> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 01/10/05  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, JANUARY 10, 2005

LAND USE HEARING

(#3)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Rennels presided, and Commissioners Bender and Gibson were present.  Also present were:  Sean Wheeler, and Matt Lafferty, Planning Department; Jim Reidhead, Rural Land Use Center; Doug Ryan, Health Department; Christi Coleman, Engineering Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Rennels opened the meeting with the Pledge of Allegiance and asked for public comment on the Larimer County Land Use Code and the County Budget.  No one addressed the Board regarding these topics.  Chair Rennels and Commissioner Gibson took this opportunity to publicly thank Commissioner Bender for his service as County Commissioner during the past four years.  Chair Rennels then noted that the following items are consent and would not be discussed unless requested by the Board, staff, or members of the audience.

 

1.   FOOTHILLS BAPTIST CHURCH MINOR LAND DIVISION; 04-S2315:  This is a request for approval of a Minor Land Division to formally subdivide an existing church from a vacant parcel of land for a residential use.  The Board of County Commissioners approved the use of the MLD process during public hearing on 10-4-04 to create a plat of record for the two uses.  The applicant seeks approval for a Minor Land Division on approximately 7.7 acres into 2, lots being approximately 2.34 acres and 4.47 acres in size.  One lot will be used for the existing church facility and the other for a single-family residential use.  The existing “lots” were created by metes and bounds descriptions in the early 1970’s but were never formally subdivided through Larimer County.  In addition, the church has been in place since the early 1970’s and a new single family residence would be built on the new lot at the south end of the site.  The property is located on the south side of 22nd Street adjacent to the Namaqua Hills subdivision in the City of Loveland. Both lots would exceed the minimum lot size allowed by the FA-Farming zoning, and the church has been in place since the 1970’s.  Approval of the request would divide the property into two legal lots.  No Staff members from the County Planning, Engineering and Health departments objected to the request; however, The Engineering Department has asked for some additional information related to drainage at the site.  The applicant’s Engineer must provide this information to the Engineering Department for review and approval prior to the recording of the MLD Plat.  Given the minimal level of development proposed, being one additional residential use, Staff does not anticipate difficulty in the applicant’s being able to satisfy this request.  The Health Department provided revised comments for the request, and recommended conditions of approval.  These conditions relate to the applicant’s ability to connect to public water and sanitary sewer systems.  No other agencies or individuals contacted the Planning Department to raise objections.

The Development Services Team findings are as follows:  1. The Foothills Baptist Church MLD is consistent with the review criteria and standards of Section 5.4 (Minor Land Division) of the Larimer County Land Use Code, provided the applicant complies with all conditions of approval.  2.  The Foothills Baptist Church MLD is not part of a previously recorded exemption or subdivision.  3.  The Foothills Baptist Church MLD will exceed the minimum lot size requirements for the FA-Farming zone die District where it is located.  4.  The parcels created by approval of the Foothills Baptist Church MLD meet or exceed the minimum access standards of the County Engineering Department.  5.  The Foothills Baptist Church MLD will not result in any negative impacts to surrounding properties or uses.  The Development Services Team recommends approval of the Foothills Baptist Church Minor Land Division, Planning File #04-S2368, subject to the following conditions and authorization for the Chair to sign the plat when the conditions are met and the plat presented for signature:  1. The Plat for the Foothills Baptist Church Minor Land Division shall be consistent with the approved plan and with the information contained in File #04-S2368 except as modified by the conditions of approval or agreement of the County and applicant.  2.            All conditions shall be met and the Final Plat recorded by 7-10-05, or this approval shall be null and void.  3.  The applicant shall provide a Drainage Memo as required by the 12-1-04 comments from the County Engineering Department.  The Transportation Capital Expansion Fee and the Drainage Basin Fee shall be paid at time of building permit for Lot 2 as noted in the Engineering Department’s memo.  4.  Development on Lot 2 will require public water and sewer at the time a building permit is issued.  5.  The existing septic system on Lot 1 shall be converted to public sewer at such time as an expansion of the building is planned, or if the system should fail or malfunction.

 

2.  TARUM MINOR LAND DIVISION NAME CHANGE; 04-S2315:  This is a request to change the title of the Tarum Minor Land Division; in 1994, a Minor Land Division titled the Tarum MLD– 94-EX0596 was approved and recorded, which MLD created two lots.  Then on July 9, 2004, the Board of County Commissioners approved another Minor Land Division to further divide Lot 2 of the 1994 Tarum MLD into two lots.  The Title of this new Minor Land Division application was approved and recorded as the Tarum Minor Land Division - 04-S2315.   After approving and recording the Minor Land division it became apparent that the title description would likely create confusion because the titles of two Minor Land Division Final Plats were too much alike.  Therefore, to minimize the level of confusion created by these recorded plats, the Planning Department is requesting that the Board of County Commissioners approve a change to the title of the most recent Tarum MLD - 04-S2315 recorded on 12/06/2004 at Reception #2004-0116490 to read: Tarum 2nd Minor Land Division – 04-S2315 being a Minor Land Division of Lot 2 of the Tarum Minor Land Division – 94-EX0596.  The Development Services Team recommendation is for approval of the name change of the Tarum Minor Land Division – 04-S2315 to Tarum 2nd Minor Land Division 04-S2315 being a Minor Land Division of Lot 2 of the Tarum Minor Land Division-94-EX0596.

3.  REU RANCH RURAL LAND USE PLAN LOT 3 EASEMENT VACATION; 04-S2369:  This is a request to vacate the southerly 6.00 feet of the existing 20.00 foot Utility Easement located on Lot 3 as shown on the recorded plat of Reu Ranch R.L.U.P. 00-S1707.  This changes the Utility Easement from a 20.00 foot to a 14.00 foot utility easement.  The applicant requests authorization to vacate the southerly 6.00 feet of the existing 20.00 foot Utility Easement located on Lot 3 as shown on the recorded plat of Reu Ranch R.L.U.P. 00-S1707.  This changes the Utility Easement from a 20.00 foot to a 14.00 foot utility easement.  This request is being made because a new barn was built in the wrong place, encroaching roughly 6 feet into an existing utility easement.  The applicants have requested a setback variance from the County Board of Adjustment.  The hearing for the request is scheduled for December 28, 2004.  If this variance is approved, the applicants also wish to have 6 feet of the utility easement vacated in order to ensure that the utility easement accurately reflects the existing conditions.  The various affected utility providers have signed the utilities checklist form, thereby approving the vacation request.  Approval of the Reu Ranch R.L.U.P. was granted by the Larimer County Board of Commissioners on November 20, 2001, with the Final Plat, Development Agreement, and other related documents recorded on December 12, 2001, at Reception Nos. 2001113828 thru 2001113833 of the Larimer County Records.  This application was forwarded to the appropriate departments and agencies for comment.  The responses from other agencies reveal that there are no other issues of concern.   Staff recommendation is for approval of the utility easement for Reu Ranch R.L.U.P 00-S1707, File # 04-S2369.

 

M O T I O N

 

Commissioner Bender moved that the Board of County Commissioners approve the Consent Agenda as presented and outlined above.

 

Motion carried 3-0.

 

The meeting adjourned at 3:05 p.m.

 

 

TUESDAY, JANUARY 11, 2005

 

ADMINISTRATIVE MATTERS

(#3)

 

The Board of County Commissioners met at 10:30 a.m. with County Manager Frank Lancaster.  Chair Rennels presided and Commissioners Wagner and Gibson were present.  Also present were: Neil Gluckman, Donna Hart, Melinda Keen, and Deni LaRue, Commissioner’s Office; and Gael Cookman, Deputy Clerk.

 

1.  BOARD REORGANIZATION FOR 2005:   Commissioner Wagner nominated Commissioner Rennels to serve another term as Chair and Commissioner Gibson supported the nomination. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners appoint Kathay Rennels as the Chair for 2005, and authorize her to buy and sell real estate upon approval of the Board.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners appoint Glenn Gibson as the Chair Pro-Tem for 2005, and authorize him to buy and sell real estate in the absence of the Chair upon approval of the Board.

 

Motion carried 3-0.

 

2.  DESIGNATION OF PUBLIC NOTICE POSTINGS FOR MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the Resolution designating the public place in which notice is posted of meetings of the Board of County Commissioners.

 

Motion carried 3-0.

 

011120054007            RESOLUTION DESIGNATING THE PUBLIC PLACE IN WHICH NOTICE IS POSTED OF MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS

 

3.  BOARD ASSIGNMENTS:   The Board discussed and chose their Board and Committee assignments for the upcoming year.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve BCC Policy P #2I BOARD OF COUNTY COMMISSIONERS DIVISION OF RESPONSIBILITIES.

 

Motion carried 3-0.

 

As a side note, Commissioner Wagner suggested the possibility of creating a Latino Issues Advisory Board in order to address matters of concern regarding the Latino population within the county.  Mr. Lancaster noted that he would set a worksession so the Board could discuss this in further detail.

 

4.  APPROVAL OF THE MINUTES FOR JANUARY 3, 2005:

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the Minutes for the week of January 3, 2005 as presented.

 

Motion carried 2-0 (Commissioner Wagner abstained).

 

5.  REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 17, 2005:  Ms. Hart reviewed the upcoming schedule with the Board.

 

6.  CONSENT AGENDA:

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for January 11, 2005:

 

01112005A001           WARRANTY MEMORANDUM FOR HULL SUBDIVISION 02-S1988 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SUZANNE AND TYSON HULL

 

01112005R001           RESOLUTION CANCELING TAXES DETERMINED TO BE UNCOLLECTIBLE

 

01112005R002           RESOLUTION REGARDING PARTIAL RELEASE OF COLLATERAL FOR POUDRE OVERLOOK PLANNED UNIT DEVELOPMENT

 

01112005R003           FINDINGS AND RESOLUTION APPROVING THE GLENN RIDGE ESTATES SECOND FILING SUBDIVISION

 

01112005R004           FINDINGS AND RESOLUTION APPROVING THE VERN'S RESTAURANT PLANNED LAND DIVISION APPEALS

 

01112005R005           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 11-13 CEDAR SPRINGS ESTATE FOURTH FILING AND VACATION OF UTILITY EASEMENT

 

01112005R006           RESOLUTION REGARDING DEPOSIT OF 2005 FUNDS BY COUNTY TREASURER

 

MISCELLANEOUS DOCUMENTS:   Public Trustee Third Quarter Report; Amended Plat of Lot 7, Big Valley Homesteads II R.L.U.P 00-S1653; Release of Building Permit Hold for Lots 68 and 69, Block 1, Stagecoach Subdivision.

 

LIQUOR LICENSES:  The following licenses were both approved and issued:  Burger Bay - 3.2% - Loveland; Boyd Lake Marina - 3.2% - Loveland.  The following license was issued:  Berthoud Area Chamber of Commerce – Special Event 6% - Berthoud.   The following action was approved:  Diamond Shamrock Corner Store #4133 - Change of Trade Name - Loveland.

 

Motion carried 3-0.

 

Mr. Lancaster noted that the contract for the Alps Tire Project is up for renewal and requested Board approval on it.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the Contract for the Alps Waste Tire Cleanup.

 

Motion carried 3-0.

 

01112005A002           CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS (Waste Tire Cleanup Fund)

 

9.  WORKSESSION:  There were no work session items to discuss.

 

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

 

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

 

There being no further business, the meeting adjourned at 11:45 a.m.

 

 

 

 

                                                                        __________________________________________

                                                            KATHAY RENNELS, CHAIR

                                                                        BOARD OF COMMISSIONERS

 

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

 

ATTEST

 

 

___________________________________

Gael M. Cookman, Deputy Clerk