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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, FEBRUARY 7, 2011

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Pro-Tem Gaiter presided and Commissioner Johnson was present. Also present were:  Jeff Goodell, Engineering Department; Doug Ryan, Environmental Health Department; Rob Helmick, Samantha Mott, Toby Stauffer, and Michael Whitley, Planning Department; Jeannine Haag, County Attorney; and Melissa Lohry, Clerk to the Board.

 

Chair Pro-Tem Gaiter opened the hearing 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 Pro-Tem Gaiter explained that the following items were on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

Randy Pope requested that item #4, Welch Minor Special Review, file #10-Z1829, be removed from the consent agenda for discussion.

 

1.         KELLER-SUTHERLAND APPEAL, FILE #10-G0208:   This is a request for approval of a Lot Size Appeal to allow a Boundary Line Adjustment, creating one lot smaller than the 5-acre minimum lot size, within the FO-Forestry zoning district. The resultant lot will be 4.4-acres, due to a bisecting roadway that naturally separates the two properties. Generally, boundary line adjustment processes are administrative and do not require a hearing by the County Commissioners; therefore, the adjustment will be reviewed separately from this lot size appeal.

 

Staff finds that this request is consistent with the pattern of lots in the area and that the potential uses are supported in the zoning district. The proposed lot size is supported by the topography and the natural features of the area as it creates a logical boundary between lots and is consistent with the intent and purpose of the code.

 

Staff recommends approval of the Keller- Sutherland Lot Size Appeal, file #10-G0208, subject to the following condition:

 

1.    The final plat for the Keller-Sutherland Boundary Line Adjustment, file #10-S2945, shall meet all applicable requirements and be recorded per the standard county process.

 

2.         SINNETT REZONING, FILE #10-Z1828:   This is a request to rezone a property in the Fort Collins Growth Management Area from T (Tourist) to PD (Planned Development) allowing uses consistent with the commercial land use designation of the East Mulberry Corridor Plan.

 

On January 19, 2011, the Development Services Team presented the Sinnett Rezoning to the Planning Commission as a consent agenda item. No public testimony regarding the rezoning was offered and the Planning Commission only had one question for staff regarding whether the application had been sent to the City of Fort Collins. The Planning Commission made a recommendation to approve the requested rezoning as recommend by staff.

 

Staff and the Planning Commission recommend the Board of County Commissioners approve the request to rezone the Sinnett property from T (Tourist) to PD (Planned Development), file #10-Z1828, subject to the following conditions:

 

1.         The permitted uses, lot building and structure requirements, setbacks, and structure height limitations for Sinnett Planned Development shall be as follows:

 

A.        The Planned Development (PD) zoning for the property shall be as follows:

 

PD (Planned Development)

1.    Principal uses:

 

Agricultural

Garden supply center (SP)

Livestock veterinary clinic/hospital (SP/S) – See Section 4.3

Pet animal facility (SP/S) – See Section 4.3

Pet animal veterinary clinic/hospital (SP/S) – See Section 4.3

 

Commercial

Automobile service station (SP)

Bar/Tavern (SP/MS)

Carwash (SP)

Clinic (SP)

Convenience store (SP)

General commercial (SP)

General retail (SP/S) See section 4.3

Instructional Facility (SP)

Outdoor display/sales (SP)

Personal service (SP)

Professional office (SP)

Restaurant (SP/MS) – See Section 4.3

 

Institutional

Church (SP/S)

Health services (SP)

Hospital (SP)

Rehabilitation facility (SP)

School, nonpublic (S)

 

Recreational

Membership club/clubhouse (SP)

Place of amusement or recreation (SP/S)--See section 4.3

Shooting range (SP/S)--See section 4.3

 

Accommodation

Hotel/motel (SP)

 

Industrial

Enclosed storage (SP)

Light industrial (S)

Outdoor storage (SP/MS)

Trade use (SP) - See section 4.3

 

Utilities

Commercial mobile radio service (SP/S)--See section 16

Radio and television transmitters (S)

 

2.         Lot, building and structure requirements:

A.        Minimum lot size:  15,000-square-feet

B.       Minimum setback:

1.         Front yard--Refer to Section 8.17 (supplementary regulations for setbacks from highways or county roads). The setback from an interior subdivision road or established public or private road must be 25-feet from the property line or from the nearest edge of the road easement.

2.         Side yards 10-feet.

3.         Rear yards 10-feet.

4.         Streams, creeks, and rivers, 100-feet from the centerline of the established watercourse.

C.  Maximum structure height 40-feet.

 

Note:

1.         Uses followed by an (R) are allowed by right.

2.         Uses followed by an (SP) require approval through the site plan review process described in section 6.1.

3.         Uses followed by a (PSP) require approval through the public site plan review process described in section 6.2.

4.         Uses followed by an (MS) require approval through the minor special review process.

5.         Uses followed by an (S) require approval through the special review process described in section 4.5.

6.         Uses followed by a combination of (R/SP/PSP/MS/S) may be allowed by right or require approval based on thresholds in section 4.3 (use descriptions).

 

3.         COYOTE MOON MINOR SPECIAL REVIEW, FILE #10-Z833:   This is a request for approval of a Minor Special Review to allow a Bed and Breakfast to accommodate no more than six guests at a time within a single-family home. The property is 10.7-acres situated on the south side of County Road 68C approximately 0.6-miles west of the intersection of County Road 68C and Shambala Way.

 

There is an existing single-family home on the property that was built in 1970. The home is approximately 2,360-square-feet. The Bed and Breakfast is proposed on the lower level of the home which contains two bedrooms and one bathroom. If the proposed Minor Special Review is approved, the applicant has indicated she would construct an additional bathroom in the lower level of the home. The Bed and Breakfast would accommodate no more than six guests at a time.  Bed and Breakfasts that accommodate more than six guests require Special Review approval.

 

The parking requirement for a Bed and Breakfast is two spaces plus one space for each bedroom used for accommodation. One of the parking spaces must be handicapped accessible and be posted as such. The site has adequate area to accommodate the required number of parking spaces. 

 

Except for the addition of a handicap accessible parking space and associated sign or business signage, no additions or exterior changes are proposed. The size and location of signs is not reviewed as a part of the Minor Special Review process but will be evaluated when the property owners apply for sign permits. 

 

The property is served by an existing domestic water well.  The well is used as a water supply for the single-family home, to irrigate approximately 300-square-feet of gardens, and for the watering of livestock.

 

According to the Colorado Division of Water Resources, a new well permit would be required for the proposed bed and breakfast. According to the attached comments from the Division of Water Resources, either a commercial exempt well permit or a non-exempt well permit would be required. A commercial exempt permit would allow well water to be used for drinking and sanitary purposes within the building but would not allow for outdoor water use. A non-exempt well permit would be allowed for both indoor and outdoor use. A non-exempt well could only be issued pursuant to a court approved plan for augmentation.

 

The applicant has indicated she will obtain a commercial well permit and will provide an alternate water source for outdoor use. The permit and alternate water source must be obtained prior to commencement of the use of the home as a bed and breakfast.

 

In their review of this application, staff has found:

 

A.    The proposed use will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood.

 

B.   The property is not in a Growth Management Area and the proposed use is consistent with the County Master Plan.

 

C.   The applicant has demonstrated that this project can and will comply with all applicable requirements of this code,

 

D.    The proposed use will not result in a substantial adverse impact on other property in the vicinity of the subject property.

 

E.   The recommendations of referral agencies have been considered.

 

F.    The applicant has demonstrated that this project can meet applicable additional criteria listed in Section 4.3 Use Descriptions.

 

Staff recommends approval of the Coyote Moon Minor Special Review, file #10-Z1833, subject to the following conditions:

 

1.         The site shall be developed consistent with the approved plan and with the information contained in the Coyote Moon Minor Special Review, file #10-Z1833, 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 Coyote Moon Special Review.

 

2.         This application is approved without the requirement of 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, the 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.

 

4.    Prior to commencing the use, the property owners shall complete a Bed and Breakfast Declaration Form.

 

5.    Prior to commencing the use, the property owners shall  provide written documentation to the Planning Department that a commercial well permit has been obtained from the Colorado Division of Water Resources and that an alternate legal source of water for outside water use, such as the installation of a cistern filled by a water company, has been provided.

 

6.         This Minor Special Review approval will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as published above.

 

Motion carried 2-0.

 

4.         WELCH MINOR SPECIAL REVIEW, FILE #10-Z1829:   This is a request for Minor Special Review approval to “convert” an existing studio to an accessory dwelling unit. As a unit proposed in a detached structure, the applicant must receive approval from the Board of County Commissioners for a Minor Special Review. 

 

The studio was built as part of the barn at the time of the construction in 1994. At that time, the water and sewer connection were made and access was provided. The use came to the attention of Code Compliance in the summer of 2010 and the applicant indicated that the studio was being used more as a dwelling than a studio. Initially, it was thought that the farmstead provision of the code might be applicable due to the use of the property; however, at 16-acres, the property did not qualify for the farmstead provision. Therefore, staff worked with the applicant and determined that the accessory dwelling unit was the best match for the long term needs of the owner.

 

The application was presented to LaPorte Area Planning and Advisory Counsil (LAPAC) because of the level of interest in development in the specific neighborhood of the application. No issues were raised regarding the request. 

 

Staff recommends approval of the Welch Minor Special Review, file #10-Z1829, subject to the following conditions:

 

1.         The site shall be developed consistent with the approved plan and with the information contained in the Welch Minor Special Review, file #10-Z1829, 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 Welch Minor Special Review.

 

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 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, the 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 Minor Special Review approval.

 

4.    The owner is responsible for obtaining all required building permits for Change of Occupancy. All applicable fees, including permit fees and Transportation Capital Expansion Fees, shall apply to this use. Within 90-days from the date of approval, the owner shall obtain all outstanding building permits and inspections for all previous work in the existing building. 

 

5.    Approval of the appeal to Section 4.3.10.F.2 of the Larimer County Land Use Code, the habitable space of the current structure shall not exceed 855-square-feet.

 

6.    The single-family character of the property must be maintained. The entrance(s) to the accessory living area must not be visible from any road.

 

7.    The accessory living area is to be used solely for 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 must not be rented or leased separately from the single-family dwelling.

 

Chair Pro-Tem Gaiter opened the hearing to the applicant and Ms. Welch-Schmidt addressed the Board. Ms. Welch-Schmidt stated that while the accessory building has been rented in the past, she intends to utilize the space to house a tenant in exchange for work on the property.

 

Chair Pro-Tem Gaiter opened the hearing to public comment.

 

Mr. Pope addressed the Board and stated that when Ms. Welch-Schmidt originally applied for the building permit, she informed neighbors that she intended to rent the space. Mr. Pope expressed concern that the accessory dwelling would be rented in the future, which is against the Land Use Code, and suggested the Board require all tenants to sign an affidavit that they are not paying money to rent the dwelling.

 

Judy Jackson addressed the Board with concerns about access to the Bingham Hill Cemetery, which is adjacent to the subject property. Ms. Jackson stated that the public access is via a footpath that is not accessible to vehicles, machinery, or handicapped individuals.

 

John Schmidt addressed the Board and stated that public access to the cemetery could be resolved with a little help from the county and was not related to the current application.

 

Shelby Majors, nearby land owner, addressed the Board and stated that the code compliance issue was raised by Mr. Pope in retaliation for Ms. Welch-Schmidt’s opposition to his event center. Ms. Majors noted that approval would not change the use of the property and argued that cemetery access was not related to the current application.

 

Commissioner Johnson asked Ms. Welch-Schmidt about the type of work done by the current tenet in exchange for residency in the accessory dwelling. Ms. Welch-Schmidt stated that the tenant assists her with feeding animals, weed control, mowing operations, property protection, and hay production.

 

Chair Pro-Tem Gaiter asked Ms. Welch-Schmidt if she understood that the accessory dwelling could not be rented at any time in the future and Ms. Welch-Schmidt answered yes.

 

Commissioner Johnson stated that he was in favor of the application and while the information brought forth about the Bingham Hill Cemetery was interesting and may require further interest by the county, it was not of significance to the current application.

 

Chair Pro-Tem Gaiter stated that, in his opinion, Mr. Pope’s concerns were addressed by condition #8, “The accessory living area must not be rented or leased separately from the single-family dwelling.” Chair Pro-Tem Gaiter echoed Commissioner Johnson’s sentiments regarding the cemetery.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Welch Minor Special Review and Appeal, file #10-Z1829, subject to the conditions as outlined above.

 

Motion carried 2-0.

 

There being no further business, the Board recessed at 3:45 p.m.

 

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Pro-Tem Gaiter presided and Commissioner Johnson was present. Also present were:  Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Rob Helmick, Planning Department; Jeannine Haag, County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Pro-Tem Gaiter opened the hearing and asked for public comment on the County Budget, and Land Use Code. No one from the audience addressed the Board regarding these topics.

 

1.         BECKERS STABLE SPECIAL REVIEW, TABLED FROM JANUARY 10, 2011:   This application was initially presented to the Board of County Commissioners during their hearing on January 10, 2011. At that hearing, a recommendation of denial from staff and the Larimer County Planning Commission was presented, and the Board decided to table the request with direction to staff to develop conditions that would support a total number of equines on the property not to exceed 25. At this time, staff has developed conditions based on the file record and the representations of the applicant, which are noted below. 

 

The applicant, Dr. Beckers, has prepared documents to support the conditions but has also presented some new information, which he wishes to have the Board of County Commissioners consider, with respect to how the numbers are determined, how breeding horses are considered on the property, how other livestock is counted or considered, and the time necessary to comply with the conditions. 

 

The proposals by Dr. Beckers are essentially consistent with the original plan presented to the Board of County Commissioners; however, staff has some concerns with the “as needed” statements and the length of time requested to bring the property into compliance. There are some complications with the proposal because an annexation to the City of Fort Collins is required, and Dr. Beckers wishes to be sure that all the uses he may wish to retain on his property can be carried forward through the annexation process and survive annexation. 

 

This annexation issue has complicated the review of the conditions of approval. Two additions to the plan have been suggested by the applicant. The first addition to the original proposal includes breeding horses and the inclusion of other livestock on the site. At this time, the breeding of horses is not regulated, except through the basic use-by-right of one horse per half-acre. Livestock and farm animals are not regulated beyond the feedlot standard of no more than 10 per acre of confinement. Staff has found that Dr. Becker’s inclusion of these items is problematic because it is currently very late in the application process; and therefore, no review or comments have been solicited. Staff firmly believes both additions have the potential to impact surrounding properties and intensify the use. 

 

Staff recommends approval of the Beckers Stable Special Review, file #10-Z1797, subject to the following conditions:

 

1.    The maximum number of horses at any time on the property shall not exceed 25, boarded, owned, or confined on the site. In the event the applicant chooses to have livestock on the property, they shall be allowed with a one-to-one reduction in the number of horses on the property.

 

2.    The pens adjacent to the south side of the barn must be cleaned daily to keep the flies and offensive odor to a minimum. The other pens may be cleaned no less than weekly.

 

3.    Construction of concrete bunkers, per design and plans submitted with the application, for temporary manure storage will occur within 6-months from approval (June 2011). 

 

4.    Manure must be hauled from the property and disposed of regularly. The combination of the concrete bunkers and frequent manure removal will eliminate the possibility of water mixing with the manure piles and leaving the property.

 

5.    All of the roads and parking areas are currently covered with ground asphalt, which must be maintained by the operator.

 

6.    The arena will be watered as needed, if visible dust occurs.

 

7.    In the area east of the irrigation ditch, pasture grass and trees must be planted on the 3 surrounding sides (north, south and east). The trees must be saplings spaced 12-feet apart and the grass will be planted from the fence line outward 40-feet. This will leave an area in the center that will contain smaller pens for horses. The grassed area, once established, will only be utilized for turn out and not for grazing. A minimum grass cover will be maintained at all times in the area. Trees, once established, shall be protected to avoid grazing and damage from horses. All grass and trees must be planted by July 2011.

 

8.    Parking for client vehicles and horse trailers will be as designated on the site map

 

9.    The 3 light poles on the north and the 3 light poles on the south side of the arena as depicted on the site plan will be removed no later than June 1, 2011.

 

10.   There shall be no lights on the outdoor arena yard and security lighting shall not produce glare off site. 

 

11.   All areas of confinement shall be as depicted on the site plan dated January 20, 2011. The site plan does not specify pen configurations or individual pen populations. 

 

12.   The applicant will submit a petition to be annexed into the city within 30-days of final approval of the Beckers Special review, which is the reason for a 6-month transition period. The Beckers will be required to comply with city issues as well as the county conditions within the same time period.

 

13.   Manure collection points - the front collection must be a concrete collection bin, additionally, construction of both the front and back collection points must be of concrete to prevent manure from spreading or mixing with water in the irrigation ditch. The concrete bunkers must also be covered with a mesh/screen to control flies.

 

14.   No clinics or shows are permitted by this approval on this site. 

 

15.   Hours of operation and public access shall be 7:00 a.m. to 9:00 p.m., except for emergencies.

 

16.   All conditions of approval shall be met within 6-months of this hearing unless otherwise specified.

 

Chair Pro-Tem Gaiter explained that because the applicant and public were given a chance to comment on this item during the original hearing on January 10, 2011, the Board would not open the hearing to public comment again.

 

Commissioner Johnson stated that he was very pleased with the conditions crafted by staff and believed all concerns have been addressed. He expressed concern about allowing any more than 25 animals, horses or livestock, on the property. And finally, he felt that 6-months is an adequate timeframe to meet all conditions of approval.

 

Chair Pro-Tem Gaiter also voiced support for the proposed conditions.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Beckers Stable Special Review; file #10-Z1797, subject to the conditions as outlined and amended above.

 

Motion carried 2-0.

 

2.         S BAR G MINOR LAND DIVISION, FILE #10-S3017:   This is a request for approval of a Minor Land Division to create a 38-acre lot (Lot Once) and a 38-acre lot from a previously exempted 51-acre parcel, to facilitate a Conservation Development. The request was submitted due to issues with the State Engineers Office regarding the domestic water well on the property that serves the existing residence. The existing home is located approximately 1000-feet north of Douglas Road and the applicant has chosen to retain the well for individual service and use East Larimer County Water District to service the new lots proposed in the related Conservation Development.

 

Ultimately, the action proposed for the Board of County Commissioners is to approve a Conservation Development on the 13.5-acre Lot One of the MLD rather than doing a conservation development on the 51-acre parcel. A complication to the MLD is that 51-acre parcel was created by exemption, and therefore, does not meet the criterion of an MLD, which states that the subject parcel cannot be part of an exemption. Notwithstanding this complication, the net result of this request is the same as a Conservation Development on the whole property, which is not excluded by the criteria. 

 

Staff recommends approval of the S Bar G Minor Land Division, file #10-S3017, subject to the following conditions and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.         All conditions of approval shall be met and the Final Plat recorded by July 7, 2011, or this approval shall be null and void.

 

2.         The typical fees collected at building permit issuance for new single family dwellings, are a part of the Conservation Development approval and there is an existing dwelling on lot 1. 

 

3.         Prior to the recordation of the Final Plat, the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

4.         Lot One shall be restricted from further development by terms and conditions similar to those imposed upon a residual lot in a Conservation Development. Lot Two shall be restricted from further development until a Conservation Development is approved.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the S Bar G Minor Land Division, file #10-S3017, subject to the conditions as outlined above and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature.

 

Motion carried 2-0.

 

3.         S BAR G CONSERVATION DEVELOPMENT, FILE #10-S2953:   This is a request for approval of a Preliminary Plat for a 4-lot conservation Development on 51.6-acres and serves as a companion application to the Minor Land Development for the same property. The applicant for this development has had to revise this request due issues with the State Engineers Office regarding the domestic water well that serves the existing residence. The residence is located approximately 1000-feet north of Douglas road and the applicant has chosen to retain the well for individual service and use water from the East Larimer County Water District for the three proposed lots.

 

In correspondence with staff, the Colorado State Engineer indicated that due to the number of proposed lots, by operation of law, a material injury to the waters of the state would be created. To resolve this issue, the State Engineer stated that the well could be discontinued or it could be augmented, although no physical change to the well or service was proposed. Another alternative offered by the State Engineer, was to create a 35+ acre parcel, containing the existing home, and create a Conservation Development on the remaining 13.5-acres. This second option is the option chosen by the applicant.

 

Ultimately, the action proposed to the Board of County Commissioners is to approve a 13.5-acre Conservation Development rather than the original 51-acre plan. However, all the recommended conditions of approval relate to either proposal.

 

The Planning Commission and staff recommend approval of the S Bar G Conservation Development and appeals to Section 8.14.1.O Gated Private Road; Section 8.14.1.M Roads; and Section 8.14.1.R Connectivity of the Larimer County Land Use Code; file #10-S2953, subject to the following conditions:

 

1.    The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the S Bar G Conservation Development Preliminary Plat, file #10-S2953, 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 S Bar G Conservation Development Preliminary Plat.

 

2.    The following fees shall be collected at building permit issuance for new single family dwellings:  Poudre School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional and Community 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.    All new residential structures shall be fire sprinkled.

 

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 3-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 private access road, hammerhead turn around, and gated entry are subject to final review and approval by the Larimer County Engineering Department and the Poudre Fire Authority.

 

7.         By virtue of the restrictions placed on Lot 1 of the S Bar G Minor Land Development, Lot 3 of the S Bar G Conservation Development shall not be subject to perpetual development restrictions.

 

Chair Pro-Tem Gaiter opened the hearing to the applicant and Scott Glick addressed the Board. Mr. Glick thanked staff for the creative way in which they have designed the proposal, allowing him to divide his property into four lots, without incurring penalties from the State Engineer. Mr. Glick also requested the Board not grant a request by the Jackson Ditch Company to extend the size of the current ditch easement.

 

Chair Pro-Tem Gaiter opened the hearing to public comment and Nancy Terry addressed the Board with questions about the use of Residual Lot A in the Conservation Development. The Board explained that activity on the lot would be restricted and building would be confined to the building envelope, which currently surrounds the existing residence.

 

Commissioner Johnson echoed Mr. Glicks praise for staff and their creative compromise. Commissioner Johnson also stated that he found the existing ditch easement to be adequate and would not support the request by the Jackson Ditch Company’s written request for additional land.

 

Chair Pro-Tem Gaiter agreed.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the S Bar G Conservation Development Preliminary Plat, file #10-S2953, subject to the conditions as amended above.

 

Motion carried 2-0.

 

There being no further business, the Board adjourned at 7:45 p.m.

 

 

TUESDAY, FEBRUARY 8, 2011

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager. Chair Pro-Tem Gaiter presided and Commissioner Johnson was present. Also present were: Donna Hart and Deni LaRue, Commissioners’ Office; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  There was no public comment today.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 31, 2011:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of January 31, 2011.

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 14, 2011:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda, as listed below:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petitions for Abatement are approved:  Fort Collins Primary Care PLLC and Bankcenter Group LLC.

 

02082011A001           AMENDMENT TO THE COLORADO DEPARTMENT OF TRANSPORTATION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION

 

02082011A002           INTERGOVERNEMENTAL AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE BERTHOUD COMMUNITY LIBRARY DISTRICT, AND THE TOWN OF BERTHOUD

 

02082011A003           DRAINAGE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LOWER POUDRE CANYON ASSOCIATION

 

02082011R001           SPECIAL REVIEW FINDINGS AND RESOLUTION DENYING THE PETITION OF JAMES HINOJOS AND ORGANIC SOLUTIONS

 

02082011R002           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 2 AND 3 IN THE MEADOWDALE HILLS SUBDIVISION, 2ND FILING

 

02082011R003           FINDINGS AND RESOLUTION APPROVING THE STEGNER PIT TIME EXTENSION

 

02082011R004           FINDINGS AND RESOLUTION APPROVING THE DONALDSON MINOR LAND DIVISION AND DENYING THE FEE APPEAL

 

02082011R005           RESOLUTION APPROVING THE AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING THE OUTDOOR DISPLAY OF MERCHANDISE

 

02082011R006           FINDINGS AND RESOLUTION APPROVING THE SCHUMAN MINOR SPECIAL REVIEW

 

LIQUOR LICENSES:           The following licenses were approved and/or issued:  A Hunt Club – Tavern – Fort Collins; Vern’s Place – Beer and Wine – LaPorte; Estes Park Medical Center Foundation – Special Event 6% – Estes Park; FOCO Derby Girls – Special Event 6% – Fort Collins.

 

Motion carried 2-0.

 

5.         ASSISTANT COUNTY MANAGER WORKSESSION:   Mr. Gluckman requested direction from the Board regarding a vacancy on the Planning Commission.

 

Commissioner Johnson stated that the Board could fill the vacancy using one of the candidates interviewed during the last application process or the Board could call for new applications.

 

Chair Pro-Tem Gaiter suggested the Board wait for Chair Donnelly to return before a decision is made.

 

6.         COMMISSIONER ACTIVITY REPORTS:  The Board discussed their activities at events during the past week.

 

7.         LEGAL MATTERS:  There were no legal matters to discuss.

 

There being no further business, the Board adjourned at 9:30 a.m.

 

 

 

 

 

__________________________________________

   LEW GAITER III, CHAIR PRO-TEM

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Melissa E. Lohry, Deputy County Clerk

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