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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, January 25, 2010

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Jeff Goodell, Engineering Department; Rob Helmick, Russ Legg, and Sean Wheeler, Planning Department; David Ayraud, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

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

 

Mr. Lafferty requested the Board table item #1 Loveland Tall Pines Appeal, and item #4, Deep Water Metro District 1 & 2, file #G0108.

 

1.         LOVELAND TALL PINES APPEAL:  (This item was initially tabled from December 14, 2010) Mr. Lafferty informed the Board that the applicant has requested this item be tabled until April 26, 2010.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners table the Loveland Tall Pines Appeal until April 26, 2010, at 3:00 p.m.

 

Motion carried 3-0.

 

4.         DEEP WATER METRO DISTRICT 1 & 2, FILE #06-G0108:  This item has been repeatedly tabled since April 2006. Staff again requests the item be tabled by the Board to allow negotiations to continue between the applicant and the Town of Timnath.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners table the Deep Water Metro District 1 & 2, file #06-G0108, until July 12, 2010, at 3:00 p.m.

 

Motion carried 3-0.

 

 

2.         ROGERS MINOR SPECIAL REVIEW, FILE #09-Z1768:   This is a request for Minor Special Review approval of a detached accessory living area, to be located on an 8.16-acre residential lot north of Fort Collins. The property is located on the south side of Highland Place Road, between Gregory Road and Terry Lake Road. Under the current regulations, the size of an accessory living area is limited to 800-square-feet, or no more than 40% of the primary residence, whichever is less. Initially, the proposed accessory living area was the applicants’ primary residence; however, the applicants have constructed a new residence on site and wish to reduce the size of the former primary residence from 2,623-square-feet to nearly 900-square-feet.  The former residence will still exceed the 800-square-foot allowance for an accessory living area, and thus, the applicants are appealing Section 4.3.10.F.2.c of the Land Use Code, in order to retain the additional square footage. 

 

The neighborhood surrounding the site is made up of various sized single-family residential lots and is zoned R-Residential. The applicants conducted the required neighborhood meeting on October 13, 2009, and questions focused primarily on the use of the accessory living area as a potential rental unit, which the regulations do not permit. One neighbor contacted staff regarding concerns with the request early in the fall but has not contacted staff since that time. Staff has not received any other concerns in writing or by email. No reviewing agency has raised objections to the approval of this request.

 

In summary, accessory living areas are intended to allow property owners the full benefit and use of their land, while maintaining the integrity and character of the single-family neighborhood.  The proposed accessory living areas are the applicants’ former primary residence and will be significantly reduced in size. Approval of the use, and the appeal, will have no impact on adjacent properties. The request is also compatible with existing and allowed uses in the Growth Management Area. The applicants are advised that approval will require them to obtain a building permit and that other fees (such as the transportation capital expansion fee) will apply. 

 

Staff recommends approval of the Rogers Accessory Living Area Minor Special Review, file #09-Z1768, and the appeal to Section 4.3.10.F.2.c, subject to the following conditions:

 

1.         The site shall be developed consistent with the approved plan and information contained in the Rogers Accessory Living Area Minor Special Review, file #09-Z1768, except as modified by the conditions of approval or agreement of the county and applicant. The application is subject to all other verbal or written representations and commitments of record for the Rogers Accessory Living Area Minor Special Review, file #09-Z1768.

 

2.         This application is approved without the requirement for a Development Agreement. In the event the applicant fails to comply with any conditions of approval, or fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to the county, the county may withhold building permits; issue a written notice to the applicant to appear and show cause why the Minor Special Review approval should not be revoked; and/or bring a court action for enforcement of the terms of the Minor Special Review. All remedies are cumulative and the county’s election to use one shall not preclude use of another.  In the event the county must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees. The county may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.

 

3.         The Findings and Resolution shall be a servitude running with the property.  Those owners of the property (or any portion of the property) who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees and persons holding under applicants, shall comply with the terms and conditions of the Special Review approval.

 

The owner is responsible for obtaining all required building permits for the Rogers Accessory Living Area. All applicable fees, including permit fees and Transportation Capital Expansion Fees shall apply to this use and shall be paid no later than May 31, 2010.

 

5.         The square footage in the Accessory Living Area shall not exceed 900-square-feet.

 

6          The single-family character of the property must be maintained. The entrance to the Accessory Living Area must not be visible from any road.

 

7.         The Accessory Living Area is solely for use by guests of the occupants of the single-family dwelling, or those providing a service on site in exchange for their residency.

 

8          The Accessory Living Area shall not be rented or leased separately from the single-family dwelling.

 

9.         Approval of the Minor Special Review and Appeal will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

Chair Johnson opened the hearing to the applicants and Sean Rogers addressed the Board.  Mr. Rogers explained that the reason for the size appeal was that he planned to utilize the former residence to house an accessory living area and a two car garage, while the remaining space will be deconstructed. To accommodate these plans, Mr. Rogers would like to utilize the current load bearing wall within the structure, which would result in the accessory living area being nearly 900-square-feet.

 

Chair Johnson asked Mr. Rogers if guests staying in the accessory living area would be personal guests.  Mr. Rogers stated yes, they would be limited to personal guests from out of town.

 

Commissioner Gaiter asked Mr. Rogers if the current sanitation system would be adequate for the proposed accessory living area. Mr. Rogers stated that they would be reducing their utilization of the sanitation system by removing one of the bathrooms from the current structure; therefore, the existing system would be adequate.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Rogers Minor Special Review, file #09-Z1768, subject to the conditions listed above.

 

Motion carried 3-0.

 

3.         MISHAWAKA LOT SIZE APPEAL, FILE #09-G0185:   This is a request to create a lot around the improvements at the Mishawaka Inn as a part of a larger property transaction with the US Forest Service. The Mishawaka Inn is located within the National Wild, Scenic, and Recreationally designated Poudre River. The US Forest Service is the administrator of this designation and has negotiated for many years with the owners of the site for purchase or access. At this time, the owners propose to create a parcel on the developed and “flat” portions of the site. This area, although bisected by Colorado Highway 14, is approximately 4.9-acres, which is less than the minimum lot size of 10-acres required in the O-Open zoning district; however, as part of this proposal, the 40-acre balance of the site will be boundary adjusted, a companion Boundary Line Adjustment application has been submitted, into the adjacent National Forest adjacent to the property on both the north and south sides. 

 

Staff recommends approval of the Mishawaka Lot Size Appeal, file #09-G0185, subject to the following conditions:

 

1.         Complete the companion Boundary Line Adjustment no later than June 1, 2010.

 

2.         If the Boundary Line Adjustment is not completed within the prescribed time frame, then this lot size appeal shall be null and void. 

 

3.         The approval of this appeal and the companion Boundary Line Adjustment in no way alters or approves the uses at the Mishawaka Inn, nor does it release the owners from complying with or processing any and all applications necessary for the uses on the site and/or connected with a shuttle service to and from the site.

 

Chair Johnson opened the hearing to the applicant and Brad March, attorney representing the applicant, addressed the Board.  Mr. March stated that this project has been a high priority of the US Forest Service and that the applicant is in agreement with staff the conditions listed above.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Mishawaka Lot Size Appeals, file #09-G0185.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 3:30 p.m.

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Donna Hart and Deni LaRue, Commissioners’ Office; John Gamlin, Department of Human Resources; Linda Hoffman, Matt Lafferty, and Russ Legg, Planning Department; Stephen Gillette, Solid Waste Department; Irene Josey, Treasurer’s Office; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Barry Feldman, LuAnn Goodyear, and Suzanne Bassinger, all members of the Horse Facilities Study Working Group, addressed the Board with concerns about members of the working group, the Planning Commission, and the possibility of the working group being disbanded by the Board.

 

The entire Board thanked everyone for all of their hard work and Chair Johnson assured everyone that the Board is supportive and confident in all members of the working group. He also encouraged members of the working group to meet with the Planning Commission to share their concerns regarding this topic.

 

Commissioner Gaiter ensured the working group members that he would be happy to meet and further discuss their concerns.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 18, 2010:        

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of January 18, 2010, as amended.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 1, 2010 :  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:  Commissioner Johnson expressed some concern about the “Resolution Canceling 2007 Taxes Determined to be Uncollectible” and asked that the item be removed from the consent agenda until reviewed by the Board.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as it appears below:

 

01262010A002           EQUITABLE SHARING AGREEMENT AND CERTIFICATION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE FEDERAL GOVERNMENT – US DEPARTMENT OF JUSTICE, US TREASURY DEPARTMENT, AND THE LARIMER COUNTY SHERIFF’S OFFICE

 

01262010A003           SERVICES AGREEMENT TO UPGRADE TO ORACLE E-BUSINESS SUITE R12 ASSESSMENT PROJECT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND AST CORPORATION

 

01262010A004           DEVELOPMENT AGREEMENT FOR ISON SUBDIVISION FILE #08-S2838 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ISON FOUNDATION TRUST #030805

 

01262010A005           MASTER CHALLENGE COST SHARING AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE US FOREST SERVICE, REGION 2, ARAPAHO NATIONAL FOREST, ROOSEVELT NATIONAL FOREST, AND PAWNEE NATIONAL GRASSLAND

 

01262010D001           DEED OF DEDICATION, RIGHT-OF-WAY BY MARK A. MILLER AND KATHLEEN M. MILLER

 

01262010R002           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 13 & 14 OF MCMURRY RANCH AND KOEPP LOT SIZE APPEAL

 

01262010R003           RESOLUTION REGARDING EXTENSION OF APPROVAL FOR THE AMENDED PLAT OF PINEWOOD SPRINGS 5TH FILING, LOTS 108, 118, AND 121A

 

01262010R004           RESOLUTION REGARDING EXTENSION OF APPROVAL FOR THE AMENDED PLAT OF SIERRA VISTA TERRACES, LOTS 1 & 3

 

01262010R005           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR ISON SUBDIVISION 08-S2838

 

01262010R006           FINDINGS AND RESOLUTION APPROVING THE BORENSEN LOT SIZE APPEAL

 

MICELLANEOUS:              Ison Subdivision Final Plat; Annual Certification of Larimer County Maintained Road Mileage to the Colorado Department of Transportation.

 

LIQUOR LICENSES:         The following licenses were approved and issued:  Glen Echo Resort LLC – Hotel and Restaurant – Bellvue; Windjammer Liquors – Retail Liquor Store – Loveland.

 

Motion carried 3-0.

 

4.         WAIVER OF HUMAN RESOURCES POLICY – HOLIDAY LEAVE:   Mr. Gillette addressed the Board to request a waiver of the Human Resources Policy and Procedure, 331.6D. and 331.6V., Sections 5 and 6, pertaining to holiday leave.  Mr. Gillette explained that on September 29, 2009, the Board approved a policy to limit all benefited employees to 32-hours of unused holiday leave. The same policy also limited all employees terminating employment to a maximum payout of 32-hours of holiday leave. He further explained that an employee in the Solid Waste Department whom has accumulated over 200-hours of holiday leave during his/her time with Larimer County and was planning to use the time in conjunction with a pre-retirement plan. Because this individual accumulated most of the 200-hours of holiday leave previous to the Board’s approval of the new policy, Mr. Gillette requested the Board waive the policy and allow the individual to continue with his/her original retirement plans.  

 

Chair Johnson asked Mr. Gillette why he had not brought this situation to the Board’s attention prior to the policy’s approval.  Mr. Gamlin stated that Mr. Gillette brought the matter to his attention and, at the time the Board approved the new policy, they were aware that some exceptions would have to be made.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve an exception to the Human Resources Policy and Procedure 331.6D and 331.6V, Sections 5 and 6, Holiday Leave, for the Solid Waste employee referenced at today’s meeting, valid only if the employee retires on or before December 31, 2010.

 

Motion carried 3-0. 

 

5.         TOWN OF ESTES PARK INTERGOVERNMENTAL AGREEMENT EXTENSION:  Mr. Legg and Dave Shirk addressed the Board to request approval of a 10-year extension to the Intergovernmental Agreement between the Town of Estes Park and Larimer County.  Mr. Legg explained that the proposed changes to the intergovernmental agreement include: 1. Extension of the expiration date of the agreement until the year 2020; 2. Requiring the Chair and Vice-Chair of the Estes Valley Planning Commission serve terms of 2-years; 3. Proposing the payment amount be agreed upon by the Estes Park Town Administrator and the County Manager of Larimer County and paid on or before July 1st of each year; 4. Removing several paragraphs intended to guide the transition of the intergovernmental agreement, which are no longer needed.

 

Chair Johnson asked Mr. Shirk if he had received any negative public comment regarding the previous version of the agreement.  Mr. Shirk stated he had not heard any negative comments but instead had heard many positive comments from the public.

 

Commissioner Donnelly also stated that he had heard many positive comments from the public in regards to the intergovernmental agreement.  

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Intergovernmental Agreement Extension between the Town of Estes Park and Larimer County.

 

Motion carried 3-0.

 

01262010A001           FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF ESTES PARK

 

6.         COUNTY MANAGER WORKSESSION:              Irene Josey addressed the Board to discuss the “Resolution Canceling 2007 Taxes Determined to be Uncollectible.” Ms. Josey stated that the taxes were “determined to be uncollectible” due to the Treasurer’s inability to locate individuals or assets. These include cases include instances where personal property has been sold and payment is untraceable or cases in which mobile homes have been removed from the state of Colorado.

 

Chair Johnson thanked Ms. Josey for providing clarification.

 

M O T I O N

 

Commissioner Donnelley moved that the Board of County Commissioners approve the Resolution Canceling 2007 Taxes Determined to be Uncollectible.

 

Motion carried 3-0.

 

01262010R001           RESOLUTION CANCELING 2007 TAXES DETERMINED TO BE UNCOLLECTIBLE

 

Mr. Gluckman requested the Board appoint a Commissioner to the Larimer County Foundation, a 501(c)(3), which was established three years ago to aid in the acceptance of grants and donations on behalf of public and county agencies within Larimer County.

 

After some discussion regarding schedules, the Board decided to appoint Commissioner Gaiter to the Larimer County Foundation.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners appoint Commissioner Gaiter to serve on the Larimer County Foundation.

 

Motion carried 3-0.

 

7.         COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at activities during the previous week.

 

8.         LEGAL MATTERS:  Ms. Haag addressed the Board via telephone and requested the Board go into executive session to discuss possible litigation, with no action to follow.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 11:15 a.m.

 

 

 

 

 

 

__________________________________________

                        STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

­­­______________________________________

Melissa Lohry, Deputy Clerk