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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, April 5, 2010

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Pro-Tem Donnelly presided and Commissioner Gaiter was present.  Also present were:  Toby Stauffer, and Sean Wheeler, Planning Department; Jeff Goodell, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney’s Office; and Tamara Slusher, Deputy Clerk.

 

Chair Pro-Tem Donnelly 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.

 

Chair Pro-Tem Donnelly noted that the following items are on the consent agenda and would not be discussed unless requested by the Board, staff, or a member of the audience.  At this time, Commissioner Gaiter requested that item 3 be pulled from consent for discussion.

 

1.         POUDRE PARK ANNEX LOTS 48 AND 49 AMENDED PLAT, FILE #10-S2946:   The request is to amend the plat of Poudre Park Annex to adjust the lot line between two adjacent lots to match the existing driveway. The amended plat will allow all four properties to share one existing access.

 

No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:

 

·   Engineering Department Development Review Team

·   Addressing Section

·   Code Compliance Section

·   Department of Health and Environment

 

Comments received from the Land Surveyor of the Larimer County Engineering Department identify some required corrections to the plat.

 

The proposed plat amendment to Poudre Park Annex to adjust the lot line of two adjacent lots to match the existing driveway, 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 the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Amended Plat of Lots 48 & 49, Poudre Park Annex, File# 10-S2946, 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 October 5, 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.

 

2.         MIRAVALLE SUBDIVISION 1ST FILING LOT 9 AMENDED PLAT/EASEMENT VACATION, FILE #10-S2947:   This request is to amend the plat of Miravalle Subdivision, First Filling, Lot 9 to add a sliver of adjacent land to the property. The sliver of land was excluded from both the Miravalle Subdivision and the adjacent development, Big Valley Homesteads RLUP. The request also includes the vacation of three 10’ utility easement along the north, east and west property lines.

 

No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:

 

·  Engineering Department Development Review Team

·  Code Compliance Section

·  Department of Health and Environment

 

Comments received from the Land Surveyor of the Larimer County Engineering Department identify some required corrections to the plat.

 

The proposed plat amendment to Miravalle Subdivision to add a sliver of land left out of two adjacent subdivisions, Miravalle and the Big Valley Homesteads RLUP, and a request to vacate three 10 foot utility easements, on the north, east, and west property lines, 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 the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Amended Plat of Lot 9, Miravalle Subdivision, 1st Filing, File# 10-S2947, 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 October 5, 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.

 

4.         LAURELWOOD PLANNED LAND DIVISION, PRELIMINARY PLAT APPROVAL EXTENSION:   The Laurelwood Planned Land Division (PLD) is a development of five single-family residential lots and two out lots on 14.52 acres.  It is located on the east side of North St. Louis Avenue, north of East 57th Street, in Loveland.  The site is also located inside the Loveland Growth Management Area Overlay Zone, and is zoned FA-Farming.  The project will be served by public water and sanitary sewer.  The Board of County Commissioners approved the Laurelwood PLD Preliminary Plat on 09-10-05.  The applicant submitted the Final Plat for review and approval on 12-28-2005.

 

Due to economic conditions, this project has not continued to approval of the final plat.  Staff has contacted the applicant and property owner by letter requesting an update as to the status of the project.  The applicant has requested approval to withdraw the final plat, and extend the time allowed for approval of the preliminary plat.

 

The Development Services Team recommends approval of a two year extension of the preliminary plat and a request to pay half the Final Plat submittal fee for the Laurelwood Planned Land Division, as described in File #04-S2245, subject to the following conditions:

 

1.   All conditions outlined in the findings and resolution approving the Laurelwood Planned Land Division preliminary plat, recorded on 12/19/2005 at Reception Number 2005-0107861, shall continue to apply.

 

2.   The final plat for the Laurelwood Planned Land Division shall be submitted no later than May 1, 2012 or this preliminary plat time extension approval shall automatically expire without a public hearing.

 

3.   The applicant shall pay a fee of half the amount of the final plat fee in place at the time the application is made.

 

M O T I O N

 

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

 

Motion carried 2-0.

 

3.         COTTONWOOD ACRES SUBDIVISION PRELIMINARY AND FINAL PLAT, FILE #09-S2927:   This is a request to create a 9.88 acre lot for single-family residential use.  The request includes appeals to section 10.3.4 (access spacing) of the rural area road standards, section 4.1.5.B.1 (minimum lot size), and section 8.14.2.H (lot width to depth ratio) of the land use code.  The property is located on the north side East County Road 58, ˝ mile west of County Road 1.

 

Currently this property is a portion of Lot 2 of the Fenno MLD. The original Fenno MLD lot included an additional 30 acres to the east of the subject property. Project submittal materials indicate that the division of the Fenno MLD lot into two occurred prior to the current owners’ purchase of this property and any non-conformity of the property is not a result of actions of the current owners. With this subdivision, the owners wish to create a legally split 10 acre piece out of the original 40 acre piece. When deciding to subdivide this land, the owners attempted to include the additional 30 acre parcel and the additional owner in this subdivision but that owner was unwilling to participate. Previously the subject property included a single family residence; the residence was destroyed by a fire in 2007.

 

Access to the proposed lot will be from the existing access point on E. CR 58. County Road 58 is classified as a Major Collector, requiring a minimum driveway spacing of 330’ per section 10.3.4 of the Larimer County Rural Area Road Standards (LCRARS).  There are existing driveways both east and west of the subject property that are within the 330’ spacing requirement. Because of the existing driveways on the property and those adjacent to it, the applicant is unable to move the driveway to meet the 330’ ft spacing requirement, and therefore requests an appeal to LCRARS section10.3.4 to keep the existing driveway where it is.

 

The Fenno MLD dedicated 30 feet of road Right-of Way with the project in 2001. The Major Collector reclassification requires a 50’ ROW dedication, an additional 20’ of ROW will be dedicated with this plat. Due to the additional ROW dedication requirement, the lot will be less than 10 acres, the required minimum lot size for the Open Zone District.  An appeal to section 4.1.5.B.1, Lot size requirements, is included with this request to allow the final configuration to be 9.88 ac.

 

Due to the history of how this property was divided, the lot size does not meet the requirements of section 8.14.2.H, lot width to depth ratio. An appeal to this criterion is included with this application.

 

The property is served by the Northern Colorado Water Association and the Poudre Fire Authority. A new septic system will be required with a new single-family residence.

 

The western edge of this property is along the Cowans Lateral Ditch. Irrigation water is not available to this property. The proposed residence and lot configuration will not affect the Cowans Lateral Ditch.

 

Planning Staff referred the application to a number of County departments and outside agencies for consideration.  While no agencies objected to this request, the comments provided to Staff are addressed in the conditions of approval for this project.

 

The Planning Commission recommends to the Board of County Commissioners that the Cottonwood Acres Subdivision and appeals to the Larimer County Land Use Code, file #09-S2927, be approved subject to the following conditions:

 

1.   The final plat shall be consistent with this approval and with the information contained in the Cottonwood Acres Subdivision (File # 09-S2927) 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 Cottonwood Acres Subdivision.

 

2.   All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation.  The lowest habitable floor level (basement) shall not be less than 5 feet from the seasonal high water table. 

 

3.   Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

4.   The applicant shall sign a Final Development Agreement and Disclosure Notice for approval by the County, as a part of the final plat and to be recorded with the final plat.  This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project.  The notice shall include, but is not limited to; the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, soil testing for the new septic permit and other issues raised in the review, or related to compliance with the Larimer County Land Use Code.

 

5.   At the time of building permit issuance the septic system should be at least 100’ from the irrigation ditch.

 

6.   Prior to the final plat, the applicant shall complete all required corrections and submit two revised copies to the Larimer County Engineering Department Land Surveyor.

 

After much discussion, Ms. Haag stated that the County Attorney will draft a new condition regarding the shared access with the adjacent property.  This new condition will be included in the findings and resolution at the time of recording.

 

Rob Persichitte addressed the Board on behalf of the applicant stating that he supports the staff’s recommendations.  Discussion ensued regarding the financial responsibilities of both property owners, and the possible relocation of the access point to the 30-acre parcel.  Ms. Stauffer explained in further detail the amendments made to condition 5 of the staff report.

 

Chair Pro-Tem Donnelly opened the hearing for public comment of which there was none.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Cottonwood Acres Subdivision, File #09-S2927, as recommended by the Planning Commission and staff, subject to the conditions outlined above and as amended at this hearing.

 

Motion carried 2-0.

 

5.         MODIFICATION TO CONTRACTOR LICENSING PROGRAM:   In 2007 the State of Colorado passed legislation House Bill 07-1078  (C.R.S. 30-11-125) that enables counties to license persons engaging in the business of being a building contractor within the unincorporated portion of the county.  The state enabling law states that "any county that establishes a licensing program pursuant to this section shall issue a license to a building contractor holding a valid license issued by another county or municipality in the state without requiring the building contractor to take or achieve a passing grade on any examination conducted by the county if the license issued by such other county or municipality required the building contractor to achieve a passing grade on a nationally recognized examination promulgated by the International Code Council commonly used and accepted in the industry." 

 

The Board of County Commissioners approved a Contractor Licensing Resolution for Larimer County effective September 1, 2009.  The resolution requires contractors to pass standard industry exams and/or show proof of achieving a passing grade on an applicable examination from another jurisdiction in Colorado.

 

Appeals to the Board of Appeals may be made by any person aggrieved by the denial of a license application made by the Chief Building Official in the course of administering this resolution.  The Board has heard several appeals from long time contractors who have been licensed with the City of Fort Collins or Loveland but who did not take an exam or could not provide proof they took an exam.  The Board felt staff should modify the contractor resolution to allow a waiver of the examination requirement based on a written policy developed by staff and approved by the Board of Appeals. 

 

On January 13, 2010, the Board of Appeals held a hearing and recommended the Board of County Commissioners modify the building contractor licensing program by allowing a waiver from examination requirement pursuant to the terms of a written policy reviewed and approved by the Board of Appeals on January 13th.

 

The draft to modify the Contractor Licensing Resolution may be viewed at http://www.larimer.org/building.  Comments or recommended changes may also be e-mailed to tgarton@larimer.org, or mailed to Larimer County Building Department, Attention: Tom Garton, Post Office Box 1190, Fort Collins, Colorado, 80522-1190.  For further information contact Tom Garton, Larimer County Chief Building Inspector, at (970) 498-7705.

 

Notice of the public hearing has been posted in local newspapers in Fort Collins, Loveland, and Estes Park and an article was posted in the “Hot Topics” section of the County’s web site.  The Board of Appeals and the Larimer County Building Department reviewed the proposed modification and written policy for exam waiver and recommend approval.

 

Chair Pro-Tem Donnelly opened the hearing for public comment and Robert Carlson discussed his qualifications and the difficulty he is having complying with the current licensing program standards.  Discussion ensued regarding adding clarifying language to staff’s policy to avoid confusion regarding the total number and types of projects required.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the adding of [(iii) obtains a waiver of the examination requirements pursuant to the terms of a written policy approved by the Board of Appeals] to section 10-199 CONDITIONS FOR ISSUANCE OF A LICENSE of the BUILDING CONTRACTOR LICENSING PROGRAM (Resolution #0112209003).

 

Motion carried 2-0.

 

There being no further business, the hearing adjourned at 3:40 p.m.

 

 

TUESDAY, APRIL 6, 2010

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager.  Chair Pro-tem Donnelly presided and Commissioner Gaiter was present.  Also present were Neil Gluckman, Donna Hart, and Deni LaRue, Commissioners’ Office; Holly Carroll, and Paula Watson-Lakamp, Library Board Representatives; Michael Kirk, and Steve Balderson, Facilities and Information Technology Division; Justin Smith, and Steve Bebell, Sheriff’s Department; Charlie Johnson, Engineering Department;  George Hass, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   Tony Falbo, resident of Poudre Canyon and Volunteer Firefighter with the Poudre Canyon Fire Department, thanked the Board for their support of the Poudre Canyon Fire Volunteer Fire Department, and asked if the Board had any questions of him.  The Board had no questions, but thanked Mr. Falbo for his service to the community.

 

2.   APPROVAL OF THE MINUTES FOR THE WEEKS OF MARCH 29, 2010:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of March 29, 2010, as presented. 

 

Motion carried 2-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 12, 2010:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.    CONSENT AGENDA:  Commissioner Gaiter requested that miscellaneous item number one, Justice and Mental Health Collaboration Program Grant, be pulled from the consent agenda for discussion.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the following items, as presented on the Consent Agenda for April 6, 2010:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petitions for Abatements are presented for approval:  Richard and Wauneta Boresen; Soaring Eagle Ranch, LLC, (3 parcels); Jacqueline Fields; 2008 Caribou Partners, LLC; and Berton Rohrbacker.  

 

04062010A001           FISHING ACCESS EASEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CHAPEL OF THE INTERLUDE, INC.

 

04062010A002           FISHING ACCESS EASEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND EDWARD J. AND SARAH V. EGLOFF

 

04062010A003           AGREEMENT FOR PSUCHOLOGICAL SERVICES FOR THE LARIMER COUNTY SHERIFF’S OFFICE BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JANICE D. ORT

 

04062010A004           PROGRAM YEAR 2010 GRANT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY WORKFORCE CENTER, AND THE COLORADO DEPARTMENT OF LABOR

 

04062010A005           LOAN AGREEMENT FOR LARIMER COUNTY LID 2008-1 HIDDEN VIEW ESTATES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY

 

04062010R001           FINDINGS AND RESOLUTION APPROVING THE CHRIS HANSEN ADDRESS CHANGE APPEAL

 

04062010R002           RESOLUTION FOR CONVEYANCE FOR PERMANENT DRAINAGE EASEMENT BY TIMNATH FARMS, LLC

 

04062010R003           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE REGARDING TRANSPORTATION CAPITAL EXPANSION FEES

 

04062010R004           FINDINGS AND RESOLUTION FOR APPROVING AN AMENDED PLAT OF LOTS 16 AND 17, CRAWFORD ACRES AND SUNRISE COURT RIGHT-OF-WAY VACATION

04062010R005           FINDINGS AND RESOLUTION APPROVING THE LOT CONSOLIDATION OF LOTS 3 AND 4, BLOCK 2, IN CEDAR SPRINGS 4TH FILING AND UTILITY EASEMENT VACATION

 

LIQUOR LICENSES:  The following licenses were approved and/or issued:  Sylvan Dale Ranch – Hotel & Restaurant with Optional Premises – Loveland; Mexican Inn – Hotel & Restaurant Temporary Permit – Loveland; Zippy’s Liquor – Retail Liquor Store – Fort Collins; Horsetooth Sertoma – Special Event 6% - Fort Collins.

 

Motion carried 2-0.

 

5. NATIONAL LIBRARY WEEK PROCLAMATION:  Ms Carroll explained that National Library Week is celebrated each year across the nation and she requested the Board proclaim the week of April 11 – 17, 2010, as National Library Week in Larimer County.  Commissioner Gaiter read the proclamation aloud.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners proclaim the week of April 11 – 17, 2010, as National Library Week.

 

Motion carried 2-0.

 

6.  HVAC UPGRADE TO THE EVIDENCE STORAGE AREA AT THE SHERIFF ADMINISTRATION OFFICES AT 2555 MIDPOINT DRIVE:  Mr. Balderson requested the Board approve the installation of an additional heat pump system to provide temperature control for the Evidence Storage area at the Sheriff Administration Offices at 2555 Midpoint Drive.   The Board agreed that this was necessary in order to provide an acceptable temperature controlled environment for employees utilizing this work space.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the use of an estimated $40,000 of Courthouse Sales Tax funds for the HVAC Upgrade for the Evidence Storage Area at 2555 Midpoint Drive. 

 

Motion carried 2-0.

 

7.  COMMISSIONER REPORTS:   The Board reviewed their recent activities, during which Commissioner Gaiter recommended appointing Lee Tucker to the Boxelder Stormwater Authority Board, based upon the results of the joint interview conducted with Mr. Tucker during the previous week.

 

M O T I O N

Commissioner Gaiter moved that the Board of County Commissioners approve the appointment of Lee Tucker to the Boxelder Stormwater Authority Board, contingent upon approval of the Town of Wellington.

 

Motion carried 2-0.

 

8.  LEGISLATIVE UPDATE:  Mr. Gluckman updated the Board on pending legislation.

 

9.   WORKSESSION:   Mr. Lancaster explained the Mental Health Collaboration Program Grant application that was pulled from the consent agenda.  He noted that it was an in-kind match that would be satisfied with staff time, coordinating rooms, etc. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve Mental Health Collaboration Program Grant application, as presented.

 

Motion carried 2-0.

 

Mr. Lancaster then explained that Larimer County has assumed the lease for the building that the County Attorney occupies; however, the County Attorney has been unsuccessful in recovering his lease deposit from the landlord due to the way that the lease is written.  Mr. Lancaster suggested that Larimer County reimburse the County Attorney for the deposit, in order to simplify the issue.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners allocate $13,157.13 from the general fund’s carryover balance to cover the cost of the lease security deposit for the County Attorney’s office space.

 

Motion carried 2-0.

 

Finally, Mr. Lancaster requested the Board forward any agenda items they would like to discuss for the upcoming joint meeting with the City of Fort Collins and the City of Loveland 

 

10.  LEGAL MATTERS: 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 2-0.

 

The meeting recessed at 10:30 a.m., with no further action taken.

 

 

LIQUOR LICENSE HEARING FOR VILLA TATRA, INC.

 

The Board of County Commissioners reconvened at 1:30 p.m. with Linda Connors, Assistant County Attorney.  Chair Pro-Tem Donnelly presided and Commissioner Gaiter was present.  Also present were Lisa Anthony, Court Reporter; Denise Ruybal, Clerk and Recorder’s Office; and Tamara Slusher, Deputy Clerk.

 

Ms. Anthony swore in the applicant, Maciej Kusnierz.

 

Ms. Connors reviewed the contents of the application and clarified for the record that publication of this hearing was posted in the Estes Park Trail Gazette on both March 12, 2010, and March 19, 2010. 

 

Mr. Kusnierz stated that the posting was visible in the front entrance of the premises from March 4, 2010, until April 5, 2010.  At this time Ms. Connors presented Exhibits A1 and A2, photos of the posting at the premises.

 

Ms. Connors entered into the record Exhibit B, a petition demonstrating the needs and desires of the surrounding neighborhood.  Mr. Kusnierz stated that there was no opposition to this application during his circulation of the petition.

 

Ms. Connors questioned Mr. Kusnierz’s knowledge of the liquor laws of the State of Colorado and he stated that he is familiar with the law, having held a liquor license in Larimer County previously, and intends to perform refresher training as it applies to this new type of license.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the application for Hotel and Restaurant Liquor License for Villa Tatra, Inc., doing business as Villa Tatra, located at 729 Pinewood Drive, Lyons, Colorado.  The license will not be issued until a physical inspection of the premises has been conducted.

 

Motion carried 2-0.

 

There being no further business, the hearing adjourned at 1:50 p.m.

 

 

 

 

__________________________________________

                        STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Tamara L. Slusher, Deputy Clerk

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk

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