Loveland Bike Trail
 
> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 10/28/13  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, October 28, 2013

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioner Donnelly and Gaiter were present. Also present were: Rob Helmick and Brenda Gimeson, Planning Department; Clint Jones, Engineering Department; Doug Ryan, Health Department; Jeannine Haag, County Attorney’s Office; and Dana Polley, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance, and explained that items 1-3 were on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience.

 

1.         LETITIA LAKE SUBDIVISION BLOCK 7, LOTS 17 & 18 LOT CONSOLIDATION FILE #13-S3182:  This is a request for a Lot Consolidation to combine Lots 17 and 18, Block 7 of the Letitia Lake Subdivision into one lot.  If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.

 

All of the lots access Eagle Tree Circle and all are owned by the same person.  There is currently one existing residence on the properties and that residence currently straddles the existing property line.  This existing residence was constructed in 1961 prior to building permit requirements. The proposed Letitia Lake Lot Consolidation for Block 7, Lots 17 and 18 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.

 

Staff recommends approval of the Lot Consolidation for the Letitia Lake Subdivision, Block 7, Lots 17 and 18 File # 13-S3182 subject to the following conditions:

 

1.   All conditions shall be met and the final resolution of the County Commissioners recorded by April 28, 2014, 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.

 

 

2.  VISTA GRANDE PLANNED DEVELOPMENT LOT 18 & 19 AMENDED PLAT, FILE #13-S3181:  The request is to modify the lot lines between two lots in the Vista Grand PD.  The Vista Grand PD was approved in 2005.   This proposal is a request to modify the lot lines between two contiguous lots.  The lot sizes will be modified by .1 acres on each lot.  The smallest lot will not be smaller than any other lot in this application.  Both lots will remain conforming in regard to the lot size.  No new parcels or lots are being created with this amendment, only a lot size adjustment.

 

The proposed amended plat to modify the lot lines between Lots 18 and 19 of the Vista Grand PD will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots.  Staff finds that with the conditions as listed below, the request meets the requirements of the Larimer County Land Use Code.

 

Staff recommends approval of the Amended Plat of Lots 18 and 19, Vista Grand PD, File #13-S3181, 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 April 28, 2014, 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 all County staff and the County Land Surveyor of the Larimer County Engineering Department.

 

3.   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.  CRYSTAL LAKES FILING LOTS 97 AMENDED PLAT/EASEMENT VACATION, FILE #13-S3180:  This is a request to amend the Plat of Lot 97 Crystal Lakes 1st filing and vacation of a portion of the adjacent ROW of Tiny Bob Road to place the well for the lot on the lot and to correct a setback encroachment of a garage and vacating a 7-foot utility easement on the west property line.

 

The applicant acquired the property in 2002, is in the process of selling this property, and discovered after contract that the well is 4 feet into the adjacent ROW for Tiny Bob Road and the garage does not meet the required 25-foot setback to the road.  This amended plat and ROW vacation resolve these issues with the property.  There is also a vacation of a 7-foot utility easement on the west property line to address and encroachment.  An additional setback issue is not being addressed at this time.  The issues, which can be easily addressed through this amended plat and vacation, are being applied for now.   

The request meets the requirements of the Larimer County Land Use Code and seeks to rectify an existing property ownership.  No individual or agency has noted any concern with the application.  The requested vacation of 7 feet of ROW place the well on the lot and allow the garage to meet setbacks and the vacation of the 7 foot utility easement resolves the encroachment of the home in that easement. 

 

Staff recommends Approval of the Crystal Lakes 1st Filing lot 97 Amended Plat and ROW and easement vacation file #13-S3180, subject to the following condition(s) 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 April 28, 2014 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 Brian Helminiak, 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 outlined above.

 

Motion carried 3-0.

 

4.  PICO DAIRY APPEAL, FILE #13-S3173:  This is a request for an appeal to permit the applicant to process a three lot MLD rather than a Conservation Development.

 

The applicant has submitted this appeal to pursue a request to divide the parcel on which their dairy exists into 3 lots, two with homes and one with a dairy operation, through the Minor Land Division Process (MLD).  The applicant has previously a Farmstead application approved to allow reconstruction of a second home on the property. At that time development, Services worked with the applicant on a Minor Land Division to divide the Home from the Dairy and Farmstead.  The applicant however did not pursue finalizing the approval of the Minor Land Division apparently due to issues with financial planning.  Keeping the farmstead with the working agricultural operation was within the intent of the original Farmstead approval.  The purpose of the prior Minor Land Division was the need for financing of the main home.  The applicant now notes that financial/estate planning suggests the two homes be separate, they have indicated the dairy use parcel would restricted and not be for building purposes.

 

Although the applicant makes a case to have the appeal here considered, the evaluation of the appeal reveals; that the principal basis is one of financial facilitation not hardship or need.  To approve the requested appeal would be contrary to the intent and purposes of the Code.  It would violate the general principles associated with the grants and approvals associated with accessory dwellings or uses on properties, to have them then be divided off through a simpler process due simply to their existence. 

 

Staff recommends denial of the Pico Dairy Land Division Process Appeal file #13-G0254.

 

Mr. Helmick briefly presented this item to the Board.

 

Some discussion followed regarding the MLD process versus the Subdivision process.

 

Rob Persichette from Intermill Land Surveying addressed the Board as a representative for the applicants, John and Cheryl Van Hattem. He explained that the goal of the applicants is to separate the residential operations from the agricultural operations.

 

Some discussion ensued and Mr. Helmick suggested two conditions be made if the Board were to give a favorable motion to the applicants:

 

1.   The applicants have 60 days to submit a formal MLD application.

 

2.   There will be no building allowed on the remaining 35 acre lot.

 

The Board agreed with the applicants request for an appeal to process a three lot MLD rather than a Conservation Development.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Pico Dairy Land Division Process Appeal file #13-G0254 with the conditions recommended by planning staff.

 

Motion carried 3-0.

 

There being no further business, the Hearing adjourned at 3:25 p.m.

 

 

TUESDAY, OCTOBER 29, 2013

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager.  Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Donna Hart, Deni LaRue, and Linda Hoffman, Commissioners’ Office; Gary Buffington, Dan Reeves, Shannon Barnes, Tim D’Amato, and Kerri Rollins, Natural Resources Department; Kevin Johnston, Sheriff’s Department; Kathryn Rowe, Purchasing Department; Charlie Johnson, Engineering Department; Peggy Campbell, and Bill Almond, Visit Estes Park Marketing Organization; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.    APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 21, 2013:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of October 21, 2013, as presented.

 

Motion carried 3-0.

 

2.    REVIEW OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 4, 2013:   Ms. Hart reviewed the upcoming schedule with the Board.

 

3.    CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as outlined below:

 

10292013A001           CHANGE ORDER TO CONTRACT FOR ADDITIONAL AERIAL MULCHING 2013 HIGH PARK FIRE SOIL STABILIZATION PROJECT

 

10292103A002           TEMPORARY CONSTRUCTION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CITY OF FORT COLLINS

 

10292013D001           ACCESS AND MAINTENANCE EASEMENT DEED AND AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CITY OF FORT COLLINS

 

10292013R001           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY DEPUTY DISTRICT ATTORNEY 1, EFFECTIVE NOVEMBER 1, 2013  

 

MISCELLANEOUS :  U.S. Department of Justice Residential Substance Abuse Treatment (RSAT) 2013 RSAT Application for Larimer County Aftercare Program.

 

LIQUOR LICENSES: The following licenses were approved and/or issued: Branding Iron Liquor – Retail Liquor Store – LaPorte; Fort Namaqua Liquors – Retail Liquor Store – Loveland; Sol’s Long Branch Saloon – Tavern – LaPorte; Best Western Crossroads Inn & Conference Center – Transfer of Ownership – Loveland.

 

Motion carried 3-0.

 

4.         COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) UPDATE:           Commissioner Donnelly stated that this item will be brought back at future meeting, as the folks at CDOT are consumed with flood recovery efforts.  .

 

5.         SECURE CAMPING AND FACILITY RESERVATION SERVICES FOR THE NEXT FIVE YEARS:  Mr. Buffington, Mr. Reeves, and Ms. Barnes requested the Board’s approval on a contract extension for camping reservations with their current provider, Active Network, for an additional five years.  Mr. Buffington explained that the vendor is nationwide, has provided excellent customer service, have proven to be a reliable partner, and the extension would insure continuity and consistency for visitors using the reservation system. 

 

Some discussion ensued, during which Commissioner Gaiter asked about the sole-sourcing versus going out to bid for a new vendor when considering a five-year extension.  Ms. Reeves stated that the extension, up to five years, was written into the original contract.  Ms. Rowe stated that this is typical in many purchasing contracts she administers. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the contract extension for camping reservations with the current service provider, Active Network Incorporated, for five additional years.

 

Motion carried 3-0.

 

10292013A003           PROFESSIONAL SERVICES CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THROUGH THE DEPARTMENT OF NATURAL RESOURCES, AND ACTIVE NETWORK, INC

 

6.         INVITATION LETTER TO TRUST FOR PUBLIC LAND:   Ms. Rollins and Mr. Buffington requested that the Board approve an invitation to the Trust for Public Land for technical assistance for land conservation and recreation finance, at no extra cost to the county.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the recommendation of the Open Lands Advisory Board to invite the assistance of the Trust for Public Land for technical assistance for land conservation and recreation finance options.

 

Motion carried 3-0.

 

7.         RESOLUTION TO EXTEND THE TERMINATION DATE OF THE LARIMER COUNTY WEED AND PEST CONTROL DISTRICT:  Mr. D’Amato and Mr. Buffington displayed a PowerPoint presentation for the Board depicting the strategies and successes of the county weed district program, and requested approval on a resolution extending the termination date of the weed district. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the resolution to extend the termination date of the Pest Control District. 

 

Motion carried 3-0.

 

10292013R002           RESOLUTION TO EXTEND THE TERMINATION DATE OF THE LARIMER COUNTY PEST CONTROL DISTICT

 

8.         ESTES PARK LOCAL MARKETING DISTRICT 2014 OPERATING PLAN:  Ms. Campbell and Mr. Almond reviewed the proposed 2014 Estes Park Local Marketing Plan, noting that there will be some changes made due to the recent flood.  They also explained that they will be soliciting grants and requested the Board’s approval on letters of support for said grants.  The Board agreed to this request.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Estes Park Local Marketing District 2014 Operating Plan.

 

Motion carried 3-0.

 

9.         WORKSESSION:  Mr. Gluckman provided updates on the proposed bill for Tax Increment Financing; on the Health and Humans Services retreat; and on debris monitoring and removal for the flood.

 

Ms. Hoffmann introduced Robin Finnegan and Jared George with CDR Maguire, noting they have been hired to assist with flood recovery efforts and interactions with FEMA.  Ms. Hoffmann then requested Board approval to provide emergency services (such as back-up generators) to needy communities; which the Board agreed to.  Ms. Hoffmann noted that November 24, 2013, is the deadline for folks to apply for relief; however, many individuals still cannot get to their homes, so she will be filing an application with FEMA to extend that deadline.  Finally, Ms. Hoffmann noted that they are still accepting applications for the Emergency Recovery Manager position.

 

10.       COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the past week.

 

11.   LEGAL MATTERS: There were no legal matters for discussion.

 

The meeting adjourned at 11:00 a.m.

 

                                        

 

 

 

 

                                      ______________________________________   

 STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

__________________________________

Dana S. Polley, Deputy Clerk

 

__________________________________

Gael M. Cookman, Deputy Clerk

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.