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 MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, September 10, 2012

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Rob Helmick, and Brenda Gimeson, Planning Department; Eric Fried, Building and Code Compliance Department; Bill Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance.

 

Chair Gaiter then 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.         BISON BLUFF SUBDIVISION LOT 3 AMNEDED PLAT, FILE #12-S3125:  This is a request to amend the approval of the Bison Bluff Acres Subdivision to remove the requirement for residential fire sprinklers on Lot 3.

 

The applicant/owners in this case wish to have the Board of County Commissioners remove the requirement for residential fire sprinklers from the approval on Lot of the Bison Bluff Acres Subdivision.  When this three-lot subdivision was approved, the two new lots were required to have residential fire sprinklers.  Although at the time of Preliminary Plat there were options discussed for either hydrants or sprinklers it appears that at that time the hydrants were not available and did not have the required pressure.

 

The applicant has now worked with the Fire Authority and the Water District and has provided information to the Team that supports changing for Lot the requirement to sprinkle.  The water pressure and distance from house to hydrant meet the requirements of the Fire Authority.

 

The Development Services Team finds that the application meets the requirements of the review criteria of an Amended Plat. 

·   There are no new lots created, and no easements or ROW are affect of cross the lot in question. 

·   There is a building permit pending on the lot but there are no structures on the lot at this time. 

·   The requested change is consistent with the fire protection standards of the Code. 

 

The Development Services Team recommends Approval of the Bison Bluff Lot 3 Amended Plat File # 12-S3125, subject to the following condition:

 

1.   The requirement for residential fire sprinklers is only removed only from Lot 3 of the Bison Bluff Acres Subdivision. 

 

2.         LETITIA LAKES LOTS 5 & 6 BLOCK 2 AMENDED PLAT, FILE #12-S3123:   This is a request to amend the plat of Letitia Lake Subdivision to consolidate two lots and a portion of the Quaintance property into one lot.

 

This property is located northwest of Dowdy Lake in Red Feather Lakes, at the southwest corner of Nofing Way and Walela Lane.   Two of the properties are in located in the Letitia Lake Subdivision recorded in 1928 and the other lots were previously part of the Quaintance holdings.   All of the lots were purchased at various times by the applicants and are adjacent to the surrounding roadways.  This amendment will allow the four parcels to be one larger parcel under one ownership and allow more flexibility for the applicants.

The following agencies have provided comments or verbally indicated they have no comments to the proposal:

·   The Larimer County Addressing Coordinator

·   The Larimer County Department of Health and Environment 

·   The Larimer County Engineering Department

·   The Larimer County Code Compliance Section

 

All the affected utility companies have agreed to the request regarding the easement vacation.

The proposed plat amendment to Letitia Lake Subdivision, combining two lots with a portion of the Quaintance Estate property will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots.  Staff finds the request meets the requirements of the Larimer County land Use Code with conditions as listed below.

The Development Services Team recommends approval of the Amended Plat Block 2, Lots 5 and 6, Letitia Lake Subdivision, File # 12-S3123, 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.   All conditions of approval shall be met and the Final Plat recorded by March 10, 2013, or this approval shall be null and void.

 

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

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

 

M O T I O N

 

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

 

Motion carried 3-0.

 

3.         McCHESNEY CODE COMPLIANCE, FILE #12-CC0077:  This one quarter acre parcel is located in the Colland Center subdivision just south of the city limits of Fort Collins, about 900 feet east of US Hwy. 287 and 800 feet south of Carpenter Rd. (County Rd. 32).  The property is zoned FA-Farming. Surrounding uses are predominantly single family residential, with commercial, business and institutional uses along nearby arterial streets, as well as Long View Farms Open Space on the west side of Hwy. 287. Parcel sizes in the surrounding residential subdivisions range from about 1/5 to 1/2 acres, with commercial parcels up to about 3 acres. See attached Maps.

 

This is an alleged violation of outdoor storage of junk and debris is not permitted in the FA- Farming zoning district. Only vehicles not considered junk vehicles that are owned by the occupant or owner of a single-family dwelling may be stored outside on the same lot as the dwelling.

 

In February, 2012, Code Compliance staff received a complaint from a neighbor regarding “Accumulation and removal of rubbish, which has been a problem for years and is getting worse. Several neighbors have tried to talk to the property owners but with no results.” Code Compliance (CC) Officer Fried made a site visit that day and observed wooden pallets, construction materials such as a hydraulic lift, metal storage racks, large tool boxes, wood studs, an unlicensed trailer, a car covered by a tarp under a tree, a trailer loaded with brush, and other items.  A letter was sent in March, 2012 to Mrs. McChesney asking her to clean up the property. Jeff McChesney called CC Officer Fried in April, 2012, agreeing that the items in question belonged to him, not to his mother. After Mr. Fried explained Land Use Code rules in regards to outdoor storage, Mr. McChesney agreed to clean up the items in the driveway and get the trailer currently licensed within 30 days.

 

On May 11, 2012, CC Officer Fried returned to the site and verified that the pallets and trailer-load of brush had been removed, but nothing else. CC Officer Fried talked to Mrs. McChesney, and explained that all unlicensed vehicles, construction equipment and scrap materials needed to moved inside or removed from the property. After several more visits and contacts, little progress had been made, so a Public Meeting was scheduled.

 

Staff findings are as follows:

 

·  The property is zoned FA-Farming.

·  Outdoor storage of junk and debris and unlicensed/inoperable vehicles is not permitted in the FA-Farming zoning district.

·  There are two unlicensed or inoperable vehicles, as well as construction equipment, construction materials and miscellaneous junk and debris on site.

 

Staff recommends that the Board of County Commissioners set a deadline for the property owner to bring the property into compliance with County regulations and authorize legal action if the deadline set by the Commissioners is not met.

 

Mr. Fried reviewed the alleged violation, as outlined above. 

 

Jeff McChesney, addressed the Board noting that he has obtained the title to at least one of the vehicles, yet he is still unclear as to what exactly constitutes the “junk yard” since he uses everything that is being stored in his driveway for his business.   Some discussion ensued.

 

Chair Gaiter opened up the hearing for public comment and the following individuals addressed the Board:  Mike Woolley, Dave Haughay, Tony Gorkowski, and John Hurst.  Mr. Woolley stated that he was concerned about declining property values, but also pointed out that there were many other properties in the neighborhood that are at least as bad as this one.  Mr. Haughay, Mr. Gorkowski, and Mr. Hurst all urged the Board to find that a violation exits and require clean-up of the property.

 

Chair Gaiter closed public comment, and some discussion ensued.  

 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners set a deadline of sixty (60) days to bring the property into compliance with the Larimer County Land Use Code, and authorize legal action if the deadline is not met.

 

Motion carried 3-0.

 

The hearing adjourned at 3:35 p.m.

 

TUESDAY, SEPTEMBER 11, 2012

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager.  Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Neil Gluckman, and Donna Hart, Commissioners’ Office; Gary Buffington, and Meegen Flenniken, Department of Natural Resources; Pete Milonas and Melissa Yoder, State Land Board
Megan Kram and William Burnidge, The Nature Conservancy; Daylan Figgs, City of Fort Collins; Ft Collins; David Ayraud, and Bill Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.  He then requested all in attendance observe a moment of silence in honor of Patriot Day, and remembrance of 9/11.

 

1.   PUBLIC COMMENT:  Mel Hilgenberg updated the Board on his appeal for continued Medicaid benefits, and again voiced his displeasure at his responses from the County thus far. 

 

Eric Sutherland voiced his thoughts and opinions regarding easements on land that is leased by Larimer County, and regarding the tax rates within the city and county.

 

2.   APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 3, 2012:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of September 3, 2012.

 

Motion carried 3-0.

 

3.   REVIEW OF THE SCHEDULE:   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, with the exception of document number 09112012P001, pertaining to Colorado Open Records Act (CORA), which is being pulled for discussion.

 

091102012A001         OFFENDER MANAGEMENT SOFTWARE (E*TRAC) COMMUNITY CORRECTIONS DIVISION IMPLEMENTATION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND Z.M. LICZBANSKI dba M+PARTNERS SOFTWARE

 

091102012A002         OFFENDER MANAGEMENT SOFTWARE (E*TRAC) COMMUNITY CORRECTIONS DIVISION MAINTENANCE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND Z.M. LICZBANSKI dba M+PARTNERS SOFTWARE

 

091102012A003         DEPARTMENT OF PUBLIC WORKS CONTRACT AGREEMENT FOR PROJECT NO. 8067, REHABILITATION OF BRIDGE NO. 29-0.0-22H BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FLATIRON CONSTRUCTORS, INC.

 

09112012RA004        INTERGOVERNMENTAL AGREEMENT FOR VINE DRIVE AND SHIELDS STREET INTERSECTION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS

 

09112012D001           DEED OF DEDICATION; DON KEHN CONSTRUCTION, INC.

 

09112012R001           RESOLUTION SETTING WORKENDER/MIDWEEK FEE FOR INMATES

 

09112012R002           FINDINGS AND RESOLUTION APPROVING THE DISNER/SYBRANDTS EXTENDED FAMILY DWELLING TIME EXTENSION

 

09112012R003           RESOLUTION REGARDING EXTENSTION OF APPROVAL FOR PICO DAIRY MINOR LAND DIVISION

 

LIQUOR LICENSES:  The following liquor licenses were approved and/or issued:  The Restaurant – Beer & Wine – Red Feather Lakes; Schrader Country Store 440 – 3.2% - Fort Collins; Charco Broiler – Hotel & Restaurant – Fort Collins; Golf Club at Fox Acres – Hotel & Restaurant – Red Feather Lakes;  Be Local Northern Colorado – Special Event 6% - Wellington.

 

Motion carried 3-0.

 

Mr. Ayraud explained that the CORA policy is being submitted for the Board’s approval in an effort to provide a standardized process for all departments to utilize in the event of a CORA request.  He noted that departments only have three days to respond to the CORA requests, and the standardized form includes all of the information that a department needs in order to process the request.  Some discussion ensued.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve Policy 09112012P001; Administrative Policy and Procedure 700.2A Responses to Colorado Open Records Requests (CORA).

 

Motion carried 3-0.

 

09112012P001  ADMINISTRATIVE POLICY AND PROCEDURE 700.2A RESPONSES TO COLORADO OPEN RECORDS REQUESTS (CORA).

 

5.   UPDATE ON ENERGY BY DESIGN:  Ms. Kram displayed an in-depth PowerPoint presentation regarding the “Mountains to Plains Energy by Design,” which is a partnership between the State Land Board, the Nature Conservancy, the City of Fort Collins, and Larimer County.  Ms. Kram explained the goal of this project is to allow the state, and other mineral owners in the area, the ability to develop their mineral rights, while protecting the significant surface resource values on-site.  The Board thanked all for their presentation and hard work, and asked to be kept informed regarding the progress and any public input on the project.

 

6.  COUNTY MANAGER WORKSESSION:  Ms. Hoffmann updated the Board on several items that she is involved in and currently working on.

 

7.   COMMISSIONER ACTIVITY REPORTS:   The Board reviewed their attendance at events during the previous week.

 

8.   LEGAL MATTERS: 

 

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 24-6-204(4)(b) C.R.S.

 

Motion carried 3-0.

 

The executive session ended, and the meeting adjourned at 11:35 a.m., with no further action taken.

 

 

 

 

__________________________________________

   LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

 

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