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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, August 5, 2013

 

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioner Gaiter was present via teleconference. Also present were: Terry Gilbert, Brenda Gimeson, and Rob Helmick, Planning Department; Clint Jones, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance; he then noted that the following items were listed on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience:        

 

1.         MILLER MRD LOT 1 AMENDED PLAT/BOUNDARY LINE ADJUSTMENT, FILE #13-S3174:  This is a request to modify the lot lines between an un-platted parcel and Lot 1 of the Miller M.R.D. The Handy Ditch crosses through the existing Lot 1 and creates a hard to access portion of Lot 1.  The applicants are selling that portion to the neighboring property owner and in order to complete the transaction, the applicant is requesting to amend the Plat for the Miller M.R.D. and will concurrently be seeking a Boundary Line Adjustment with the un-platted parcel.  No new parcels or lots are being created with this amendment, only a lot size adjustment.

 

The following Larimer County agencies have stated that they have no objections to this proposal:

 

·  Department of Health and Environment 

·  Development Review Section of the Engineering Department

·  Addressing Section

 

Comments received from the Land Surveyor of the Larimer County Engineering Department office identifying several required corrections to the plat.

 

Comments received from the Code Compliance Section indicate there are outstanding issues with the property that is included in the Boundary Line Adjustment.  Since those issues are not part of the Amended Plat property and the surveyor has verified no buildings are located outside of the property boundary, no conditions of approval will be made regarding those issues.

 

The Handy Ditch has made comments regarding the application and requested that the easement shown on the plat be corrected and several notes be added to the plat regarding the ditch.  The applicant has been asked if they would be willing to include the notes on the plat, however, those have not been made a condition of approval.  The correction to the easement will be made a condition of approval.  All other affected utility companies have agreed to the request.

 

The proposed amended plat to modify the lot lines between an un-platted parcel and Lot 1 of the Miller M.R.D. will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots.  Staff finds that with the conditions as listed below, the request meets the requirements of the Larimer County Land Use Code.

 

 

The Development Services Team recommends approval of the Miller M.R.D. Amended Plat for Lot 1, File # 13-S3174, 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 February 5, 2014, 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, and the Handy Ditch Company regarding the easement as shown on the Plat.

 

3.   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.  

 

2.         MCCARTHY SUBDIVISION LOT 1 AMENDED PLAT/BOUNDARY LINE ADJUSTMENT, FILE #13-S3171 This is a request to amend the plat of Lot 1 of the McCarthy Subdivision and adjust the boundaries of an adjacent tract. 

 

The applicant proposes to adjust the boundaries of two meets and bound parcels by a Boundary Line Adjustment to be further incorporated into an existing lot in the McCarthy Subdivision.  The existing home and improvements were originally intended to be located on Lot 1 of the McCarthy Subdivision; however, it is not on the lot.  The home is located on a previously created adjacent meets and bounds parcel which was recently increased in size.  Both of these additions to the parcel were accomplished without prior approval therefore the need for the Boundary Line Adjustment as a part of this request.  

 

This request shifts the boundaries of two parcels, which requires an amended plat.  No commenter or agency has identified any issues with the request.  The reshaped parcels will continue to allow for previously allowed uses. 

 

The Development Services Team recommends approval of the Amended Plat of Lot 1 of the McCarthy Subdivision, file # 13-S3171, 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 5, 2014, 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 the Larimer County Engineering Department.

 

3.   All previous and prior conditions of approval shall continue be carried forward with this approval. 

 

3.         REDEEMER LUTHERAN CHURCH SPECIAL REVIEW MODIFICATION, FILE #13-Z1911:  This is a request to develop a columbarium and prayer garden for up to 1000 crypts adjacent to the church.

 

This project was presented to the Larimer County Planning Commission at the June 19, 2013, hearing.  The proposal was on the consent agenda and remained on the agenda.  The applicant was present and no public was present to discuss the proposal.  There were some questions from the Larimer County Planning Commission regarding traffic, the use and what elements of the cremation were or were not included.   

 

The Larimer County Planning Commission and Development Services Team recommends Approval/Denial of the (Redeemer Lutheran Church Special Review Modification file # 13-Z1911 subject to the following condition(s):

 

  1. This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

  1. The Site shall be developed consistent with the approved plan and with the information contained in the Redeemer Lutheran Church Special Review Modification file # 13-Z1911 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 Redeemer Lutheran Church Special Review Modification.

 

  1. Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners

 

  1. This application is approved without the requirement for a Development Agreement.

 

  1. In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review, 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 Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the 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 Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.

 

  1. County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.

 

  1. 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 Special Review approval.

 

  1. Provide the drainage information requested by the Engineering Department prior to and as a part of any site development or construction.  This may take the form of a Development Construction Permit, or at the time of any building permits. 

 

 

4.         WENDLER MINOR LAND DIVISION, FILE #13-S3173:  This is a request for a Minor Land Division to create two lots of .82 and 1.43 acres to be separated from an original 2.2-acre parcel.  Three buildings and uses exist on the parcel

 

The applicant in this case wishes to replace the well serving the existing store and four-plex.  The site is zoned Red Feather Lakes Business and allows for multiple use and recent code amendments allow for multiple principle buildings on a lot.  The 2.23-acre lot is a previously existing non-conforming lot which has historically included several separate uses including the “Super”, a retail and grocery store, the Café and the four-plex.  Because of the lot sizes proposed the request will need to include an appeal for lot size.  The Board of County Commissioners is authorized to do this when the use is of public benefit.  The business community of Red Feather is integral to the community and the only issue is the need for a new well which if not permitted would be a detriment to the public. 

 

This Minor Land Division has been proposed to address the need for a new well on this site.  The creation of these three parcels meets the requirements of the Larimer County Land Use Code with the understanding that the new parcels must have a lot size variance as a part of this approval. 

 

The Development Services Team has evaluated this request and finds that with certain conditions recommended this request meets the approval criteria for a Minor Land Division. Specifically the Team finds:

·  The proposal is neither in a subdivision plat or previously approved exemption.

·  The lots proposed do not increase the impact or use in the community but do require a variance of the lot size as a part of this approval.  

·  The access and traffic impacts do not change with this proposal. 

 

The Development Services Team recommends Approval of the Wendler  Minor Land Division, file #13-S3173, subject to the following condition(s) 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 5, 2014, 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 the Larimer County Engineering Department.

 

3.   The plat shall be specifically noted to reflect that this approval is an exemption. 

 

4.   The lot sizes of .82 and 1.42 acres are varied from the required 2.29 acres per lot as a part of this approval.

 

 

5.         CROSSROADS NW PLANNED UNIT DEVELOPMENT COMMERCIAL PARK AMENDMENT, FILE #12-S3127:  This is a request for an Amended Plat of a portion of Block 1 (Lots 2-7) of the Crossroads Northwest Commercial Park Planned Unit Development to reconfigure the platted lots, road rights of ways, and easements in Block 1. 

 

The property for the subject request is generally situated at the northwest corner of the Highway 14 (Mulberry Road) and I-25 interchange, more specifically on the west side of John Deere Drive at Harvester Court. The subject Amended Plat application proposes to reconfigure Lots 2-7 of Block 1 of the Crossroads Northwest Commercial Park PUD, which will also include the shortening of Harvester Court, the reconfiguration of easements and the addition of a drainage area (Tract A).

 

The Crossroads Northwest Commercial Park PUD is surrounded on the west, north and south by commercial and industrial uses, and to the east is I-25.  The site was originally subdivided into 47 lots in 1979/1980 and since the recordation of that plat only one lot has been developed.  This situation is largely attributed to the fact that a lot sale restriction was place on the majority of lots until site improvements such as roads, water, sewer and drainage were constructed.

 

On October 1, 2012, the Board of County Commissioners approved the Amended Plat of Blocks 2 and 3 of the Crossroads Northwest Commercial Park PUD, which is the largest portion of the development east of John Deere Drive. Since that approval the property owners have decided that they would also like to amend Lots 2-7 of Block 1, and have submitted this request.

 

It is believed by the applicant and the Development Review Staff that the results of this plan will be a more desirable site development pattern that will hopefully develop with new commercial uses.

 

As the result of the significant modifications to the layout of the development, the Engineering comments indicate that approval of construction documents for various improvements, such as the drainage system will be necessary prior to the recordation of the Amended Plat.  Furthermore, because these improvements are critical to the overall development the Development Services team will require a Development Agreement as part of the approval to ensure that the improvements are constructed before the sale of lots within the development.

 

The Development Services Team recommends approval of the Crossroads Northwest Commercial  Park PUD Amended Plat Block 1, Lots 2-7, File #12-S3127, including easement vacations and relocations and right-of-way vacations, subject to the following condition(s) 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 5, 2014, 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, Land Surveyor of the Larimer County Engineering Department.

 

3.   The applicant shall enter into a Development Agreement with the County to ensure that the improvements, such as the drainage system and similar improvements on the construction drawings are approved and constructed prior to the development of lots within the development.

 

4.   The vacation and relocation of the utility easements, the reconfiguration of the lots lines, and vacation of internal road right-of-ways shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded. 

 

M O T I O N

 

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

 

Motion carried 2-0.

 

The hearing adjourned at 3:05 p.m.

 

 

TUESDAY,  AUGUST 6, 2013

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Donna Hart, and Deni LaRue, Commissioners’ Office; Denise Ruybal, Clerk and Recorder’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.         APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 29, 2013:

 

M O T I O N

 

Commissioner Gaiter moved to approve the minutes for the week of July 29, 2013, as presented.

 

Motion carried 3-0.

 

2.         REVIEW OF THE SCHEDULE FOR THE WEEKS OF AUGUST 12, 2013, AND AUGUST 19, 2013:   Ms. Hart reviewed the upcoming schedules with the Board.

 

3.         CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as outlined below:

 

08062013A001           BALLOT AND MAIL SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RUNBECK ELECTION SERVICES, INC

 

08062013A002           MEMORANDUM OF UNDERSTANDING FOR POUDRE RIVER TRAIL FROM GATEWAY PARK TO TIMNATH FIRE STATION

 

08062013R001           RESOLUTION REGARDING RELEASE OF COLLATERAL FOR THE WILDFIRE MITIGATION PLAN AT MAGIC SKY RANCH

 

08062013R002           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY TROTWOOD RANCHES PUBLIC IMPROVEMENT NO. 28

 

08062013R003           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY WILLOWS PUBLIC IMPROVEMENT DISTRICT NO. 45

 

08062013R004           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY BOYD’S WEST PUBLIC IMPROVEMENT DISTRICT NO. 56

 

08062013R005           FINDINGS AND RESOLUTION APPROVING THE VACATION OF AN IRRIGATION EASEMENT IN BISON BLUFF, LOT 1

 

08062013R006           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 2 AND LOT 1 OF THE AMENDED PLAT OF LOTS 3 AND 4, HEROLD M.R.D.

 

MISCELLANEOUS:  Huang Planned Land Division Planned Division Final Plat;  Huang Planned Land Division Planned Division Vested Rights; Workforce Center Investment Act (WIA) PY12 Closeout Package.

 

LIQUOR LICENSES:  The following licenses were approved and/or issued:  Vern’s Liquor, Retail Liquor Store – LaPorte; Mountain Whitewater Descents – Modification of Premises – Fort Collins.   

 

Motion carried 3-0.

 

4.         CONVENE AS THE BOARD OF EQUALIZATION:  

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners Convene as the Board of Equalization.

 

Motion carried 3-0.

 

Ms. Ruybal presented the referee recommendations from July 30, 2013, through August 5, 2013, and requested approval on the same.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of Equalization accept the referee recommendations for July 30 – August 5, 2013. 

 

Motion carried 3-0.

 

Discussion ensued regarding the Anhueser Busch file that the Board heard last Tuesday.  The Board agreed to deny the protest and uphold the Assessor’s recommended value. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of Equalization deny the Anhueser Busch protest and uphold the Assessor’s value of $115,000,000 on the property. 

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Gaiter moved to adjourn the meeting as the Board of Equalization and reconvene as the Board of County Commissioners. 

 

Motion carried 3-0.

 

5.         WORKSESSION:  Mr. Hoffmann updated the Board on several items she is currently working on.

 

6.         COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities during the previous week.

 

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

 

 

The meeting recessed at 9:30 a.m., with no further action taken.

 

 

 

 

 

__________________________________________

   STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

 

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