Development Services Team finds that:  1. The proposed Larkins MLD is consistent with the review criteria and standards of Section 5.4 (Minor Land Division) of the Larimer County Land Use Code, provided the applicant complies with all conditions of approval.  2. The proposed Larkins MLD is not part of previously recorded exemptions. Staff supports approval of an appeal to the review criteria to allow this property to be subdivided as a Minor Land Division.  3. The proposed Larkins MLD will meet the minimum lot size requirements for the O, Open District, where it is located.  4. The parcels created can meet the minimum access standards of the County Engineering Department as long as the necessary area for County Road 27E is dedicated as public ROW and either the existing drive is expanded to twenty feet of width, shown as a shared access easement upon the plat with said road given a name, per Section 5.11.1 of the Larimer County Land Use Code (LUC), and a road maintenance agreement be recorded so that maintenance responsibilities and associated costs can be shared fairly between the owners of each lot; or a new access for Lot 1 off of CR 27 is constructed to the probable home site under an access permit from the Larimer County Engineering Department prior to the recording of the MLD plat.  5. The proposed Larkins MLD will not result in any negative impacts to surrounding properties or uses.  In essence, there is no net increase in vehicular traffic based upon the MLD proposal.

 

The Development Services Team recommends approval of the Larkins Minor Land Division, subject to the following condition(s) and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:  1. Dedicate, via this MLD process, the existing County Road (CR) 27 E road easement as a forty-foot public road right-of-way for half of the total road width.  2. Either expand the existing drive to twenty feet of width, shown as a shared access easement upon the plat, with said road given a name per Section 5.11.1 of the Larimer County Land Use Code (LUC), and record a road maintenance agreement so that maintenance responsibilities and associated costs can be shared fairly between the owners of each lot; or construct a new access for Lot 1 off of CR 27 to the probable home site under an access permit from the Larimer County Engineering Department prior to the recording of the MLD plat. If the first option is chosen, then the shared access easement/road name shall be shown upon the MLD Plat.  3. Prior to recording of the final plat, the owners shall show, in writing, that each residence has a water tap. Failure to obtain and show a water tap for each residence within six months of the final plat being recorded shall mean the subject MLD will be null and void.  4. These conditions of approval shall be met and the Final Plat recorded by June 10, 2008, or this approval shall be null and void.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

The meeting adjourned at 3:05 p.m.

 

TUESDAY, DECEMBER 11, 2007

 

ADMINISTRATIVE MATTERS

(#149)

 

The Board of County Commissioners met at 9:00 a.m. with Assistant County Manager Neil Gluckman.  Chair Pro-Tem Gibson presided and Commissioner Eubanks was present.  Also present were:  Frank Lancaster, Donna Hart, Deni LaRue, and Diane Tokarz, Commissioners’ Office; Jerry White, Engineering Department; Kathy Snell, and Ginny Riley, Health and Human Services Department; Gordan Thibedeau, United Way of Larimer County; Wynette Reed, Human Resources Department; Gary Buffington, K-Lynn Cameron, Mark Caughlan, and Kerri Rollins, Natural Resources Department; Senator Peggy Reeves, Great Outdoors Colorado;  Matt Lafferty, Planning Department; George Hass, County Attorney; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:  Chris Casion and Nancy Copenhagen addressed the Board with questions regarding the next steps concerning legal access to a road being vacated without proper notification to all affected property owners.  Commissioner Eubanks explained that the Board would be discussing this issue in an executive session with the Planning Department and the County Attorney later on during the meeting.

 

At this time Commissioner Rennels joined the meeting via teleconference.

                  

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 3, 2007:

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the minutes for the week of December 3, 2007.

 

Motion carried 3-0.

 

3.  CONSENT AGENDA:

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for December 11, 2007:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petitions for Abatement were approved:  Curtis Viehmeyer; Stephen Levalley; John Cleaver and Roxann Kutschinski.  As recommended by the County Assessor, the following Petitions for Abatement were denied:  Craig Taylor.

 

12112007A001           DISTRICT ATTORNEY'S TELEPHONE VOICE RESPONSE SYSTEM AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND TELE-WORKS, INCORPORATED

12112007A002           DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR MILLER/VAN VELSON RURAL LAND USE PLAN BY AND BETWEEN THE BOARD OF COMMISSIONERS, THOMAS E. VAN VELSON AND CHARLES AND CAROL MILLER

12112007A003           AGREEMENT CONCERNING FENCES IN PLATTED RIGHT-OF-WAY OF LARIMER COUNTY ROAD 52E BY AND BETWEEN THE BOARD OF COMMISSIONERS OF LARIMER COUNTY,  THOMAS E. VAN VELSON AND CHARLES AND CAROL MILLER

12112007A005           2008 CDOT 5311 CONTRACT FOR RURAL LARIMER COUNTY TRANSIT SERVICES BY AND BETWEEN THE BOARD OF COMMISSIONERS OF LARIMER COUNTY AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF TRANSPORTATION, DIVISION OF TRANSPORTATION DEVELOPMENT

12112007D001           DEED OF DEDICATION FOR RIGHT-OF-WAY, RAMSEY M. GROVES

12112007R001           FINDINGS AND RESOLUTION APPROVING THE COLORADO DEPARTMENT OF TRANSPORTATION FLOOD PLAIN SPECIAL REVIEW

12112007R002           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR MILLER/ VAN VELSON RURAL LAND PLAN

 

MISCELLANEOUS:  Final Plat for Miller/Van Velson RLUP 07-S2684.

 

LIQUOR LICENSES:  The following liquor license was approved and issued:  American Legion Post Home Association - Club Liquor License - Fort Collins.

Motion carried 3-0.

 

4.  REVIEW THE SCHEDULE FOR THE WEEK OF DECEMBER 17, 2007:  Ms. Hart reviewed the upcoming schedule with the Board.

 

5.  FUNDS FOR CONSTRUCTION OF DAY SHELTER FOR THE HOMELESS:  Ms. Snell requested authorization to contract with the United Way of Larimer County in order to build a much needed permanent day shelter for the homeless in the community.  She explained that the Department of Health and Human Services would like to provide $250,000 towards construction of the building.  Mr. Thibedeau displayed a slide-show presentation outlining the list of services that would be provided.  He noted that individuals would be required to work with a case manager to remedy their situations.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the contract between Larimer County and the United Way of Larimer County that provides $250,000 for the construction of a day shelter.

 

Motion carried 3-0.

 

6. REQUEST TO AUTHORIZE THE COUNTY MANAGER TO SIGN AMENDMENTS TO REAL ESTATE PURCHASES:   Mr. Lancaster explained that there are times when sllight changes must be made to contracts that have already been approved by the commissioners; such as adjusting the closing date of a real estate purchase.  He noted that although the changes requested are minor, they are often time sensitive.  Therefore, Mr. Lancaster requested that the Board provide him the authorization to sign contract amendments, as long as the change does not adjust the price or cost established in the original agreement.  Consensus of the Board was to authorize Mr. Lancaster to sign contract amendments of this nature.  Mr. Lancaster will bring back a resolution establishing guidelines for this action.

 

7.  ADMINISTRATIVE OPERATING PROCEDURE 100.15A, CIVIL RIGHTS ACT OF 1964: TITLE VI COMPLAINT PROCEDURE:  Ms. Reed explained that Larimer County does not have a formal written process to address civil rights complaints by citizens.  She noted that a formal written complaint procedure is required for any program or activity receiving federal financial assistance.  She presented a policy and procedure that assures no person will be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity provided by Larimer County, based on race, color, or national origin.  Ms. Reed requested approval on the proposed policy.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve Administrative Operating Procedure 100.15A, Civil Rights Act of 1964: Title IV Compliant Procedure.

 

Motion carried 3-0.

 

8.  CONSERVATION EASEMENT ON THE ROMAN RANCH PROPERTY FROM THE CITY OF FORT COLLINS:  Mr. White explained that the City of Fort Collins desires to grant Larimer County a conservation easement on the 1,954 acre Roman property.  He noted that the City of Fort Collins has received a Great Outdoors Colorado (GOCO) grant for this acquisition and is required by GOCO to have a third party hold the conservation easement.  Mr. White explained that the county would be required to monitor the terms of the conservation easement and pursue enforcement for violations.  He requested that the Board to accept the conservation easement.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the Conservation Easement on the Roman Ranch Property from the City of Fort Collins.

 

Motion carried 3-0.

 

9.  PARKS PROGRAM FUNDS AWARDED FROM GREAT OUTDOORS COLORADO FOR HORSETOOTH RESERVOIR PROJECTS:   Ms. Rollins explained that the Larimer County Parks Program was awarded $695,000 from GOCO to fund priority elements of the new Larimer County Parks Master Plan at Horsetooth Reservoir.  Ms. Rollins stated that Larimer County submitted the top proposal out of 8 applications that were submitted for this grant.  The Board thanked Senator Reeves, Ms. Rollins, and Mr. Caughlan for their efforts in securing the grant on behalf of the citizens of Larimer County.

 

10.  APPOINTMENTS TO BOARDS AND COMMISSIONS:   Ms. Tokarz presented the following recommendations for Boards and Commissions: 

 

Board of Adjustment:  Peter Bohling, Alan Cram, both appointed for a 3-year term as Alternates, beginning January 1, 2008, and expiring June 30, 2010.   Matt Strauch, appointed for a 3-year term beginning January 1, 2008, and expiring June 30, 2009 (filling the unexpired term of Larry Chisesi).

 

PID #28 Trotwood Ranches:  Keith Burman, appointed for a 2-year term beginning December 11, 2007, and expiring November 30, 2008 (filling the unexpired term of Jerry Hubka).

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the appointments to the Board of Adjustment and the PID #28 Trotwood Ranches, as outlined above.

 

Motion carried 3-0.

 

 

11.  WORKSESSION:    Mr. Gluckman asked for direction as to how the commissioners would like to choose which committees and boards they would serve on in 2008.  This topic will be brought back for discussion next week.

 

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

 

13.  LEGAL MATTERS:  (Affidavit Provided.)

 

 

M O T I O N

 

Commissioner Eubanks 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 meeting adjourned at 11:30 a.m., with no further action taken.

 

 

 

 

 

 

 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk

­­­

______________________________________

Angela Myers, Deputy Clerk

 

 

 

 

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