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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, November 7, 2011

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioner Gaiter was present. Also present were:  Toby Stauffer, and Brenda Gimeson, Planning Department; Jeff Goodell, Engineering Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, 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 addressed the Board with public comment. 

 

Chair Donnelly noted that item number 1, the Demmel Lake Estates RLUP, File #11-S3055, was being tabled until December 5, 2011. 

 

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

 

2.         CARTER LAKE VALLEY SUBDIVISION BLOCK 1, LOTS 11 AND 12 LOT CONSOLIDATION, FILE #11-S3069:  This is a request to combine two adjacent lots, Lots 11 and 12, Block 1, Carter Lake Valley Subdivision, into one lot.  There are currently no existing structures on the properties.

 

The following agencies have stated that they have no objections to this proposal:

·   The Larimer County Department of Health and Environment 

·   The Larimer County Engineering Department

·   The Larimer County Addressing Section

·   The Larimer County Code Compliance Section

 

The Assessor’s office indicated the new legal description for the resultant lot.

 

The proposed Carter Lake Valley Subdivision, Block 1, Lots 11 and 12 Lot Consolidation will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots and no other services will be affected.  The staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Carter Lake Valley Subdivision, Block 1, Lots 11 and 12 Lot Consolidation File # 11-S3069 subject to the following conditions:

 

1.   All conditions of approval shall be met and the final resolution recorded by May 7, 2012, or this approval shall be null and void.

2.   The resultant lot is subject to any and all covenants, deed restrictions, or other conditions that apply to the original lots.

3.   The reconfiguration of the lots lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.

 

3.     CRYSTAL LAKES 4TH LOTS 62 PARTIAL FISHING EASEMENT VACATION, FILE #11-S3066:  This is a request is a request to vacate the northern 50 feet of a 100-foot fishing access easement on Lot 62, Crystal Lakes 4th Filing. All properties in Crystal Lakes Subdivision can use the easement to access Crystal Lake. Lots in the area are very steep with limited buildable areas. The property is vacant and the owner intends to build a house on the property in the near future. A level buildable site encroaches into the north 50 feet of the fishing easement.

 

The property within the southern 50 feet of the easement is steep to the waters’ edge; however, there is a small footpath, about two feet wide, in the southernmost portion of the easement. The footpath is about 15-20 horizontal feet from the water; the vertical drop to the water is about 7- 10’. To access the water directly, people would leave the easement and walk down to the waters’ edge on Crystal Lakes HOA property. Immediately adjacent to this lot is an open area owned by Crystal Lakes HOA that provides access to the lake and there are two established boat and fishing launches nearby.

 

There are four houses east of this property on Lots 58-61 of Crystal Lakes 4th Filing; each of which is located within the 100-foot fishing easement. The easement on Lots 58 and 59 was reduced from 100’ to 60’, vacating the northern most 40’ on each, in 2005 and 1992 respectively. Additionally, on the opposite side of Crystal Lake, south of the subject property, lots adjacent to Crystal Lake show a 75’ fishing easement and there are no records of easement vacation on those properties.

 

The Department of Health and the Environment indicates that the request does provide flexibility in the house location, however, the main concern of the Department is septic vault location, and it should be setback a minimum of 50’ from the high water line of the lake.

 

The Development Services Team of the Engineering Department has no concerns or issues with this request.

 

Additionally, the applicant provided his request to the Crystal Lakes Road and Recreation Association and that Board granted the request in May 2010.

 

The application meets the criteria for access easement vacation, the proposed request will not leave any property owners without fishing access and the comments from the review agencies have been considered.

 

The Development Services Team recommends approval of Crystal Lakes 4th Filing, Lot 62 Partial Fishing Easement Vacation, File # 11-S3066, a request to vacate the north 50 feet of a 100- foot access easement as shown on Exhibit A, subject to the following condition:

 

1.   The County Commissioners are authorized to sign the Findings and Resolution for this action when it is presented.

 

 

4.         WILLOX EXEMPTION TRACT B AMENDED PLAT/BIVENS BOUNDARY LINE ADJUSTMENT, FILE #11-S3067:  This is a request to amend Tract B of the John Willox Exemption to incorporate an illegally split piece back into the surrounding properties and adjust the boundary line for the adjacent metes and bounds parcel, the Bivens property. The plat will allow existing improvements and areas of use to be located on the appropriate parcels. 

 

No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:

 

·  Department of Health and Environment 

·  Development Review Section of the Engineering Department

·  Addressing Section

 

Comments received from the Land Surveyor of the Larimer County Engineering Department office identify several required corrections to the plat.

 

Comments received from the Code Compliance Section indicate that several building permits are needed for existing structures, see attached comments for detail.

 

The proposed plat amendment to Tract B of the John Willox Exemption and Bivens Boundary Line Adjustment to adjust lot lines to incorporate an illegally split piece and accommodate existing improvements and areas of use, will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots. The staff finds that with the conditions as listed below, the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Amended Plat of the John Willox Exemption and Bivens Boundary Line Adjustment, File # 11-S3067, 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 May 7, 2012, 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 John Willox Exemption.”

4.   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. 

           

5.         SHILO FALLS SUBDIVISION LOT 2 AMENDED PLAT, FILE #11-S3071:  This is a request to amend the building envelope of Lot 2 to accommodate proposed buildings. The size of the building envelope will not be increased, it will be a few square feet smaller than the original building envelope, nothing else on the lot or the plat will change. The building envelope change allows the owner to better use the lot while still considering the constraints of the property and adhering to the purpose of the building envelope as dictated by the Shilo Falls Subdivision approval.

 

At the time this report was written no neighbors or referral agencies had voiced any objections to this proposal.  Should any concerns arise between the printing of this report and the County Commissioner hearing, they will be presented to the Commissioners at the hearing.

           

The proposed amendment to Lot 2, Shilo Falls Subdivision, to amend the building envelope to accommodate proposed buildings, will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Amended Plat of Lot 2, Shilo Falls Subdivision, File # 11-S3071, subject to the following conditions:

 

1.    All conditions of approval shall be met and the final resolution and exhibit recorded by May 7, 2012, 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 lot.

 

M O T I O N

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda, as presented and outlined above.

Motion carried 2-0.

 

There being no further business, the hearing adjourned at 3:05 p.m.

 

 

TUESDAY, NOVEMBER 8, 2011

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Donnelly presided and Commissioner Gaiter was present.  Also present were:  Donna Hart, Deni LaRue, and Diane Tokarz, Commissioners’ Office; Carol Block, Finance Department; John Gamlin, Human Resources Department; Andy Paratore and Michael Kirk, Facilities and Information Technology Department; Deb Marsden, Stacy Baumgart, Rose Watson, Green Practices Committee Members; George Hass, Jeannine Haag, and Linda Connors, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

1.         PUBLIC COMMENT:   Debra Goodson and Cheryl Distaso requested financial assistance from Larimer County for individuals being displaced from the Bender Mobile Home Park. 

 

Eric Sutherland requested that the Board consider withholding payment from Larimer County to the Urban Renewal Authorities, as he considers this an abuse of public funds.   

 

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

 

M O T I O N

 

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

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 14, 2011:   Ms. Hart reviewed the schedule for the upcoming week.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Consent Agenda as outlined below:

 

11082011R001           RESOLUTION DECLARING LARIMER COUNTY PUBLIC IMPROVEMENT DISTRICT NO. 51 CLYDESDALE ESTATES ORGANIZED

 

11082011R002           RESOLUTION DECLARING LARIMER COUNTY PUBLIC IMPROVEMENT DISTRICT NO. 50 CLYDESDALE PARK ORGANIZED

 

11082011R003           FINDINGS AND RESOLUTION APPROVING THE VACATION OF A RIGHT-OF-WAY IN CEDAR COVE SUBDIVISION 

 

 

11082011R004           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOTS 4 AND 5, BLOCK 2, CEDAR SPRINGS 1ST FILING, VACATION OF UTILITY EASEMENTS AND LOT SIZE APPEAL 

 

11082011R005           FINDINGS AND RESOLUTION APPROVING THE HERONS' HILL SUBDIVISION APPEAL

 

11082011R006           RESOLUTION SETTING EMPLOYEE RETIREMENT CONTRIBUTIONS EFFECTIVE JANUARY 1, 2012 

 

11082011R007           RESOLUTION AMENDING AND SUPPLEMENTING THE AUTHORIZATION FOR THE ISSUANCE BY LARIMER COUNTY, COLORADO, OF ITS SALES AND USE TAX REVENUE REFUNDING BONDS, SERIES 2011

 

MISCELLANEOUS:  Annual Performance Evaluation Report of County Manager.

 

LIQUOR LICENSES:  The following licenses were approved and/or issued:   Beaver Inn – Hotel and Restaurant - Red Feather Lakes; Berthoud Discount Liquors – Retail Liquor Store - Berthoud.

 

Motion carried 2-0.

 

5.         AMERICA RECYCLES DAY IN LARIMER COUNTY:  Ms. Marsden requested the Board proclaim November 15, 2011, as America Recycles Day in Larimer County in an effort to promote conservation of natural resources.   Commissioner Gaiter read the proclamation aloud.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners proclaim November 15, 2011, as America Recycles Day in Larimer County.

 

Motion carried 2-0.

 

6.         BOARDS AND COMMISSIONS APPOINTMENTS:     Ms. Tokarz presented the following recommendations for appointments to Boards and Commissions:

 

Agricultural Advisory Board:  John Rankin appointed for a 3-year term beginning December 1, 2011, and expiring November 30, 2014.  David Bee, Lewis Grant, Minerva Lee, Val Manning, and Gail Meisner reappointed for 3-year terms beginning December 1, 2011, and expiring November 30, 2014. 

 

GID#13A Red Feather Lakes:  Jody Lambert appointed to fill an unexpired 4-year term beginning November 8, 2011, and expiring November 30, 2014.

 

PID#20 Ptarmigan:   Chuck Cannon appointed for a 4-year term beginning December 1, 2011, and expiring November 30, 2015. 

 

PID#28 Trotwood Ranches:  Gary O’Quinn appointed to fill an unexpired 4-year term beginning November 8, 2011, and expiring November 30, 2012.

 

PID#35 Bruns:  Patrick Eitenbichler and Larry Marcinkewicz reappointed for a 4-year term beginning December 1, 2011, and expiring November 30, 2015. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the appointments to Boards and Commissions, as presented and outlined above.

 

Motion carried 2-0.

 

7.        COUNTY MANAGER WORKSESSION:   There were no worksession items to discuss.

 

8.         COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the previous week.

 

9.         LEGAL MATTERS:  Mr. Hass requested the Board go into executive session for legal advice.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners go into executive session for confidential legal advice, as outlined in 24-6-402-(4)(b) C.R.S.

 

Motion carried 2-0.

 

The Board came out of executive session and the following action was taken:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners  provide the normal military service reinstatement and to allocate the necessary funding including back pay and benefits for  a returning Iraq veteran.

Motion carried 2-0.

 

There being no further business, the Board recessed at 10:20 a.m.

 

 

LIQUOR LICENSE HEARING

 

The Board of County Commissioners reconvened at 2:00 p.m. with Linda Connors, Assistant County Attorney. Chair Donnelly presided and Commissioner Gaiter was present. Also present were: Nicholas Smith and Kerry Darby, Applicants and Owners of The Rock Inn Ltd.; Denise Ruybal, Clerk and Recorder’s Office; and Melissa Lohry, Deputy Clerk.

 

Ms. Lohry put the applicant, Mr. Smith, under oath and Ms. Connors reviewed the contents of the application, including Exhibit A, a photo of the posting of the premises, and Exhibit B, the petition circulated by the applicants demonstrating the needs and desires of the surrounding neighborhood.

 

Mr. Smith stated that he encountered some difficulty gathering signatures for the petition because many of the surrounding residents are seasonal and had left for the winter.

 

Chair Donnelly noted that the applicants already held a Hotel and Restaurant liquor license; however, they wished to add a small brewing operation within the restaurant, and therefore, required a Brew Pub liquor license. Mr. Smith added that they wished to create a “nano-brewery,” which would brew only enough beer to serve patrons of the restaurant.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the application and grant a Brew Pub liquor license for The Rock Inn, located at 1675 State Highway 66, Estes Park, Colorado; subject to approval of the Estes Park Fire Authority, Larimer County Health Department, and Larimer County Planning Department.

 

Motion carried 2-0.

 

The hearing adjourned at 2:30 p.m.

 

__________________________________________

   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

 SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

 

______________________________________

Melissa E. Lohry, Deputy Clerk

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