MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, JANUARY 13, 2014
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner. Chair Donnelly presided with Commissioners Johnson and Gaiter were present. Also present were: Doug Ryan, Health and Environment Department; Brenda Gimeson, Planning Department; Clint Jones, Engineering Department; Jeaninne Haag, County Attorney’s Office; and Denise Ruybal, Deputy Clerk.
Chair Donnelly opened the hearing with the Pledge of Allegiance, and explained that there is one item on the consent agenda and it would not be discussed unless requested by the Board, staff or other members of the audience.
1. JOHNSTON APPEAL, FILE #13-PSP0050 - Applicant is requesting approval of an appeal to allow detached Accessory Living Area to be 1200 sq. ft. rather than the 800 sq. ft. allowed by the Land Use Code. The Accessory Living Area regulations allow the accessory unit to be up to 800 square feet or 40% of the main house square footage exclusive of basements and garages, not to exceed 800 sq. ft. The existing residence on the property is currently 2500 square feet with other outbuildings identified as a shop building, storage building and small barn. The applicants have indicated that the dwelling will be occupied by their aging parents with some health issues. The Public Site Plan review portion of this application was processed administratively and approved by the Community Development Director on December 30, 2013. This application is for the size appeal only. The Development Services Team finds that the proposed appeal, allowing additional square footage to an Accessory Living Area will:
1. Not subvert the purpose of the standard or requirement.
2. Not be detrimental to the public health, safety or property values in the neighborhood.
3. Not result in increased costs to the general public.
4. Be consistent with the intent and purpose of the Code.
The Development Services Team recommends Approval of the Johnston Appeal File #13-PSP0050.
M O T I O N
Commissioner Johnson moved that the Board of Commissioners approved the consent agenda as outlined above.
Motion carried 3-0.
There being no further business, the Board recessed at 3:05 p.m.
PUBLIC HEARING ON KETCHER FARM PLD
The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioners Johnson and Gaiter were present. Also present were: Rob Helmick, Planning Department; Clint Jones, Engineering Department; Doug Ryan, Health and Environment Department; Jeannine Haag, County Attorney; and Denise Ruybal, Deputy Clerk.
Chair Donnelly opened the hearing with the Pledge of Allegiance.
1. KETCHER FARM PLD: Mr. Helmick explained that this was the only item on the Larimer County Planning Commission agenda for their December 18, 2013 hearing. There were no issues with the Development Services Team and or the applicant regarding the recommendations and conditions suggested for approval. This project as a Fossil Creek Reservoir Planning Area and TDU project has had and will have extensive review by the city of Fort Collins staff as a part of this process. The Development Service Team did recommend the removal of what was recommended as condition # 8 regarding an avigation easement and the Larimer County Planning Commission did remove the condition in their action. The Larimer County Planning Commission had an extensive packet of material to review which is a part of this packet as well. There were several neighbors present at the hearing whose concerns included traffic increases and traffic flows near and around Ziegler Road and Zephyr and at Trilby due to the current traffic congestion due to the one way access to Kinard Middle School. The Larimer County Planning Commission was satisfied with the engineering and applicant response to the concerns noting the through connections for Trilby and Zephyr to Timberline should alleviate some of the congestion. Cut through traffic was also a concern. The other major discussion was the existence of an easement and ROW in Fossil Lake Ranch, now in the City of Fort Collins, which predated the plat but was not removed. The Development Services Team has been in contact with the City of Fort Collins staff and committed to work with the affected owners to rectify the issue. A part of the issue was the final design and traffic flow on Ziegler north from Rock Creek to Trilby. At the conclusion of the discussion the Larimer County Planning Commission was satisfied with the responses and forwarded a recommendation of approval. The Larimer County Planning Commission and The Development Services Team recommends Board of County Commissioners Approve the Kechter Farm PLD file # 13-S3183, subject to the following condition(s):
1. The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Kechter Farm PLD file # 13-S3183, except as modified by the conditions of approval or agreement of the County and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Kechter Farm PLD.
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 Regional or Community Park Fees (in lieu of dedication) and drainage fees. The fee amount that is current at the time of building permit application shall apply.
3. Fire Requirements – fire hydrants shall be installed their location and design shall be consistent with the recommendations of the Poudre Fire Authority.
4. All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site-specific soils investigation. The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table.
5. Mechanical or development wide methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed and approved on a development wide basis.
6. Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.
7. Each Phase of the development must provide an updated Traffic Study at Final Plat, the conclusion of the study shall be implemented as a part of the Final Plat approval process.
8. The control of prairie dogs on the site shall follow the recommendations the Larimer County Department of Health and the Environment.
9. A notice statement with respect to disclosing the presence of the Fort Collins/Loveland Airport and its operations shall be made part of the final plat and a document shall be provided to purchasers as part of all closing documents for the whole subdivision.
Carolyn White, legal counsel for the applicant spoke regarding the avigation easement. She indicated that was hope that the airport would expand in the future and agreed that a disclosure of some type is needed but that an easement allows the airport to impose conditions that may be against FAA regulations.
The applicant, Linda Ripley of Ripley Design, addressed the Board of County Commissioners regarding the concerns of the neighborhood. She addressed the changes that had be made including an internal street connection that had been eliminated as well as the elimination of 2 cul-de-sacs.
Chair Donnelly opened up the meeting for public comment:
Ms. Ripley addressed the Board regarding the concerns of the neighborhood stating that no development is allowed on Lot 2 as it is open space. Their environmentalist is aware of the eagle site and there will be no construction during the eagle’s nesting time. The influence zone was verified and disclosure will be made. The Trilby Road connection will assist with the Zephyr congestion which should alleviate the concern of additional traffic. There are 2 acres for future commercial development. These 2 acres have been annexed into the City of Fort Collins. The Ketcher Family Farm is not part of the plan and is not zoned for commercial development. The trail system through the Westchase Subdivision will assist with access to the park.
Discussion ensued between the Commissioners addressing the concerns of the neighborhood. There was clarification made in regards to the additional traffic and congestion. The addition of bikes lanes to the interior streets will assist with addressing all modes of transportation. The additional number of vehicles is still within the current classification of the streets and will not change the classification meaning the streets are capable of handling the additional traffic. The proposed trail system will connect with trail systems from adjacent subdivisions making access to the parks and subdivisions accessible to pedestrians. The avigation disclosure covers the entire subdivision. Commissioner Gaiter discussed condition #1 and preferred the word verbal be deleted from the condition. It was the consensus of the Board to leave the verbiage as submitted. Any verbal representations or commitments would need to take place within a hearing or meeting and be of visual, audio or written record.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the Ketcher Farm PLD file #13-S3183 subject to the conditions as amended and outlined above with the addition of condition No. 9 .
Motion carried 3-0.
The hearing adjourned at 8:10 p.m.
TUESDAY, JANUARY 14, 2014
The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Donnelly presided and Commissioners Johnson and Gaiter were present. Also present were Donna Hart, and Deni LaRue, Commissioners’ Office, Gary Buffington, Natural Resources Department; Michael Whitley and Terry Gilbert, Planning Department; and Denise Ruybal, Deputy Clerk.
Chair Donnelly 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; However, no one was present to address the Board.
Chair Donnelly led the meeting in the Pledge of Allegiance.
1. APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 6, 2014:
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of January 6, 2014, as presented.
Motion carried 3-0.
2. REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 20, 2014: Ms. Hart reviewed the upcoming schedule with the Board.
3. CONSENT AGENDA:
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as outlined below:
01142014A001 WARRANTY MEMORANDUM FOR WILSON CONSERVATION DEVELOPMENT 10-S3010 BY AND BETWEEN LARIMER COUNTY AND BONNIE JEAN WILSON
01142014A002 THIRD AMENDMENT TO AGREEMENT BY AND BETWEEN TRISTAR RISK MANAGEMENT AND LARIMER COUNTY
01142014A003 DECLARATION OF COVENANTS AND RESTRICTIONS BY A. W. KETCHER, LLC AND KENJO LEGACY LLC
01142014A004 PRESCRIPTION PLAN SERVICE AGREEMENT BY AND BETWEEN LARIMER COUNTY AND KROGER PRESCRIPTION PLANS, INC.
01142014R001 RESOLUTION CANCELLING 2011 TAXES DETERMINED TO BE UNCOLLECTIBLE
01142014R002 FINDINGS AND RESOLUTION APPROVING THE MORENG LOT SIZE APPEAL
01142014R003 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR THE AMENDED PLAT OF LOT 2 GRAVES MINOR LAND DIVISION
01142014R004 FINDINGS AND RESOLUTION APPROVING THE VACATION OF AN EASEMENT IN MEADOWLARK RIDGE CONSERVATION DEVELOPMENT LOT 3
01142014R005 FINDINGS AND RESOLUTION APPROVING THE ARNETT MINOR LAND DEVELOPMENT
01142014R006 FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 3 AND 4 IN THE RUSTIC #2 SUBDIVISION
01142014R007 FINDINGS AND RESOLUTION APPROVING THE EDDY ACCESSORY LIVING AREA APPEAL
01142014R008 RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE REGARDING DISASTER RE-BUILDING PROGRAM
MISCELLANEOUS: Monitoring and permit deviation report for Larimer County Landfill; Department of Human Services payments for October 2013; Department of Human Services payments for November 2013; Recommended appointment of John Bykerk to GID #2 Pinewood Springs; Recommended appointment of Bruce Koole PID #44 Horseshoe View Estates South; Ketcher Farm Minor Land Division Plat; Human Resources Policy and Procedure 331.5J Wages and Salaries.
LIQUOR LICENSES: Green Projects, Inc. – Special Event 6% - Fort Collins; Western Ridge Restaurant and Resort - Retail Warehouse Storage Permit – Livermore.
Motion carried 3-0.
4. CACHE LA POUDRE RIVER NATIONAL HERITAGE ALLIANCE – Mr. Buffington provided as quick overview of the Cache La Poudre River National Heritage Alliance and introduced the new Executive Director, Kathleen Benedict. In 1996, Congress passed the Poudre National Water Heritage Act which formally established a 45 mile stretch of the Poudre River which commemorates the significant contribution that the Cache La Poudre River has made to the development of water law in the western United States, the evolution of it’s highly complex water delivery systems and it’s cultural heritage. Funding has been appropriated by Congress through the National Park Service for distribution by the Alliance through a grant process. The grants must support at least one of four major historical themes; settlement and early water use, water law, water development, or examples of conflict and cooperation.
5. REQUEST CASH MATCHING FUNDS FOR THE ESTES PARK DISASTER GRANT APPLICATION – Jon Nicholas, Interim CEO of the Estes Park Economic Development Corporation presented the request for Larimer County to contribute a $10,000.00 cash match for a grant application submitted to fund an economic resiliency and job diversification strategy for the region that was impacted by severe flooding. This initiative will help identify opportunities to promote recovery of small business and develop diversification and resiliency in the wake of natural disasters.
M O T I O N
Chair Donnelly moved that the Board of County Commissioners approve a $10,000.00 cash match from Larimer County to be used for the grant application for regional economic recovery strategic planning.
Motion carried 3-0.
6. APPOINTMENT OF THE COMMUNITY DEVELOPMENT DIRECTOR AS THE RETAIL MARIJUANA ESTABLISHMENT LICENSE ADMINISTRATOR – Mr. Whitley presented a brief overview of the resolution regarding the retail sale of marijuana. The Larimer County Resolution for Licensure of Retail Marijuana Establishments became effective on October 1, 2013. The resolution requires the Board of County Commissioners to appoint an officer or employee of Larimer County to serve as the Administrator of the licensing process. At a work session on November 18, 2013, Community Development staff proposed that the Board appoint the Community Development Director as the Administrator. Discussion ensued regarding the two current retail and cultivation applications and the impact the opening of these establishments will have on the county.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the appointment of the Community Development Director as the Retail Marijuana Establishment License Administrator.
Motion carried 3-0.
7. WORKSESSION: Mr. Gluckman reviewed his opportunity to meet with the Michaels Organization, the group that has the contract to come up with some architectural plans to revitalize downtown Loveland and to gather monies from both the private and public sectors. Discussion ensued regarding Larimer County’s involvement in the plan.
8. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities during the previous week.
9. LEGAL MATTERS: There were no legal matters for discussion.
The meeting adjourned at 9:55 a.m., with no further action taken.
TOM DONNELLY, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Denise M. Ruybal, Deputy Clerk