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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, FEBRUARY 8, 2010

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Traci Shambo, Engineering Department; Doug Ryan, Environmental Health Department; Samantha Mott, Toby Stauffer, and Sean Wheeler, Planning Department; David Ayraud, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance and asked for public comment on the Land Use Code and County Budget. No one from the audience addressed the Board regarding these topics.

 

1.         J. PARSE COMBINED VIOLATION:   Mr. Lafferty stated that this item is to be withdrawn from today’s agenda as the property is now in compliance with the Larimer County Land Use Code.    

 

Chair Johnson noted that the following items were on the consent agenda and would not be discussed unless requested by the Board, staff, or a member of the audience.

 

2.         SKELTON MINOR LAND DIVISION, FILE #09-S2930:   This is a request for approval of a minor land division (MLD) to create two lots on a 180-acre site in the Stove Prairie area. The subject property is located approximately ¾ mile north of the intersection of County Road 44H and County Road 27 (Stove Prairie Road). There are two existing single-family residential uses on the site and approval of the MLD will place each residence on its own legal lot. Lot 1 would be approximately 20-acres in size and Lot 2 would be approximately 159.5-acres in size. The property is not part of a previous subdivision or minor land division.

 

As stated above, Lot 2 would be significantly larger than Lot 1; however, according to the applicant’s surveyor, the size difference is due to the three separate parcels that comprise Lot 2 being described individually on a single deed, under one parcel number, in the County Assessor’s records. The applicant would also like to split the property in this manner due to concerns about access to the proposed lots. The 35-acre parcel located on the west side of Lot 2, has limited access by private road only, and the applicants are not interested in dedicating a public road access to the 35-acre parcel. On the 15-acre parcel in the center of Lot 2, a horse arena crosses the boundary line between it and the larger parcel to the east. Also, it is less than 35-acres in size and would need approval by the Board of County Commissioners to be a legal lot. Access to the 15-acre lot is also a concern and the state would be unlikely to issue a well permit for a new lot under 35-acres.

 

In the future, the applicant can pursue a subdivision of the 159.5-acre lot via a Rural Land Plan or as a Conservation Development, should they desire to do so. Issues such as access and water would be addressed at that time. Alternatively, the applicants could create four 35-acre lots on Lot 2, as long as Lot 2 remains as one of the 35-acre lots. The creation of any lot smaller than 35-acres would require county approval as noted above.

 

Another point of concern is that there are currently two residential structures on the property.  Information in the Building Department records indicates that a garage was built on the site in compliance with permit and inspections requirements; however, the garage was later converted to a residence without building permit review/approval or inspections being conducted. This raises concerns regarding safety of the structure for habitability purposes, which can be resolved by a condition of approval requiring all permits and inspections to be completed.

 

Staff has reviewed the request and determined that it meets the review criterion for the Minor Land Division process and approval is warranted. None of the reviewing agencies objected to the request; however, the utility companies did note that existing easements must be relocated if necessary and shown on the final plat. The Engineering Department also notes that additional right-of-way is required for a total of 50-feet, which should also be shown on the final plat. Other minor technical changes are required for the final plat, as outlined in the comments provided by Dale Greer, in the Engineering Department.

 

Because the garage was approved as an accessory structure and built in compliance with building permit and inspection requirements, it meets the MLD standard that only legal uses can be separated by this process. Because, the conversion of the garage to a residence was not with a building permit or inspections during construction, staff recommends a condition of approval to address these outstanding issues and ensure the structure is safe for habitability.

 

Staff recommends approval of the Skelton Minor Land Division, file #09-S2930, 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 13, 2010, 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 Dale Greer, Land Surveyor of the Larimer County Engineering Department in comments dated January 8, 2010.

 

3.         The applicant must include the Right of Way Dedications as noted in the comments from the Engineering Department in their December 30, 2009.

 

4.         All required building permits shall be obtained for the converted garage May 31, 2010. The Plat for the Minor Land Division shall not be recorded until the applicant has obtained the building permits, and been approved following inspections by the Building Department for a Certificate of Occupancy.

 

5.         Lot 2 of the Skelton Minor Land Division can be divided further into no more than four 35-acre parcels. Lot 2 of the Skelton MLD must be one of the 35-acres sites. The creation of any new lots that are smaller than 35-acres in size, requires approval from the Board of County Commissioners on either Lot 1 or Lot 2 of the Skelton Minor Land Division. This condition shall be added as a Plat Note to the final plat of the Skelton MLD.

 

 

3.         GLEN HAVEN LOTS 21, 22, 24, AND BLOCK 8 AMENDED PLAT, FILE #10-S2931:  This is a request to amend the Glen Haven Subdivision plat to combine three lots into two. The amended plat will provide a private access easement for the lot farthest from the road, Lot 24A. The amended plat is being reviewed in conjunction with an administrative setback variance for the two proposed lots, file #10-BOA0781.

 

The proposed plat will not adversely affect any neighboring properties or any county agency. The amended plat will not result in any additional lots. The staff finds that with the conditions as listed below, the request meets the requirements of the Larimer County Land Use Code.

 

Staff recommends approval of the Amended Plat of Lots 21, 22 and 24, Block 8, Glen Haven Subdivision, file #10-S2931, 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.         The final plat shall be recorded by August 8, 2010, or this approval shall be null and void.

 

2.         Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

 

3.         Reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded.

 

4.         At the time of building permit application, if necessary, the building envelope shall be amended such that all structures for either lot shall:

 

A.        Be located outside of the Federal Emergency Management Agency designated 100-year floodplain of West Creek and/or at least 7-feet above the flow-line of West Creek as measured from the lowest opening or walkout basement floor.

 

B.        Be located 50-feet or more from the centerline of West Creek. A licensed land surveyor will be required to provide a letter of certification to the Larimer County Floodplain Administrator, in the Engineering Department, to verify the vertical and horizontal location of any such structures.

 

 

4.         TIMMINS MINOR SPECIAL REVIEW AND APPEAL, FILE #07-Z1658:  This is a request for approval of a 768-square-foot detached accessory living area in an existing building.  The request includes appeals to Sections 4.3.10.F.b (to allow a door that is visible from the public road) and 4.3.10.F.2.c (to exceed 40% of the square footage in the primary dwelling) of the Larimer County Land Use Code.

 

The applicant seeks minor special review approval for a detached accessory living area in an existing 768-square-foot home. The home has been on the site since 1940. In 2002, the owners received a building permit to build a replacement home on the property; however, the issuance of the permit was conditioned on the existing home being converted from a dwelling to an accessory structure, not to be used as living quarters. The applicant would like to keep the use of the building as a dwelling and seeks approval through the minor special review process to use the building as an accessory living area. 

 

The subject property is Lot 2 of the Rosgen-Timmins Minor Land Division. The lot is 30.18-acres in size, which is sufficient to accommodate any additional off-street parking. The accessory living area structure will be used solely for guests of the occupants of the single-family dwelling or those providing a service on site in exchange for their residence. The accessory living area can not be rented or leased separately from the single-family dwelling, and water will be provided to the accessory living area by the Northern Colorado Water District and the site has an existing septic system.

 

Accessory living areas are intended to allow property owners the full use of their property while maintaining the integrity and character of residential neighborhoods. 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. No agencies have contacted staff with objections to this request and approval of the use should have no impact on adjacent properties. The applicants are advised that approval will require the owners  to obtain a building permit and that other fees (such as the transportation capital expansion fee) apply. Staff concludes this request meets the requirements of the Land Use Code, and supports the appeals to Section 4.3.10.F.2.c and Section 4.3.10.F.2.b, as described above.

 

Staff recommends approval of the Timmins Minor Special Review and Appeal, file #07-Z1658, subject to the following conditions:

 

1.         The site shall be developed consistent with the approved plan and with the information contained in the Timmins Minor Special Review and Appeal, file #07-Z1658, except as modified by the conditions of approval or agreement of the county and the applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Timmins Minor Special Review and Appeal, file #07-Z1658.

 

2.         This application is approved without the requirement for 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 the 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 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 Minor Special Review approval.

 

4.         The owner of the property is responsible for obtaining all required building permits for the accessory living area. All applicable fees, including permit fees and Transportation Capital Expansion Fees, shall apply to this use. 

 

5.         The size of the accessory living area shall not exceed 768-square-feet.

 

6.         The single-family character of the property must be maintained.

 

7.         The accessory living area is to be used solely for guests of the occupants of the single-family dwelling or those providing a service on site in exchange for their residency.

 

8.         The accessory living area must not be rented or leased separately from the single-family dwelling.

 

9.         This minor special review approval will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

10.       Prior to using the building as sleeping quarters, the owners must obtain a miscellaneous building permit and have the building permit finalized. Prior to issuance of the building permit, the property owners must provide documentation that that they have obtained water service for the accessory living area from the Northern Colorado Water Association Planning Department.

 

5.         GLACIER VIEW MEADOWS 8TH FILING LOT 43 EASEMENT VACATION, FILE #10-S2933:   This is a request to vacate a 20-foot utility easement along the east property line of Lot 43, Glacier View Meadows 8th filing, adjacent to Sunlight Circle.

 

In their review of the application, staff has found that approval of the vacation request will not leave any land adjoining the right-of-way without an established public road or private access easement connecting the land with another established public road, or without utility or drainage services. Staff has also notified the appropriate agencies and there were no objections from any of the service providers; therefore, s taff recommends approval of the Glacier View Meadows 8th Filing, Lot 43 Utility Easement Vacation, file #10-S2933.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as published above.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 3:15 p.m.

 

 

TUESDAY, FEBRUARY 9, 2010

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Marc Engemoen and Mark Peterson, Engineering Department; Doug Ryan, Environmental Health Department; Andy Paratore, Information Technology Department; Michael Kirk, Facilities Department; Matt Lafferty, Planning Department; Lew Wymisner, Workforce Center; and Melissa Lohry, Deputy Clerk.

 

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

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 1, 2010:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of February 1, 2010.

 

Motion carried 2-0, Commissioner Gaiter was absent at the time.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 15, 2010:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         UPDATE ON LEGISLATIVE ISSUES WITH FOOTHILLS GATEWAY, INC :  Tim O’Neill, Jim Disney, and Brad March addressed the Board to provide information regarding possible legislative changes to mill levies and the resulting impacts on the six Community Centered Boards in Larimer County, which receive dedicated mill levy funding. Mr. O’Neill explained that the legislation being considered would allow boards that receive dedicated mill levy funding to put forth up to $5,000 to the state, which would then be matched using federal funds and redistributed statewide to assist in the care of new Medicaid patients.

 

Commissioner Gaiter joined the meeting at this point.

 

Chair Johnson stated that because the $5,000 from the board and the matching $5,000 would be distributed statewide, he did not feel this practice would beneficial to the county. Mr. O’Neill, Mr. Disney, and Commissioners Donnelly and Gaiter agreed.

 

Chair Johnson thanked Mr. O’Neill, Mr. Disney, and Mr. March for the information they provided and requested they notify the Board if, at any time, the legislation is amended to be more beneficial to the county.

 

5.         CONSENT AGENDA:   Commissioner Gaiter requested that the “Enterprise Zone Marketing Grant Agreement by and between the Board of County Commissioners and the State of Colorado through the Colorado Office of Economic Development and International Trade,” and the “Resolution Supporting a Great Outdoors Colorado Grant Application for a Camp Service Building at Carter Lake Reservoir,” be removed from the consent agenda for further discussion.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as follows:

 

02092010A001           LAW ENFORCEMENT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TOWN OF WELLINGTON

 

02092010A002           LANDFILL GAS AGREEMENT, PLANNED ACQUISITION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TIMBERLINE ENERGY, LLC

 

02092010A003           NATURAL GAS SALES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SEMINOLE ENERGY SERVICES LLC

 

02092010A005           AMENDMENT TO THE LEASE AGREEMENT FOR THE PROPERTY AT 495 N. DENVER AVENUE, LOVELAND, COLORADO BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE GREELEY AND LOVELAND IRRIGATION COMPANY

 

02092010A007           ADMINISTRATIVE SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MERITAIN HEALTH INC

 

02092010A008           DECLARATION OF COVENANTS AND CONDITIONS AGREEMENT FOR HERMIT PARK OPEN SPACE BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GREAT OUTDOORS COLORADO

 

02092010A009           LARIMER COUNTY SWIFT PONDS GREAT OUTDOORS COLORADO GRANT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GREAT OUTDOORS COLORADO

 

02092010R001           FINDINGS AND RESOLUTION APPROVING THE MISHAWAKA LOT SIZE APPEAL

 

02092010R003           RESOLUTION AUTHORIZING LARIMER COUNTY TO SIGN THE SWIFT PONDS GRANT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GREAT OUTDOORS COLORADO

 

MISCELLANEOUS:   Child Care Assistance Program (CCAP) Waiting List Policy

 

LIQUOR LICENSES:   The following licenses were approved and issued:  Hill Top General Store – Retail Liquor Store – Red Feather Lakes; Carter Lake Marina – 3.2% – Loveland; A Hunt Club – Tavern – Fort Collins; Elks BPOE #804 – Club Liquor License – Fort Collins.

 

Motion carried 3-0.

 

6.         BOXELDER STORMWATER AUTHORITY AND LARIMER COUNTY FEES:   Mr. Peterson and Mr. Engemoen requested the Board send a letter to the Boxelder Stormwater Authority to appeal for an exemption from collecting fees for 2009. At their meeting in January 2010, the Board of Directors of the Boxelder Stormwater Authority directed their manager to work with the county to evaluate the feasibility of revising the authority’s service area.

 

Mr. Peterson stated that in anticipation of boundary adjustments, staff is hesitant to collect fees for the past year because some of the properties may ultimately be removed from the service area, and therefore, exempt from fees. To avoid having to refund fees, Mr. Peterson suggested the Board send a letter to the Board of Directors requesting an exemption for the 2009 tax year.

 

Chair Johnson stated he is in favor of requesting an exemption only if the Board of Directors is unable to make a ruling on the boundary adjustments during their meeting in February 2010.

 

Commissioners Donnelly and Gaiter agreed to sign the letter upon its completion.

 

7.         MAXIMIZATION OF SPACE PROJECT AT COUNTY OFFICES, PHASE I:   Mr. Kirk and Mr. Paratore addressed the Board and requested approval of $2,270,000 to complete phase one of the space maximization project. The project will re-arrange interior spaces at the Larimer County Courthouse Offices, to house the Human Resources Department and the Finance Department. The project will also remodel the space being vacated by the Human Resources and Finance Departments at 2555 Midpoint, to house the Probation Office, AIIM/ReEntry Program, and Pretrial Services. The project will ultimately allow the county to vacate leased space at 315 W. Oak Street, saving enough funds to repay the cost of phase one in only 6-years.

 

Much discussion ensued regarding bids for the remodeling project and the need for contingency funds in the approval. The Commissioners decided that if contingency funds are needed, Mr. Kirk and Mr. Paratore should re-address the Board and make the appropriate request; therefore, the approved amount would be $100,000 less than requested. The Board also agreed that in order for the county to receive the maximum amount of work for a minimal expense, the construction to occur at 2555 Midpoint should be put out to bid. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Space Maximization Project, Phase I, totaling $2,170,000, with the expectation that the reconstruction of the 2555 Midpoint remodel will be put out to bid. 

 

Motion carried 3-0.

 

8.         COUNTY MANAGER WORKSESSION:   Mr. Wymisner addressed the Board in regards to consent agenda item #02092010A006, “Enterprise Zone Marketing Grant Agreement by and between the Board of County Commissioners and the State of Colorado through the Colorado Office of Economic Development and International Trade.” Mr. Wymisner stated that this grant has historically been used by the workforce center to promote and conduct their September symposium. The funds adequately cover the cost to promote the event through mailings and website promotion, as well as cover the cost of increased staff hours during the event.

 

There was some discussion between Mr. Wymisner and Commissioner Gaiter about the grant.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Enterprise Zone Marketing Grant Agreement by and between the Board of County Commissioners and the State of Colorado through the Colorado Office of Economic Development and International Trade.

 

Motion carried 3-0.

 

02092010A005           ENTERPRISE ZONE MARKETING GRANT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO THROUGH THE COLORADO OFFICE OF ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE

 

Mr. Engemoen addressed the Board in regards to consent agenda item #02092010R002, “Resolution Supporting a Great Outdoors Colorado Grant Application for a Camp Service Building at Carter Lake Reservoir.”

 

Commissioner Gaiter asked Mr. Engemoen about the ongoing costs to the county, for maintenance, once the buildings are constructed. Mr. Engemoen stated that the Department of Natural Resources is largely self funded through parks passes, campsite fees, and shower facility fees; therefore, he does not expect any additional burdens to the county due to the construction of the shower buildings.

 

Chair Johnson commended the Department of Natural Resources for the improvements to county parks and campgrounds and the value they have added.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Resolution Supporting a Great Outdoors Colorado Grant Application for a Camp Service Building at Carter Lake Reservoir.

 

Motion carried 3-0.

 

02092010R002           RESOLUTION SUPPORTING A GREAT OUTDOORS COLORADO GRANT APPLICATION FOR A CAMP SERVICE BUILDING AT CARTER LAKE RESERVOIR

 

Mr. Gluckman addressed the Board to provide information about three Senate Bills, which, if approved, could have an impact on Larimer County. The first bill Mr. Gluckman reviewed was Senate Bill 120, which was proposed by Kimberly Culp of the Larimer Emergency Telephone Authority. This bill, if approved, would allow 911 Emergency Surcharges to be collected at the time of sale by retailers and the forwarded to the appropriate agencies. Mr. Gluckman informed the Board that this item would be discussed on Friday, February 12, 2010, at Colorado Counties Inc.

 

The second bill Mr. Gluckman reviewed with the Board was Senate Bill 125. This bill would provide a 65% surcharge on all background checks run by the Colorado Bureau of Investigation. If approved, the bill would affect the Clerk & Recorder’s Election Department and the Sheriff’s Department, as employees in both departments are subjected to background checks.

 

Lastly, Mr. Gluckman reviewed Senate Bill 95, which would revert emissions testing back to the previous basic level of testing and not the enhanced level currently being considered for implementation. Mr. Gluckman informed that Board that Senator Renfroe specifically requested the Board’s support of this bill.

 

Mr. Ryan informed the Board that, in his opinion, Senate Bill 95 would be inconsistent with the Board’s previous stance on emissions testing. He explained that while basic level emissions testing would be less of a financial burden on residents, the level of ozone emissions removed/prevented would a substantially less than the current restrictions.

 

The Board thanked Mr. Gluckman and Mr. Ryan for all of their information.

 

9.         COMMISSIONER ACTIVITY REPORTS:   The Board reviewed their attendance at activities over the last week.

 

10.       LEGAL MATTERS:   There were no legal matters today.

 

There being no further business, the Board adjourned at 11:15 a.m.

 

 

 

 

 

__________________________________________

                        STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

­­­______________________________________

Melissa Lohry, Deputy Clerk

 

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