> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 05/20/13  

 MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, May 20, 2013

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Pro Tem Donnelly presided, and Commissioner Gaiter was present. Also present were:  Samantha Mott, Brenda Gimeson, and Rob Helmick, Planning Department; Eric Tracy, Engineering Department;  Doug Ryan, Environmental Health Department; Bill Ressue, County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Pro Tem Donnelly opened the hearing with the Pledge of Allegiance, and explained that items 1-4 were on consent and would not be discussed unless requested to do so by the Board, staff, or members of the audience.  Mr. Lafferty then explained that with regards to item number 1, the easement cannot be vacated due to the location of the sewer line installed in that area; he requested that all references to the easement vacation be removed from the conditions of approval, and he further noted that the applicant was in agreement with this recommendation.

 

1.         GLACIER VIEW MEADOWS FILING LOTS 38 & 47 LOT CONSOLIDATION/EASEMENT VACATION, FILE #12-S3129:  This is a request  to combine two adjacent lots, Lots 38 and 47, Glacier View Meadows 4th Filing into one lot and vacate a 20’ utility and guy easement along the common lot line.  Both of the lots access Green Mountain Drive and all are owned by the same person.  There is currently one existing residence 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 Assessor’s Office

·   The Larimer County Addressing Coordinator

·   The Larimer County Code Compliance Section

 

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

 

                                                    

The proposed Glacier View Meadows 4th Filing Lot Consolidation for Lots 38 and 47 and utility easement vacation 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 Lot Consolidation for the Glacier View Meadows 4th Filing Lots 38 and 47 and 20’ utility and guy easement vacation along the common lot line (File # 12-S3129) subject to the following conditions subject to the following conditions:

 

1.   All conditions shall be met and the final resolution of the County Commissioners recorded by November 20, 2013, 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 vacation of the utility easement and the reconfiguration of the lots lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.

 

2.         BRAUCH SUBDIVISION LOT 4 AMENDED PLAT, FILE #13-S3162:  This is a request to amend the plat by allowing the construction of an accessory shop/storage building outside the platted building envelope.  The building envelopes in the Brauch Subdivision were platted to address two concerns: the impact on visibility from lots to the east in Braidwood (Cimarron Lakes), and potential erosion issues with slopes on some lots.  This proposal would allow the accessory building outside the envelope at the bottom of the slope and will screen the lot from a neighbor and not impact views to the west from the developed lots to the east.  There are no specific limitations on buildings in the platted envelope and it is possible to place the accessory structure in the envelope.  This would however block more views and be a much more visible development to surrounding properties. 

 

No agency comments note any issues.  Referrals were provided to the Engineering Department and the Health Department.  No neighbor comments have been received as of the time of this report.  Notice was provided to all neighbors within 500 feet of the site. 

 

This amended plat to allow the accessory building out of the building envelope allows the owner to provide additional garage space on the lot.  This change does not affect the intent of the original platting or the purpose of the original building envelopes. 

 

The Development Services Team recommends Approval of Brauch Subdivision Lot 4 Amended Plat file #13-S3162, subject to the following condition :

 

1.   The accessory structure shall be located as shown in the application materials and be located in compliance with the setbacks for the FA-Farming zoning District. 

 

3.         LEHMAN-TIMBERLINE MINOR LAND DIVISION, FILE #13-S3154:  This Minor Land division has been proposed as a part of the Mail Creek PD/PLD development.  The 45 acres includes 5 acres to the west of the Mail Creek Ditch and fronts on Timberline Road.  The original farmhouse and other improvements are located on this area.  The applicant proposes to separate this from the undeveloped farm ground to the east.  The improvements will continue to be on a separate and legal lot after the approval.   

 

Once the MLD is approved the Mail Creek PD/PLD can continue as a separate parcel in the development review process.

 

No agency or individual has identified any critical issues with the proposed Minor Land Division.  The County Engineering Department has noted the need to reflect dedication of ROW for Ziegler Road and adjacent easements on this plat.  The Minor Land Division does not approve or authorize any new or additional uses of any lot in the development, which would occur upon application review and approval by the appropriate governmental entity. 

 

The Development Services Team has reviewed this Minor Land Division and finds that:

 

·  The proposed divisions are not a part of any prior approval of a land division or exemption,

·  The lot sizes meet the required minimum lot areas, and;

·  There are benefits to the surrounding areas and the public because of this division. 

 

The Development Services Team recommends Approval of the Lehman-Timberline Minor Land Division File # 13-S3154 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 November 20, 2013, or this approval shall be null and void.

2.   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.

3.   Right of Way for Timberline Road and adjacent easements must be noted on and dedicated on the plat. 

 

 

4.         XCEL NATURAL GAS LINE – TIMBERLINE & POUDRE RIVER FLOOD PLAIN SPECIAL REVIEW:   XCEL Energy/Public Service Company of Colorado is requesting approval of a Floodplain Special Review to allow the installation of an underground natural gas transmission line to cross the floodway and floodfringe overlay zones of the Poudre River. The Land Use Code requires a recommendation from the Flood Review Board with a final approval from the Board of County Commissioners through a Floodplain Special Review.

 

The Flood Review Board met on April 25, 2013, and reviewed the report prepared by SEH, Inc dated April 10, 2013, and found the analysis to be acceptable. A motion was approved for a favorable recommendation to the Board of County Commissioners for approval of the Floodplain Special Review.

 

The Larimer County Engineering Department recommends approval of the XCEL Energy Natural Gasline - Poudre at Timberline Floodplain Special Review.

 

M O T I O N

 

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

 

Motion carried 2-0.

 

5.         3317 E MULBERRY STREET APPEAL, FILE #13-G0247:  This is an appeal to Section 8.1.5.c.4 of the Larimer County Land Use Code; Section 9.1.1.a, c. & d of the Larimer County Urban Area Street Standards; and recommendations from the jointly adopted I-25/SH 14 Interchange Study and US 287/SH 14 Access Management Report to allow access from Greenfields Court.

 

The subject property is a 0.41 acre vacant lot zoned C-Commercial.  It is located at the southeast corner of the Mulberry Frontage Road and Greenfields Court on Lot 1 of the Sunrise Acres Subdivision, Ninth Filing, in the Fort Collins Growth Management Area.

 

The property lies within the East Mulberry Corridor Plan Area and is within the area covered by the adopted I-25/ SH 14 Interchange Study and US 287/SH 14 Access Management Report. 

 

The East Mulberry Corridor Plan, the I-25/SH 14 Interchange Area Study, and the US 287/SH 14 Access Management Report all identify the need to relocate the SH 14 frontage road to increase the distance between SH14 and vehicular turning movements for an access or intersection.  The access control plan calls for a portion of the realigned frontage road for SH 14 to be located just to the south of the subject lot on Greenfields Court and that all access for properties along Greenfields Court be taken from the realigned frontage road.

 

The applicant would like to develop the property with a convenience store and gas station.  Prior to development, the applicant proposes to enlarge the lot by doing an Amended Plat to reconfigure the lot lines with the adjacent lot to the east and south.  As part of the proposed site development, the applicant is agreeing to construct a part of the realigned frontage road.  In addition to an access off of the new frontage road, the applicant is requesting a second access directly off of Greenfields Court between the realigned frontage road and SH 14.  This requires an appeal to the Larimer County Land Use Code, the Larimer County Urban Area Street Standards, and the requirements of the I-25/SH 14 Interchange Study and US 287/SH 14 Access Management Report.

 

Section 8.1.5.c.4 of the Larimer County Land Use Code states “the existence of safe and adequate access does not preclude the imposition of additional requirements as a condition of development approval when such requirements are deemed necessary to mitigate the impacts of the development on county and state roads and highways.”

 

Sections 9.1.1.a.c. & d of the Larimer County Urban Area Street Standards refer to designing placement of accesses.  There are restrictions to direct access to individual lots from collectors and arterials, separation distances are specified, and a requirement for conformance with Access Control Plans.

 

The I-25/SH 14 Interchange Study and the US 287/SH 14 Access Management Report identify requirements for safe and adequate access for the area that encompasses this property. 

 

The County and CDOT have been consistent with other property owners in the area concerning the implementation of the Access Control Plan.  Other developments that have been proposed at this intersection have not been allowed to have accesses in close proximity to SH 14. 

 

The Development Services Team (Planning and Engineering Departments) do not support the request for an access off of Greenfields Court.  This second proposed access does not meet the requirements off the Land Use Code, the Urban Area Street Standards, the East Mulberry Corridor Plan, and the SH 14 Access Control Plan.  Granting approval of this request could result in traffic along Greenfields Court backing up beyond the proposed access point and blocking access resulting in operational and safety issues. 

 

Staff received comments from the Larimer County Engineering Department, the City of Fort Collins and Colorado Department of Transportation (CDOT).  These comments are attached to the report.  Staff, the City and CDOT are all in agreement that the appeal should be denied.

 

The Development Services Team (DST) Staff finds the request does not meet the review criteria of Section 22.2.3 as outlined in the Land Use Code.

 

1.   Approval of the appeal would subvert the purpose of the standard or requirement.

 

2.   Approval of the appeal will be detrimental to public safety, and may be detrimental to property values in the neighborhood.

 

3.   Approval of the appeal is not the minimum action necessary.

 

4.   Approval of the appeal may result in increased costs to the general public.

 

5.   Approval of the appeals is not consistent with the intent and purpose of the Code.

 

The Development Services Team recommends denial of the 3317 E. Mulberry Street Appeal, File #13-G0247.

Ms. Mott reviewed a PowerPoint presentation with the Board, which outlined the issues as described above.  

 

The applicants, Tammy and Randy Fritch, explained that they feel the county is denying them access to their own property.  They stated that sharing the entrance would create an unsafe condition and that if folks are routed down a street that “goes nowhere” they will not use it.  They stated that once the frontage road is re-routed and the existing one is shut down, then they would agree to the entrance that staff is proposing.

 

Alicia Rheimer, developer of the property, explained that until the frontage road is redesigned and operational, they needed a interim way to survive and be successful as a retailer and developer.

 

Chair Pro Tem Donnelly opened the hearing up for public comment, and no one addressed the Board.

 

Some discussion ensued and the Board agreed with staff’s recommendation.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners deny the 3317 E. Mulberry Street Appeal, File #13-G0247.

 

Motion carried 2-0.

 

There being no further business, the hearing adjourned at 3:30 p.m.

 

 

TUESDAY, MAY 21, 2013 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Assistant County Manager Neil Gluckman.  Chair Pro Tem Donnelly presided, and Commissioner Gaiter was present. Also present were: Donna Hart, Michelle Bird, and Deni LaRue, Commissioners’ Office, Gary Buffington, Meegan Flenniken, Tim D’Amato, Jeffrey Boring, and Kerri Rollins, Natural Resources Department; Undersheriff Bill Nelson, and Justin Whitesell, Sheriff’s Department; Marc Engemoen, Public Works Division; Mark Peterson, and Charlie Johnson, Engineering Department; Tom Duchen, River Oaks Communication; and Gael Cookman, Deputy Clerk.

 

Chair Pro Tem Donnelly opened the meeting with the pledge of allegiance.

 

1.         PUBLIC COMMENT:  Vic Day reiterated his concerns with the Boxelder Stormwater Authority, and urged the Board to provide ample and timely notification to property owners, especially when considering proceeding with eminent domain.  

Stacy Lynn provided additional comments regarding her child protection case, and stated that the manner in which her son was taken from her was cruel and inhumane.  Ms. Lynn vowed that she would defend herself and her son to the fullest extent of the law. 

 

Eric Sutherland commented on the methods used to calculate Tax Increment Financing in Urban Renewal Authorities.  He passed out a memo which indicated how previous Larimer County Assessor Larry Johnson calculated the TIF, and stated that it was incorrect.  Thankfully our current Assessor is not using the same formula; however, Mr. Sutherland stated that Larimer County is not in compliance with state law.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 13, 2013:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of May 13, 2013.

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 27, 2013 : Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the following items on the consent agenda, as listed below:

 

05212013A001           CUSTODIAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND D & N CLEANING & JANITORIAL, INC.

 

05212013R001           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF GLEN HAVEN SUBDIVISION LOT 1, BLOCK 2; LOTS 48, 49, AND 50, BLOCK 3; AND BOUNDARY LINE ADJUSTMENT

 

05212013R002           RESOLUTION REVISING THE AMOUNT OF POUDRE SCHOOL DISTRICT FEES IN LIEU OF DEDICATION

 

05212013R003           FINDINGS AND RESOLUTION APPROVING THE GRAHAM APPEAL

 

05212013R004           RESOLUTION ESTABLISHING COMPENSATION FOR THE LARIMER COUNTY CLERK AND RECORDER

 

MISCELLANEOUS : Public Trustee 1st Quarter Report 2013.

 

LIQUOR LICENSES:  The following license was approved and/or issued:  Turning Point for Youth & Family Development – Special Event 3.2% - Masonville.

 

Motion carried 2-0.

 

5.         RECOGNITION OF TIM D’AMATO’S AWARD FOR OUTSTANDING WEED MANAGER BY THE WESTERN SOCIETY OF WEED SCIENCE:  Mr. Buffington and Ms. Flenniken recognized Mr. D’Amato for being awarded the “Outstanding Weed Manager” award at a recent national conference of the Western Society of Weed Science.  The Board commended Mr. D’Amato and his staff for their progressive efforts in weed management.

 

6.         NATURAL RESOURCES DEPARTMENT’S “STATE OF THE RESOURCES” REPORT:  Mr. Boring presented a report which highlighted some of the Natural Resources project accomplishments that might otherwise go un-noticed.  The Board thanked Mr. Boring for this information and his presentation.

 

7.         FUNDING FOR WILDLAND FIRE INITIAL ATTACK MODULE YEAR-ROUND:  Undersheriff Nelson and Mr. Whitesell requested funding for a year-round wild land fire initial attack resource, which would consist of three limited-term and six seasonal personnel at the cost of $401,000.  Discussion ensued and Chair Pro Tem Donnelly requested that Undersheriff Nelson meet with the county manager and the budge manager to prioritize all the Sheriff Department needs in the coming months.

 

8.         INTERGOVERNMENTAL AGREEMENT RELATED TO THE BOXELDER STORMWATER AUTHORITY:  Mr. Engemoen and Mr. Peterson recommended that the Board write a letter opposing the solution that the Boxelder Stormwater Authority is proposing as it has the potential to cause up to two feet of stormwater flowing over County Road 52 in a 100-year storm.  The proposal is very much at odds with the original purpose to reduce, rather than increase the negative effects of flooding in the Boxelder drainage basin.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners authorize the Chair Pro Tem to sign the letters of opposition, as presented.

 

Motion carried 2-0.

           

9.         RESOLUTIONS FOR TRANSFER OF OWNERSHIP OF CABLE CONTRACTS: Ms. LaRue and Mr. Duchen requested approval to transfer ownership of cable contracts due to the acquisition of Baja Broadband, LLC, to TDS Baja. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the resolution for the geographic area near Estes Park and thereby consents to the transfer between Baja Broadband, LLC and TDS Baja Broadband, LLC, in accordance with the terms of applicable law, subject to the conditions listed in said resolution. 

 

Motion carried 2-0.

 

05212013R005           RESOLUTION BY LARIMER COUNTY APPROVING A TRANSFER FROM BAJA BROADBAND LLC TO TDS BAJA BROADBAND LLC

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the resolution for the geographic area near Fort Collins and thereby consents to the transfer between Baja Broadband, LLC and TDS Baja Broadband, LLC, in accordance with the terms of applicable law, subject to the conditions listed in said resolution. 

 

Motion carried 2-0.

 

05212013R006           RESOLUTION BY LARIMER COUNTY APPROVING A TRANSFER FROM BAJA BROADBAND LLC TO TDS BAJA BROADBAND LLC

 

10.       APPOINTMENTS TO BOARDS AND COMMISSIONS:  Ms. Bird presented the following recommended appointments to Boards and Commissions, and requested approval on the same:

 

Board of Adjustment:  Carol Dowding and Jeffrey Schneider reappointed for a 3-year term beginning July 1, 2013, and expiring June 30, 2016.

 

Board of Appeals:  Kara Lamb, and William Van Horn reappointed for a 3-year term beginning July 1, 2013, and expiring June 30, 2016.

 

Board of Health:  Jana West Kowalski appointed for a 5-year term beginning July 1, 2013, and expiring June 30, 2018.

 

Community Corrections Advisory Board:   Richard Barnhart, Philp Bolduc, Jade Bozmans, Kathryn Curran, Michael Esters, Christopher Gastelle, Roger Gunlikson, Timothy Hand, Luke Hecker, M. Janet Laughon, Albert Mauk, Kristine Miller, Tanya Perry, Clifford Riedel, and Laura Walker, reappointed for a 2-year term beginning July 1, 2013, and expiring June 30, 2015. 

 

Estes Valley Planning Commission:   Nancy Hills, reappointed for a 4-year term beginning July 1, 2013, and expiring June 30, 2017.

 

Extension Advisory Committee:  Mike Adams, Harry Love appointed for a 3-year term beginning July 1, 2013, and expiring June 30, 2016.  Valerie Clark, Dixie Jane Dick, and Ronda Koski reappointed for a 3-year term beginning July 1, 2013, and expiring June 30, 2016.

 

Flood Review Board: John Hunt, and Christopher Thornton, reappointed for a 3-year term beginning July 1, 2013, and expiring June 30, 2016.

 

Land Stewardship Advisory Board:   Charles Miller and Carmen Weston reappointed for a 3-year term beginning July 1, 2013, and expiring June 30, 2016.

 

LaPorte Area Planning Advisory Committee:   John Schmid, and Alison Schonhoff  reappointed for a 3-year term beginning July 1, 2013.  Ed Stoner, reappointed for a 3-year term beginning July 1, 2013, and expiring June 30, 2016.

 

Office on Aging Advisory Council:   Elaine Boni, Diane Morgas, Rhonda Racicot, and Briauna Souders appointed for a 3-year term beginning July 1, 2013, and expiring June 30, 2016.  Jay Adams, Sharon Courtney, Helen Davis, Bonie Glass, Howard Hay, and Mary Shultz, reappointed for a 3-year term beginning July 1, 2013, and expiring June 30, 2016. 

 

Open Lands Advisory Board:  Mary Banken, Suzan Fritchel, Hugh McKean, Carl Sorrentino, and Nancy Wallace reappointed for a 3-year term beginning July 1, 2013, and expiring June 30, 2016. 

 

Parks Advisory Board:  John Gaffney, Chris Klass, and Stephanie Sigler appointed for a 3-year term beginning July 1, 2013, and expiring June 30, 2016.  Mark DeGregorio and Russell Fruits reappointed for a 3-year term beginning July 1, 2013, and expiring June 30, 2016. 

 

Planning Commission:  Gary Gerrard, Jeff Jensen, and Nancy Wallace reappointed for a 3-year term beginning July 1, 2013, and expiring June 30, 2106. 

 

Rural Land Use Board:  Kristin Grazier reappointed, and Ryan Hostetler appointed, for a 3-year term beginning July 1, 2013, and expiring June 30, 2016.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners accept the recommendations for Boards and Commissions, as outlined above.

 

Motion carried 2-0.

 

11.       WORKSESSION:   There were no worksession items to discuss. 

 

12.       COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities at events during the past week.

 

13.       LEGAL MATTERS:   Mr. Buffington requested that the Board go into executive session to discuss contract negations.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners go into executive session for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators.

 

Motion carried 2-0.

 

The executive session ended with no action taken, and the meeting adjourned at 11:10 a.m.

 

 

 

 

 

__________________________________________

   TOM DONNELLY, CHAIR PRO TEM

BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk