MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioner Johnson was present. Also present were: Clint Jones, Engineering Department; Rob Helmick, Planning Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.
Chair Donnelly opened the hearing with the Pledge of Allegiance, and explained that there were two items on the consent agenda that would not be discussed unless requested by the Board, staff, or members of the audience:
1. MALCHOW MINOR RESIDENTIAL AMENDED PLAT OF LOTS 1A AND 2A, FILE #13-S3197: This is a request to amend the plat of Lots 1A and 2A of the amended plat of the Malchow MRD to create a direct access to CR 6 from Lot 1A.
The applicants propose to adjust the property lines of the two lots in this MRD to provide for direct access to CR 6. When Highway 287 was improved several years ago, additional ROW was needed and as a result of the ROW and construction access to the larger parcel, Lot 1A was limited by a series of slope and access easements. The request here is to adjust the west boundary of Lot 2A to provide Lot 1A to have 100 feet of frontage to CR 6 at the far west end of the property.
This requested amended plat is the result of a ROW acquisition by CDOT and additionally imposition of subsequent easements that restricted access to Lot1A. Approval of this amendment will provide for direct unrestricted frontage to CR 6 for the owners of Lot 1A. No individual or agency has noted concerns with this proposal.
The Development Services Team recommends approval of the Malchow Lots 1A & 2A Amended Plat File #13-S 3197, subject to the following conditions :
1. All conditions of approval shall be met and Findings and Resolution recorded by August 1, 2014, or this approval shall be null and void.
2. Both lots shall continue to be subject to the original conditions and restriction, which were imposed on the lots in Malchow MRD.
2. DOBBS MINOR LAND DIVISION, FILE #13-S3198: This is a request for a Minor Land Division to create a two acre lot to be separated from an original 34+-acre parcel, for the use of the Lyons Fire District. An appeal to the minimum lot area of 10 acres is also requested.
The Lyons Fire District Station 2 was destroyed in the September Floods. That original site was located adjacent to the Little Thompson River on a residential lot in the X-Bar7 subdivision. The site was approved though a special review in 1990. This site is located on the main road in the area CR 37E, a paved road. The property owner is selling the proposed 2 acre site to the fire district. The Larimer County Planning Commission approved a Location and Extent application for this site on January 15, 2014. Subsequent to this, the district will need to apply for and receive approval of Site Plan Review and a building permit.
This Minor Land Division has been proposed to address the need for a new/replacement fire station in this area. The creation of these parcels meets the requirements of the Larimer County Land Use Code with the understanding that the new parcels must have a lot size variance as a part of this approval.
The Development Services Team has evaluated this request and finds that with certain conditions recommended this request meets the approval criteria for a Minor Land Division. Specifically the Team finds:
· The proposal is neither in a subdivision plat nor in previously approved exemption.
· The lots proposed do not increase the impact or use in the community but do require a variance of the lot size as a part of this approval, and provide a substantial public benefit.
· The access and traffic impacts in the general area do not change with this proposal.
The Development Services Team recommends approval of the Dobbs Minor Land Division file #13-S3198, 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 August 1, 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 the Larimer County Engineering Department.
3. The plat shall be specifically noted to reflect that this approval is an exemption.
4. The lot size of 2 acres is varied from the required 10 acres per lot as a part of this approval.
5. Site Plan Review, Development Construction permitting and building permits are required prior to use and occupation of this lot.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda, as outlined above.
Motion carried 2-0.
3. LYONS FIRE PROTECTION DISTRICT FEE APPEAL, FILE #13-G0258: This is an appeal to waive fees associated with the permitting and construction of a new fire station; including Location and Extent, Minor Land Division, Site Plan Review, Development Construction Permit, Building Permit and Wild Fire Review fee.
The Lyons Fire District is a tax district. They have submitted or will submit in the near future several applications for the review and approval of a new fire station to serve the Collard Gulch and X Bar Seven area. The new fire station is necessary because the September flooding destroyed the previously approved fire station. They will need to submit or have submitted applications for all of the zoning and development process that are applicable in the Larimer County Land Use Code. These processes and fees include:
· Location and Extent review $800.00-paid
· Minor Land Division $1700
· Site Plan Review $1300
· Development Construction Permit $400
· Wildfire Review Fee $200
Additionally a building permit and building permit fees will be required. Those fees may be subject to the $1000 reduction authorized by the Disaster Resolution.
The District is requesting the BCC reduce or waive the Planning/Engineering fees associated with the approval and construction of the new fire station. There are or may be available funds through FEMA and or State which can cover some of these fees as a part of the “rebuilding process” Most of the formulas would provide up to 50% of 50% or roughly 56% of the cost to rebuild the previously existing 3 bay fire station. There may be a 12.5% cost to the district after all other sources are utilized. Generally, the County has not waived fees for projects proposed by a tax district; however, those proposals are typically a result of capital planning by the districts and not a response to a catastrophic event where facilities and equipment were destroyed.
The Development Service Team finds that although the district is funded through tax revenues there is an exceptional hardship. There has been no error made in the processing of the request(s). The basic question here is who pays the taxpayers of the district or the taxpayers of the County as a whole. When the load is spread throughout the County the impact is far less than if the District has to raise taxes or reduce services or facilities to compensate for the costs of the fees. Because this a tax paying district and there are apparently other sources of funding for most of the need the Team cannot support a full amount of requested waiver. If the district can present information, regarding the other sources of funds the Board of County Commissioners may wish to consider a percentage waiver based on the remainder for which the district is responsible.
The Development Services Team recommends a percentage waiver based on what other sources are available to the District of the Lyons Fire District Fee Appeals File # 13-G0258.
Mr. Helmick briefly explained the request, as outlined above, noting that the fire station was completely destroyed in the flood, and they are requesting a waiver of fees to help ease the cost of reconstruction.
JJ Hoffman, Fire Chief for the District, explained that even after relief from FEMA and insurance, the costs to rebuild keep mounting. He noted they are short approximately $85,000, and they will be hosting fund-raising efforts, in addition to requesting fee waivers from the County.
Chair Donnelly opened up the hearing for public comment; however, no one in the audience addressed the Board regarding this matter.
Discussion ensued and Commissioner Johnson voiced his support of waiving the $1200, which would include the Wildfire Review Fee, and $1000 of the Building Permit Fee. Commissioner Johnson did not support waiving any of the other above noted fees, as this is a taxing district and he felt the taxpayers of that community are responsible for funding and repair of their own fire station.
Chair Donnelly stated that in addition to total loss of the fire station, the district also lost a $425,000 fire truck. He noted that the taxes of this district only bring in approximately $220,000 annually, and so he would support waiving the fees in order to help them defray costs to rebuild.
M O T I O N
Chair Donnelly moved that the Board of County Commissioners waive the total fees of $4,400 for the Lyons Fire Protection District.
Motion failed 1-1; Commissioner Johnson dissenting.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve waving the $200 Wildfire Review Fee for the Lyons Fire Protection District.
Chair Donnelly offered a friendly amendment to the motion asking if Commissioner Johnson was willing to waive the $1200, as previously stated. Mr. Lafferty noted that the additional $1000 is a building department fee and would have to be waived at the time of application.
Motion carried 2-0.
The hearing adjourned at 3:25 p.m.
Tuesday, FEBRUARY 4, 2014
The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Donna Hart, Commissioners’ Office; Jon Cowling, Assessor’s Office; Bill Ressue and David Ayraud, County Attorney’s Office; and Gael Cookman, 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. Eric Sutherland, Margaret Griffin, and Mel Hilgenberg addressed the Board for public comment.
Chair Donnelly then led the Pledge of Allegiance.
1. APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 27, 2014:
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of January 27, 2014, as presented.
Motion carried 3-0.
2. REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 10, 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:
PETITIONS FOR ABATEMENT: As recommended by the county assessor, the following Petitions for Abatement are denied: Kenneth and Jacalyn Eis; Michael and Laurie Hittesdorf; Wolfram Klawiter; Rush Family LLC; Sage Homes LLC; Sharm Shunick; Richard and Suzanne Urwiller; and Diane Watson.
02042014A001 AMENDMENT #1 TO AGREEMENT FOR SERVICENOW IMPLEMENTATION SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CROSSFUZE, INC
02042014A002 DRAINAGE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE OMNIUM GROUP, LLC
02042014A003 DEVELOPMENT AGREEMENT FOR CROSSROADS-NORTHWEST COMMERCIAL PARK PUD AMENDED PLAT, FILE #12-S3127 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE OMNIUM GROUP, LLC
02042014R001 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR THE AMENDED PLAT OF LOT 1 OF MCCARTHY SUBDIVISION, FILE #13-23171
02042014R002 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR THE AMENDED PLAT OF CROSSROADS NW COMMERCIAL PARK, FILE #13-S3127
02042014R003 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOTS 7, 10, 12. 13, 14, 15, AND A PORTION OF LOTS 8 AND 9, BLOCK 3, AND LOT 12, BLOCK 4, LETITIA LAKE SUBDIVISION AND A PORTION OF THE NE ¼ OF SECTION 27, TOWNSHIP 10 NORTH, RANGE 73 AND ACCESS EASEMENT
02042014R004 FINDINGS AND RESOLUTION APPROVING THE JOHNSTON ACCESSORY LIVING AREA APPEAL
MISCELLANEOUS: Amended Plat of a Portion of Crossroads-Northwest PUD Commercial Park; Re-appointment of Donald Rogers to the Red Feather Lakes Planning Advisory Committee beginning February 4, 2014, and expiring December 31, 2016; Appointment of Joseph Montenero to PID #30 Poudre Overlook beginning February 4, 2014, and expiring November 30, 2017; Appointment of Vickie McLane to the Berthoud Community Library District beginning January 1, 2014, and expiring December 21, 2017; Annual Certification of Larimer County Road Mileage to the Colorado Department of Transportation; Letter of Support for Great Outdoors Colorado Flood Recovery Grant; Stipulation as to Tax Year 2013 Value – Ownby John Exemption Trust; Stipulation as to Tax Year 2013 Value – Oakridge Innovation LLLP (2 appeals); Stipulation as to Tax Year 2013 Value – Schultz Family Association LLC; Stipulation as to Tax Year 2013 Value – Kevin P. Corcoran Et Al; Stipulation as to Tax Year 2013 Value – Green Warren M. Family Trust; Stipulation as to Tax Year 2013 Value – Harmony Suites LLC.
LIQUOR LICENSES: The following licenses were approved and/or issued: JJ’s Bar & Grill – Tavern – Fort Collins; Best Western Crossroads – Tavern – Loveland.
Motion carried 3-0.
4. COUNTY MANAGER WORKSESSION: Ms. Hoffmann discussed her recent activities with the Board.
5. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities during the previous week.
6. LEGAL MATTERS: Mr. Ayraud explained that there has been a complaint regarding employee conduct in a Citizen Review Panel case and now the Board of County Commissioners will need to act as an “appellate court” to review the complaint. He noted that they will not be reviewing the decision of the case, but merely looking at the employee conduct portion of the complaint. Mr. Ayraud will provide details for the Board, and then bring it back for executive session discussion at the next Administrative Matters meeting.
Mr. Ressue then requested that the Board go into executive session for a discussion regarding the Anheuser-Busch Tax Appeal.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners go into executive session for conferences with an attorney for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402 (4) (b) C.R.S.
Motion carried 3-0.
The meeting adjourned at 9:50 a.m. with no further action taken.
TOM DONNELLY, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk