MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Traci Shambo, Engineering Department; Dave Shirk, Estes Park Planning Department; Toby Stauffer and Michael Whitley, Planning Department; Jeannine Haag, County Attorney; and Melissa Lohry, Deputy Clerk.
Chair Donnelly 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 Donnelly 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:
1. GREELEY-BOULDER COLONY SUBDIVISION LOT 16 AMENDED PLAT: This is a request to adjust an interior lot line between two existing lots.
Staff recommends approval of the proposed Amended Plat of a portion of Lot 16 Greeley-Boulder Colony Subdivision and a portion of the NE ¼ of Section 4, Township 4 North, Range 73 West, subject to the following conditions:
1. Compliance with the memo from the Upper Thompson Sanitation District to Community Development, dated March 16, 2011.
2. Compliance with the memo from the Estes Park Utilities to Community Development dated March 28, 2011. Light and Power comment number one and Water comment number one. This condition shall be completed prior to Board of County Commission review.
3. The following note shall be added to the plat: “There shall be no planting of trees or shrubs in the sanitary sewer easement. Fences shall be constructed to allow for immediate access. All costs associated with the removal, repair, and/or relocation of all appurtenances located within the easement will be the sole responsibility of the customer and/or property owner.”
2. VENNERS RANCH ESTATES LOTS 4 & 5 AMENDED PLAT: This is a request to adjust the interior lot line between Lot 4 and Lot 5 of the Venners Ranch Estates Subdivision, in an attempt to resolve a driveway encroachment onto Lot 4.
Staff recommends approval of the Venners Ranch Estates Lots 4 & 5 Amended Plat and authorization for the chair to sign when the plat is presented for signature.
3. ESTES VALLEY DEVELOPMENT CODE AMENDMENT – SOLAR ENERGY COLLECTORS: This is a request to amend the Estes Valley Development Code to clarify that solar panels are an allowed accessory use in all zoning districts. The development code is currently silent to solar panels and the proposed amendment is part of the renewable energy discussion and follows adoption of wind turbines last year.
The Town Board of the Town of Estes Park voted unanimously to approve the proposed amendments at their April 26, 2011, public hearing.
Staff recommends approval of the proposed amendment to Section 5.2 of the Estes Valley Development Code, regarding solar energy.
4. POUDRE PARK LOTS 17 & 30 LOT CONSOLIDATION, FILE #11-S3034: This is a request for approval of a lot consolidation to combine 2 lots and the vacated right-of-way that lies between them into one property. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.
Staff recommends approval of the Poudre Park, Lots 17 & 30 Lot Consolidation and consolidation of vacated ROW property, File # 11-S3034 subject to the following conditions:
1. All conditions of approval shall be met and the final resolution recorded by November 16, 2011, 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.
5. FRANCES PIEL EXEMPTION AND BOUNDARY LINE ADJUSTMENT OF PARCEL 1, INDIAN CREEK RANCH, FILE #11-S3035: This is a request to amend two lots in the France Piel Exemption and adjust the boundary line for an adjacent metes and bounds property, listed as Parcel 1 Indian Creek Ranch. Approval of the request would accommodate an encroaching well and correct a survey error.
Staff recommends approval recommends approval of the Amended Plat of Parcels 1 & 2 of the Frances Piel Exemption and Boundary Line Adjustment of Parcel 1 Indian Creek Ranch, File # 11-S3035, subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:
1. The final plat shall be recorded by November 16, 2011, or this approval shall be null and void.
2. 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.
3. The following note shall be added to the plat: “The new lots created by this action are subject to the same restrictions, covenants, and regulations as set forth in the plat of record of Frances Piel Exemption.”
4. Several easements as listed in comments from Dale Greer dated April 22, 2011, shall be provided on the plat prior to recordation.
5. A 40-foot access easement shall be indicated on the plat to provide access to parcels 1 & 2 of the Frances Piel Exemption.
6. The reconfiguration of the lot lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded.
6. EDEN VALLEY INSTITUTE SPECIAL REVIEW, FILE #10-Z1819: This is a request for special review approval for a Master Plan to allow for the expansion of an existing non-conforming religious community including: renovations to existing residential and non-residential structures, replacement of existing single-wide mobile homes with manufactured and/or site-built homes, expansion and relocation of a health retreat center, re-establishment of an elder care home, upgrade and renovation of the water and sewer systems, and paving an existing internal access road.
Staff recommends approval of the Eden Valley Institute Special Review, file #10-Z1819, subject to the following conditions:
1. This special review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.
2. The site shall be developed consistent with the approved plan and with the information contained in the Eden Valley Special Review, file #10-Z1819, 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 Eden Valley Special Review.
3. Failure to comply with any conditions of the special review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.
4. This application is approved without the requirement for a Development Agreement.
5. In the event that the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved 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 special review approval should not be revoked, and/or bring a court action for enforcement of the terms of the 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 special review approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees.
6. The county may conduct periodic inspections to the property and reviews of the status of the special review as appropriate to monitor and enforce the terms of the special review approval.
7. 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.
8. Prior to issuance of building permits for the Phase One replacement dwellings, a completed Colorado Site Application and Utility Plan shall be submitted for initial review by local agencies including: the North Front Range Water Quality Planning Association and Larimer County Department of Health and Environment.
9. The Phase One replacement dwellings planned for new septic systems may be served by on-site septic systems. The Larimer County Department of Health and Environment finds that the Utility Plan demonstrates that those systems would comply with state policy on multiple sewer systems and county standards for individual sewer systems.
10. The Phase One replacement dwellings planned for connection to the central sewer system may be served by the existing treatment plant if the Larimer County Department of Health and Environment finds that the Colorado Site Application and Utility Plan are complete and adequate to support the future upgraded treatment plant.
11. Prior to the issuance of building permits for the Phase Two health retreat center and later improvements, Eden Valley Institute shall complete the permitting and installation process for the central sewer system as required by the Colorado Department of Health and Environment compliance order.
12. Life-safety inspections of all structures on the property shall be conducted to ascertain if there are any imminent life-safety issues present and to establish the correct occupancy for each structure as defined under the Building Code. Permits and all inspection approvals shall be obtained within six months from the final determination on this special review application.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as published above.
Motion carried 3-0.
There being no further information, the Board recessed at 3:15 p.m.
LAND USE HEARING
The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Rob Helmick, Planning Department; Traci Shambo, Engineering Department; Jeannine Haag, County Attorney’s Office, and Melissa Lohry, Deputy Clerk.
Chair Donnelly 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. MORNING DRIVE WATER LINE 1041, FILE #Z1839: This is a request for 1041 Permit approval of a 30-inch treated water line in an easement which is expected to be wider than 30-feet.
The City of Loveland proposes to construct a 30 inch treated water line between the existing 48 inch line in Highway 34 and the existing water tank at the west end of West 29th Street. This line is in addition to the 24-inch line that is located in this area.
Section 14.4.J. of the Larimer County Land Use Code, Siting and Development, states that new or extended domestic water or sewer transmission lines, which are contained within new permanent easements greater than 30-feet or within new permanent easements greater than 20-feet that are adjacent to existing easements: Domestic water transmission lines include those used to transport both raw and treated water. This designation shall not include the maintenance, repair, adjustment or removal of an existing pipeline or the relocation, replacement or enlargement of an existing pipeline within the same easement or right-of-way, provided no additional permanent property acquisitions are required. The designation shall also not include the addition, replacement, expansion or maintenance of appurtenant facilities on existing pipelines.
The city has made an application although the easement shown on the drawings is only 30-feet. It is assumed that this may not be wide enough to accommodate the line, so an application was made in anticipation of a wider easement being necessary. Therefore the 1041 permit is required. The line is necessary to the city for a redundant supply insuring public safety in the western parts of the city.
Public notice and referrals were done as apart of the application. In addition, the city held outreach meetings to inform the public of the project. Several individuals located south of Highway 34 did contact the Planning Department after referrals were sent, and one owner of the property to the north was concerned about the line location.
Staff recommends approval of the Morning Drive Water Line 1041 permit, file #11-Z1839, subject to the following conditions;
1. The activity authorized by this permit shall be consistent with the approved plan and with the information contained in the Morning Drive Water Line, file #11-Z1839, 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 Morning Drive Water Line, file #11-Z1839.
2. The city shall obtain an agreement with the Louden Irrigating and Canal Company, prior to construction within its easement.
3. Permits from the county for road access or other right-of-way permits must be obtain prior to construction.
4. If the crossing of Morning Drive and the Louden Ditch result in a need to cut the roadway and cause a road closure, the city shall insure that adequate alternative access is in place prior to any closure.
Chair Donnelly opened the hearing to the applicant and Rebecca Norton addressed the Board, on behalf of the City of Fort Collins, and gave a short presentation on the background of the project.
There being no public present to comment, the Board thanked Ms. Norton for her presentation and for her work with neighboring land owners.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the Morning Drive Water Line; file #11-Z1839, subject to the conditions as outlined above.
Motion carried 3-0.
There being no further business, the Board adjourned at 6:45 p.m.
TUESDAY, MAY 17, 2011
The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Donna Hart and Deni LaRue Commissioners’ Office; Justin Smith, Bill Nelson, and Erik Nilsson, Sheriff’s Department; Martina Wilkinson and Mark Peterson, Engineering Department; Andy Paratore, Facilities and Information Technology; Marc Engemoen, Public Works Department; and Dana Bouchard, Deputy Clerk.
1. PUBLIC COMMENT: Mel Hilgenberg commented on a headline in the paper regarding the continuation of sales tax. He advocates taking the $2 million which is currently budgeted for pre-trial and alternative sentencing and transferring it to the Sheriff’s Department to manage.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 9, 2011:
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of May 9, 2011.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 23, 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 published below:
05172011A001 COMMUNITY SERVICES BLOCK GRANT AGREEMENT (CSBG) 2011-12, CONTRACT L11CSBG27, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS
05172011D001 DEED OF DEDICATION; SHAUN D. COLLINS TO GRANT RIGHT-OF-WAY
MISCELLANEOUS: Public Trustee 2011 first quarter report; Mid-term appointment to Larimer emergency telephone authority; Department of Human Resources payments for March 2011.
LIQUOR LICENSES: The following liquor licenses are recommended for approval and issuance: Be Local Northern Colorado – Special Event – Fort Collins; Glen Haven – Hotel and Restaurant – Glen Haven; Loveland Country Store – 3.2% – Loveland.
Motion carried 3-0.
5. POTENTIAL FLOODING UPDATE: Sheriff Smith, Undersheriff Nelson and Mr. Nilsson updated the Board on the high potential for minor flooding in Larimer County depending on how quickly the snow pack melts.
Discussion ensued regarding possible safety measures the county should take if flooding occurs. The county will be providing sand for citizens to use, but not bags. The location of the sand and information on where sand bags can be purchased will be posted on the website.
6. DISCUSS FEDERAL COMMUNICATIONS COMMISSION’S (FCC) NARROWBANDING DEADLINE LETTER: Sheriff Smith and Mr. Nelson stated that the Sheriff’s Department received a letter from the FCC with a deadline of January 1, 2013, to have all radio communication devices narrowbanded. This transition is occurring to allow for more efficient usage. The Sheriff’s department feels they are ahead of the curve, with only one radio that needs to be replaced. However, other departments do not have the funding to make the transition at this point.
7. PRESENTATION OF 2010 ANNUAL REPORTS FOR PUBLIC WORKS DEPARTMENTS: Mr. Engemoen presented to the Board the 2010 Annual Reports for the Public Works Departments, which coincides with the observance of National Public Works Week, May 15-21, 2011. The six departments of the Public Works Division are: Engineering, Fleet Services, Natural Resources, Road & Bridge, Solid Waste, and The Ranch.
8. LARIMER COUNTY LOW COST ROADWAY SAFETY PROGRAM 2010 ANNUAL REPORT: Mr. Engemoen and Ms. Wilkinson presented the annual report to the Board. This program started in 2009 as an effort to systematically identify, prioritize, mitigate and evaluate the performance of transportation safety investments.
9. COUNTY MANAGER WORKSESSION: Mr. Lancaster requested the Board’s guidance regarding a citizen’s request for county assistance in removing debris caused by the Crystal Fire from his property.
The Board agreed that this falls outside of the services provided by the county; therefore, it is a private responsibility.
10. COMMISSIONER ACTIVITY REPORTS: The Board detailed their attendance at events during the past week.
11. LEGAL MATTERS: There were no legal matters to discuss.
There being no further business, the Board adjourned 10:30 a.m.
TOM DONNELLY, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Dana Bouchard, Deputy County Clerk
Melissa E. Lohry, Deputy County Clerk