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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 05/19/14  




Monday, May 19, 2014



land use hearing


t he Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Donnelly presided and Commissioners Johnson and Gaiter were present.  Also present were: Rob Helmick, Savannah Benedick, and Karin Madson, Planning Department; Doug Ryan, Health and Environment Department; Clint Jones, Engineering Department; and Denise Ruybal, Deputy Clerk.


Chair Gaiter opened the hearing with the Pledge of Allegiance and noted that the following items were on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience:


1.    MYCAMP LOTS 15 &16, BLOCK A, AMENDED PLAT, FILE #14-S3223: This is an amended plat proposal to reconfigure the lot lines for Lots 15 and 16, Block A of the MyCamp Subdivision.  The intent of the Amended Plat is to modify the lot lines of these lots in order to allow the applicant to build a new home on proposed Lot 16A to the north of the existing home.

Any existing covenants, deed restrictions and other conditions of approval which applied to the original lots will continue to apply to the new lots. 

The proposed Amended Plat for Lots 15 and 16, Block A of the MyCamp Subdivision will not adversely affect any neighboring properties or any County agency.  Staff supports the proposed request as long as the necessary changes are made as identified in the conditions of approval.

The Development Services Team recommends approval of the Amended Plat  to reconfigure the lot lines for Lots 15 and 16, Block A of the MyCamp Subdivision, File # 14-S3223, subject to the following condition(s) 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 19, 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.


3.    Prior to recordation of the Final Plat, the surveyor shall illustrate on the plat the location of the proposed access easement in relation to the existing house.  The edge of proposed access easement shall be located at least 25’ from the existing home.


4.    Prior to the recordation of the Final Plat, the surveyor shall illustrate on the plat the correct acreage of the proposed lots.



Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as proposed above.

Motion carried 3-0.


2.    COX SUBDIVISION APPEAL, # 14-G0263: The applicant proposes to divide their 40-acre parcel of land to create one additional lot.  The Larimer County Land Use Code requires that such a land division be a Conservation Development, unless the Board of County Commissioners approves an exception or waiver to the provision and allows the division to occur as a subdivision.  The applicant is requesting the BCC approve such an exception and allow him to process a two-lot subdivision on this parcel.  The site is located in the Waverly area which is characterized by lots of 2-16 acres predominately 5-10 acres in size with other agricultural parcels much larger. 


The decision of the Board of County Commissioners on this appeal will determine the course of action for the applicant.  At this time, this request is only to allow a two-lot subdivision although the parcel at 40+ acres could result in a 4-lot development.  The request has been referred to adjacent landowners and to affected agencies.  One neighbor has commented with some general concerns about process.  No agency issues have been identified.


The applicant has also indicated the desire to create the one lot at 5 acres this would require a lot size variance.  The staff believes that this decision should come as a part of any subdivision process if that is determined appropriate.  Based on the zoning, and existing development in the area however, our preliminary reaction to this request is that it is not supportable.  There are no extenuating circumstances, which would suggest that if a subdivision is allowed why a 10-acre lot is not feasible or appropriate. 


The Development Services Team recommends approval of the Cox Subdivision Appeal file # 14-G0263, subject to the following condition(s):


1.   A subdivision consistent with that proposed by the applicant is completed with a 10-acre lot unless the Board of County Commissioners approves a lot size variance.


Mr. Cox addressed the Board with a quick overview of his intention.  He would like to split off one, five acre parcel from his 40-acre property.  His intention is to sell this five acre parcel to a non family member in the future.  He has no intention of subdividing the entire 40-acres or to create an entire subdivision.


Chair Donnelly opened the hearing for public comment.  George Wallace and George Reed both spoke in support of the proposed subdivision.  They appreciate the efforts of the Coxes, this subdivision would be a great impact on the community and stated that five acre parcels already exist in the area.


Chair Donnelly closed the hearing for public comment.


Some discussion ensued between Mr. Lafferty and the Commissioners regarding the purpose of this hearing.  It was stressed that today’s hearing is only to approve the process to subdivide the property and that the actual subdivision was not taking place today.  It was also stressed that under the current zoning, the minimum lot size is ten acres and that Mr. Cox would need to file an appeal in order to create the five acre lot.   The public would have an opportunity to attend a hearing during the appeal process




Commissioner Johnson moved that the Board of Commissioners approve the Cox Subdivision Appeal, file #14-G0263, subject to the condition(s) as outlined above.


Motion carried 3-0.


3.    MODESITT REZONING, #13-Z1921: This is a request for the proposed rezoning from FA-Farning to PD-Planned Development to allow commercial type uses.  There is also an appeal to waive the application fees.  There was some discussion regarding the applicant’s proposal to rezone 12.77 acres from FA-Farming to PD-Planned Development.  The property includes the 3.5 acre Mountain Whitewater Descents parcel on which the existing business was located along with an additional 9.27 acre area (now part of the Modesitt’s residential parcel).  Planning Commissioner discussion was mainly regarding the timing of public sewer and the Review Criteria for Rezoning.

Public testimony included comments that the proposal would compromise the integrity of the rural area, concerns with having an outdoor music venue and the impacts it might have, along with concerns about the noise and traffic that could be generated with the proposal. 

Other neighbors spoke in favor of the establishment and felt that the changes were needed in that area of the county. Another neighbor commented that the project is a great opportunity for the north part of Fort Collins and would provide positive growth to the area.


In addition to the above request, the applicant has submitted an Appeal requesting that the $4,000 application fee be waived for this application.  The reason the applicant gave is that fees ($800) were paid in 2001 with their original Special Exception Application. 



The Planning Commission recommends approval of the Modesitt Rezoning, file #13-Z1921, to rezone the property from FA-Farming to PD-Planned Development, subject to the following conditions:

1.    The applicant shall submit a complete Amended Plat application for the properties affected by this rezoning no later than 180 days after Board of County Commissioners approval.  The property line between the lots shall reflect the legal description in the rezoning request.


2.    Within 60 days of approval the applicant shall provide Community Development staff with an executed and notarized Annexation Agreement to the City of Fort Collins, Colorado.


3.    The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Modesitt Planned Development shall be as follows:


Modesitt PD Rezoning (all use descriptions referenced as listed in the Larimer County Land Use Code, as amended).

A.    Principal uses:


1.    Apiary (R)

2.    Farm (R)

3.    Equestrian Operation (SP, MS, S)

4.    Garden supply center (SP)

5.    Livestock veterinary clinic/hospital (SP/S)—See section 4.3.1

6.    Pet animal facility (SP/S)—See section 4.3.1

7.    Pet animal veterinary clinic/hospital (SP/S)—See section 4.3.1


8.    Bar/tavern (SP-indoor only/ S-with outdoor seating area)

9.    General commercial (SP)

10.   General retail (SP/S)—See section 4.3.3

11.   Instructional facility (SP)

12.   Outdoor display/sales (SP)

13.   Personal service (SP)

14.   Professional office (SP)

15.   Restaurant (SP-indoor only/ S-with outdoor seating area, outdoor food        

            service and/or drive through)


16.   Church (SP-indoor only/ S-with outdoor seating, recreation or activity area and/or school/daycare)

17.   Community Hall (SP-indoor only/ S-with outdoor seating, recreation or activity area)

18.   School, nonpublic (S)


19.   Rafting Business (SP)

20.   Place of amusement or recreation (SP/S)—See section 4.3.5


21.   Enclosed storage (SP)

22.   Light industrial (S)

23.   Small solar facility (R/PSP)

24.   Trade use (SP)—See section 4.3.7


25.       Commercial mobile radio service (SP/S)—See section 16

B. Lot, building and structure requirements:

1. Minimum lot size:

a. 100,000 square feet (2.3 acres) if a well or septic system is used.

b. 15,000 square feet (0.34 acre) if public water and sewer are used.

2. Minimum required setbacks: (If more than one setback applies, the greater setback is required).

a. Street and road setback (Refer to section 4.9.1 setbacks from highways, county roads, and all other streets and roads.) The setback from a street or road must be 25 feet from the lot line, nearest edge of the road easement, nearest edge of right-of-way, or nearest edge of traveled way, whichever is greater.

b. Side yards—10 feet.

c. Rear yards—20 feet.

d. Refer to section 4.9.2 for additional setback requirements (including but not limited to streams, creeks and rivers).

3. Maximum structure height—40 feet.

4. A parcel may be used for one or more principal buildings and accessory buildings.


a.    Uses followed by an (R) are allowed by right.

b.    Uses followed by an (SP) require approval through the site plan review process described in section 6.1.

c.    Uses followed by a (PSP) require approval through the public site plan review process described in section 6.2.

d.    Uses followed by an (MS) require approval through the minor special review process.

e.    Uses followed by an (S) require approval through the special review process described in section 4.5.

f.    Uses followed by a combination of (R/SP/PSP/MS/S) may be allowed by right or require approval based on thresholds identified or as listed in section 4.3 (use descriptions).


The Larimer County Planning Development Services Team recommends denial of the Modesitt Rezoning Fee Appeal, File # 13-Z1921.


Ms. Madson provided an overview of today’s hearing.  The applicants are asking for rezoning of their property in order to expand and come into compliance with the certain aspects of their rafting business.   It was stressed that the approval of the rezoning is all that is being looked at today.   Should the rezoning be approved, the Modesittes would need to go through the proper processes in order to build the proposed community hall, outdoor music venue, and other improvements they envision for their property and business.  Neighbors would have adequate opportunity during each process to attend hearings in opposition or support of each process.  


Michael Chalona, Design Manager with the Neenan Company, addressed the Board.  He stated that this is the first step and that the special review application has already been submitted.


Brad Modesitt then addressed the Board.  He stated that he was frustrated with the process.  He also stated that Commissioner Gaiter recommended that he submit the waiver for the $4,000.00 fee refund.  He said he is giving the community something they want.


Chair Donnelly then opened up the hearing for public comment. 


Ken Stegner, Jan Iverson and Nancy Acree spoke in opposition of the rezoning.  They stated that there was an agricultural feel to the area.  There are nesting bald eagles in the area and there is concern on how this would affect them.  This area is quiet and relaxed and they are concerned with future development of this area.


Karen Merriam, Cheryl Gorski, Julie Jablonski and John Jablonski, all spoke in favor of the rezoning. They stated that property values would increase, there is already commercial properties in the area and this is a good way to meet neighbors.


Chair Donnelly closed the hearing to public comment.


Mr. Chalona addressed the Board with the concerns of the neighbors.  He stated that this property will be annexed in to the city soon, this provides an economic boost for the area and that the Colorado Department of Transportation has seen the plans and did not  raise any objections.


Discussion ensued between the Commissioners and Ms. Madson.  Commissioner Gaiter confirmed  that at this time, the only thing guaranteed is the rafting business.  The  applicants will need to go through a lot of approval processes before they can continue with their proposed plans.  Commissioner Johnson supported the rezoning and stated there would be enough opportunities for public input through the hearing process.  The hearing today is only changing the zoning of the property and does not guarantee future plans will be approved.




Commissioner Johnson moved that the Board of County Commissioners approve the Modesitt rezoning, file #13-Z1921, subject to the condition(s) as outlined above.


Motion carried 3-0.


A brief discussion between the commissioners regarding the waiving of the $4,000.00 fee ensued.





Commissioner Gaiter moved that the Board of County Commissioners waive the $800.00 based on the previous application.


Motion failed 1-2, with Commissioners Johnson and Donnelly dissenting.


With there being no further business, the hearing adjourned at 4:35 p.m.




TUESDAY, MAY 20 ,2014





The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager.  Chair Donnelly presided and Commissioners Johnson and Gaiter were present.  Also present were: Donna Hart, and Deni LaRue, Commissioners’ Office; Marc Engemoen, Public Works Department; Charlie Johnson, Rusty McDaniel, and Mark Peterson, Engineering Department; Jeannine Haag and Bill Ressue, County Attorney’s Office and Denise Ruybal, Deputy Clerk.


Chair Donnelly opened the meeting up to public comment giving citizens the opportunity to address the Commissioners regarding events and issues pertaining to Larimer County. Mel Hilgenburg and Craig Weber were present to address the Board.


Chair Donnelly opened the meeting with the Pledge of Allegiance.







Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of May 12, 2014, as presented.


Motion carried 3-0.


2.    REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 26, 2014:   Ms. Hart reviewed the upcoming schedule with the Board.






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 have been denied: Gabriele S. Connor; MaryAnn Wood (East 12th 105, LLC); Tim Gosar and Jennifer Dalton;  Safeway, Inc.;  Wellington Resources, LLC.; Whole Foods Market Rocky Mountain.




MISCELLANEOUS: Retail Marijuana Cultivation License, Flower Power Botanicals; Retail Marijuana Store License, Flower Power Botanicals.


LIQUOR LICENSES: The following license was approved and/or issued:  JJ’s Bar & Grill – Tavern – Fort Collins.


Motion carried 3-0.



4.    WORKSESSION:     Ms. Hoffmann introduced Mr. Engemoen to discuss National Public Works Week.  The Public Works Department released their annual report to coincide  with this recognition.  Public Works is comprised of the Engineering, Fleet, Natural Resources, Road and Bridge, Solid Waste and the Ranch Departments. This annual report spotlights the significant events of 2013 and is available on the County website.


Ms. Hoffman contacted Sheriff Smith via telecom to discuss the Emergency Fire Fund.  The contract is due for renewal and Sheriff Smith would like it completed by June 1, 2014.   There are two major changes to the contract that Sheriff Smith would like the Commissioners to address.  The contract this year does not require the signature of the Sheriff and requests for reimbursement by the fire districts no longer require approval by the Sheriff. Commissioner Johnson recommended that we involve other counties and Commissioner Gaiter will ask CCI for a statewide endorsement to require these signatures as in the past.


Ms. Hoffmann briefly discussed a survey regarding FEMA.  She reviewed that staff rotation made it difficult in that there was no one person to answer questions.  Roger Jones of Region 8 has been a wonderful help in the ‘the buck stops here’ with him.  Ms. Hoffmann will be submitting  a letter of recognition to his supervisor.


Ms. Hoffmann attended the Climate Wise Celebration last week.  The Green Team announced that Larimer County received a Gold Certification.


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






Commissioner Gaiter moved that the Board of Commissioners go in to Executive Session for conferences with an attorney for the purpose of receiving legal advice on specific legal questions AND determining positions relative to matters that may be subject to negotiations; developing stratefy for negotiations; and instructing negotiators as outlined in 24-6-402-(4) (b) AND (e) C.R.S.


Motion carried 3-0.


The Board came out of Executive Session.  Mr. Engemoen presented a brief overview of the County Road 27 project.  The proposed detour and permanent improvements have had an impact on FEMA approval.  The decision to discontinue the detour and proceed with the permanent improvements will assist with earliest completion possible.




Commissioner Johnson moved that the Board of Commissioners due to a dispute regarding the status of public right-of-way on the detour route for County Road27, the project cannot proceed.  Resolving this dispute will likely require court actions and the resulting delay will significantly reduce the amount of the time the detour is functional before permanent improvements are opened, which jeopardizes FEMA reimbursement.  Therefore, the County will cease efforts in pursuit of a temporary detour for County Road 27, and not award a contract for the work.


Motion carried 3-0.

The meeting adjourned at 11:25  a.m.
















Denise M. Ruybal, Deputy Clerk




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