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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 09/02/13  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, September 2, 2013

 

County offices were closed in observance of Labor Day.

 

TUESDAY, SEPTEMBER 3, 2013

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffman, County Manager.  Chair Johnson presided and Commissioners Donnelly and Gaiter were present.  Also present were:  Donna Hart, and  Deni LaRue, Commissioners’ Office;  Lauren Ross, Food Bank for Larimer County;  Gary Buffington, and Kerri Rollins, Natural Resources Department; Mark Browning, Lyons Regional Library District Steering Committee; Charlie Johnson, and Martina Wilkinson, Engineering Department; Jeannine Haag, and Bill Ressue, County Attorney’s Office;  Gael Cookman, Dana Polley, and Denise Ruybal, Deputy Clerks.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.    APPROVAL OF THE MINUTES FOR WEEK OF AUGUST 26,  2013:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of August 26, 2013, as presented.

 

Motion carried 3-0.

 

2.    CONSENT AGENDA:              

 

M O T I O N

 

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

 

09032013A001           STATE OF COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY FY14

 

09032013P001            ECONOMIC DEVELOPMENT INCENTIVE POLICY FOR LARIMER COUNTY

 

09032013R001           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY INVESTIGATOR 1 EFFECTIVE SEPTEMBER 3, 2013

 

09032013R002           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY DEPUTY DISTRICT ATTORNEY 1 EFFECTIVE SEPTEMBER 3, 2013 

 

09032013R003           RESOLUTION EXTENDING APPROVAL OF THE GLENDEVEY EXPANSION OF A NON-CONFORMING USE

 

MISCELLANEOUS:           Public Trustee 2nd Quarter Report; Recommended Mid-Term Appointment of Wendy Sykes to the Estes Valley Planning Commission beginning September 3, 2013,  and expiring June 30, 2015; Department of Human Services Payments for July 2013.

           

LIQUOR LICENSES:         The following liquor license was approved and/or issued:  Legacy Land Trust – Special Event 6% - Wellington

 

Motion carried 3-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 9, 2013:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.    HUNGER ACTION MONTH PROCLAMATION:  Ms. Ross presented an overview of the assistance that the Larimer County Food Bank provides to the community.  In addition to the Back Pack Program which feeds homeless children, the Food Bank provides food for 29,000 people annually and provides assistance to 82 other non-profit organizations.  This proclamation is to raise awareness for hunger during the month of September, 2013.  Commissioner Gaiter read the proclamation.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners Proclaim September 2013 as Hunger Action Month.

 

Motion carried 3-0.

 

5.    FORMING A LIBRARY DISTRICT TO BE KNOWN AS THE LYONS REGIONAL LIBRARY DISTRICT:  Mr. Browning provided information regarding the proposed Lyons Regional Library District.  The proposed District will look at building a new library in the Lyons area while still maintaining the historical significance of the current building.  If the Resolution is placed on the November 2013 ballot, the residents will face a mill levy of 5.85 mils. The Resolution must be supported and placed on the ballots of both Boulder and Larimer Counties.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Resolution Forming a Library District to be known as the Lyons Regional Library District and Providing for Other Matters Required by the Colorado Library Law.

 

Motion carried 3-0.

 

6.    PURCHASE OF THE SWETS TRAIL EASEMENT NEAR TIMNATH:  Ms. Rollins provided an explanation of the proposed easement purchase.  This easement is an essential section for the completion of the Poudre River Trail between Timnath and the River Bluffs Open Space, and ultimately will connect the Timnath Gateway Trailhead to Timnath’s future fire station on the east side of the river.  The total purchase price is $24,201.00 which includes a $5,410.00 temporary construction easement to perform the work; and $15,000.00 is being funded by Great Outdoors Colorado with the remaining $9,201.00 as a contribution from Larimer County.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the purchase of the ¼ mile Swets trail easement.

 

Motion carried 3-0.

 

7.    WORKSESSION:     Ms. Hoffman reviewed her activities with the Board.

 

8.    COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities during the previous week.  Commissioner Gaiter asked Martina Wilkinson to give a review of a meeting they both attended last Thursday held by the Colorado Department of Transportation.  The CDOT proposes $143,000,000.00 for ramp maintenance and also discussed possible construction of a third lane to be used as a toll lane.  Chair Johnson expressed concerned regarding the toll lane. Ms. Wilkinson had drafted a letter in support of the proposed third lane anticipating support of the Board.  With Chair Johnson’s opposition to the possibility of the third lane to be designated as a toll lane, the letter was amended.  

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the amended letter prepared by Martina Wilkinson to send to the Director of the Department of Transportation regarding north I-25.

 

Motion carried 2-1; Chair Johnson dissenting.

 

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

 

The meeting recessed at 11:15 a.m.

 

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Johnson presided and Commissioners Donnelly and Gaiter were present.  Also present were: Doug Ryan, Health and Environment Department;  Karin Madson, Rob Helmick, and Brenda Grimeson, Planning Department; Tracy Shambo, Engineering Department; Jeannine Haag, County Attorney’s Office;  and Denise Ruybal, and Gael Cookman, Deputy Clerks.

 

Chair Johnson opening the hearing with the Pledge of Allegiance, and then explained that items one and two were on the consent agenda and would not be discussed unless requested by the Board, staff, or other members of the audience:

 

1.    EATON CONSERVATION DEVELOPMENT PRELIMINARY PLAT TIME EXTENSION, FILE #10-S2973:  This is a request for the Preliminary Plat of a Conservation Development to subdivide 67.86 acres into five single-family residential lots and a residual lot with a building envelope.

 

The applicant received approval of the Preliminary Plat for this five lot conservation Development on June 18, 2012, with a findings and resolution dated July 31, 2012. Since that time no application for Final Plat has been submitted. The Larimer County Land Use Code provides for an applicant to request an extension of the Preliminary Plat approval (Code language below); the applicant is requesting the Board of County Commissioners grant a one year extension. 

 

5.13.4.I.   Time limit for completion. Preliminary plat approvals are effective for one year. If a complete final plat application is not submitted to the planning department within one year of preliminary plat approval, the preliminary plat approval will automatically expire.

 

5.13.4.J.   Extensions of preliminary plat approvals.

 

1. The county commissioners may extend the effective period of a preliminary plat for good cause. The applicant must request the extension in writing prior to expiration of the preliminary plat.

2. Notice of a hearing to consider an extension request will be given under notice requirements for county commissioner consideration of a preliminary plat.

3. The county 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 this code adopted since the original approval; and

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

 

The Development Services Team finds the request is appropriate given that the neighborhood is unchanged in the past year, no significant Code changes have occurred which would affect this request and the current market is such that pursuing the Final Plat at this time is not warranted.

 

The Development Services Team recommends the approval of the Eaton Conservation Development Preliminary Plat Time Extension, file #10-S2973, subject to the following conditions:

 

1.   A complete Final Plat application is submitted no later than August 1, 2014

2.    All original conditions of approval shall remain in force and effect.

 

VISTA AT COTTONWOOD SHORES LOT 1 EASEMENT VACATION:  This is a  request to vacate a 40-foot wide irrigation easement located on the south side of Lot 1, Vista at Cottonwood Shores PUD. There is no indication as to why this irrigation easement exists. There was no mention of this easement when the original development was completed other than it showed on the final plat. No one in the neighborhood appears to know what it is used for nor can anyone be located that appears to use this easement. There is no existing ditch located in this location, so it appears the easement is no longer utilized and the property owners would like to use that area. The Cottonwood Shores PUD was approved in March, 2001. The property is currently zoned O-Open. This easement was only located on this particular lot and does not extend into any other lots. The lot sizes or configurations will not be changing with this easement vacation.

 

The proposed easement vacation will not adversely affect any neighboring properties or any County agency. 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 Easement Vacation of Lot 1, Vista at Cottonwood Shores, File # 13-S3176.

 

M O T I O N

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

Motion carried 3-0.

 

2.    STACHURSKI LOT SIZE APPEAL, FILE # 13-G0252 :  This is an appeal to Section 4.1.5.B.1.a. minimum lot size of 10 acres in the O-Open zoning district.  The applicant would like to divide two existing exemption lots totaling approximately 28.488 acres into 3 lots of less than 10 acres each.

 

The subject property is 28.48 acres consisting of two exemption lots. There is a residence on each of the existing lots. When staff initially met with this applicant the Assessor had the property size listed at 30+ acres. Staff further researched the property which consists of 2 lots in the Martinelli Exemption, file #S-1-85. The original acreage listed on the plat was 29.373 acres and it appears that sometime during the processing of the exemption application .89 acres were transferred to North Poudre Irrigation. The total acreage of the 2 lots appears to be approx. 28.483 acres, however, the property has not been recently surveyed. 

 

The property is zoned O-Open which requires a minimum lot size of 10 acres. The properties in the area are mix of sizes. Several lots immediately adjacent to this property are less than 10 acres. The applicants are requesting a lot size appeal from the required minimum lot size of 10 acres in the O-Open zoning district to have the option of dividing the property into three lots. Two of the lots would have an existing residence, the third lot would be used to build another home. If the lot size appeal is granted, the property owner’s intent is to apply for a subdivision, which would be reviewed for consistency with code standards and would go through the public hearing process.

 

The Development Services Team recommends Approval of the Stachurski Lot Size Appeal, File

# 13-G0252, subject to the following conditions:

 

1. The applicants must submit a Subdivision application within one year of this lot size appeal or this approval shall be null and void.

 

2. Any future division of the property needs to address the possible existence of reasonably high quality wetlands associated with the shoreline of Demmel Lake. Also the substantial stand of cottonwood trees and other shore-land trees and shrubs in the NW portion of the site, should be buffered and preserved as valuable habitat.

 

3. Lots in a future land division shall be at least 9 acres in size to ensure adequate area for an additional septic system.

 

Ms. Madson presented evidence regarding the existing layout of the lot.  Discussion ensued regarding the neighboring lot sizes and the opposition to this request by two neighboring property owners that submitted letters in support of their opposition.

 

Joe and Judy Stachurski presented a power point presentation depicting their property and their proposal. They also answered questions by the Board in response to the opposition of this request.

 

There was no public comment on this item.

 

M O T I O N

Commissioner Gaiter moved that the Board of County Commissioners  approve the Stachurski Lot Size Appeal, File #13-G0252, subject to the condition(s) as outlined above.

Motion carried 3-0.

The meeting adjourned at 3:45 p.m.

 

 

__________________________________________

   STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

 

______________________________________

Denise M. Ruybal, Deputy Clerk

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.