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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, November 14, 2011

 

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioner Gaiter was present. Also present were:  Brenda Gimeson, Planning Department; Jeff Goodell, Engineering Department; Doug Ryan, Environmental Health Department; Bill Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code.  No one addressed the Board with public comment. 

 

Chair Donnelly noted that item number 1, the Parker MRD Tracts A & B Amended Plat, File #11-S3070, was being removed from the agenda at the applicant’s request. 

 

Chair Donnelly then explained that the following item is on consent and would not be discussed unless requested by the Board or members of the audience:

 

2.  PEARL CREEK ESTATES RLUP AMENDED PLAT, RESIDUAL LOT J, FILE #11-S3072:   This is a request to relocate the building envelope for Residual Lot J about 100 feet to the west of its current location.

 

This property is located approximately 5 miles northwest of Red Feather Lakes off of County Road 73C and Huron Road, in the Pearl Creek Estates R.L.U.P.   The property is currently zoned E-1 Estate and that will remain the same.  The Pearl Creek Estates R.L.U.P. received final approval in June 2005.  The project contained 177 acres and was approved with10 Residual Lots, each with the ability for a single-family residence.  Each residual lot included a building envelope that limits the development area.  Only a few of the lots in this development have sold and built upon. 

 

This request is to move the platted building envelope 100 feet to the west of the existing location to facilitate a preferred location of the homesite.  The lot line will remain the same and the existing access point will remain unchanged.  All covenants, deed restrictions and other conditions which applied to the original Rural Land Use Plan will continue to apply.  This proposal meets the review criteria.  In addition, there will be no changes to the historic drainage because of this change.

 

There were four responses from the technical referral agencies.  There were no major concerns for this proposal. 

 

The proposed Amended Plat for Residual Lot J, Pearl Creek Estates R.L.U.P. meets all conditions of approval stated in Section 5.7.3 of the Larimer County Land Use Code.

 

Staff recommends approval of the Pearl Creek Estates R.L.U.P.  Amended Plat, Residual Lot J, file #11-S3072 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 May 14, 2012, or this approval shall be null and void.

 

2.   Prior to the recordation of the Final Plat, the application shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

M O T I O N

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

Motion carried 2-0.

 

There being no further business, the hearing adjourned at 3:05 p.m.

 

 

TUESDAY, NOVEMBER 15, 2011

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Donnelly presided and Commissioner Gaiter was present.  Also present were:  Donna Hart, Deni LaRue, Commissioners’ Office; Andy Paratore, Troy Griffin, Stacey Baumgarn, and Michael Kirk, Facilities and Information Technology Department; Patty Crow, US EPA Region 8 Energy Star Program; Sheriff Justin Smith, and Nick Christensen, Sheriff’s Department; David Ayraud, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

1.         PUBLIC COMMENT:   Joe Sullivan explained that he will be out of town during the hearing for the proposed Bingham Hill Events Center; therefore, he began addressing his concerns and commenting on the application.  Chair Donnelly explained that they could not hear his “testimony” at this time as it could be considered an ex parte communication, and asked Mr. Sullivan to put his comments in writing for the Board to review at the hearing.

 

Mel Hilgenberg commended the Sheriff’s Department for their professional service, and he had comments regarding the issue of on-line sales tax. 

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 7, 2011:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of November 7, 2011.

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEKS OF NOVEMBER 21, 28, AND DECEMBER 5, 2011:   Ms. Hart reviewed the schedules for the upcoming weeks.

 

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:

 

11152011R001           RESOLUTION BY LARIMER COUNTY, COLORADO APPROVING A TRANSFER FROM US CABLE OF COASTAL-TEXAS L.P. TO BAJA BROADBAND, LLC 

 

MISCELLANEOUS:  Public Trustee Third Quarter Report, 2011; Medical Marijuana Licensing Local Verification Form for Flower Power Botanicals, LLC.

 

LIQUOR LICENSES:  The following licenses were approved and/or issued:   Young's Liquor - Retail Liquor Store – Fort Collins. 

 

Motion carried 2-0.

 

5.         ESTES PARK LOCAL MARKETING DISTRICT OPERATING PLAN:   Cory Blakeman, Bill Arnold, and Lee Lasson provided an update on the Estes Park Local Marketing District Operating Plan and highlighted their accomplishments thus far. 

 

6.         LARIMER COUNTY JUSTICE CENTER WINS ENERGY SAVING BUILDING COMPETITION:  Mr. Baumgarn introduced a number of individuals that made up the 8th Judicial District Green Team, and who took part in the 2011 EPA Energy Star National Building Competition.  Mr. Baumgarn then introduced Patty Crow, from the EPA Region and Energy Star Program.  Ms. Crow presented a plaque to the 8th Judicial District Green Team, as winners of the Building Competition “Courthouse Category.”  Ms. Crow noted that the team collaborated and utilized a variety of strategies to reduce the total building energy use by 9.1%.  The Board commended Mr. Baumgarn and the entire 8th Judicial District Green Team for this accomplishment. 

 

7.         SHERIFF’S QUARTERLY UPDATE:   This item was postponed until further notice.

 

8.         DISCOVERY PRESERVATION POLICY:  Mr. Ayraud presented the Policy and Procedure for Discovery Presentation, and requested approval on the same.   He explained that this will outline good and acceptable practices for discovery of county owned data and electronic data, in order to preserve it for litigation or potential litigation.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners adopt the Administrative Policy and Procedure 700.1A Discovery Preservation, as presented.

 

Motion carried 2-0.

 

9.        COUNTY MANAGER WORKSESSION:   There were no worksession items to discuss.

 

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

 

11.       LEGAL MATTERS:  There were no legal matters to discuss.

 

 

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

 

 

 

__________________________________________

   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

 SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

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