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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, JANUARY 28, 2013

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Clint Jones, Engineering Department; Doug Ryan, Environmental Engineering Department; Savannah Benedick, Rob Helmick, Samantha Mott, and Karin Madson, Planning Department; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance and explained that the following items were on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience.

 

1.         LEGACY HEIGHTS CONSERVATION DEVELOPMENT PLAN, PHASE 2, TIME EXTENSION, FILE #04-S2244:   This is a request to extend the Phase 2 Amended Plat and collateral submittal to January 28, 2015.

 

On February 22, 2005, the Board of County Commissioners approved the preliminary plat for the Legacy Heights Conservation Development. The final plat was approved on October 11, 2005, and recorded on October 12, 2005. 

 

As the Development Agreement states, the applicant’s intent is to develop this property in two phases; Phase 1 includes 37-single-family residential lots and Phase 2 includes 17-single-family residential lots. The first phase has been completed: all improvements have been constructed and the lots are buildable. The Development Agreement states that the developer is required to submit an Amended Plat and Development Agreement for Phase 2 within two years of the effective date of the Development Agreement, September 1, 2007.  The Agreement also states that the applicant is required to post collateral for the improvements for Phase 2 within two years.  In March of 2008, an amendment to the Development Agreement was passed to extend the September 1, 2007, deadline to September 1, 2009. Since that time, the applicant has not provided the required submittals described above due to the current state of the economy and is requesting an extension.

 

As outlined in the amended Development Agreement, failure to complete the above process by September 1, 2009, requires a re-evaluation of the construction standards and requirements for Phase 2 in order to identify if an extension can be granted without modifications to the approved plans. 

 

The Development Services Team has reviewed the Development Agreement and requirements for Phase 2 and find that the requirements outlined still apply today.

 

The Development Services Team recommends Approval of the extension of the Amended Plat and collateral submittal for Legacy Heights Conservation Development, file #04-S2244, subject to the following conditions:

 

1.    Submittal of the amended plat and collateral shall be no later than January 28, 2015.

 

2.    All conditions outlined in the Development Agreement approved on October 11, 2005, Reception #2005-0087125, shall continue to apply.

 

 

2.         LAUREL WOOD PLANNED LAND DEVELOPMENT PRELIMINARY PLAT TIME EXTENSION, FILE #04-S2245:   This is a request for a second time extension for the Laurelwood Planned Land Division Preliminary Plat Approval.

 

On September 19, 2005, the Board of County Commissioners approved the preliminary plat for the Laurelwood Planned Land Division, a development consisting of five single-family residential lots and two outlots on 14.52-acres, inside the Loveland Growth Management Area Overlay Zone; and the applicant submitted the final plat application on December 28, 2005.

 

According to the Land Use Code, the applicant has one year, from the time the final plat is submitted to complete the necessary review and record the development. The applicant request an extension the one-year timeframe, which was granted by the Board of County Commissioners in 2010. However, the downturn in the economy has kept this project from moving forward and approval of the final plat has not yet occurred. Therefore, the applicant has requested a second time extension.

 

As stated in the Land Use Code, Section 5.13.4 J(3), the Commissioners will consider the following criteria when reviewing a preliminary plat extension request:

 

a.         Conditions in the neighborhood have not changed significantly since the original approval;

 

b.         The approved preliminary plat is consistent with any amendments to the Land Use Code adopted since the original approval; and

 

c.         The applicant demonstrates that the extension is necessary because there have been factors beyond his or her control that prevented the submittal of the final plat.

 

Staff has reviewed the original Findings and Resolution and find that the standards for the neighborhood or the Land Use Code have not significantly changed since the preliminary plat approval for this subdivision. Additionally, the current state of the economy demonstrates that an extension is necessary at this time. As was applied in 2010, the resubmittal of the final plat will include half the submittal fees and be based upon the standards at the time of the original approval.

 

The Development Services Team recommends approval of the Second Two-Year Time Extension of the preliminary plat for the Laurelwood Planned Land Division, file #04-S2245, subject to the following conditions:

 

1.         Submittal of the final plat shall be no later than January 28, 2015.

 

2.         The final plat fee shall be half of the application fee, when submitted.

 

3.         The standards for review of the final plat application shall be the same as those in effect when the preliminary plat was originally approved.

 

4.         All conditions outlined in the findings and resolution approving the Laurelwood Planned Land Division preliminary plat, recorded on December 19, 2005, at reception #20050107861, shall continue to apply.

 

 

3.         GLEN HAVEN SUBDIVISION AMENDED PLAT OF LOTS 8, 9, AND A PORTION OF LOT 41, BLOCK 2 AND PORTIONS OF LOTS 27-30, 41, & 42, BLOCK 11, FILE #12-S3145:   This is a request to amend the plat to reconfigure lot lines for Lots 8, 9, and a Portion of Lot 41, of Block 2, and portions of Lots 27-30, 41, and 42, of Block 11, in the Glen Haven Subdivision.

 

All properties are located in the Glen Haven Subdivision, recorded in 1913,  just north of Fox Creek Drive. The topography of the area, combined with the technology of the time lead to an original survey that was not entirely accurate. A resurvey by the Bureau of Land Management in 1975 revealed an accurate reading of the block corners in this subdivision. In addition, the owners of the center parcel of this amended plat legally described their boundary lines by Quiet Title in 1985. At that time, quit claim deeds were filed but no amended plat was recorded. This amended plat, according to Van Haven Surveying, is an attempt to legally describe these lots of Glen Haven.

 

The proposed amended plat for the above referenced lots will not adversely affect any neighboring properties or any county agency. Nor will the proposed amended plat result in any additional lots. The amended plat is intended to provide an accurate description of the subject lots per the resurvey completed in 1975.

 

The Development Services Team recommends approval of the amended plat to reconfigure lot lines for Lots 8, 9, and a portion of Lot 41, of Block 2, and portions of Lots 27-30, 41, & 42, of Block 11, in the Glen Haven Subdivision, file #12-S3145, 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 July 22, 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.

 

4.         DAVIS CONSERVATION DEVELOPMENT, FILE #12-S3097 :  This is a request for approval of a preliminary plat for a Conservation Development on 46.71-acres, creating six residential lots, two residual lots (24.3-acres with a building envelope and .25-acres), and one outlot (1.95-acres). The applicant also seeks approval of an appeal to Section 8.14.1.R of the Land Use Code regarding connectivity.

 

This item was on the consent agenda for the Planning Commission Public Hearing on December 19, 2012. This item remained on the consent agenda.  Staff provided background information to the Planning Commission regarding the Conservation Development and Appeal and the appropriate motions for approval. There were some questions from the Planning Commission regarding access.

 

The Planning Commission recommends that the Board of County Commissioners approve the Davis Conservation Development and appeal to Section 8.14.1.R of the Land Use Code, file #12-S3097, subject to the following conditions:

 

1.    The final plat shall be consistent with the approved preliminary plan and with the information contained in the Davis Conservation Development, file #12-S3097 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 Davis Conservation Development.

 

2.    The following fees shall be collected at building permit issuance for new single family dwellings: Thompson School fee, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Regional and Community Park Fees (in lieu of dedication). The fee amount that is current at the time of building permit application shall apply. 

 

3.    All new homes within the Conservation Development must install residential sprinkler systems.  This information must be noted on the plat as follows:  “All new residential structures in the Davis Conservation Development are required to be protected by approved residential fire-sprinkler systems.  Fire-sprinkler plans must be submitted to Loveland Fire Rescue Authority Community Safety Division for review and permit prior to commencing installation.”

 

4.    All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation.  The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

5.    Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

 

6.    The secondary emergency access point and agricultural access point shall not be used by the new lots generated by this development as an access to the county road.

 

7.    The required asphalt apron onto the County Road needs to be shown on the construction plans.

 

8.    The existing mailboxes and fencing shall be shown to be relocated outside of the right-of-way.

 

9.    All utility lines must be placed underground.

 

10.   The applicant shall modify the plat to reflect the following changes:

a.         Revise the plans to show Lot 2 as a building envelope for Residual Lot A.

b.         Clarify that building located in any of the building envelopes must meet the applicable zoning district setbacks as well.

c.         Rename Residual Lot B to Outlot B.

 

5.         CARLE SUBDIVISION LOTS 1B AND 1C LOT CONSOLIDATION, FILE #12-S3147:   This is a request for approval of a Lot Consolidation to combine lots 1B and 1C of the Amended Replat of Carle Subdivision into one lot. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.

 

This request is to combine two adjacent lots, 1B &1C of the Amended Replat of Carle Subdivision, into one lot.  The lots access Powderhorn Drive and all are owned by the same person.  There is currently one existing residence on the properties.

 

The Development Services Team recommends approval of the Lot Consolidation for the Lots 1B &1C Carle Subdivision, file #12-S3147, subject to the following conditions:

 

1.    All conditions shall be met and the final resolution of the County Commissioners recorded by July 28, 2013, 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 reconfiguration of the lots lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.

 

6.         HIAWATHA HEIGHTS LOT CONSOLIDATION, LOTS 1-6, BLOCK 1A, FILE #12-S3094:   This is a request for approval to consolidate 6 lots to create a single lot in Hiawatha Heights.

 

The Red Feather Historical Society has owned these lots for several years and recently has completed working with the Assessor’s Office to combine them for tax purposes.  In the future, the Society may put them to use for a Society purpose.  The consolidation creates a more useable large area rather than the six small lots that currently exist.

 

Staff has found that the proposed lot consolidation formalizes how the Historical Society intends to utilize the property and how it has been combined for tax purposes.  No agency or individual has identified an issue with the proposal.

 

The Development Services Team recommends Approval of the Hiawatha Heights Lots 1-6 Block 1A Lot Consolidation, file # 12-S3094, subject to the following conditions:

 

1.    All conditions of approval shall be met and the final resolution recorded by July 29, 2013 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.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Consent Agenda as listed above.

 

Motion carried 3-0.

 

7.         HERONS' HILL SUBDIVISION, FILE #12-S3131:   This is a request for approval of a preliminary plat for a subdivision of 47.6-acres into three lots, two of 10-acres and one of 27.6-acres, request includes appeals to the 8.14.1.M public roads; 8.14.1.R, connectivity; 8.14.7.P access; and 8.14.2 flag lot standards.

 

This application was placed on the Larimer County Planning Commission discussion agenda principally due to comments from one adjoining land owner. This owner has objected to the planned subdivision from its inception. The applicant and staff were in agreement with the recommendations presented at the meeting. 

 

The attorney for the neighbor provided comments prior to the meeting including a sketch of alternative layouts. The applicant also provided a response prior to the meeting and also provided an alternative. The adjoining owner was represented at the meeting by counsel and he presented their arguments regarding the proposed plan. After much discussion the Larimer County Planning Commission determined that they preferred the alternative plan provided by the applicant but chose not to recommend the alternative plan as the only one for Board of County Commissioners consideration. 

 

The Larimer County Planning Commission also discussed the layout and why the application was a subdivision and not a Conservation Development.  In that discussion it was pointed out that part of the argument for doing a subdivision was the location of a habitat enhancement area planted by the applicant.  It was noted by members of the Larimer County Planning Commission that the habitat area preservation was not a specific condition of the approval to proceed as a subdivision but was a part of the record and discussion of the rationale.  After discussion a condition regarding this area was added (#9) at the Larimer County Planning Commission meeting.

 

Staff has evaluated the importance of the habitat area and discussed this with the applicant.  He has proposed a standard for the habitat that would not require review and approval by the CDPW and would essentially utilize the original standards under which the grant to install the area was obtained. Staff supports this alternative as being consistent with the original waiver.

 

Planning Commission recommends that the Board of County Commissioners approve the Heron’s Hill Subdivision and requested appeals to Sections 8.14.1.M public roads; 8.14.1.R, connectivity; 8.14.1.P access; and 8.14.2 flag lot standards of the Larimer County Land Use Code, file #11-S3039:

 

1.    The final plat shall be consistent with the approved preliminary plan and with the information contained in the Herons’ Hill Subdivision, file # 12-S3131, 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 Herons’ Hill Subdivision.

 

2.    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, and Larimer County Regional Park Fees (in lieu of dedication).  The fee amount that is current at the time of building permit application shall apply. 

 

3.    Fire Requirements – All new residential structures will be required to have residential fire sprinkler systems.  The developer shall be responsible for the construction and acceptance of a hammerhead turn around as shown on the plans.

 

4.    All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site-specific soils investigation.  The lowest habitable floor level (basement) shall not be less than 3-feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

5.    Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

6.    The developer is responsible for the construction and acceptance of the domestic water line for the Northern Colorado Water Association, as described in their letter of August 2, 2012. 

 

7.    All road improvements identified on the plans are the responsibility of the developer. 

 

8.    A revised roadway use and maintenance agreement for both Sunwater Way and Herons Hill Way shall be provided at Final Plat.

 

9.         The applicant shall provide a management plan for the wildlife and habitat enhancement area at final plat. The plan shall be reviewed and approved by county staff and the Colorado Department of Parks and Wildlife .

 

Chair Johnson opened the hearing to the applicant and Steve Roy, briefly reviewed the application with the Board.

 

Chair Johnson then opened the hearing to public comment and Ed Byrne, representative for Candace Moore, addressed the Board. Mr. Byrne stated that Ms. Moore is an adjacent land owner who would suffer diminished view sheds if the applicant if the proposed project is approved.

 

Some discussion ensued between the Board and Mr. Byrne regarding view sheds.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Heron's Hill Subdivision, file #12-S3131, subject to the conditions outlined above, noting the approval is for the alternative lot and building envelope layout, and all other representations made at the Land Use Hearing.

 

Motion carried 3-0.

 

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

 

TUESDAY, JANUARY 29, 2013

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Linda Hoffman, Suzanne Bassinger, Donna Hart and Deni LaRue Commissioners’ Office; Gary Buffington, Department of Natural Resources; George Hass, Jeannine Haag and William Ressue, County Attorney’s Office; and Dana Bouchard, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:  Mel Hilgenberg mentioned the Fort Collins State of City address and encouraged all to attend. He also strongly renewed his request for an investigation into the Department of Human Services by the Board. And, he commended the County Sheriff for his work to uphold the Constitution of the Country and the State.

 

Eric Sutherland expressed his concerns with the lack of honesty and integrity displayed by the City of Fort Collins Government. He provided the Board with some documented examples of false statements that have been made by City staff. He feels these false statements have led to the loss of significant tax payer dollars and noted that the County has been implicated in a lie told by City staff regarding tax increments. He commended Larimer County and thanked the Board for upholding integrity and restoring his faith in Local Government.

 

2.           APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 21, 2013:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of January 21, 2013.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 4, 2013:  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 follows:

 

01292013A001           STONEWOOD TOWNHOMES (AKA RIPPLING RIVER) DEVELOPMENT AGREEMENT

 

01292013D001           DEED OF DEDICATION - ELIZABETH PILON-SMITS AND MARINUS PILON

 

01292013D002           DEED OF DEDICATION - BELLONE LIVING TRUST

 

01292013D003           DEED OF DEDICATION - STONEWOOD TOWNHOMES (AKA RIPPLING RIVER)

 

01292013R001           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF FOX ACRES 2ND AND 3RD FILING, LOT 26 AND COMMON PROPERTIES AND FEE WAIVER

 

01292013R002           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF JOHNSON’S SUBDIVISION

 

01292013R003           FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF THE SONTEWOOD TOWNHOMES

 

MISCELLANEOUS:            Final plat for Stonewood Townhomes (aka Rippling River); Rippling River Condo Maps approved by the Board on November 19, 2012.

 

LIQUOR LICENSES:         Elks BPOE #804  – Club Liquor License – Fort Collins.

 

Motion carried 3-0.

 

5.         HIGH PARK/WOODLAND HEIGHTS FIRE UPDATE:   Ms. Bassinger presented the Board with updates regarding the County’s efforts with community outreach since the fires last year. She summarized several workshops the County has organized for citizens as well as other opportunities and recovery assistance available to the public. 

 

6.         ASSISTANT COUNTY MANAGER WORKSESSION:   Mr. Gluckman requested permission from the Board to send out a letter to several community leaders requesting their participation in a day of strategic planning regarding the vision for Larimer County.

 

The Board approved the letter.

 

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

 

8.         LEGAL MATTERS:  Chair Johnson requested the Board go into Executive Session to receive legal advice regarding pending litigation for Larimer County vs. Travelers Insurance, in United States Court of Appeals for the Tenth Circuit; as well as, regarding procedures for land acquisitions specifically pertaining to the Roberts Ranch land dispute. Commissioner Donnelly further clarified that the executive session was not a policy discussion but a specific land discussion. Chair Johnson noted that future meeting agendas should detail as much information as possible in the executive session titles for public knowledge. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into Executive Session for conferences with an attorney for the purpose of receiving legal advice on specific legal questions as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 3-0.

 

The meeting adjourned at 11:00 a.m., with no further action taken.

 

 

 

__________________________________________

   STEVE JOHSNON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

______________________________________

Dana S. Bouchard, Deputy Clerk

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