MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principle Planner. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Rob Helmick, and Michael Whitley, Planning Department; Clint Jones, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.
Chair Gaiter opened the hearing with the Pledge of Allegiance; he then noted that the following items were on consent and would not be discussed unless requested to do so by the Board, staff, or members of the audience:
1. THAYER APPEAL, FILE #12-G0243: This is a request for an appeal to Section 4.3.2.I of the Larimer County Land Use Code which prohibits the use of manufactured homes as storage building
The applicants own a 5-acre parcel located at 2110 Sherlyn Court, Berthoud which is approximately 2,000 feet south of the intersection of County Road 4 and Sherlyn Court. The property is zoned FA-1 – Farming. The property owners seek approval to use a manufactured home that is already on their property for personal storage.
Until recently, the property owners lived in the manufactured home. In 2009, they applied to construct a new home on the property. Because each lot is only allowed to contain one principal single-family home, a condition placed on the building permit for the new home required that the manufactured home be removed before a final certificate of occupancy for the new primary residence is issued or within three months after the temporary certificate of occupancy has been issued. As an alternative to removing the manufactured home, the applicants have proposed to convert it into a storage building.
Section 4.3.2.I of the Land Use Code partially reads, “…Only those buildings that are designed, constructed and approved by the Larimer County Building Department as storage buildings or garages may be used for this purpose. Manufactured homes, including pre-1974 mobile homes, cannot be used as storage buildings or garages.” This application is an appeal to this Section of the Land Use Code.
Notices of the appeal were sent to property owners within 500 feet of the subject property. No adjoining property owners have contacted Planning Staff with concerns or questions regarding this request.
The Development Services Team concludes that if the applicants comply with the condition of approval, granting the appeal will not subvert the purposes of the Code or be detrimental to the public health, safety or property values in the neighborhood. In addition, approval of the appeal is the minimum action necessary will not result in any costs to the general public and will be consistent with the intent and purpose of the Code.
The Development Services Team recommends approval of the Thayer Appeal, File #12-G0243, subject to the following condition:
1. A letter of completion shall be issued for a change of occupancy permit for the manufactured home prior to the issuance of a certificate of occupancy for the new primary residence on the property.
2. PKR MINOR LAND DIVISION, FILE #12-S3128: This is a request for a Minor Land Division to divide a 36+ acre parcel into two lots of 3.2 and 33-acres restricting development of the 33-acre lot.
The applicant proposes a Minor Land Division to create a 3+ acre lot around an existing residence on the 36+ acre parcel and to leave the balance as an unbuildable lot. The unbuildable restriction could be removed when a Planned Land Division application might be approved on the balance of the property. The parcel/lot in this application was a part of the 2nd Amended Tamlin Minor Land Division, approved in 2005. This approval corrected parcel and survey errors and legal parcel questions from an approval in 1995. This particular parcel, although a part of the Minor Land Division, did not change in essential size and configuration. The applicants are requesting that the Board of County Commissioners approve the application for the Minor Land Division to allow what normally would be allowed if the parcel had not been a part of the correction of problems in 2005.
This site is within the area of the Fort Collins GMA. A standard condition of approval for a Minor Land Division in any GMA is to require an agreement to annex for municipality. On balance, the request complies with the criteria for approval and no agency or referral has identified an issue with the proposal.
The Development Services Team finds that this request meets the approval criteria for a Minor Land Division:
· Although the parcel is a part of a previously approved land division by Larimer County, the applicants a requesting the Board of County Commissioners approve the division because the prior division was only to correct errors and did not divide this parcel,
· The lots created will meet the minimum lot area,
· Access to the lots will remains as it exists; and,
· The impacts of this are the same as existing conditions.
The Development Services Team recommends approval of the PKR FARM Minor Land Division File # 12-S3128, 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 April 8, 2013, or this approval shall be null and void.
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 Community Park Fee (in lieu of dedication) and drainage fee. The fee amount that is current at the time of building permit application shall apply.
3. Prior to the recordation of the Final Plat, the application shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.
4. The applicants shall execute an annexation agreement permitting Fort Collins to request annexation at the appropriate time based on the agreement with respect to GMA.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as outlined above.
Motion carried 3-0.
The hearing adjourned at 3:05 p.m.
TUESDAY, OCTOBER 9, 2012
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: Deni LaRue, and Donna Hart, Commissioners’ Office; Marc Engemoen, and Drew Davis Public Works Division; Mark Peterson, Engineering Department; Kim Nohava, Fleet Services; Gary Buffington, and Meegan Flenniken, Department of Natural Resources; Sheriff Justin Smith, and Executive Officer Nicholas Christensen, Sheriff’s Department; and Gael Cookman, Deputy Clerk.
Chair Gaiter opened the meeting with the Pledge of Allegiance.
1. PUBLIC COMMENT: Ken Ecton asked the Board to consider a change in procedures regarding public hearings in order to give equal time to both the applicant and the citizens present to voice their opinions on any given application.
Rosemary VanGorder expressed concerns regarding the limited funding for core services the Department of Human Services, especially given the fact that this service in place in order to reunite families.
Sheriff Smith discussed his budget for the upcoming year with the Board.
2. APPROVAL OF THE MINUTES FOR THE WEEKS OF SEPTEMBER 25, 2012, AND OCTOBER 1, 2012:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the weeks of September 25, 2012, and October 1, 2012.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 15, 2012: Ms. Hart reviewed the upcoming schedule with the Board.
4. CONSENT AGENDA:
M O T I ON
Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as listed below:
10092012A001 AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE HERRERA SUBDIVISION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE MARIO HERRERA AND JANICE D. HERRERA REVOCABLE TRUST
10092012R001 FINDINGS AND RESOLUTION APPROVING THE SAWMILL JUNCTION SPECIAL REVIEW FEE APPEAL
10092012R002 FINDINGS AND RESOLUTION APPROVING THE MAKSIMOV PUBLIC SITE PLAN
10092012R003 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 54 & 55A OF CRYSTAL LAKES SUBDIVISION 13TH FILING AND UTILITY EASEMENT VACATION
10092012R004 FINDINGS AND REOLUTION APPROVING THE VACATION OF A 20’ UTILITY EASEMENT IN CAMPBELL EXEMPTION, TRACT 3
10092012R005 FINDINGS AND RESOLUTION APPROVING THE GLENDEVEY EXPANSION OF A NON-CONFORMING USE
LIQUOR LICENSES: The following liquor licenses were approved and/or issued: Northern Colorado Potters Guild – Special Event 6% - Fort Collins; Plaza Inn – New Manager Registration – Fort Collins.
Motion carried 3-0.
5. PRESENTATION OF BLUE GRAMA AWARD: Mr. Buffington explained that the Colorado Open Space Alliance recently recognized Larimer County with a Blue Grama Award for the highly successful restoration project at the Devil’s Backbone Open Space. Ms. Flenniken stated that the area previously contained over 80% of non-native plant cover, but after four years of prescribed burns followed by herbicide applications, the site now contains less than 10% cheatgrass, rye and other weeds. The Board congratulated the Department of Natural Resources for receiving this award.
6. ADOPT LARIMER COUNTY POLICY 100.13D – FLEET OPERATIONS: Mr. Engemoen presented the policy on Fleet Operations, noting that it creates an updated, best practices fleet policy that will be more cost effective and provide greater efficiency in the delivery of fleet services. He formally recognized Mr. Davis and Mr. Nohava for their involvement in this project; however, there were many more involved that came together to help make these changes a reality. Mr. Davis then also reviewed some of the benefits for adopting the policy. The Board thanked everyone involved for their hard work in establishing this new “cutting-edge” policy.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the Larimer County Policy 100.13D Fleet Operations Policy, effective January 1, 2013.
Motion carried 3-0.
7. 1st READING OF PROPOSED AMENDMENTS TO THE LARIMER COUNTY STORMWATER QUALITY ORDINANCE: Mr. Peterson presented the proposed amendments to the Larimer County Stormwater Quality Ordinance, noting that the changes involved are required by the Colorado Department of Public Health in order for Larimer County to maintain the discharge permit. Some discussion ensued.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the 1st Reading of the Proposed Amendments to the Larimer County Stormwater Quality Ordinance.
Motion carried 3-0.
8. COUNTY MANAGER WORKSESSION: Ms. Hoffmann noted that she has met with every department and service provider within the county at lease once, some more than once, and will be providing a budget presentation for the Board shortly.
9. COMMISSIONER ACTIVTY REPORTS: The Board shared their activities at events during the past week.
10. LEGAL MATTERS: There were no legal matters to discuss.
The meeting adjourned at 10:30 a.m., with no further action taken.
LEW GAITER III, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk