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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, May 2, 2011

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Toby Stauffer and Michael Whitley, Planning Department; Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney’s Office; and Dana Bouchard, Deputy Clerk.

 

Chair Donnelly opened the meeting with the pledge of allegiance and asked for public comment on the County Budget and Land Use Code.

 

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

 

1.         RED FEATHER RANCH LOTS 8 & 11 AMENDED PLAT & LOT SIZE APPEAL, FILE #11-S3030: This is a request to amend the plat to adjust the property line between Lot 8 and Lot 11 of Red Feather Ranch Subdivision.

 

The application includes a lot size appeal to allow one of the resulting lots to be smaller than the minimum lots size of 10.0 acres in the O – Open zoning district. Lot 8 is currently 10.6835 acres and Lot 11 is currently 10.3277 acres. The resultant Lot 1 (formerly Lot 8) would be 12.5047 acres and the resultant Lot 2 (formerly Lot 11) would be 8.5078 acres. 

 

The owner of Lot 11 has a warranty deed from 1977 demonstrating that he owns the property but that deed was never recorded. Because the deed was never recorded the Larimer County Assessor’s records are not up to date and title research does not reflect current ownership.  A proposed condition of approval is that the 1977 deed be recorded and an updated Ownership & Encumbrance Report be provided prior to the recording of the plat and prior to the recording of the findings and resolution of the County Commissioners.

 

Staff recommends approval of the Red Feather Ranch Lot 8 & Lot 11 Amended Plat & Lot Size Appeal, file #11-S3030, subject to the following conditions and authorization for the chairman 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 November 2, 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.    The 1977 warranty deed for Lot 11 shall be recorded and an updated Ownership & Encumbrance Report shall be provided prior to the recording of the plat and prior to the recording of the findings and resolution of the County Commissioners.

 

2.         BARNETT MINOR SPECIAL REVIEW, FILE #11-Z1846:  This is a request for approval of a minor special review for a detached Accessory Dwelling Unit of 800 square feet. 

 

The applicant proposes a detached accessory living unit at their residential use in the Fox Acres Country Club.  The request is for a 756 square foot unit which will be on the revised lot.  A companion application for an amended plat has been submitted and has been recommended for approval to the Board of County Commissioners.  The homeowner association and participating owners in the companion amended plat have not raised any objections to this request. 

 

In review of this request, staff finds that the proposed accessory living unit:

 

·   Will be compatible with surrounding area.  The guest unit is a use consistent with the surrounding area.

 

·   Can meet the requirements of the Code and the additional criteria for an accessory living unit.

 

·   Will not have an adverse impact on surrounding properties, and:

 

·   No referral agency has identified issue or concerns with the proposal.

 

Staff recommends approval of the Barnett Minor Special Review, file #11-Z1846, subject to the following conditions:

 

1.         The Site shall be developed consistent with the approved plan and with the information contained in the Barnett Minor Special Review, file #11-Z1846, 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 Barnett Minor Special Review, file #11-Z1846.

 

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 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 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 is responsible for obtaining all required building permits for (New Residence, Accessory Living Area).  All applicable fees, including permit fees and Transportation Capital Expansion Fees, shall apply to this use. 

 

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

 

6.    The single-family character of the property must be maintained.  The entrance(s) to the accessory living area must not be visible from any road.

 

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.       Please continue to list any other applicable conditions.

 

3.         FOX ACRES 2ND FILING LOTS 30, 31 & COMMON PROPERTY #5 AMENDED PLAT, FILE #11-S3027: This is a proposal to amend the plat to allow an accessory structure to be placed on lot 30.

 

The applicant owns an improved lot in the Fox Acres Country Club PUD and now wishes to  add a detached accessory living unit, a companion application is, file #11-Z1846, Barnett MSR.  The current building envelop cannot accommodate both structures.  Each envelop at Fox Acres is surrounded by common area and building envelop/lots are frequently reshaped to accommodated building plans.  This application has the support of the owners of the other participating/affected lots and the HOA at Fox Acres. 

 

Staff recommends approval of the amended plat of Fox Acres 2nd Filing Lots 30, 31 and Common Property 5, file #11-S3027, 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 September 19, 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.         Any covenants, deed restrictions or other conditions of approval that apply to the original lots must also apply to the resultant lots and be noted on the final plat.

 

4.         GLACIER VIEW MEADOWS 5TH FILING LOT 12A & 14 LOT CONSOLIDATION & EASEMENT VACATION, FILE #11-S3028:  This request is to combine two adjacent lots, Lots 12A & 14 of Glacier View Meadows 5th Filing, into one lot and vacate two 10-foot utility easements along the common lot line of the two lots.

 

The proposed Glacier View Meadows 5th Filing, Lots 12A & 14, Lot Consolidation and 20-foot Utility Easement Vacation will not adversely affect any neighboring properties or any County agency.  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.

 

Staff recommends approval of the Glacier View Meadows 5th Filing, Lots 12A & 14, Lot Consolidation and 20-foot Utility Easement Vacation, file #11-S3028, subject to the following conditions:

 

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

 

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

 

3.         The vacation of the utility easement and the reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded.

 

5.         SMITH-WYATT EXEMPTION AMENDED PLAT TRACTS 1 & 2, FILE #11-S3029:  This is a request to amend Tracts 1 & 2 of the Smith-Wyatt exemption, to adjust lot lines so that all improvements are located on Tract 1.

 

Staff recommends approval of the amended plat of tracts 1 & 2 of the Smith-Wyatt Exemption, file #11-S3029, 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 2, 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 requested by the Land Surveyor of the Larimer County Engineering Department.

 

 

M O T I O N

 

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

 

Motioned carried 3-0.

 

6.         COLLAND CENTER SIGN APPEAL, FILE #11-G0212, TABLED ITEM FROM APRIL 11, 2011:  Mr. Lafferty explained that the applicant is requesting to table this item until June 13, 2011, to further work with staff to reach an agreement.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners table the Colland Center Sign Appeal until June 13, 2011.

 

Motion carried 3-0. 

 

7.         RIVERVIEW RV PARK SIGN APPEAL, FILE #11-G0213:  This is an appeal to Sections 10.2.B General Sign Regulations - signs in public roads or rights-of-way and 10.5.E, Prohibited signs - off premise signs, of the Larimer County Land Use Code to allow an existing off-premise sign in the Highway 34 ROW to remain and become larger and move closer to the road.

 

The request would allow the existing sign, which is 32-square feet, 11-feet 8-inches tall, and 40-feet from the edge of the road, to remain in the public right of way, off premise, and allow that sign to increase in size to 50-square feet in sign face area, 17-feet tall, and move closer to the road, 30-feet from the edge of the road.  The code indicates that no off premise signs are allowed in the county and no signs are allowed on or over public roads or rights-of-way unless approval is granted.

 

To meet the current code requirements, the sign would need to be placed on the Riverview RV property.  A 50-square feet sign could be 12-feet tall and setback from the property line 15-feet.

 

The Riverview RV Park also has 2 other off premise signs further east on Highway 34 that advertise the use and indicate its location. The use on the site is considered to be a legal non-conforming use.

 

Staff recommends denial of this request, Riverview RV Park Sign Appeal, given that it is not consistent with the purpose and intent of the code.

 

Chair Donnelly opened the hearing to the applicant and, Roy Youree, an owner of the property, explained that the vegetation around the sign creates poor visibility for passing traffic, especially during the summer months. He also emphasized that this intersection can be dangerous when people who do not see the sign in enough time to turn, slam on their breaks. He believes an increase in sign height would solve these problems.

 

Chair Donnelly opened the hearing to public comment. Karen Harmon, a homeowner across the street, agreed that there were safety issues in this area, but that increasing the sign height would not make any difference. She further expressed her desire to keep the neighborhood aesthetically pleasing, maintaining their view of the mountains as much as possible.

 

Chair Donnelly closed public comment and opened the hearing to the applicant for rebuttal. Mr. Youree reiterated his desire to raise the height of their current sign to increase safety.

 

Discussion ensued regarding the hardship faced by the applicant and the requirements of the Colorado Department of Transportation (CDOT) along this road.

 

Chair Donnelly and Commissioner Gaiter agreed that increasing the sign height would increase the safety in the area. Commissioner Johnson felt the sign could increase in size to meet the Larimer County Land Use Code, but did not see justification for increasing the height.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners grant the, Riverview RV Park Sign Appeal, pursuant to the following conditions:

 

            1. Upon approval the applicant shall seek approval from CDOT for the location and size of the structure and evidence of that approval shall be provided to the planning department within 30 days of the date of this approval.

 

            2. Upon approval the applicant shall apply for a permit and receive all inspections for the proposed sign.

 

            3. The sign will not be expanded, moved, or changed so as to be a different size or increase the non-conformity in the future.

 

            4. No additional freestanding sign shall be added to the property.

 

            5. All other current and future signs shall comply with land use and building codes.

 

            6. This approval is given only for the sign as indicated in the project materials.

 

            7. This approval does not constitute approval of the use, number of structures, or location of structures on the site.

 

Motion carried 2-1, Commissioner Johnson dissenting.

 

There being no further business, the Board adjourned at 3:45 p.m.

 

 

TUESDAY, MAY 3, 2011

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Deni LaRue, Commissioners’ Office; Mark Peterson and Rusty McDaniel, Engineering Department; Carol Block, Finance Department; John Gamlin, Human Resources Department; Marc Engemoen, Public Works Department; Dale Miller, Road and Bridge Department; Nick Christensen, Sheriff’s Department; and Dana Bouchard, Deputy Clerk.

 

1.         PUBLIC COMMENT:        Paul Ehrlich addressed the Board regarding clarification of the law concerning the allowance of fencing through a river on his property. Mr. Ehrlich explained that he needs to have fencing through the river in order to contain his grazing animals and discourage trespassing.

 

The Board thanked Mr. Ehrlich for his comments and stated they would follow up with the Planning Department and County Attorney to clarify what the law allows.

 

Mel Hilgenberg commended Sheriff Justin Smith, and the Sheriff’s Department for putting on a great program the previous Friday. He also thanked the county for providing a great program on natural gas.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 25, 2011:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of April 25, 2011.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 9, 2011:  Mr. Gluckman reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

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

 

05032011A001           COURTHOUSE SECURITY SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND U.S. SECURITY ASSOCIATES, INC

 

05032011A002           CONTRACT FOR TECHNICAL ENERGY AUDIT AND PROJECT PROPOSAL BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND AMERESCO, INC

 

MISCELLANEOUS:  Letter of support to the Natural Resources Conservation Service (NRCS).

 

LIQUOR LICENSES:  The following licenses were approved and issued: Eloy’s Restaurant & Lounge – Tavern – Fort Collins; and Mishawaka Inn – Tavern – Bellvue.

 

Motion carried 3-0.

 

5.         PROPOSED REVISIONS TO HUMAN RESOURCES POLICY AND PROCEDURE 331.4 SECTION XIV – SUBSTANCE ABUSE PREVENTION AND THE LARIMER COUNTY EMPLOYEE HANDBOOK SECTION ON SUBSTANCE ABUSE PREVENTION:  Mr. Gamlin presented the proposed policy to the Board, which would require all new employees and the majority of temporary employees to be drug tested upon hire. The policy would be effective as of June 1, 2011.

 

Discussion ensued regarding the financial repercussions of this new policy. The Board agreed that this policy would have a positive impact on Larimer County.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the proposed changes to Human Resources Policy and Procedure 331.4, Section XIV, Substance Abuse Prevention and Employee Handbook section on Substance Abuse Prevention to be effective June 1, 2011, as amended by Commissioner Johnson.

 

Motion carried 3-0.

 

6.         USE OF MAGNESIUM CHLORIDE FOR ROAD MAINTENANCE ON POLE HILLS ROAD IN ESTES PARK:  Mr. Engemoen and Mr. Miller addressed some recent concerns regarding the condition of a section of Pole Hill Road, which is owned by Larimer County.

 

Staff explained that this is a gravel road and the county does not have the money to pave it. They try to maintain it as best as possible but have stopped using magnesium chloride because of its negative effects on the environment.

 

The Board suggested staff survey the surrounding neighbors to get an opinion on maintenance procedures. Staff agreed, and said they would follow up with the results.

 

7.         COUNTY ROAD 28/ COUNTY ROAD 19 INTERSECTION IMPROVEMENTS UPDATE:  Mr. Peterson and Mr. McDaniel briefly talked about the status of this project, which will improve the safety and capacity of the intersection.

 

8.         ASSISTANT COUNTY MANAGER WORKSESSION:  Mr. Gluckman had no items to discuss.

 

9.         LEGISLATIVE UPDATE: Commissioner Gaiter confirmed that Colorado Counties, Inc. (CCI) is monitoring the one dollar surcharge accepted by Recording Departments for documents submitted by e-recording. The Board will monitor CCI’s position on this issue.

 

10.       COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the previous week.

 

There being no further business, the meeting adjourned at 10:45 a.m.

 

 

WEDNESDAY, MAY 4, 2011

 

EXECUTIVE SESSION

 

The Board of County Commissioners met at 12:30 p.m. with Neil Gluckman, Assistant County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Myrna Rodenberger, and Irene Josey, Treasurer’s Department; Lorenda Volker, Human Resources Department; and Dana Bouchard, Deputy Clerk.

 

Mr. Gluckman requested the Board go into Executive Session to discuss personnel matters.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

The Board came out of Executive Session and the following action was taken:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Larimer County Separation Waiver and Release Agreement dated May 4, 2011.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 1:00 p.m.

 

 

 

 

__________________________________________

   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Dana Bouchard, Deputy County Clerk

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