Elk in Rocky Mountain National Park
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, December 20, 2010

 

 

 

BUDGET ADOPTION HEARING

 

The Board of County Commissioners met at 10:00 a.m. with Frank Lancaster, County Manager.  Chair Johnson presided and Commissioners Donnelly and Gaiter were present.  Also present were:  Robert Keister, and Deni LaRue, Commissioners’ Office; and Tamara Slusher, Deputy Clerk.

 

Mr. Keister explained that the purpose of the hearing was to approve the 2010 Amended Budget, to adopt the proposed 2011 budget, and to set Mill Levies.  Mr. Keister noted that the 2010 budget would be revised from $290,638,601 to $320,789,078 with the net effect on the ending 2010 being increased by $30,149,477.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve a Notice and Resolution to Transfer Funds and Amend Budget.

 

Motion carried 3-0.

 

12202010R001           NOTICE AND RESOLUTION TO TRANSFER FUNDS AND AMEND BUDGET

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve a Resolution to Adopt the 2011 Budget and Set Levies.

 

Motion carried 3-0.

 

12202010R002           RESOLUTION TO ADOPT THE 2011 BUDGET AND SET LEVIES

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve Resolutions to Adopt 2011 Budgets and Set Levies for all other entities.

 

Motion carried 3-0.

 

12202010R003           LARIMER COUNTY GID #1 IMPERIAL ESTATES RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R004           LARIMER COUNTY GID #2 PINEWOOD SPRINGS RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R005           LARIMER COUNTY GID #4 CARRIAGE HILLS RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R006           LARIMER COUNTY GID #8 NAMAQUA HILLS RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R007           LARIMER COUNTY GID #10 HOMESTEAD ESTATES RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R008           LARIMER COUNTY GID #11 MEADOWDALE HILLS RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R009           LARIMER COUNTY GID #12 CLUB ESTATES RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R010           LARIMER COUNTY GID #13A RED FEATHER RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R011           LARIMER COUNTY GID #14 LITTLE VALLEY ROAD RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R012           LARIMER COUNTY GID #16 KITCHELL SUBDIVISION RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R013           LARIMER COUNTY GID #17 COUNTRY MEADOWS RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R014           LARIMER COUNTY GID #18 VENNER RANCH RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R015           LARIMER COUNTY PID #19 HIGHLAND HILLS RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R016           LARIMER COUNTY PID #20 PTARMIGAN RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R017           LARIMER COUNTY PID #21 SOLAR RIDGE RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R018           LARIMER COUNTY PID #22 SADDLEBACK RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R019           LARIMER COUNTY PID #23 EAGLE ROCK RANCHES RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R020           LARIMER COUNTY PID #24 WESTRIDGE RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R021           LARIMER COUNTY PID #25 ESTATE PARK ESTATES RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R022           LARIMER COUNTY PID #26 EAGLE RANCH ESTATES RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R023           LARIMER COUNTY PID #27 CROWN POINT RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R024           LARIMER COUNTY PID #28 TROTWOOD RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R025           LARIMER COUNTY PID #29 VINE DRIVE RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R026           LARIMER COUNTY PID #30 POUDRE OVERLOOK RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R027           LARIMER COUNTY PID #31 FOOTHILLS SHADOW RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R028           LARIMER COUNTY PID #32 CHARLES HEIGHTS RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R029           LARIMER COUNTY PID #33 PRAIRIE TRAILS RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R030           LARIMER COUNTY PID #34 MOUNTAIN RANGE SHADOWS RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R031           LARIMER COUNTY PID #35 BRUNS RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R032           LARIMER COUNTY PID #36 BONNELL WEST RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R033           LARIMER COUNTY PID #37 TERRY COVE RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R034           LARIMER COUNTY PID #38 CENTRO BUSINESS PARK RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R035           LARIMER COUNTY PID #40 PARAGON ESTATES RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R036           LARIMER COUNTY PID #41 THE BLUFFS RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R037           LARIMER COUNTY PID #42 COTTONWOOD SHORES RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R038           LARIMER COUNTY PID #39 RAINBOW LAKES RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R039           LARIMER COUNTY PID #43 GRAYHAWK KNOLLS RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R040           LARIMER COUNTY PID #46 KORAL HEIGHTS RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R041           LARIMER COUNTY PID #47 PARK HILL RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R042           LARIMER COUNTY PID #48 PUEBLA VISTA ESTATES RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R043           LARIMER COUNTY PID #49 WAGON WHEEL RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R044           LARIMER COUNTY GID #1991-1 ARAPAHOE PINES RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R045           PUBLIC TRUSTEE RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

12202010R046           LARIMER COUNTY PEST CONTROL RESOLUTION TO ADOPT 2011 BUDGET AND SET LEVIES

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve a Resolution to Appropriate Sums of Money for 2011.

 

Motion carried 3-0.

 

12202010R047           COUNTY OF LARIMER RESOLUTION TO APPROPRIATE SUMS OF MONEY FOR 2011

 

Discussion ensued regarding the Resolution to Designate 2011 Ending Fund Balances.  Mr. Lancaster recommended that the Board delay approval of this resolution until Tuesday, December 21, 2010, at the Board’s weekly Administrative Matters meeting, pending revisions to the resolution.  No motion was made on this resolution.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Certification of Levies and Revenue.

 

Motion carried 3-0.

 

12202010R048           2011 BUDGET YEAR CERTIFICATION OF LEVIES AND REVENUE BY LARIMER COUNTY COMMISSIONERS

 

The Board thanked Mr. Keister, his staff, and all county departments for their hard work on preparing the county budget, noting that each year the budget is reduced, while revenues are maintained, and reserve accounts remain healthy.  Discussion ensued regarding property tax trends and the preparations the county is making to remain financially healthy in years to come.

 

There being no further business, the hearing recessed at 10:45 a.m.

 

 

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Johnson presided and Commissioners Donnelly and Gaiter were present.  Also present were:  Toby Stauffer, Rob Helmick, and Brenda Gimeson, Planning Department; Jeff Goodell, Engineering Department; Jeannine Haag, County Attorney; and Tamara Slusher, Deputy Clerk.

 

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

 

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

 

1.         GLACIER VIEW MEADOWS 9TH FILING, LOTS 129 AND 130 LOT CONSOLIDATION, AND UTILITY EASEMENT VACATION, FILE #10-S3007:   This request is to combine two adjacent lots, Lots 129 and 130 of Glacier View Meadows 9th Filing, into one lot and vacate two 10-foot utility easements along the common lot line of the two lots.

 

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:

 

·  The Larimer County Department of Health and Environment; 

·  The Larimer County Engineering Department; and

·  The Larimer County Addressing Section

 

The Code Compliance Section indicates that there is an outstanding building permit on the properties. The owners can contact the Code Compliance staff to receive assistance on how to re-activate the permit. Please see details in the Code Compliance letter.

 

The Larimer County Assessor’s office has provided a new legal description for the consolidated lot.

 

This action will not adversely affect any neighboring properties or county agencies.  No additional lots will be created, and no services will be affected.  Staff finds that this request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Glacier View Meadows 9th Filing, Lots 129 and 130 Lot Consolidation, and 20 foot Utility Easement Vacation, File #10-S3007, subject to the following conditions:

 

  1. All conditions of approval shall be met and the final resolution recorded by June 20, 2011, or this approval shall be null and void.

 

  1. The resultant lot is subject to any and all covenants, deed restrictions, or other conditions that apply to the original lots.

 

  1. The vacation of the utility easement and the reconfiguration of the lots lines shall be finalized at such time when the Findings and Resolution of the County Commissioners is recorded.

 

2.         HOME TO HEAVEN MINOR SPECIAL REVIEW, FILE #10-Z1825:   This is a request for the Board to approve a pet animal veterinary clinic that is 936 square feet in size and has less than 200 square feet of outdoor animal use in the FA-Farming zoning district. 

 

The applicant operates a mobile veterinary euthanasia service and would like to expand operations to include an on-site clinic use on the property.  This request would allow up to four pets a day to be euthanized at her office location.  No other treatments or procedures other than euthanasia will be conducted on the premises.

 

The property is a 35-acre lot with an existing house, a barn, and a detached garage.  A building permit was issued in 2010 for an interior remodel to the detached garage to convert a portion of the building to private offices.  This permit included an addition to the building for storage.  The portion of the building that is currently used for office work is the area that would also be used as the on-site clinic.  The proposed clinic would be approximately 936 square feet in size.  The owner currently lives on site, and this request includes no new construction.

 

The office would be open for appointments from 9:00 a.m. to 4:00 p.m., Monday through Friday.  Emergency hours would be very limited and only offered, as needed, during the middle of the night.

 

The number of clients coming to the site will be limited to four per day Monday through Friday, and there will be no outdoor display or storage areas.  This request does include a limited number of special events that would be pet memorial services limited to 20 people either within the building or directly adjacent to it.

 

With the current Land Use Code regulations,  any pet animal veterinary clinic with 2500 square feet or less (all indoor), and up to 200 square feet of outdoor animal use in the FA-Farming zoning district, requires approval from the Board of County Commissioners through the Minor Special Review process. 

 

The site is located adjacent to the Johnstown city limits on the south and west.  It is located approximately one-quarter mile west of County Road 1 to the south of Golden Fields Lane.  The area and is characterized by large lot residential and agricultural properties.  The applicant did conduct a neighborhood meeting, and no issues were identified by any of the attendees at that time.  Additionally, no issues have been identified in the referral process.

 

Staff supports the Minor Special Review use as described, and there are no remaining concerns for this request.

 

The following review agencies reviewed the proposed Minor Special Review and issued the following comments:

 

1.   The Larimer County Engineering Department has noted that they do not have any major issues or concerns with this application but they did indicate that Transportation Capital Expansion Fees will be required for this new use. 

 

2.   The Larimer County Department of Health and Environment has noted that the concerns of their office have been addressed by the applicant with the project submittal.  The septic system is designed to treat domestic sanitary sewage only and medical wastes may not be discharged into the system. 

 

3.   The Larimer County Building Department indicated that, if the use is approved, the applicant will have to apply for a change of occupancy permit and comply with the Fire Department requirements. 

 

4.   The Larimer County Addressing Coordinator has indicated that a secondary address is not required unless the business intends to have a separate land line phone.  If a second land line phone is created, the business use shall have a new address assigned to it. 

 

5.   The Larimer County Code Compliance Section has indicated that there are no known building code issues related to this application. 

 

The Development Services Team finds that the proposal:

 

  • Is compatible with the existing and allowed uses in the surrounding area and in character with the neighborhood.

 

  • Is a use which is located consistent with the Master Plan,

 

  • Can be developed consistent with requirements and standards of the Code,

 

  • Will have no adverse impact on the surrounding area, and;

 

  • Can be constructed and operated consistent with the recommendations of the referral agencies that commented.

 

The Development Services Team recommends approval of the Home to Heaven Minor Special Review, File #10-Z1825, subject to the following conditions:

 

  1. The Site shall be developed consistent with the approved plan and with the information contained in the Home to Heaven Minor Special Review, File #10-Z1825, 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 Home to Heaven Minor Special Review, File #10-Z1825.

 

  1. 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 in a manner consistent with the approved Minor Special Review, the applicant agrees that, in addition to all other remedies available to county, 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 county must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, applicant agrees to pay all expenses incurred by county; including, but not limited to, reasonable attorney’s fees.  County may conduct periodic inspections of 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.

 

  1. 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.

 

  1. The owner is responsible for obtaining all required building permits for any new construction associated with the use including any interior remodeling or change of occupancy permits.  All applicable fees, including permit fees and Transportation Capital Expansion Fees, shall apply to this use.

 

  1. The outdoor animal use area is limited to 200 square feet.

 

  1. 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.

 

  1. Prior to commencing the new use, the applicant will have to apply for a change of occupancy permit with the Larimer County Building Department and receive all the appropriate inspections and approvals.

 

  1. The applicant will have to comply with the Fire Department requirements.

 

  1. The applicant will have to pay the applicable Transportation Capital Expansion Fees.

 

  1. A secondary address will be required if a second land line phone is created for the business use.

 

3.         SUMMIT COMMERCIAL CENTER CONDOMINIUMS AMENDED CONDOMINIUM MAP AND EASEMENT VACATION:   This is a request to amend the Summit Commercial Center Condominium Map by eliminating Unit A and associated building envelope, and incorporating the same into the General Common Element for the condominium association.  This request also includes a request to vacate an existing two and a half foot sewer easement, which runs along the southern boundary of the property.

 

The Summit Commercial Center Condominiums were approved by the Board of County Commissioners on February 28, 2000.  The approval of the Condominium Map included the following condition: 

 

The applicant agrees that, in the event an application for a PD (Planned Development) is not approved by Larimer County for the subject site, the structure identified on the Summit Commercial Center Condominium Map as “Building A – Unit 21” will be removed from the site within a time period determined by Larimer County.  

 

Since the original approval of the Condominium Map, the applicant has contemplated a PD (Planned Development) to keep Building A (Unit 21), but such an application has never been approved.  As such, the applicant has removed the building as conditioned by the original approval and is now converting that space in the Condominium to a General Common Element for the overall Condominium Association.  In addition, two and a half feet of the sewer utility easement servicing the original building is also being vacated by this approval, as it no longer serves any purpose.

 

The Development Services Team recommends approval of the Summit Commercial Condominium Map Amendment and Utility Easement Vacation, File # 10-S3006, and authorization for the chair to sign the Amended Map or Findings and Resolution, when the Condominium Map or Findings and Resolution are presented for signature.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

4.         SOUTH NOKOMIS LAKE, BLOCK 20, LOTS 1 AND 2 LOT CONSOLIDATION AND COVELLI FEE APPEAL:   This request is to combine two adjacent lots, Lots 1 and 2, Block 20, of South Nokomis Lake subdivision into one lot and a fee appeal to reduce combined fees from Lot Consolidation and Setback Variance applications. The two projects are proceeding concurrently.  The variance for a new cabin on the property will be heard by the Board of Adjustment on December 28th, 2010. The total fees for both applications is $1100.00: $600.00 for the lot consolidation and $500.00 for the variance application. 

 

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:

 

·  The Larimer County Department of Health and Environment; and  

 

·  The Larimer County Engineering Department.

 

The proposed South Nokomis Lake, Block 20, Lots 1 and 2 Lot Consolidation will not adversely affect any neighboring properties or any county agencies.  The Lot Consolidation will not result in any additional lots, and no other services will be affected.  The staff finds that the request meets the requirements of the Larimer County Land Use Code.  If partial fees are paid for staff time and for the direct costs of processing both applications, then the fee appeal request is consistent with the review criteria.

 

The Development Services Team recommends approval of the South Nokomis Lake, Block 20, Lots 1 and 2 Lot Consolidation and Covelli Fee Appeal, File # 10-S3008, a request to combine two lots in the South Nokomis Lake Subdivision, and waive a portion of fees associated with this application and Variance Request 10-BOA0831, subject to the conditions as listed below:

 

1.   A fee of $600.00 shall be paid to cover staff time and the direct costs of application processing, copying, postage, notices, and public hearings.  This would result in a $500.00 application fee waiver.

 

2.   All conditions of approval shall be met and the final resolution recorded by June 20, 2011, or this approval shall be null and void.

 

3.   The resultant lot is subject to any and all covenants, deed restrictions, or other conditions that apply to the original lots.

 

The applicant, James Covelli, stated that he had no objections to the staff report or the conditions as outlined above.

 

Discussion ensued regarding covering the direct costs to the Planning Department, with the Board asking for assurance from Staff that this reduction in fees is appropriate.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the South Nokomis Lake, Block 20, Lots 1 and 2 Lot Consolidation and Covelli Fee Appeal, File #10-S3008, subject to the conditions as outlined above.

 

Motion carried 3-0.

 

5.         FREEMAN FEE APPEAL:  This is a request to waive planning application fees associated with the Freeman Setback Variance, File #10-BOA0835 .  This application is proceeding concurrently with a setback variance request on the same property. The applicant requests relief from the application fees for the variance application, File #10-BOA0835, to be heard by the Board of Adjustment on December 28, 2010. The fee for the application is $500.00.

 

The owners have recently taken over the property to clean up the land and rebuild portions of the house. The applicant requests relief from the fees, given that the project is funded by the Larimer Home Improvement Program, the owners have taken out a loan with the county to fund the project, and the project has a limited budget.

 

The Development Services Team recommends approval of the Freeman Fee Appeal, File #10-G0207, a request to waive a portion of fees associated with Variance Request 10-BOA0835, subject to the condition as listed below:

 

1.   The direct costs of application processing, copying, postage, notices, and public hearings shall be paid.  The direct costs are estimated to be $100.00.  This would result in a $400.00 application fee waiver.

 

Seth Freeman, the applicant, and Richard Ekwall, a representative from the Loveland Housing Authority and Larimer Home Ownership Program, detailed for the Board the extent of the repairs made on the property, as well as the financing procedures for the program.  Discussion ensued regarding deed restrictions, the character of the neighborhood, and the direct costs incurred during the application process.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Freeman Fee Appeal, File #10-G0207, subject to the condition listed above.

 

Motion carried 3-0.

 

6.         DRY CREEK RESERVOIR ESTATES RURAL LAND PLAN:   This item was removed from the agenda at the request of Staff and the applicant. No motion was made on this item.

 

7.         SINNER MINOR LAND DIVISION AND FEE APPEAL:   The applicant’s family owns two aliquot quarter of a quarter of a section parcels near the upper end of Rabbit Creek along CR 82E.  The proposal is to divide off a smaller parcel from one of them to allow the applicant to initially reconstruct a historic barn and to eventually construct a residence on the site.  The two parcels currently are vacant, and each is a separate legal building lot.  If this proposal were to proceed as initially proposed, there exists the potential for there to be three building lots, where only two currently exist.  Ten acres from the 82 acres would result in a 72-acre balance that could be divided into two 35+ acre sites.  Staff has discussed options with the applicant, including dividing off a slightly larger parcel that would result in a less than 70-acre remainder, allowing only the same number of building sites as currently exist.  The Minor Land Division (MLD) process is generally not used to create new building sites; however, in this case, it appears that, if the result is no new sites, Staff can support the proposal.  Due to the costs and slightly different nature of the request, the applicant has provided sketches of the proposal rather than the survey plat that is usually required.  A standard MLD plat will be required, if the proposal is approved.

 

Staff finds that this request to create two lots from an 82-acre site meets the general criteria for a Minor Land Division. There will be no net change in density, and the parcels are not a part of any prior county approval.  No agency has identified any significant issues with the proposal.  The fee appeal is unique, in that it is a family transfer and will not result in any additional development.  It has been normal procedure to reduce fees to reflect direct costs which (with notice, publication and copying) usually results in an expense of about $300.00.  The Team offers this as a discussion point for the Board of County Commissioners and makes no specific recommendation.

 

The Development Services Team states that these findings must relate to the review criteria, as stated in the code, and must also address any appeals to the standards.

 

The Development Services Team recommends Approval of the Sinner Minor Land Division File #10-S3050, 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 June 20, 2011, or this approval shall be null and void.

 

2.   The following fees shall be collected at building permit issuance for new single family dwellings:  Larimer County fees for County and Regional Transportation Capital Expansion.  The fee amount that is current at the time of building permit application shall apply.

 

3.   A standard and complete MLD plat shall be prepared for recording. 

 

4.   The plat shall reflect an access easement of 40 feet in width that connects the new parcel to CR 82E.

 

5.   The plat shall include all 82 acres.  The resulting lots shall be sized such that the larger lot is no larger than 69.5 acres, and the smaller is larger than 13 acres. 

 

6.   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

 

The Development Services Team makes no specific recommendation with respect to the Fee Appeal.

 

The applicant, Randall Sinner, addressed the Board, explaining his intent to rebuild a historical barn on the property and his financial burden.  Discussion ensued regarding the direct costs to the Planning Department associated with this application.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Sinner Minor Land Division, File #10-S3050, subject to the conditions as outlined above, and authorize  the Chair to sign the plat when the conditions are met and the plat is presented for signature

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners levy a $1000 application fee for the Sinner Minor Land Division, File #10-S3050.

 

Motion carried 3-0.

 

8.         MATTOCH APPEALS:  The applicant requests that the Board of County Commissioners remove a condition of approval, imposed in 2008 on the Minor Land Division, which created this parcel.  In addition, the applicant requests the Board of County Commissioners grant approval to an appeal allowing that he not be required to acquire and install public sewer to the site for the construction of one single family dwelling.  The parcel in question was originally part of an exemption approved in 1979, which then split from the developed portion in 2008.  At that time (2008) an MLD was applied for and approved, splitting the existing home on 2.3 acres from the balance of the property.  This was done with an appeal to the criteria of a MLD, which does not allow for previously exempted parcels to further be divided with an MLD.  At that time, a hardship existed, as described by the applicants; in that it was necessary to sell a portion of the property to care for an elderly parent.  That spilt was approved with the condition that no further development, including a building permit, could occur on the vacant parcel without the approval of a full land division application. 

 

The applicant purchaser has indicated that, in the future, he does wish to develop the site consistent with the Growth Management Area requirements but that, in this economy, the only vehicle available for him to purchase the site is through a residential construction loan, he needs to be able to build a house in order to acquire the property. 

 

The Development Services Team finds that the applicant has demonstrated, and the review reveals, that the appeals requested do meet the approval criteria.  Specifically, the request does not subvert the intent of the code in providing for orderly development that will preserve values and ensure services, which is the minimum action necessary, and will not result in additional costs or burdens to the public.  Upon demonstration to the Team and to the Board of County Commissioners that the providers and jurisdiction are satisfied with the request and that the site is suitable for an on site sewer system, the request can be found to be consistent with code.

 

The Development Services Team recommends approval of the Mattoch Appeals, File #10-G0206, subject to the following condition: 

 

1.   The following fees shall be collected at building permit issuance for new single family dwellings--Poudre School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County

 

Scott Mattoch explained that he wishes to purchase the lot from the current owner; however, the only way he is able to obtain financing for the purchase of this lot is to apply for a construction loan for the building of one residential home. Because the original conditions of approval were restricted, the construction of one home is currently prohibited.  Mr. Mattoch further explained that he would, in the future, follow the appropriate application process to subdivide the remaining area of the lot.

 

Discussion ensued regarding the proposed building layout, the private easement along the east line of the lot, the financial burden on the seller, and the difficulties associated with selling the lot under its current restrictions.

 

Chair Johnson opened the hearing to public comment.  Susan Cole, Diane Marschke, Kerry Brookman, Atul Goel, and Gary Priest addressed the Board to inquire about the possibility of future development, the access rights to the lot, and to express their concerns about the potential changes in the character of the neighborhood.

 

Discussion ensued regarding the City of Fort Collins Growth Management Area boundaries, the Minor Land Division process, and the existing sewer and sanitation services on the property.  The Board expressed their desire to see a more formal plan for future development prior to allowing construction on this lot. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners deny the Mattoch Appeals, File #10-G0206.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 4:35 p.m.

 

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager.  Chair Johnson presided, and Commissioner Gaiter was present.  Also present were:  Donna Hart, Neil Gluckman, and Deni LaRue, Commissioners’ Office; Charlie Johnson, Engineering Department; Gary Buffington, and Kerri Rollins, Natural Resources Department; Gael Cookman, Clerk and Recorder’s Office; Linda Connors, Jeannine Haag, and Bill Ressue, County Attorney’s Office; and Tamara Slusher, Deputy Clerk.

 

1.         PUBLIC COMMENT:  John Schmid addressed the Board and requested clarification on the dates of operation of the Pope Seasonal Camp.  Mr. Schmid stated that he was under the impression that the camp was only allowed to operate between March 1 and September 30, and presented a flyer stating that a basketball camp was to be held at the location this week.

 

Chair Johnson stated that he will have Planning Department staff review the file and respond to Mr. Schmid’s concerns as soon as possible.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 13, 2010:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of December 13, 2010.

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 27, 2010:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA

 

M O T I O N

 

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

 

PETITIONS FOR ABATEMENT:  As recommended by the Larimer County Assessor, the following petition for abatement is approved:  Melinda M. and Robert T. Harrison.

 

12212010A001           CLAIMS SERVICE AGREEMENT – WORKERS COMPENSATION BY AND BETWEEN TRISTAR RISK MANAGEMENT AND THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO

 

12212010A002           SUPPORT TO OTHER ENTITIES FUND CONTRACT #COMMUNITY OUTREACH-010-2011 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO, FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HUMAN SERVICES OF LARIMER COUNTY AND NORTH RANGE BEHAVIORAL HEALTH

 

12212010A003           SUPPORT TO OTHER ENTITIES FUND CONTRACT #COMMUNITY OUTREACH-011-2011 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO, FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HUMAN SERVICES OF LARIMER COUNTY AND LARIMER CENTER FOR MENTAL HEALTH

 

12212010P001            ADMINISTRATIVE POLICY AND PROCEDURE 100.15B CIVIL RIGHTS ACT OF 1964:  TITLE VI COMPLAINT PROCEDURE

 

12212010R003           RESOLUTION TO DESIGNATE ENDING 2011 FUND BALANCES

 

MISCELLANEOUS:   Department of Human Services Payments for November 2010.

 

LIQUOR LICENSES:  The following licenses were approved and/or issued:  Odell Golf LLC dba Mountain Vista Greens – Optional Premises – Fort Collins; Windjammer Roadhouse LLC – Tavern – Loveland; Archer & Archer LLC dba Poudre Spirits and Wine – Retail Liquor Store – Bellvue; Little d LLC dba Mishawaka Inn – Transfer of Ownership.

 

Motion carried 2-0.

 

5.         THREE BELL I AND II CONSERVATION EASEMENTS AND A DEED OF TRAIL EASEMENT:   The Open Lands Advisory Board (OLAB) is recommending purchase of the two conservation easements covering 378 acres, which encompass 1.5 miles of the Poudre River. The financial partnership includes Great Outdoors Colorado (GOCO), the City of Fort Collins, the Town of Windsor, and the donation of a portion of the easement value from Timnath Farms Investments, LLC. This proposal also includes a recommendation to accept the donation of a Deed of Trail Easement covering 1.2 miles of the Poudre River Trail, which is also an important segment of the Colorado Front Range Trail.

 

Discussion ensued regarding the advantages of this approval, including the conservation of 378 acres; conservation of 1.5 miles of the Poudre River; preservation of an active bald eagles nest; public access by means of the continuation of the Poudre River Trail extending from the River Bluffs Open Space, on which the county has recently completed a public trail; an underpass under Hwy 392; a bridge across the Poudre River; and a trailhead.

 

Mr. Johnson detailed the geographic and financial information for each conservation easement, stating that the success of this project was achieved through the cooperation of several local entities:  Larimer County, the City of Fort Collins, the Town of Windsor, Great Outdoors Colorado, and Timnath Farm Investments, LLC.  Mr. Buffington also noted that, even though the acquisition totals $519,109.00, the property is worth well over $2,000,000, according to appraisals.

 

The Board expressed their support, and gratitude for the partnerships that are making this project a success. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve resolutions and deeds for expenditure of sales tax dollars for the purchase of Three Bell I and Three Bell II Conservation Easements and the donation of a Deed of Trail Easement.

 

Motion carried 2-0.

 

12212010D001           DEED OF CONSERVATION EASEMENT FOR THREE BELL I BY TIMNATH FARM INVESTMENTS, LLC IN FAVOR OF LARIMER COUNTY, COLORADO

 

12212010D002           DEED OF CONSERVATION EASEMENT FOR THREE BELL II BY TIMNATH FARM INVESTMENTS, LLC IN FAVOR OF LARIMER COUNTY, COLORADO

 

12212010D003           DEED OF TRAIL EASEMENT BETWEEN TIMNATH FARM INVESTMENTS, LLC AND THE BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY, COLORADO

 

12212010R001           RESOLUTION AUTHORIZING THE PURCHASE OF A CONSERVATION EASEMENT ON THE THREE BELL I PROPERTY

 

12212010R002           RESOLUTION AUTHORIZING THE ACQUISITION OF A CONSERVATION EASEMENT ON THE THREE BELL II PROPERTY

 

6.         2011 COLORADO COUNTIES, INC STEERING COMMITTEE PROXY:   Mr. Gluckman and Mr. Lancaster explained that, in the event the Board could not attend a committee meeting, a proxy should be appointed on their behalf.  Discussion ensued, and the Board agreed that action on this item should be delayed until all affected Board members and staff could be present.  No motion was made on this item.

 

7.         COUNTY MANAGER WORKSESSION:  Mr. Lancaster had no items to present at this time.

 

8.         COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the past week.

 

9.         LEGAL MATTERS:  Mr. Lancaster, Ms. Connors, Ms. Haag, and Mr. Ressue requested that the Board enter into Executive Session for the purpose of seeking legal counsel regarding litigation on a Land Use Code violation, and the discussion of personnel matters.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners go into Executive Session for the purpose of discussion of personnel matters, as outlined in 24-6-402(4)(f) C.R.S.

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners waive the Employee Early Separation Program deadline to allow Eloise Campanella of the Sheriff’s Office to participate in the program.

 

Motion carried 2-0.

 

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 regarding litigation on a Land Use Code violation, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 2-0.

 

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

 

 

 

 

                                                                                                                                               

STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

                                                                                   

Tamara L. Slusher, Deputy County Clerk

 

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