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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, September 27, 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 Gaiter and Donnelly were present. Also present were:  Russ Legg, Planning Department; Brenda Gimeson, Rural Land Use Center; Ed Woodward, and Jeff Goodell, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, 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.  

 

Chair Johnson explained that item 1 is on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.   MORNING STAR COMMUNITY CHURCH MINOR LAND DIVISION AND APPEAL, FILE #10-S2982:  The purpose of a Minor Land Division is to provide for the timely review of proposed land divisions that do not discernibly impact surrounding properties, environmental resources or public facilities.  Minor Land Divisions can be used for divisions of properties that have more than one existing legal principle use that are utilizing separate utilities.  This property has two separate legal uses.  A Special Exception to allow the medical clinic in the O-Open zoning district and a variance to allow two principle uses on one property was granted by the Board of Adjustment in 2003.

 

The subject property is located in at the east end of Main Street in Red Feather Lakes.  With this application, the applicant is requesting to divide the existing lot into 2 separate lots.  The medical clinic will be located on one lot and the parsonage will be located on the other lot.  The proposal will create one additional lot. 

 

The existing parcel is located in the O-Open zoning district which has a minimum lot size of 10 acres.  The existing lot and resulting proposed lots will meet the minimum lot size requirements, therefore, this application includes an appeal to the minimum lot size requirements.  The current lot size is 2.68 and the proposed lots will be 0.82 and 1.86 acres in size. 

Both uses currently share the use of the one well on the property which will be located on proposed Lot 1.  Because the two uses share the use of the well this proposal includes an appeal to the requirement that the separate uses have separate utilities.  Staff has received documentation from the Division of Water Recourses that the two separate uses can continue to share the one well even if they are on separate lots as long as the ownership for both lots remains the same.

 

The Development Review Services Team is recommending approval of this Minor Land Division and the associated appeals.  Staff has not received any objections or opposition to this request at this time.

 

No neighbors have made any comments on the Minor Land Division at this time.  Additionally, the following Larimer County and outside review agencies had the following comments on the proposed Minor Land Division and appeals:

 

·   Land Surveyor with the Larimer County Engineering Department identified technical corrections needed on the plat. 

·  The Larimer County Engineering Department provided general advisory comments that would apply to any future improvements or development proposed on the property and provided comments regarding drainage patterns.  They also requested a minimum 20 foot wide access easement across Lot 1 for access to Lot 2.

·  Code Compliance staff indicated there are no known building code issues.

·  The Division of Water Resources indicated that if the County approves the proposed land division both uses can continue to use one well as long as the lots remain in the same ownership.  Prior to changing ownership of one of the lots so that each lot has a separate owner both lots will have to have their own well. 

·  The Larimer County Department of Health and Environment indicated that if a shared well is to be utilized than a well sharing agreement will need to be developed and implemented.

·  County Addressing Coordinator indicated there are no addressing concerns with this proposal.

·  The Larimer County Assessor’s Office identified technical corrections needed on the plat.

 

The proposal is consistent with the purpose and intent of the Minor Land Division process as contained in Section 5.4.3 of the Larimer County Land Use Code.  The purpose is to divide one existing lot with two separate principle uses into two separate lots so each principle use is on a separate lot.  One lot will contain the medical clinic and one lot will contain the parsonage.

The minimum lot size appeal and the appeal to the requirement that the two uses have separate utilities comply with the review criteria of Sections 22.2.3, 22.2.4, and 5.4.3 of the Larimer County Land Use Code and should not present any compatibility issues with the surrounding properties and uses.

 

The Development Review Team supports both the Minor Land Division and the two appeals, and finds that this request meets the review criteria for a Minor Land Division.

 

1.   The property is not part of an approved or recorded Subdivision plat.

2.   The property is not part of an Exemption or Minor Residential Development approved under the previous Subdivision Resolution or a Minor Land Division. 

3.   The two proposed lots do not meet the minimum lot size required by the O-Open Zoning District of 10.0 acres.  However, approval of the appeal for a lot size variance will address this standard.

4.   The Final Plat will show a minimum 20 foot wide access easement across Lot 1 for access to Lot 2 or the applicant will have to receive approval from Engineering to allow a 15 foot wide access easement across Lot 1.

5.   Approval of the Minor Land Division will not result in impacts greater than those of existing uses. 

 

Regarding the minimum lot size appeal, the Development Services Team finds:

 

1.   The lot size being proposed is consistent with the pattern of existing lots in the neighborhood.

2.   The proposed lots will have sufficient area to support the intended use of the lots. 

3.   There are special circumstances that support the proposed lot size.

4.   Granting the lot size appeal is consistent with the intent and purpose of this code. 

 

Regarding the appeal to allow the Minor Land Division process to separate to existing uses that share a well, the Development Services Team finds:

 

1.   Approval of the appeal will not subvert the purpose of the standard or requirement.

2.   Approval of the appeal will not be detrimental to the public health, safety or property values in the neighborhood.

3.   Approval of the appeal is the minimum action necessary.

4.   Approval of the appeal will not result in increased costs to the general public.

5.   Approval of the appeal is consistent with the intent and purpose of the Code.

 

The Development Services Team recommends approval of the Morning Star Community Church Minor Land Division File #10-S2982 subject to the following condition(s) and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   All conditions of approval shall be met and the Final Plat recorded by March 27, 2011, 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.

 

3.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by Megan Harrity, Subdivision Supervisor of the Larimer County Assessor’s Office.

 

4.   Prior to recordation of the Final Plat the applicant shall address the following comment from the Larimer County Engineering Department, in Eric Tracy’s letter dated August 27, 2010:

 

Comment #3.  “The proposed plat shows a 15’ driveway easement for Lot 2. We generally require a 40’ easement to accommodate a minimum roadway and drainage swales. Since drainage doesn’t seem to be an issue and the access easement to Grand Drive is only a 20’ easement and there is no future connectivity to adjacent parcels, we can support a variance to this requirement. We believe that the plat should show a minimum 20’ access easement in this case.  That would continue the width of the adjoining access easement and provide enough width to accommodate a roadway that would meet Appendix G standards if needed in the future.  If the applicant believes this is not feasible, they should submit a formal variance request to allow the proposed 15’ with supporting justification.”

 

5.   Prior to recordation of the final plat the applicant shall change the title of the plat to read “Morning Star Community Church Minor Land Division File No. 10-S2982 an exemption from subdivision regulations.”  Revise the Surveyor’s Certificate and Certificate of Ownership and Dedication to match the title.

 

6.   Within 6 months of the date that the Final Plat is recorded proved the Larimer County Panning Department a well sharing agreement for both lots to use the one well or provide documentation that a second well permit has been granted by the Division of Water Resources for Lot 2 of the Minor Land Division.

 

The Development Services Team recommends approval of an appeal to the minimum lot size requirement of 10 acres in the O-Open zoning district found in Section 4.1.5.B.1.a of the Land Use Code to allow Lot 1 of the Morning Star Community Church Minor Land Division File #10-S2982 to be 0.82 acres and Lot 2 to be 1.86 acres.

 

The Development Services Team recommends approval of an appeal to the requirement that both existing legal uses have separate utilities found in Section 5.4.2 of the Land Use Code to allow Lot 1 and Lot 2 of the Morning Star Community Church Minor Land Division File #10-S2982 to share the one existing well.

 

M O T I O N

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

Motion carried 3-0.

The hearing adjourned at 3:05 p.m.

 

TUESDAY, SEPTEMBER 28, 2010

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager.  Chair Johnson presided, and Commissioners Gaiter and Donnelly were present. Also present were:  Donna Hart, and Deni LaRue, Commissioners’ Office; Marc Engemoen, Public Works Division; Mark Peterson, Jerry White, and Charlie Johnson, Engineering Department; Gary Buffington, and Kerri Rollins, Natural Resources Department; Carol Block, Finance Department; Dale Miller, Road and Bridge Department;  and Gael Cookman, Deputy Clerk. 

 

1.   PUBLIC COMMENT:    David Mickelson, Michelle and Oscar Orozco, Bill McClelland and Jack Rutledge voiced their opinion that citizens should be allowed to plow County Road 89, in order to keep their roads accessible during the winter months.  

 

Ed Andrews stated that citizens should not be allowed to plow the roads, as this takes away the livelihood of those being able to charge for this service.

 

Greg Leverette voiced his displeasure at a lack of response from the Board regarding his letter dated June 28, 2010, for financial reporting disclosures/liabilities and oversight of the Human Services Department.

 

Richard Seaworth voiced public safety concerns with 51 junk cars on adjacent property, as they pose a fire risk; he stated that this is a Land Use Code violation, yet staff has not done anything to rectify the situation.

 

Larry Newman, Richard Seaworth, and Lee Tucker again discussed issues with the Boxelder Sanitation District boundaries and their displeasure with the organization of the district as a whole.

 

2.    APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 20, 2010: 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of September 20, 2010, as presented.

 

Motion carried 3-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 4, 2010:   Ms. Hart reviewed the upcoming schedule with the Board.

4.     CONSENT AGENDA:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as listed below:

 

PETITIONS FOR ABATEMENT:   As recommended by the County Assessor, the following Petitions for Abatement are approved:  Elise Sweet; Colorado Precast; David Formanek; Ray Degood; ADA, Inc; Bank of Choice; Judy Debrock Freeman; Emma Louise Warner; Jeannine K Enos Trust; Christian Edwards; Jomida, LLC; Anna Mae Kam Revocable Trust; Kevin Elder and Lisa Morgan. 

 

09282010A001           GRANT AGREEMENT FOR CARTER LAKE CAMPER SERVICES PROJECT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND

 

09282010R001           FINDINGS AND RESOLUTION APPROVING THE EXTENSION OF TIME OF THE MIDORI PLANNED DEVELOPMENT AND PLANNED LAND DIVISION PRELIMINARY PLAT APPROVAL

 

09282010R002           FINDINGS AND RESOLUTION APPROVING THE VACATION OF A PORTION OF A RIGHT-OF-WAY ON COUNTY ROAD 29

 

09282010R003           FINDINGS AND RESOLUTION APPROVING THE MCLEAN MINOR SPECIAL REVIEW AND APPEAL

 

09282010R004           FINDINGS AND RESOLUTION APPROVING THE PETITION OF JEFFERY DONALDSON

 

MISCELLANEOUS:   Agreement and Release between Employee and Larimer County.

 

LIQUOR LICENSES:  The following liquor licenses were approved and/or issued:  City Limit Liquor – Retail Liquor Store – Fort Collins.

 

Motion carried 3-0.

5.   WINTER ROAD MAINTENANCE ON COUNTY ROAD 89:  Mr. Engemoen stated that this matter was being brought before the Board in response to the citizens that were plowing County Road 89 without an agreement or insurance in place.  Mr. Engemoen stated that they do not wish to create obstacles for citizens wishing to take care of their roads in the winter time; however, this policy was put into place by previous commissioners, as a safety precaution.  Discussion ensued, and the Board requested that this topic be discussed in more detail at their worksession scheduled for Thursday, September 30, 2010. 

 

6.  HISTORICAL SIGNIFICANCE AND STRUCTURAL ASSESSMENT OF THE STRANG CABIN:   Mr. Miller requested the ability to apply for a historic structure assessment grant in order to determine the historical significance, structural condition, and possible future preservation of the Strang Cabin that is located on the Road and Bridge Gravel Pit property.   Discussion ensued and the Board wished to visit the site and view the property, prior to making a decision on this request.

 

7.   2010 UNITED WAY CAMPAIGN:   Mr. Buffington and Ms. Block introduced themselves as co-chair of the 2010 United Way Campaign.  They explained that this year’s theme was “Giving Back to your Community is easy as pie!”  And as such, they asked if the commissioners would consider taking part in a pie-eating contest at one of the many events that surround the United Way campaign.  The Board hungrily accepted the challenge.

 

8.   WORKSESSION:  There were no worksession items to discuss.

 

9.   COMMISSIONER ACTIVITY REPORTS:   The Board discussed their activities at events during the past week.

 

10.  LEGAL MATTERS:   Mr. White and Mr. Johnson requested that the Board go into Executive Session to discuss possible acquisition of a Conservation Easement by the Open Lands Program.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into Executive Session for the purpose of discussing possible acquisition of a Conservation Easement by the Open Lands Program.

 

Motion carried 3-0.

 

The Board ended the Executive Session with no further action taken.  The meeting adjourned at 11:45 a.m.

 

__________________________________________

   STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Gael M. Cookman, Deputy County Clerk