MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Russ Legg, Planning Director. Chair Gaiter presided and Commissioner Donnelly was present. Also present were: Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Chad Gray, Planning Department; Dave Shirk, Estes Valley Planning Department; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.
Chair Gaiter opened the hearing with the Pledge of Allegiance and noted that the following items were on the consent agenda and would not be discussed unless requested by a member of the Board, staff, or the audience.
1. HIGH DRIVE HEIGHTS LOT 7 AMENDED PLAT: This is a request to adjust the interior lot line between two existing lots. The purpose of the amended plat is to adjust the lot configuration to equalize the lots sizes (compared to current configuration). No new lots will be created with this amended plat.
Lot 1 is currently conforming to lot size, width, and configuration. The proposed amendment would make this lot nonconforming in lot size, but would still be conforming in lot width and configuration. The Planning Commission approved a minor modification to lot size. Lot 2 is currently nonconforming to lot size, width, and configuration (lot configuration does not comply with subdivision requirement that corner lots be large enough to accommodate two front yard setbacks).
The proposed lot line amendment would alleviate the following Lot 2 nonconformities:
1. The lot would be .53-acres (.50-acre minimum lot size);
2. The lot would be 170-feet wide (75-feet required), and;
3. The lot would accommodate front yard setbacks for the south and west property lines (the main purpose of the amendment is to allow adequate south yard setback from High Drive).
The proposed configuration would provide several neighborhood benefits, including:
1. Tree protection through platting of a ‘no disturb’ area;
2. Minimized number of driveways and culverts and associated drainage issues (development code encourages shared driveways);
3. Mandated separation between driveway location and northern property line and northern neighbors;
4. Removal of old nonconforming driveway on High Drive (in poor maintenance);
5. Provision of new utility easements around the perimeter of the lots, and;
6. Relocation of a sewer easement so that it is centered over the main line.
The two most directly affected property owners have expressed concern regarding this application (owners of northern adjacent properties). Most of the concerns are addressed with the proposed limits of disturbance and location of the driveway easement, as the ‘no disturb’ area would protect a grove of trees located near Larkspur Road, on the western side of the property. The driveway easement is located ten feet from the northern property, which increases the driveway setback from three feet to ten feet.
Staff and the Planning Commission recommend approval of the proposed Amended Plat of Lot 7 Division 5 and a Portion of Division 2, High Drive Heights, with the following conditions:
1. Review and approval of Larimer County Engineering (survey review), which requires letter of approval from Larimer County Engineering prior to mylar being sent for recording.
2. Compliance with conditions outlined in letter to England Surveying dated June 12, 2012. These conditions address site access and formatting issues.
3. An access easement/agreement and recording fee shall be submitted for recordation with the plat mylars.
4. Prior to recordation of the plat, the sanitary sewer easement must be vacated and rededicated to the UTSD, and shall be referenced and graphically delineated on the plat.
2. COUNTY ROAD 29 BRIDGE AT THE BIG THOMPSON FLOODPLAIN SPECIAL REVIEW: This is a request for approval of a Floodplain Special Review to allow the replacement of the bridge deck over the Big Thompson River at County Road 29. The Land Use Code requires a recommendation from the Flood Review Board with a final approval from the Board of County Commissioners through a Floodplain Special Review.
The Flood Review Board met on Thursday, June 28, 2012, and reviewed the report prepared by Ayres Associates, dated May 2012. The Flood Review Board found the analysis to be acceptable and a motion was approved for a favorable recommendation to the Board of County Commissioners, with the following conditions:
1. A Letter of Map Revision must be submitted to FEMA once the project is complete.
Staff and the Flood Review Board recommend approval for the replacement of the bridge deck over the Big Thompson River at County Road 29.
3. ESHELMAN FLOODPLAIN SPECIAL REVIEW: This is a request for approval of a Floodplain Special Review to allow a Letter of Map Revision to be submitted to FEMA to update the existing culvert and driveway crossings together with natural river geometry changes along Fish Creek.
Mr. Eshelman, property owner, has requested approval of a Floodplain Special Review to allow him to submit a Letter of Map Amendment to FEMA that would more accurately illustrate the limits of the floodplain on his property. The original FEMA model did not take into account his culvert and driveway crossings or the detailed topography. The Land Use Code requires a recommendation from the Flood Review Board with a final approval from the Board of County Commissioners through a Floodplain Special Review.
The Flood Review Board and staff recommend approval of the Floodplain Special Review with the following conditions:
1. The applicant shall submit a copy for staff review and approval.
2. Show spot elevations at the location in question, near the culvert.
3. Look at cross section 10025 and internal culver cross section for containment.
4. Add documentation to verify mountain floodway criteria, check xs 9720.
5. Modify text regarding n-values.
6. Remove the extra models.
Van Horn Engineering resubmitted a report to the Larimer County Engineering department for review. Staff has determined that all the conditions of approval have been met by VanHorn Engineering’s newest report, and therefore, recommend approval of the Eshelman Floodplain Special Review.
4. MONTROSE LOT 1 AMENDED PLAT/STAGE COACH BOUNDARY LINE ADJUSTMENT, FILE #12-S3120: This is a request for approval of the Amended Plat of Lot 1 of the Amended Plat of Lots 6-8, Montrose Subdivision, and Lot 1 of Stage Coach Property Development Boundary Line Adjustment and Lot 2 of the Stage Coach Property Development Boundary Line Adjustment (06-S2636).
The applicant proposes to realign property boundaries that were previously described in an Amended Plat and Boundary Line Adjustment. The result will be to create a 23-plus-acre and 3-plus-acre parcel. Both parcels are currently improved and have established accesses. The change increases the size of one parcel from .28-acres to 23-acres and decreases the other from 26-acres to 3-acres. The net effect of the proposal is an improvement to lot sizes, configurations, and utility. No easements or rights-of-way are proposed to be altered or changed with this request.
The Development Services Team recommends approval of the Montrose Lot 1 Amended Plat and the Amended Plat of Stagecoach Boundary Line Adjustment, file #12-S3120, 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 February 20, 2013, 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.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as published above.
Motion carried 2-0.
5. KNOLL CODE COMPLIANCE, FILE #12-CC0049: The owner of the subject property is in violation of Section 4.1.1 FA-Farming of the Larimer County Land Use Code by storing construction and business materials on a vacant lot which is not an allowed use in the FA-Farming zoning district. The property owner is also in violation of the 2009 International Residential Code for constructing a storage building greater than 120-square-feet in size without a building permit.
In their review of the property, staff has found:
1. The property is zoned FA-Farming.
2. The property does not contain a residence; therefore, the outdoor storage is a principal use of the lot, which is not an allowed use in the FA-Farming zoning district.
3. A Special Exception would not be an option since the property is within the Fort Collins Growth Management Area.
Mr. Gray noted that he visited the property earlier in the day and most of the junk and debris had been cleared; however, a few pallets of stone masonry and some firewood remained.
Chair Gaiter opened the hearing to the property owners and Patrick Knoll addressed the Board. Mr. Knoll stated that he had moved the business materials, firewood, and prefabricated building onto the property for storage. He noted that he was not aware that the shed required a building permit, as it was prefabricated.
Commissioner Donnelly asked Mr. Knoll if he intended to obtain a building permit for the building, and Mr. Knoll stated that he did not; however, he was willing to remove the lean-to he constructed as an addition to the prefabricated building, which should result in the building being less than 120-square-feet.
Chair Gaiter opened the hearing to public comment. Donna Wynship and Marie Timmerman, neighbors, requested the Board require Mr. Knoll to remove the remaining junk and debris from the property due to its impact on their property values.
Some discussion ensued between the Board and Mr. Gray regarding the items allowed to remain on the property.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners set a deadline of 60-days to bring the property into compliance, require compliance as shown below, and authorize legal action of the property is not in compliance by the deadline. Compliance includes:
1. Removal of all construction and business material.
2. Removal of all junk and debris associated with the construction and business material.
3. Obtain a building permit for the shed, remove the shed, or reduce the size of the shed to less than 120-square-feet in size.
Motion carried 2-0.
There being no further business, the meeting adjourned at 3:45 p.m.
TUESDAY, AUGUST 21, 2012
ADMINISTRATIVE MATTERS MEETING
The Board of County Commissioners met at 10:30 a.m. with Linda Hoffmann, County Manager. Chair Gaiter presided, Commissioner Donnelly was present, and Commissioner Johnson joined via teleconference. Also present were: Donna Hart and Deni LaRue, Commissioners’ Office; Rusty McDaniel and Ron Winne, Engineering Department; Gary Buffington, Natural Resources Department; David Ayraud, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.
Chair Gaiter opened the meeting with the pledge of allegiance.
1. PUBLIC COMMENT: Mel Hilgenberg updated the Board on cultural happenings in the area and described his recent experience with the Human Services Department.
Eric Sutherland addressed the Board and discussed some of his local economic concerns.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 13, 2012:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the minutes as presented.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULES FOR THE WEEKS OF AUGUST 27, 2012, AND SEPTEMBER 3, 2012: Ms. Hart reviewed the schedules for the coming weeks.
4. CONSENT AGENDA:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as presented below:
ABATEMENTS: As requested by the County Assessor, the following requests for abatement of taxes were approved: WalTrust Properties, Inc. and Integrated Capital Fort Collins Development, LLC.
08212012A001 EXPENDITURE AUTHORIZATION FOR THE “GET INTO WATER” PROJECT GRANT, FY11 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY WORKFORCE CENTER, AND THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT
08212012A002 INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LARIMER EMERGENCY TELEPHONE AUTHORITY
08212012A003 DEVELOPMENT AGREEMENT FOR SARATOGA ESTATES 2ND PLANNED LAND DIVISION, FILE #10-S3004, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY
08212012A004 BOSWORTH’S ADDITION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DELBERT LEE WATKINS, DEBORAH MAY HIGHFILL, AMANDA RAYLENE HIGHFILL KENDROT, TANNER KENT HIGHFILL, AND BETTY E. HOUT
08212012A005 DEVELOPMENT AGREEMENT FOR ANDELT SUBDIVISION, FILE #11-S3077, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, WILLIAM F. ANDELT, AND SUSAN H. ANDELT
08212012R001 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF CERTAIN RIGHTS-OF-WAY FOR BOSWORTH’S ADDITION, BLOCK 9, LOTS 1-4; AND BLOCK 10, LOTS 15-18
08212012R002 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR SARATOGA ESTATES 2ND PLANNED LAND DEVELOPMENT, FILE #10-S3004
MISCELLANEOUS: Saratoga Estates 2nd Planned Land Division, Final Plat; Andelt Subdivision, Final Plat; Administrative Policy and Procedure 100.2L Signature Authority for County Documents; Larimer County Core Services Program; and Stipulation as to Tax Year 2009/2010 Actual Value – Agilent Technologies Inc.
LIQUOR LICENSES: Colorado Rogues – Special Event 6% – Fort Collins; Branding Iron Liquor – Retail Liquor Store – LaPorte; Athletes in Tandem Inc – Special Event 6% – Fort Collins; Columbine Lodge – Special Event 3.2% – Bellvue; Fort Collins Hospitality LLC, doing business as Plaza Inn – Fort Collins.
Motion carried 3-0.
5. SUPPLEMENTAL AGREEMENT TO THE INTERGOVERNMENTAL AGREEMENT FOR WEST VINE DRAINAGE BASIN: Mr. McDaniel explained that after the 1997 flood event in the Fort Collins area, Larimer County and the City of Fort Collins entered into an Intergovernmental Agreement (IGA) for Stormwater Cooperation to make improvements in the West Vine Drainage Basin. As part of the agreement, the county implemented a stormwater utility in the unincorporated portion of the West Vine Basin. Staff would now like to supplement the 1997 Agreement for the purposes of design and possible construction of a portion of the West Vine Project.
Furthermore, the county is currently working to analyze the feasibility of a stormwater outfall channel from a proposed stormwater detention pond at the intersection of Taft Hill Road and West Vine Drive, extending northeasterly and eventually intersecting with the Cache la Poudre River in the vicinity of North Shields Street.
Upon completion of the engineering analysis, staff hopes to have sufficient funds to construct the lower portion of the outfall channel from Vine Drive to the Poudre River. The channel design and construction would be scheduled to coincide with the design and construction of the replacement of the bridge on North Shields Street over the Poudre River and the road improvements to North Shields Street from Vine Drive to Willox Lane.
Mr. McDaniel noted that the proposal has been met with favorable reactions by neighboring residents and requested that the BCC approve the Supplemental Agreement to the original IGA between the County and City of Fort Collins.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the Supplemental Agreement to the original Intergovernmental Agreement for Stormwater Cooperation between Larimer County and the City of Fort Collins.
Motion carried 3-0.
6. COUNTY MANAGER WORKSESSION: Ms. Hoffmann updated the Board on the status of the voluntary separation application review process and requested authorization to sign on behalf of the county at the time of final separation. The Board agreed and gave Ms. Hoffmann authorization.
Ms. Hoffmann informed the Board that the annual United Way Campaign Committee had reconvened and requested the Board set a fundraising goal for the county. After some discussion, the Board agreed to allow the committee to set the goal, noting that the amount should be at least equal to the amount raised the previous year.
Finally, Ms. Hoffmann detailed discussions she had with the Town Administrator of Estes Park, regarding the need for increased communication and interaction between the Estes Park Town Board, Estes Valley Planning Department, and the Board of County Commissioners.
The Board agreed that communication could be improved and authorized Ms. Hoffmann to arrange a meeting for further discussion.
7. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their attendance at events during the last week.
8. LEGAL MATTERS: Mr. Ayraud requested the Board go into executive session regarding the Estes Park Local Marketing District Lodging Tax Intergovernmental Agreement.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners go into executive session for conferences with an attorney, as outlined in 24-6-402 (4)(b) C.R.S.
Motion carried 3-0.
The Board emerged from executive session and made the following motion.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve and adopt the Agreement for Distribution of Payments in lieu of taxes from Larimer County to the Estes Park Local Marketing District.
Motion carried 3-0.
08212012A006 AGREEMENT FOR DISTRIBUTION OF PAYMENTS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE ESTES PARK LOCAL MARKETING DISTRICT
There being no further business, the Board adjourned at 11:30 a.m.
LEW GAITER III, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Melissa E. Lohry, Deputy Clerk