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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, December 10, 2012

 

EXECUTIVE SESSION

 

The Board of County Commissioners met at 10:00 a.m. with Linda Hoffmann, County Manager. Chair Gaiter Presided and Commissioner Johnson was present. Commissioner Donnelly participated via tele-conference. Also present were: Neil Gluckman, Commissioners’ Office; and Gael Cookman, Deputy Clerk.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

The executive session ended at 10:50 a.m., with no action taken.

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Traci Shambo, Engineering Department; Doug Ryan, Environmental Health Department; Rob Helmick and Eric Fried, Planning Department; William Ressue, County Attorney's Office; and Melissa Lohry, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance and noted that the following item was on the consent agenda and would not be discussed unless requested by a member of the Board, staff, or the audience.

 

1.         CHAPMAN FARMS CONSERVATION DEVELOPMENT (CD) AMENDED PLAT AND OLANDER FARMS CONSERVATION DEVELOPMENT REVOCATION, FILE #12-S3137:   The original approval for the Chapman Farms CD occurred in 2004 and was tied to the approval of the General Development Plan (GDP) for this and the companion project Olander CD. The Olander CD Preliminary Plat was approved a year later. Since that time, the Chapman Farms CD final plat was approved and construction completed on the improvements for the development. While the Olander CD final plat was submitted, it has never been completed. 

 

The current request is joined due to the companion nature of the original GDP approval and the need for certain “joint” improvements. There are three aspects to this proposal:

 

1.    Revocation of the Preliminary Plat approval for the Olander CD,

2.    Rerouting of the emergency access for the Chapman Farms CD, and;

3.    Allowing for ownership by any lot in the Chapman CD of any or all of the residual lots.

 

Mr. Olander has indicated that he no long wishes to pursue completion of the development, which creates a need for Mr. Mehlenbacher to reroute the emergency access for the Chapman Farms CD.  Finally, the original CD approval had linked the residual lots ownership to be tied to Lot 7.  This is no longer desirable and the owners wish to be able to allow any owner to own one or all of the residual lots. 

 

The emergency access rerouting is necessary to allow the development to continue to develop on only fire hydrants.  Without the emergency access, the dead-end length of the main road would have required sprinklers to be required.  This will require the ditch easement to be ditch and emergency along the west side of the development form the north end of Lot 5 all the way south to Highway 60.

 

The applicant has also request a reduction or waiver of the fee for processing of this request.  The fee paid was $600, the normal fee for an Amended Plat.  The fee collected in part fund the activities of the Department and therefore the staff cannot support a waiver.

 

Mr. Helmick noted that this item was added to the consent agenda by mistake and asked that the Board remove the item to allow the applicant to discuss their request for a fee waiver.

 

The Board agreed and opened the hearing to the applicant, Michael Mehlenbacher, who requested a waiver of the $600 fee due to the simplistic nature of the application.

 

Discussion ensued between the Board and staff regarding the work required to complete the application.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Chapman Farms Conservation Development Amended Plat and Olander Farms Conservation Development Revocation; file #12-S3137, subject to the conditions outlined above.

 

Commissioner Johnson further moved that the Board of County Commissioners deny the request for a fee waiver.

 

Motion carried 3-0.

 

2.         CLEAN UP COSTS AND EXPENSES INCURED AT 2359 W HIGHWAY 34, DRAKE, FILE #11-CC0238:   This is a request to approve an Order, Assessment, and Lien for Costs incurred by the county. Pursuant to a Notice and Order dated April 24, 2012, the residence on the subject property was designated a dangerous building by the Larimer County Building Official due to substantial damage caused to the residence from a fire that occurred on October 25, 2011. 

 

The owner was directed to abate the danger by demolishing the structure and removing all burned debris from the property. The owner was not insured and did not have the money to clean up the property pursuant to Colorado Department of Health & Environment Asbestos Mitigation Regulations. The owner agreed to allow the County to coordinate the clean up pursuant to the Abatement of Dangerous Buildings Code and establish the clean-up costs as a lien against the property. 

 

An Order for Repair was issued by the Larimer County Building Official on September 26, 2012. The clean-up contract was awarded to Earth Services and Abatement, Inc. ("ESA"). ESA commenced the demolition on October 23, 2012, and final clean up was completed on November 6, 2012. 

 

A report of costs for the demolition and clean-up expenses was mailed to the owner and interested parties by regular mail and/or e-mail on November 26, 2012.  Notice of this hearing was mailed to the property owner and interested parties on November 26, 2012, in addition to appearing in the Loveland Herald newspaper.

 

Mr. Fried explained that the proposed lien and repayment schedule was negotiated by staff, the property owner, and potential buyers of the property.

 

Chair Gaiter noted that the property owner was not present and opened the hearing to public comment. Sherrie and Jeff Hatton addressed the Board and noted that they were interested in purchasing the property; however, they requested some leniency with regards to the repayment schedule.

 

Much discussion ensued between the Board and staff regarding the proposed lien and repayment schedule and the legal options available to the Board.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Order, Assessment, and Lien for Cost, including: $10,000 due on or before June 30, 2013; payments of $500 due on the 23rd day of each month beginning July 23, 2013; and the final payment of $500 due on June 30, 2016.

 

Motion carried 3-0.

 

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

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Clint Jones, Traci Shambo, and Martina Wilkinson, Engineering Department; Doug Ryan, Environmental Health Department; Rob Helmick and Russ Legg, Planning Department; William Ressue, County Attorney's Office; and Melissa Lohry, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance.

 

1.         KECHTER GENERAL DEVELOPMENT PLAT/REZONING FILE #11-S3063 & #11-Z1860:   This is a request for approval of a General Development Plan (GDP); rezoning from FA-1 Zoning to Planned Development within the City of Fort Collins Growth Management Area Overlay; and appeals to certain dimensional and clustering development standards and the timing allowed for GDP completion from 3-years to 20-years; to allow for a 286-acre, 406-unit residential development in the Fossil Creek Reservoir Planning Area.

 

This application was originally scheduled for hearing at the June 2012 Larimer County Planning Commission hearing.  At that time the proposed development plan was a plan which included up to 8 lots in the area of the Resource Management Area (RMA) and more specifically on the “peninsula” of the North Pond. Because the item occurred last on the agenda, the applicants and the agencies concerned with the plan were able to devise an agreement which would avoid building in the peninsula in addition to compromises in other areas.

 

During the Planning Commission meeting in June, 2012, testimony was heard from the City of Fort Collins and several neighbors. The City commented in support of the revised plans and noted some differences in standards for development. Comments received from neighboring homeowner's associations related to concerns regarding an open ditch, access to lakes/ponds, setbacks from the roadways, and traffic impacts.

 

Due to the complexity of issues related to the RMA and the connections necessary due to the nature of infill development, this application has had extensive staff and agency review of both the natural resource and wildlife issues, resulting in a more detailed plan that might be expected for a GDP.    

 

As is often the case with projects of this scale, some of the conditions of approval were composed on the “fly” at the hearing, resulting in questions and inconsistencies.  Therefore, the applicant has proposed some clarifications to the conditions, which have been reviewed and are supported by staff. Those conditions are as follows:

 

1.    Development of the Growth Development Plan shall be as detailed in the revised GDP plan as presented to Planning Commission on July 18, 2012, and in the portions of Exhibit 1, [specifically Sections 5.3.2 through 5.3.7 shall prevail].

 

2.    Development Construction shall be subject to the timing and protocols as detailed in the memo from Mike Figgs, LREP dated July 15, 2012 ("Figgs Memo"), except that references in the Figgs Memo to the Grand Estate Lots are not applicable to the revised GDP.

 

3.    Development phasing shall assure that all utility (water, sewer & drainage) connections, roadway connections and offsite improvements required to serve each phase are included within preliminary plan and final plat submittals for each such phase and installed as a part of such phase of the development. 

 

4.    Any preliminary plan submission shall reflect commitments made by the Applicant on the record during the public hearing before the Planning Commission on July 18, 2012, or subsequently developed and agreed to by the Applicant. This shall include a condition that development will be permanently restricted on Tract A; the specific form of and parties to any document implementing such restriction will be developed by the Applicant prior to submittal of a preliminary plan.  The area of the RMA allowed to be developed may be up to 28%.

 

Chair Gaiter opened the hearing to the applicant and Tom Dougherty, Linda Ripley, Matt Delich, and Carolyn White addressed the Board, each discussing a different aspect of the proposal, including the layout, landscaping, and traffic.

 

Chair Gaiter then opened the hearing to the public and Jim Ringenberg, adjacent property owner and representative of the Kechter Farm Estates Homeowner's Association, addressed the Board in support of the application.

 

Lea Ann Supe, Jim Nelson, Tom Sanders, Lee Bradford, and Stephanie Feller addressed the Board in opposition to the project due to land use, wildlife, and traffic impacts.

 

Ms. Ripley and Mr. Delich readdressed the Board to assure nearby land owners that traffic and wildlife will be very closely monitored during construction.

 

Gerald Craig addressed the Board regarding possible effects of the proposed density on area wildlife. Mr. Craig assured the Board that the proposed 28% density increase, as outlined in the application, will probably have a negligible effect on wildlife.

 

The Board thanked the applicant for their work with the City of Fort Collins, Larimer County, and surrounding landowners, to find reasonable compromises and addressing individual concerns.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Kechter General Development Plat/Rezoning, file #11-S3063 and #11-Z1860, subject to the conditions above and representations made at the hearing, including:

 

A.        The developer shall install fencing or screening along the northern boundary of the proposed development, as detailed by Ms. White during the applicant's portion of the hearing; and

 

B.        The developer shall plant additional trees, pursuant to Section 5.4.3, on page 74 of the packet provided to the Board of County Commissioners for this hearing.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 9:15 p.m.

 

 

TUESDAY, DECEMBER 11, 2012

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Gaiter Presided and Commissioners Donnelly and Johnson were present. Also present were:  Neil Gluckman, Donna Hart, and Deni LaRue, Commissioners’ Office;  Mark Peterson, Engineering Department;  Sheriff Justin Smith, Undersheriff Bill Nelson, and Nick Christensen, Sheriff’s Department;  Samantha Mott, Planning Department; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened up the meeting with the Pledge of Allegiance.

 

1.    PUBLIC COMMENT:  Joseph Flannigan voiced his concerns regarding a PID (Public Improvement District) that passed in his neighborhood during the last election.  Mr. Flannigan stated that, in his opinion, most of the residents were not well informed, and those that voiced their objections never heard a response from the county.  He further stated that there had not been a formal engineering study performed in order to determine the exact amount necessary for road repair, drainage and erosion.  Finally, Mr. Flannigan stated for the record, that he believed the vote was invalid. 

 

2.      APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 3, 2012: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of December 3, 2012.

 

Motion carried 3-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 17, 2012:   Ms. Hart 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 following documents, as listed on the consent agenda outlined below:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petition for Abatement is approved:  Generation H One and Two Limited Partnership c/o Stevens & Associates.

 

12112012R001           FINDINGS AND RESOLUTION APPROVING THE ANDELT SUBDIVISION PLAT VACATION

 

12112012R002           RESOLUTION REGARDING EXTENSION OF APPROVAL – LOVELAND HEIGHTS LOTS 11 & 12

 

12112012R003           RESOLOUTION REGARDING EXTENSION OF APPROVAL – NATURE ESTATES LOT 1 AND OUTLOT A

 

12112102R004           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOTS 81, 82, & 83, CRYSTAL LAKES 11TH FILING AND VACATION OF UTILITY AND GUY EASEMENTS

 

Motion carried 3-0.

 

5.    FORMALLY RECOGNIZING TWO LOTS AS SEPARATE LEGAL LOTS:  Ms. Mott explained that Lot 10 in the Stratton Park Estates was split into two lots in October of 1972, after the subdivision was approved.  Ms. Mott requested that the Board recognize the two portions of Lot 10, as separate legal lots eligible for building permits.   

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve of recognizing two lots as separate legal lots in the Stratton Park Estates 1st Filing Subdivison located in the High Park Fire burn out area.

 

Motion carried 3-0.

 

6.  DIRECTION REGARDING A LIQUOR LICENSE APPLICANT:   Ms. Cookman explained that the background check for a liquor license applicant had come back revealing an undisclosed prior conviction.  Discussion ensued and the Board directed Ms. Cookman to schedule a show-cause hearing for the applicant, and to invite the Sheriff’s Department to all liquor license hearings from now on.  

 

7.  UPDATE ON FIRE DANGER AND FIRE CONDITIONS:  Sheriff Smith and Undersheriff Nelson provided an update on the current fire danger and fire conditions.  Discussion ensued, and the Board directed the Sheriff’s Office to work with Deni LaRue to draft a press release reminding citizens to be cognizant of fire danger, even during the winter months.

 

8.  LARIMER EMERGENCY TELEPHONE AUTHORITY (LETA) APPOINTMENT AND REAPPOINTMENT:   Ms. Hoffmann requested that the Board approve appointing Lieutenant Chris Wolf for a two-year term, as a member of LETA representing the small towns in Larimer County, and Chief Randy Lesher to a two-year term as a member of LETA representing the health and hospital districts in Larimer County.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the appointments to the LETA Board, as outlined above.

 

Motion carried 3-0.

 

9.  DESIGNATE PROXY FOR CCI STEERING COMMITTEE ASSIGNMENTS:  Mr. Gluckman discussed the steering committee proxies with the Board.  The Board agreed to designate the following proxies: Agriculture, Wildlife and Rural Affairs – Neil Gluckman; General Government – Neil Gluckman; Health and Human Services – Ginny Riley; Land Use and Natural Resources – Neil Gluckman; Public Lands – Gary Buffington; Taxation and Finance – Neil Gluckman; Tourism, Resorts and Economic Development – Neil Gluckman;   Transportation and Telecommunication – Dale Miller.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County approve the proxy designations for the CCI 2013 Steering Committees, as outlined above.

 

Motion carried 3-0.

 

10.  WORKSESSION:  Ms. Hoffmann mentioned the appreciation event for this evening in recognition for those involved in helping out with the fires and long term recovery efforts.

 

11.  COMMISSIONER ACTIVTY REPORTS:  The Board shared their activities at events during the past week.

 

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

 

The meeting adjourned at 10:25 a.m., with no further action taken.

 

 

 

 

 

__________________________________________

   LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

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