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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, April 23, 2007

 

LAND USE HEARING

(#54)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Wagner presided and Commissioners Gibson and Rennels were present.  Also present were:  Karlin Goggin, Building Inspection; Samantha Mott, Chad Gray, Porter Ingrum, Matt Lafferty, Toby Ieuter, and Jim Reidhead, Planning Department; Rex Burns, and Traci Downs, Engineering Department; Dough Ryan, Environmental Health Department; David Ayraud, Assistant County Attorney; and Kristen Romary, Deputy Clerk.

 

Chair Wagner opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and the Land Use Code.  No one from the audience addressed the Board regarding these topics.  Chair Wagner then explained that Items 1 through 3 were on consent, and would not be discussed unless requested by the Board, staff, or members of the audience.

 

 

1.  MARTHA’S FARM AMENDED PLAT OF RESIDUAL LOT B - #07-S2668:  This is a request to convert the existing two acre building envelope that contains the farmstead accessory dwelling into a single-family lot (proposed as Lot 2).  In October of 2001, the plat for the Martha’s Farm RLUP (Rural Land Use Plan) received final approval.  The project contained 70.81 acres and was approved with one single-family residential lot and two residual lots, known as Residual Lot A and B.  Residual Lot B was approved with one single-family dwelling and an accessory dwelling (an existing house) on about 35 acres.  The residual lots were protected from further development by a 40-year protective covenant. 

 

One new free-standing residential lot will be created by the proposed amendment.  However, creating this new lot will have no impact on the development density allowed by the Rural Land Use Process:  The net effect of this proposed change will be that the home classified as an accessory dwelling will now be on a “free-standing” residential lot and can be bought and sold separately.  It will no longer be located within a building envelope located on or attached to Residual Lot B, nor will the house continue to be classified as an “accessory dwelling”.

 

The original applicant, Mr. Ted Yelek, proposed only three residential lots for this project (rather than the potential maximum of four).  Therefore, he was able to use the Rural Land Use Administrative Process.  The RLUP also allows for up to one accessory dwelling for each qualifying project—usually a house historically used for farm help that is located within a building envelope and must remain as part of a residual lot.  Based on this RLUP provision (Section 5.8.6.4 Principles); Residual Lot B has a building envelope within which the existing farm house is located.  If the applicant had originally chosen to use the regular process (rather than the Administrative Process), the accessory dwelling could have been placed on its own single-family lot.

 

Residual Lot B is now owned by Joseph and Rosemary Barry, the applicants for this amendment proposal.  Based on their experience over the last few years, this small home is not useable to them as a farmstead accessory dwelling.  The applicants wish to amend the current plat in order to place this existing house on its own residential lot so that it can be sold separately.  The original residual land/developed land ratio will remain the same. 

 

The existing access points to all of the residence will remain unchanged.  Maintenance responsibilities for the undeveloped portion of Residual Lot B will also remain unchanged.  All covenants, deed restrictions and other conditions which applied to the original Rural Land Use Plan will also apply to this new lot.  Water is already supplied by Little Thompson Water District and the on-lot septic system is in existence and will not change—this new residential lot is readily able to function separately from Residual Lot B.  In addition, there will be no changes to the historic drainage because of this change.

 

Staff recommends approval of the Amended Rural Land Plan and Amended Plat for Martha’s Farm RLUP (File #00-S1622) and Amended Plat of Residual Lot B of the Amended Plat of Residual Lots A and B, Martha’s Farm RLUP (File #00-S1622) 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 Amended Plat recorded by October 2, 2007, or this approval shall be null and void.
  2. Prior to the recordation of the Final Amended Plat, the application shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department, and add a note to the plat that any covenants, deed restrictions or other conditions of approval that apply to the original lots will also apply to the resultant lot.  
  3. Any legal documents that may need to be amended for the Martha’s Farm RLUP (File #00-S1622) to allow this new lot must be submitted and reviewed and approved by the County Attorney prior to final approval of the amended plat.

 

 

2.  BECKERS MINOR SPECIAL REVIEW - #07-Z1643:  This is a request for approval of a Minor Special Review for a Detached Accessory Living Area on 4.5 acres.  The applicant seeks Minor Special Review approval to construct an Accessory Living Area on a 4.5 acre property situated on the east side of North Taft Hill Road, approximately ¼ mile North of West Vine Drive. Currently the property has an existing residence, and the property is being used for agricultural purposes including horses on the property.

 

According to the project description, the Accessory Living Area will not exceed 800 interior square feet, and will be constructed in an existing barn on the property.  The purpose of the request is to allow living space for farm help, as Mr. Beckers is often deployed for extended periods of time.  The area will not be rented or leased separately from the single-family dwelling.

 

The Land Use Code states that accessory uses are intended to allow property owners the full use of their property, while maintaining the integrity and character of the neighborhood.  To meet these goals, accessory uses and buildings must be erected and used only for purposes that are clearly secondary and incidental to the principal use of the property.  They must be located on the same lot with the principal use and the accessory living area should not be used as a rental unit.  It is the assessment of the Development Services Team that this request can meet the standards provided the owner complies with the requirements for an Accessory Living Area, and satisfies the recommended conditions of approval below.

 

There are outstanding permits and inspections required for the building.  Compliance with these requirements is not intended to create an inconvenience for the applicant.  However, the permit process exists to ensure that structures are built to the best possible standards to protect all who will live in and use them.  The conditions of approval below address the building permit and inspection requirements.

 

The Development Services Team recommends that the Board of County Commissioners Approve the Beckers Minor Special Review (File #07-Z1643) for a detached Accessory Living Area subject to the following conditions:

 

1.   The Site shall be developed consistent with the approved plan and with the information contained in the Beckers Minor Special Review (File #07-Z1643), 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 Beckers Minor Special Review.

2.   This application is approved without the requirement of a Development Agreement.  In the event the applicant fails to comply with any conditions of approval, or fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to the county, the county may withhold building permits, issue a written notice to applicant to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review.  All remedies are cumulative and the county’s election to use one shall not preclude use of another.  In the event that the county must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees.  The county may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.

3.   The Findings and Resolution shall be a servitude running with the property.  Those owners of the property or any portion of the property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.

4.   The owner is responsible for obtaining all required building permits for the new residence, the Accessory Living Area.  All applicable fees, including permit fees and Transportation Capital Expansion Fees, shall apply to this use.  Within 90 days from the date of approval, the owner shall obtain all outstanding building permits and inspections for all previous work in the existing building. 

5.   Per Section 4.3.10.F.2 of the Larimer County Land Use Code, the habitable space of the current structure shall not exceed to 40 percent of the square footage in the single-family dwelling or 800 square feet, whichever is less.

6.   At the time of the building permit application, the owner shall sign a Detached Accessory Living Area Agreement which will indicate what the owner has agreed to as well as advise potential future lot buyers of the restrictions placed on the Accessory Living Area.

7.   Connection to public sewer should be finished prior to the issuance of the certificate of occupancy for the building permit for the Accessory Living Area. 

8.   A City of Fort Collins Water and Sewer form will need to be signed, completed and submitted as part of the building permit application.

 

 

3.  AMENDED FRANDSON EXEMPTION RIGHT-OF-WAY VACATION - #07-S2679:  This is a request to vacate a 60-foot Right-of-Way and utility easement in Lots 3, 4, and 6, of the Woodlands Estates Subdivision and Tracts A and B of the Amended Frandson Exemption (S-155-92) for the proposed Dry Creek Ridge Subdivision (File #05-S2393).

 

The Development Services Team recommends approval of the Amended Frandson Exemption Right-of-Way and Easement Vacation, File #07-S2679, a request to vacate a 60-foot Right-of-Way and utility easement as part of a Final Plat approval for a three lot subdivision.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve Items 1 through 3, as listed on the Consent Agenda and outlined above. 

Motion carried 3-0.

 

 

4.  FRANZ LAND USE CODE VIOLATION - #06-CC0222:  Mr. Helmick explained that the applicant has submitted paperwork in need of review before being presented to the Board of County Commissioners.  Mr. Helmick asked that this item be removed from the agenda.

 

 

5.  TOWN OF BERTHOUD/LARIMER COUNTY RENAME OF OLD HIGHWAY 287 - #07-CAC0004:  This is a request from the Town of Berthoud and Larimer County to change the name of Old Highway 287 to 1st Street.  Due to the recent Highway 287 bypass and reconstruction project, the Town of Berthoud and the County Addressing Coordinator requests the name of the road formally known as Highway 287 be changed.  In accordance with the Intergovernmental Agreement (IGA) between Larimer County and municipalities titled Standardization of Street Naming Protocol within the Municipalities and Unincorporated Areas of Larimer County and Certain Adjacent Areas, the Town of Berthoud seeks to rename this segment of road which is primarily located within the Growth Management Area (GMA) of Berthoud.  The requested change is to rename the road to 1st Street in compliance with existing road naming conventions of the Town of Berthoud.

 

In accordance with the aforementioned IGA, within the Growth Management Area around each Municipality, roads will be named using city/town names, not county road numbers.  Outside the GMA Boundary, county road numbers will be used unless specifically designated otherwise by the adopted Addressing Resolution and road hierarchy.

 

This is a slightly unique situation in that the Loveland GMA and Berthoud GMA currently do not meet.  However, there are no addressable points accessing from Highway 287 from the Berthoud GMA to Highway 60.  According to discussions with the Colorado Department of Transportation (CDOT), Gloria Hice-Igler, direct access off the new reconstructed highway is prohibited.  CDOT is not approving any direct access and changed the classification of road to eliminate any potential proposal to access it directly.   The Town of Berthoud has expressed interest in proposing an extension to their existing GMA boundary which would take the GMA boundary to Highway 60 and abut the Loveland GMA.  However, this GMA boundary change has not yet been requested of, or reviewed by county staff.

 

In discussions with county engineering staff, it is recommended and encouraged to name this road 1st Street.  Based upon this area, there are 26 properties that would require renaming.  The current address numbers are sequential and have proper parity, thus the change in address would be from Highway 287 to 1st Street.

 

The Town of Berthoud agrees to install and maintain appropriate road sign designations with the GMA boundary.  Larimer County will install and maintain road signs outside the established GMA boundary and will complete notification to property owners affected by this change outside town limits.  Any properties with Highway 287 addresses in town limits will be changed by the Town of Berthoud.

 

Staff recommends approval of the request based upon the following:

 

  1. By changing the name to the town road name, it is in compliance with the Intergovernmental Agreement.
  2. Granting this request will be consistent with surrounding municipalities renaming roads inside the GMA.
  3. LETA agrees with the change of Highway 287 to 1st Street.
  4. The purpose of the Standardization of Street Naming Protocol within the Municipalities and Unincorporated Areas of Larimer County and Certain Adjacent Areas is to apply consistency in road naming conventions between Growth Management Areas and the County and allow for municipalities to change a road name road within their respective jurisdictional boundary. 

 

Robert Anderson from the Town of Berthoud stated that the town is in favor of changing the road name, and asked that the Board support their request.  At this time, Chair Wagner opened the hearing for public comment, and no one addressed the Board.  Some discussion among the Commissioners ensued.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the request to rename the old Highway 287 within the Berthoud GMA and Larimer County to 1st Street with the condition that the Town of Berthoud installs and maintains appropriate road sign designations within the GMA boundary.

Motion carried 3-0.

 

 

At this time, Commissioner Gibson excused himself from the meeting.

 

 

6.  ADOPTION OF BOXELDER CREEK MASTER PLAN:  Mr. Burns explained that this is a request for the Board of County Commissioners to make a recommendation to the Larimer County Planning Commission concerning adoption of the Boxelder Creek Stormwater Master Plan.  Over the past two years, a group composed of staff members from the Towns of Timnath, Wellington, Windsor, the City of Fort Collins, and Larimer County have been meeting as a group to consider a stormwater master plan for the basin. The group hired a consulting firm to prepare the plan which is now being proposed for adoption.  Since the plan will be an element of the county’s master plan, the statutory requirement is for adoption by the County Planning Commission.  The hearing before the Board of County Commissioners is thus advisory and precedes the hearing before the Planning Commission.

 

Construction of the improvements would contribute to the economic vitality of both the Highway 14 Interstate 25 area and the Wellington areas by removing very useful properties from the floodplain.  The areas that will benefit from this plan include existing and proposed commercial and industrial areas, along with some public properties in the Wellington area.

 

Adoption of this Master Plan is a necessary first step toward adoption of a financing system for improvements, although by itself the plan is not a financing system.  The plan is being proposed for adoption by the City of Fort Collins and the Town of Wellington on a similar time frame.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners send the Boxelder Creek Master Plan to the Planning Commission for approval.

Motion carried 2-0.

 

 

The meeting ended at 3:20 p.m.

 

 

 

 

TUESDAY, APRIL 24, 2007

 

 

ADMINISTRATIVE MATTERS

(#55)

 

The Board of County Commissioners met at 9:30 a.m. with Neil Gluckman, Assistant County Manager.  Chair Wagner presided and Commissioner Gibson and Rennels were present.  Also present were: Deni LaRue, and Donna Hart, Commissioners’ Office; Gary Buffington, Parks and Open Lands Director; Meegan Flenniken, Parks and Open Lands Department; Tony Simons, Sheriff’s Office; Ginny Riley, Laura Walker, and Jeff Cummins Human Services Department, and Kristen Romary, Deputy Clerk.

 

 

1.  PUBLIC COMMENT:  There was no public comment today.

 

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 16, 2007:

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of April 16, 2007.

Motion carried 3-0.

 

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 30, 2007The Commissioners reviewed and discussed the upcoming schedule with Ms. Hart. 

 

 

4.  CONSENT AGENDA: 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for April 24, 2007:

 

04242007A001           CONSTRUCTION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND LAFARGE WEST, INC.

 

04242007A002           INTERGOVERNMENTAL AGREEMENT PARTICIPATING ADDENDUM BETWEEN THE STATE OF COLORADO, ACTING BY AND THROUGH THE DEPARTMENT OF PERSONNEL & ADMINISTRATION, DIVISION OF INFORMATION TECHNOLOGIES AND LARIMER COUNTY

 

04242007R001           FINDINGS AND RESOLUTION APPROVING THE STEGNER/EVERITT APPEAL

 

04242007R002           FINDINGS AND RESOLUTION APPROVING THE SCHUMAN MINOR SPECIAL REVIEW

 

04242007R003           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOT 2, CEDAR PARK 7TH FILING, THE LEGITS BOUNDARY LINE ADJUSTMENT AND VACATION OF UTILITY EASEMENT

 

04242007R004           SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF JAX THUNDERDOME

 

MISCELLANEOUS:  Community Development Block Grant Project Completion Report to close the 2005 Estes Park Salud Health Center Construction Grant Contract with the State.

 

Motion carried 3-0.

 

 

5.  UPDATE ON FOREST MANAGEMENT ACTIVITIES AND GRANTS WITH COLORADO STATE FOREST SERVICE:  Mr. Simons explained that the Larimer County Parks and Open Lands Department and Emergency Services have received a number of grants through the Colorado State Forest Service (CSFS).  The most recent grant totals $40,000, and staff is in need of a signature from the county manager on the grant application for acceptance of the grant money. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the county manager’s signature on the grant agreement from the Colorado State Forest Service totaling $40,000.   

Motion carried 3-0.

 

 

6.  NEW PARKS ADVISORY BOARD SELECTION PROCESS:  Mr. Buffington stated that the 13 member Citizen Park Task Force has completed their work with the Parks Master Plan and Resource Management Plan.  The next step is to create a Parks Advisory Board that will continue on with park business in the future.  Mr. Buffington asked for guidance from the Board to develop a selection process for choosing Park Board members. 

 

Mr. Buffington explained that some of the 13 Citizen Park Task Force members would like to continue serving on the Board.  Commissioner Rennels stated that the current task force has a lot of knowledge among its members.  She suggested that those currently on the task force who want to be on the advisory board should be given the opportunity to serve.  For the remaining vacancies, members should be selected based on the type of park activity the person is involved in; like kayaking, hiking, horseback riding etc.  Chair Wagner said she would like to see the number of board members remain at 13, and to look at applicants from geographically diverse areas of Larimer County. 

 

 

7.  INCRESE THE WORK PARTICIPATION RATE FOR THE COLORADO WORKS CASELOAD:  Ms. Walker explained that the Human Services Department is asking for approval to hire an additional five full time employees (FTE’s).  The funding for additional staff will be available through a one time allocation of TANF funds.  The new employees will increase the county’s ability to meet the federally established Work Participation Rate.  Four staff members will be income maintenance technicians and one will be a department specialist.  Discussion among the Commissioners ensued.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve an additional 5 FTE’s to be paid from the additional TANF funding provided by the state.

Motion carried 3-0.

 

 

8.  REQUEST FOR ANNUAL EMPLOYEE DAY AT ELITCH GARDENSMs. Hart explained that the Board has approved supplementing a small portion of the entrance cost to Elitch Gardens for employees in the past.  In past years, the county has ordered 500 tickets along with a limited number of “meal deals”.  In 2006, cost was $18 per ticket with employees purchasing those tickets for $12.  The ticket price in 2007 is $19, and Ms. Hart proposed that the Board approve an employee ticket price of $13.  The county expenditure is roughly $3000.  All unused tickets can be sent back to Elitch Gardens. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the expenditure of up to $3000 from the Special Projects Fund in support of the Annual Employee Day at Elitch Gardens.

Motion carried 3-0.

 

 

9.  UPDATE ON THE LARIMER LIFT PARATRANSIT SERVICE:  This agenda item will be discussed on May 1, 2007.

 

 

10.  LEGISLATIVE UPDATE:  Mr. Gluckman outlined pending House Bill 1008, and discussion among the Commissioners ensued regarding the same.  Mr. Gluckman asked for approval from the Board to send a letter in opposition to Governor Ritter. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners send a letter to Governor Ritter regarding the problem with House Bill 1008 and authorize the Chair to sign.

Motion carried 3-0.

 

 

11.  ASSISTANT COUNTY MANAGER WORKSESSION:  Mr. Gluckman said that the quarterly meeting with the City of Fort Collins will be held on May 10, 2007, and asked if the Board had any agenda items to include.  Some discussion among the Commissioners ensued.

 

Commissioner Rennels explained that as the Fair Board liaison, she is asking for support from the Board of County Commissioners to allow only Larimer County residents the opportunity to participate in the Queen and Lady-In-Waiting Contest along with Larimer County Roping and Barrel Racing.  Commissioner Rennels explained that these activities represent Larimer County, and should be designated to county residents only.  She also stated that there are other open classes and opportunities for residents outside the county.  Commissioner Rennels said that by approving this decision today, it will alleviate potential conflicts directed at the Fair Board regarding participation among county residents and non-residents in the future. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners establish that the Queen and Lady-In-Waiting Contest, and Larimer County Roping and Barrel Races be for county residents only. 

Motion carried 3-0. 

 

 

12.  COMMISSIONER ACTIVITY REPORTS:  The Board discussed their attendance at events during the past week.

 

 

13.  LEGAL MATTERS:  (Tape #56)

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioner go into Executive Session for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiation; and instructing negotiators as outlined in 24-6-402-(4)(e) C.R.S.

Motion carried 3-0.

 

 

The Executive Session ended at 11:00 a.m. with no further action taken. 

 

 

 

 

 

 

__________________________________________

KAREN A. WAGNER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 _________________________________

Kristen L. Romary, Deputy Clerk

 

 

 

 

 

 

 

 

           

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.