> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 11/25/13  

 MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, November 25, 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 Gaiter was present. Also present were: Doug Ryan, Health and Environment Department; Clint Jones, Engineering Department; Bill Ressue, County Attorney’s Office; and Dana Polley, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance.

 

Mr. Lafferty explained that there was no one at the hearing in opposition to item #2, Moreng Lot Size Appeal, File #13-G0255, and suggested the Board move this item onto the consent agenda.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners move item #2, Moreng Lot Size Appeal, File #13-G0255, to the consent agenda.

 

Motion carried 2-0.

 

Chair Johnson explained that the two items on the consent agenda would not be discussed unless requested by the Board, staff, or members of the audience.

 

James Hawkes, from the public, addressed the Board with a question regarding a trail that will be put in as part of the Arnett Minor Land Division.

 

Mr. Lafferty briefly explained the project for the Arnett Minor Land Division, File #13-S3184. He stated that the City of Fort Collins is working on this project to purchase a portion of the land from the Arnett family once is has been divided. The purpose of this hearing is only to approve the land division; therefore the construction of a trail on the property is not a condition of approval of this item.

 

Matt Fader with the City of Fort Collins briefly explained the City’s intention to purchase the land and place a trail on the property. He stated that he would be happy to answer any questions regarding the project at a later date.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as outlined below.

 

Motion carried 2-0.

 

1.         ARNETT MINOR LAND DIVISION, FILE #13-S3184:   This is a request for a Minor Land Division to create 6 lots, consisting of 3 single family lots with existing residences, 1 lot for the West Vine Outfall Stormwater Project, 1 lot with existing storage buildings (no new residence) and 1 lot for farming (with a conservation easement).

 

This Minor Land Division application (MLD) is part of the West Vine Outfall Project, which has received approval of a Location & Extent Review and Appeal to the 1041 process.  The MLD will create a parcel for the stormwater improvements and change the configuration of three existing single family lots.  The City of Fort Collins intends to acquire the 12.84 acre lot for stormwater improvements.   In addition, a 21.72 acre non-buildable lot, currently used for agriculture, will be created.  This lot will be subject to a conservation easement.  Finally, another 3.42 acre lot, with existing storage buildings, will be created.  This lot will not be eligible for a residential building permit at this time and will be limited to “non-residential support buildings only.”  If the owner of this lot wants to build a residence on this lot in the future they will need to obtain approval through an appropriate development review process. 

 

Staff finds the following:

 

a.   The lots are not part of an approved or recorded subdivision plat.

 

b.   The lots are not part of an Exemption or Minor Residential Development.

 

c.   The newly created parcels will meet the applicable minimum lot size for the FA-Farming zoning district.

 

d.   The newly created parcels will meet access standards as required by the Engineering Department. 

 

e.   Approval of the MLD will not result in any additional residences, on an increase in impacts from the existing farming use.  The stormwater improvements will provide a public benefit.

 

Therefore, staff recommends approval of the Arnett Minor Land Division, file #13-S3184 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:

 

a.   All conditions of approval shall be met and the Final Plat recorded by May 25, 2014 or this approval shall be null and void.

 

b.   Prior to the recordation of the Final Plat the applicant shall address the comments from by Brian Helminiak, Land Surveyor of the Larimer County Engineering Department.

 

2.         MORENG LOT SIZE APPEAL, FILE #13-G0255:   This is a request to appeal section 4.1.5.B.1.a. minimum lot size of 10 acres in the O-Open zoning district. Applicant would like to sub-divide an existing 17.5 acre property into two lots. 

 

The subject request is for an appeal to allow a lot area of less than 10 acres for a property situated in the O (Open) zone district, which zoning district has a minimum lot area requirement of 10 acres. The property for the requested appeal is a 17.5 acre parcel situated at the southwest corner of County Roads 60 and 15.  The irregular shaped property primarily fronts onto County Road 60, but also has frontage on County Road 15.  Bisecting the site is an existing irrigation ditch that connects to the Mountain Supply Reservoir No. 9.  A residence and outbuildings exist on the western reaches of the property.

 

Properties in the vicinity of the subject site vary from 1 acre to over 35 acres.  Numerous lots immediately adjacent to this property are less than 10 acres. The applicants are requesting a lot size appeal from the required minimum lot size of 10 acres in the O-Open zoning district to have the option of dividing the property into two lots.  One of the lots would have an existing residence; the second lot would be used to build another home.  If the lot size appeal is granted, the property owner’s intent is to apply for a subdivision, which would be reviewed for consistency with code standards and would go through the public hearing process.

 

Staff finds that the proposed lot size appeal has the potential to meet the review criteria found in Section 22.2.4 (Review criteria for appeals to deviate from minimum lot size requirements) of the Land Use Code.

 

The physical features of the lot would allow adequate area for a 2nd lot.   The proposed lot size appeal has the potential to be consistent with the purpose and intent of the Land Use Code, while providing a reasonable amount of flexibility to the lot owner.

 

Therefore, staff recommends approval of the Moreng Lot Size Appeal, File #13-G0255, subject to the following condition:

 

a.   The applicants must submit a Subdivision application within one year of this lot size appeal or this approval shall be null and void.

 

There being no further business, the hearing adjourned at 3:20 p.m.

 

TUESDAY, NOVEMBER 26, 2013

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager.  Chair Johnson presided and Commissioner Donnelly was present. Also present were: Linda Hoffmann, Donna Hart, Michelle Bird, and Deni LaRue, Commissioners’ Office; Justin Whitesell, and Kevin Johnston, Sheriff’s Department; and Gael Cookman, Deputy Clerk.

 

1.    PUBLIC COMMENT: Chair Johnson opened the meeting up to public comment giving citizens the opportunity to address the Board of Commissioners with events and issues pertaining to Larimer County.

 

Chair Johnson led the meeting in the Pledge of Allegiance.

 

2.    APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 18, 2013

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of November 18, 2013, as presented.

 

Motion carried 2-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEKS OF DECEMBER 2, 2013, AND DECEMBER 9, 2013:   Ms. Hart reviewed the upcoming schedules with the Board.

 

4.    CONSENT AGENDA: 

 

M O T I O N

 

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

 

11262013A001           CONTRACT NO. 13-4M4-2427 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION ROCKY MOUNTAIN REGION LOVELAND AREA PROJECTS FOR INSTALLATION AND USE OF COMMUNICATION FACILITIES 

 

11262013A002           THIRD ADDENDUM TO DEVELOPMENT AGREEMENT FOR CENTENNIAL FARM CONSERVATION DEVELOPMENT FILE NO. 03-S2207

 

11262013A003           AGREEMENT CONCERNING ROAD IMPROVEMENTS ON LARIMER COUNTY ROAD 11C BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HORSESHOE LAKE CORPORATION

 

11262013A004           HUMANE SOCIETY AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LARIMER HUMANE SOCIETY

 

11262013A005           AMENDMENT #11 TO HEALTH RISK MANAGEMENT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HEALTHSTAT, INC

 

11262013R001           FINDINGS AND ORDER GRANT REQUEST FOR RETAIL LIQUOR STORE LICENSE FOR WINDJAMMER LIQUORS, LLC

 

11262013R002           CONVEYANCE OF PERMANENT DRAINAGE EASEMENT EXHIBIT A TO AGREEMENT CONCERNING ROAD IMPROVEMENTS ON LARIMER COUNTY ROAD 11C

 

11262013R003           RESOLUTION MERGING THE LARIMER INTEGRATED FAMILY ENHANCEMENT BOARD WITH THE LARIMER COUNTY INTERAGENCY OVERSIGHT GROUP

           

MISCELLANEOUS:   Public Trustee 3rd Quarter Report 2013; Statement of Grant Award – Larimer Residential Aftercare Program.

 

LIQUOR LICENSES: The following licenses were approved and/or issued:  Golf Club at Fox Acres – Hotel & Restaurant with Optional Premises – Red Feather Lakes; Hometown Liquors – Retail Liquor Store – Berthoud.

 

Motion carried 2-0.

 

5.         25TH ANNUAL CATCH THE GLOW PARADE DAY PROCLAMATION:   Commissioner Donnelly explained that this event takes place the day after Thanksgiving each year in Estes Park.  He stated that there are lots of fun activities for families to take part in, and he encouraged folks to support it, especially this year considering the hardship Estes Park has endured with the devastation from the floods.   Commissioner Donnelly then read the proclamation aloud.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of Commissioners proclaim November 29, 2013, as the 25th Annual Catch the Glow Parade Day in Estes Park.

 

Motion carried 2-0

 

6.         THIRD READING OF THE OPEN BURNING ORDINANCE:  Deputy Whitesell indicated that amendments to the Open Burn Ordinance had been made and requested approval on the document.

 

Chair Johnson open the meeting up to public comment; no one was present to speak on this item.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of Commissioners approve the Open Burning Ordinance.

 

Motion carried 2-0

 

11192013O001           LARIMER COUNTY OPEN BURNING ORDINANCE

 

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

 

Agricultural Advisory Board: Brad Rhoda and Conrad “Ted” Swanson appointed for a 3-year term beginning December 01, 2013, and expiring November 30, 2016. Jon Slutsky and George Wallace reappointed for a 3-year term beginning December 01, 2013, and expiring November 30, 2016.

Community Corrections Advisory Board: Paul Cooper and Kurt Ester appointed for a 2-year term beginning November 26, 2013, and expiring June 30, 2015.

Fair Board: Gilbert Barela and Scott Golden reappointed for a 3-year term beginning December 01, 2013, and expiring November 30, 2016. Gary Sampson and Leslie Snow appointed for a 3-year term beginning December 01, 2013, and expiring November 30, 2016.

Land Stewardship Advisory Board: Mike Mason appointed for a 3-year term beginning November 26, 2013, and expiring June 30, 2016.

Red Feather Lakes Planning Advisory Committee: Lon Hughes reappointed for a 3-year term beginning January 01, 2014, and expiring December 31, 2016. Fred Sandal appointed for a 3-year term beginning January 01, 2014, and expiring December 31, 2016.

Larimer County Interagency Oversight Group: Michelle Brinegar, Jim Drendel, Lynette Dunn, Alex Murphy, Carolyn Pannell, John Rattle and Darcie Votipka appointed for a 2-year term beginning November 26, 2013, and expiring June 30, 2015. Jim Byrne, Cyndi Dodds, Dale Lake, Josi McCauley, David Murphy, Randy Ratliff and Joe Thome appointed for a 1-year term beginning November 26, 2013, and expiring June 30, 2014. Margaret Crespo, Kay Dechairo, Christopher Gastelle, John Jostad, Greg Ketchum, Tim O’Neill and Averil Strand appointed for a 3-year term beginning November 26, 2013, and expiring June 30, 2016.

GID #14 Little Valley: Sandra Burns appointed for a 4-year term beginning December 01, 2013, and expiring November 30, 2017.

GID #18 Venner Ranch: Kenneth Lindeman and Sid Scott reappointed for a 4-year term beginning December 01, 2013, and expiring November 30, 2017.

GID #2 Pinewood Springs: Larry Davis and Susan Painter reappointed for a 4-year term beginning December 01, 2013, and expiring November 30, 2017.

PID #19 Highland Hills: Ryan Yoch appointed for a 4-year term beginning December 01, 2013, and expiring November 30, 2017.

PID #20 Ptarmigan: Mark Earley reappointed for a 4-year term beginning December 01, 2013, and expiring November 30, 2017.

PID #30 Poudre Overlook: Jeff Ballweber reappointed for a 4-year term beginning December 01, 2013, and expiring November 30, 2017.

PID #32 Charles Heights: Michael Morton reappointed for a 4-year term beginning December 01, 2013, and expiring November 30, 2017.

PID #35 Bruns: Rainey Corbyn reappointed for a 4-year term beginning December 01, 2013, and expiring November 30, 2017.

PID #37 Terry Cove: Pui Shing Ho and Robert Barcell appointed for a 4-year term beginning December 01, 2013, and expiring November 30, 2017.

PID #50 Clydesdale Park: Jason Haner appointed for a 4-year term beginning at December 01, 2013, and expiring November 30, 2017.

PID #51 Clydesdale Estates: Josiah Trujillo appointed for a 4-year term beginning December 01, 2013, and expiring November 30, 2017.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of Commissioners approve the recommendations to Boards and Commissions, as outlined above.

 

Motion carried 2-0.

 

8.         WORKSESSION:  Mr. Gluckman asked if the Board wished to grant county employees a half-day off for Christmas Eve and New Years Eve.  Discussion ensued, and CONSENSUS OF THE BOARD was to close county offices for half-day on Christmas Eve and New Years Eve.

 

9.         COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities during the previous week.

 

10.   LEGAL MATTERS: There were no legal matters to discuss.

 

The meeting adjourned at 9:30 a.m.

 

 

 

WEDNESDAY, NOVEMBER 27, 2013

 

 

SPECIAL MEETING TO APPROVE DOCUMENT

 

The Board of County Commissioners met at 3:08 p.m. via telephone conference.  Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Donna Hart, and Michelle Bird, Commissioners’ Office, and Gael Cookman, Deputy Clerk.

 

Chair Johnson explained that a document was inadvertently left off of the consent agenda at the Tuesday Administrative Matters meeting, and the Board convened today to approve said document.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the V.A.L.E. Grant document for Community Corrections.

 

Motion carried 3-0.

 

The meeting adjourned at 3:09 p.m.

 

 

 

                                      ______________________________________   

 STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

__________________________________

Dana S. Polley, Deputy Clerk

 

__________________________________

Gael M. Cookman, Deputy Clerk