Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, November 19, 2001

LAND USE HEARING

(#117)

The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Tom Garton, Chief Building Official; Carol Evans, Planner II; Karin Knauf, Planner I; Rob Helmick, Senior Planner; Claudia DeLude, Code Enforcement Officer; Christie Coleman, Civil Engineer; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Rennels stated that the following items are consent and would not be discussed unless requested by the Board or members of the audience.

2. BIG BEAR ROAD STREET NAME REQUEST: 5 & 6-6-70; 1-6-71; 25, 35 AND 36-7-71; ROAD 27; APPROXIMATELY 3 MILES NORTHWEST OF THE INTERSECTION OF COUNTY ROADS 27 AND 38E AT MASONVILLE.

This is a request to name a road serving multiple lots that are currently addressed off of County Road 27 per Sections 5.11.4 and 5.11.5 of the Land Use Code. Staff recommendation is approval of "Big Bear Road" street name.

3. SADDLE NOTCH STREET NAME CHANGE: PORTIONS OF 14, 23, 24, 25 & 26-5-71, LOCATED OFF COUNTY ROAD 18E.

This is a request to name unnamed roads off West County Road 18E. The names proposed are Saddle Notch Road, Sawmill Road and Skinner Gulch Road. Staff recommendation is to approve the Saddle Notch Street Name Change request to name the private roads off County Road 18E, the names of Saddle Notch Road, Sawmill Road and Skinner Gulch Road.

4. PARADISE VALLEY SUBDIVISION - RELEASE OF DEVELOPMENT COLLATERAL: 08-04-69; EAST OF COUNTY ROAD 23, WEST OF LONETREE RESERVOIR, 1/4 NORTH OF COUNTY ROAD 10 AND SOUTH OF COUNTY ROAD 12.

This is a request for the release of the original development collateral and initiation of the warranty collateral and warranty period. Staff recommendation is to approve the release of original collateral for this project subject to the provision of warranty collateral as specified in the Development Agreement for this project.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as presented.

Motion carried 3 - 0.

1. REPEAL AMENDMENT THAT ADDED SECTION 3102.1.1 TO THE 1997 UNIFORM BUILDING CODE AND ADD A REVISED AMENDMENT. THE AIR PROGRAM AREA IN LARIMER COUNTY IS THE AREA EAST OF RANGE 72 AND AREAS SOUTH OF AND INCLUDING THE SOUTH HALF OF TOWNSHIP 10 RANGE 68, 69, 70, AND 71.

Chair Rennels noted that this item was tabled on October 22, 2001 to this date and Mr. Timm provided background for the original amendment and the proposed revised amendment.

Mr. Bill Echer, owner of Friendly Fire provided a revised 3102.1.1.C(i) and background for his suggested revision. The Board discussed the removal of "...a separately purchased..." within the suggested revision.

Ms. Cherie Trine, area resident urged the Board to leave the amendment as is currently adopted and quoted Chair Rennels' statement made during the hearing at which the amendment was originally adopted. Commissioner Bender, Ms. Trine continued testified as a citizen at the same hearing of June 2000 and quoted his remarks in favor of the currently adopted amendment. Ms. Trine encouraged improved communications between the Board, citizens and staff.

Mr. Eric LeVine requested the Board leave the restriction regulations as they exist.

Mr. Brad Edwards expressed concern that fireplace inserts also contributed to particulate matter and requested the regulations be left as they exist.

Mr. Mike Doten, Director of Citizen Planners noted that there is no reason to relax the current standards and reiterated that the amendment is a health issue, which would affect individuals outside the "non-restricted" area. Mr. Doten stated that if the regulations were relaxed, the incentive to purchase cleaner burning appliances would be lost.

Mr. Doug Kindsfater stated that approving the revised amendment is a step in the right direction and noted that a minute percentage of new homes built don't have wood logs; the majority utilize gas logs simply due to economics.

Mr. Ron Kline stated that he supports the revised amendment and noted that the proposed definition of "fireplace" contradicts the text of the proposed amendment. Mr. Kline suggested the item be tabled again to allow staff to get it right and proposed the Board hire another attorney in order to obtain a second opinion.

Ms. Debbie Morgan urged the Board retain the currently adopted amendment and requested each Board member to explain their compelling reasons for changing the amendment.

At this time the hearing was closed to the public and Chair Rennels suggested the definition of fireplace contain the words, "...solid fuel burning device..." as oppose to "..wood burning device"... Ms. Haag suggested just using the word device; much discussion ensued.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners table the Building Code Amendments for Wood Stoves and Fireplaces to December 17, 2001 at 3:00 p.m.

Motion carried 3 - 0.

  1. HART ZONING VIOLATION: 3221 GLADE ROAD, LOVELAND

This is an alleged violation of Section 4.3.10(H) of the Land Use Code: Riding horses for the use of the occupants of the lot and their guests are allowed in all zoning districts that allow single family dwellings provided the number of horses does not exceed one horse per one-half acre of lot. Staff findings are 1. The property is zoned FA1-Farming; 2. The FA1-Farming zoning district does permit horses, however, not more than one horse per half acre; 3. The property is .33 acres in size; 4. The property currently houses up to ten horses; 5. The property owner has stated she will reduce the herd, yet there are still horses on site; 6. Although the Animal Regulations are under review, the number of horses on site exceeds even their recommendations. Staff recommendation is 1. Find that a violation exists; 2. Require compliance within 9-months. Compliance would require proof of lot size and that all horses be removed from the parcel with the exception of one if zoning allows; 3. Require the parcel to remain in compliance with the Larimer County Land Use Code; 4. Authorize legal action if these conditions are not met.

Ms. DeLude stated that several complaints have been received regarding the number of horses at the site and that she had visited with Ms. Hart, the property owner. The Humane Society was also notified of the situation and upon an inspection, stated that the horses were well cared for despite the size of the parcel.

Ms. Wendy Hart stated that her legal description notes the lot size as .6-acres and that she has reduced the number of horses by 4 since August. The horses, with the exception of one, are being listed on consignment at regional shows and that the number could be reduced by another 4 if allowed an additional 6-months and total compliance could be reached within 1-year.

Commissioner Gibson noted that the property owner is present, the record shows the horses are well taken care of, but expressed concern with a 1-year compliance.

Chair Rennels suggested 9-months and Ms. Hart indicated that she would try to comply.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners find a violation exists; require compliance within 9-months and authorize legal action if compliance is not met.

Chair Rennels suggested a friendly amendment for Ms. Hart to provide proof of lot size and retain the ability to keep one horse if the lot size is a minimum of .5-acres. Commissioner Gibson agreed.

Motion carried 3 - 0.

6. PEDLEY ZONING VIOLATION: Ms. DeLude requested this item be tabled to January 7, 2002 at 3:00 p.m.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners table the Pedley Zoning Violation to January 7, 2002 at 3:00 p.m.

Motion carried 3 - 0

7. LONG ZONING VIOLATION: 3520 OTTER ROAD, MASONVILLE

This is an alleged violation of Land Use Code Section 4.1.5:Outdoor storage is not a permitted use in the O-Open zoning district and Section 4.1.5: A junkyard is not a permitted use in the O-Open zoning district. Staff findings are 1. The property is zoned O-Open; 2. The O-Open zoning district does not permit outdoor storage; 3. The O-Open zoning district does not permit junk/junkyards; 4. The continued use of the property, in violation of zoning regulations, has affected the neighbors' ability to enjoy their own properties; 5. The continued use of the property, in violation of the zoning regulations, will affect property values in the area. Staff recommendation is 1. Find that a violation exists; 2. Require compliance within 30 days. Compliance would require that all outdoor storage of junk/unlicensed/inoperable vehicles be removed; 3. Require the property to remain in compliance with the Larimer County Land Use Code; 4. Authorize legal action if these conditions are not met.

Ms. DeLude stated that complaints regarding this property have been received since January of 2001 and that staff had granted a 6-month extension for compliance in April since the property owner had been injured in an accident. However, Ms. DeLude continued upon inspection in October, there has been no visible clean up of the site.

Mr. Stanley Long stated that he recently was able to get off crutches and now requires a cane for assistance and requested understanding from the Board. The current therapeutic program, Mr. Long continued should allow compliance within 90-days. Mr. Long further stated that his ex-wife has several of the titles to the vehicles and has yet to comply with a court order to return them.

Ms. DeLude stated the if the Board is inclined to allow additional time for removal/clean up of the vehicles, she requests the Board require compliance with the "smaller stuff" within 30-days.

Chair Rennels suggested full compliance within 120-days due to the time of year and weather; Commissioners Gibson and Bender concurred.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners find a violation exists; require compliance within 120-days (compliance would require that all-outdoor storage of junk, unlicensed/inoperable vehicles be removed); and authorize legal action if conditions are not met.

Motion carried 3 - 0.

There being no further business, the hearing recessed at 4:35 p.m.

LAND USE HEARING

(#118)

The Board of County Commissioners reconvened at 7:00 p.m. with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Sarah Flick and Doug Ryan, Environmental Planners; Traci Downs, Civil Engineer; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

1. WAVERLY RIDGE CONSERVATION DEVELOPMENT, (FORMERLY JKL RANCH CD): SW 1/4 13-09-69; APPROXIMATELY 0.5 MILES NORTH OF WAVERLY, AT THE NORTHEAST CORNER OF COUNTY ROAD 15 AND COUNTY ROAD 68.

This is a request for a Preliminary Plat of a Conservation Development to divide approximately 80 acres into 7 Single Family Residential lots, plus residual land. Residential lots will comprise 15.97 acres, and residual land will be 64.02 acres. The applicant has altered the proposal based on comments made by the Planning Commission. The Planning Commission unanimously denied the original proposal. Based on revisions made by the applicant since the Planning Commission hearing, Planning staff recommends the Board approve the revised Waverly Ridge conservation Development with the following conditions 1. Road Requirements a) All roads and driveways must be constructed according to Larimer County Codes in effect at the time of construction; b) Revise the Preliminary Traffic Study as requested by the Engineering Department (letter, 9/8/01); c) Final Plat must show a dedicated, 60-foot, right-of-way extending from the northern end of Lindalou Drive to the property boundary. Onsite signage must describe the right-of-way; 2. Applicant must submit a detailed Drainage Report describing erosion control measures, and reseeding, as requested by the Engineering Department (letter, 4/9/01). The submitted Preliminary Drainage Report mentions a sedimentation pond for runoff from houses. The detailed Drainage Report must describe the location of, and seed mixes for the pond. This report will be reviewed and approved by the Engineering, Planning, and Health & Environment Departments. The sedimentation pond will be shown on the Final Plat; 3. Applicant must submit an agreement, signed by the applicant and the North Poudre Irrigation Company, describing access and rights of the applicant and the North Poudre Irrigation Company regarding the onsite creek and the onsite irrigation ditch; 4. The Kinzli Boundary Line Adjustment - which creates the parcel where Waverly Ridge Conservation Development will be located - must be completed by the time the Final Plat is signed by the County Commissioners; 5. Lots 3 and 5 will both access Lindalou Drive; no access shall be granted off County Road 68; Lot 7 shall not access County Road 15; Lots 6 & 7 shall access County Road 68.

Chair Rennels noted that access to lot 4 (Lot #3 on th e revised plat) is noted on the plat but not a condition and suggested adding access as a condition of approval.

Mr. Lou Kinzli, the applicant stated that he has worked with staff and neighbors in the proposed revisions. Chair Rennels asked if the residual land is tied to a building site and Mr. Kinzli said no, but he would consider tying it to his other 35-acre parcel. Mr. Timm noted that the Land Use Code does not require the residual land to have a building envelope or "tied" to another parcel.

Mr. Bob Woodmansee, adjacent property owner stated that a rare ecosystem exists along the stream and expressed concern with septics being located within the vicinity. Mr. Woodmansee further stated that the area is prone to runoff causing the stream banks to erode and the potential for downstream impacts and requested the Board deny the application. Commissioner Bender asked if a retention pond would alleviate some of the concerns and Mr. Woodmansee thought perhaps.

Mr. Phil Pringle, adjacent property owner objected to the placement of the development and the proposed street location.

At this time the hearing was closed to the public and Mr. Kinzli stated that due to the topography of the site, drainage is from east to west and therefore would have no effect on downstream properties. Mr. Kinzli further stated that a retention pond exists on the proposed lot #4 and that by developing the site, any runoff should be prevented since the land will no longer be irrigated. Ms. Downs noted that a drainage report is required and would address the retention pond in detail.

M O T I O N

Commissioner Gibson moved that the hearing be re-opened for additional public comment.

Motion carried 3 - 0.

Mr. Woodmansee stated that much of the surrounding area is 10-acre parcels with several 35-acre parcels. The proposed lot sizes, Mr. Woodmansee continued are not compatible.

At this time the hearing was closed to the public and Mr. Kinzli reiterated that he would continue working with Engineering staff toward conformity.

Ms. Haag suggested a condition #5 be added to address Chair Rennels concerns regarding lot access. Ms. Haag proposed the following: #5 Lots 3 and 5 will both access Lindalou Drive; no access shall be granted off County Road 68; Lot 7 shall not access County Road 15; Lots 6 & 7 shall access County Road 68.

M O T I O N

Commissioner Bender moved to approve the Waverly Ridge CD as presented by staff and modified by the Board with a condition #5.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 8:10 p.m.

TUESDAY, NOVEMBER 20, 2001

ADMINISTRATIVE MATTERS

(#119)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Ray Ramos, Larimer County Tree Farmers Association; Kerri Traynor, Open Lands; Chip Steiner, Fairgrounds and Events Center Project Coordinator; Deni La Rue, Community Information Manager; K-Lynn Cameron, Open Lands Manager; Charlie Johnson, Engineering; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: The Board is available for public comment from 9:00 a.m. to 9:30 a.m.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 12, 2001:

M O T I O N

Commissioner Bender moved that the minutes for the week of November 12, 2001 be approved as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEKS OF NOVEMBER 26, 2001 AND DECEMBER 3, 2001:

M O T I O N

Commissioner Gibson moved that the schedules for the weeks of November 26 and December 3, 2001 be approved as submitted.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the following items on the consent agenda be approved as published:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Fleischli; Gould Properties III; HC Berger Brewing; Lund; Kue; and Sams Real Estate Business Trust.

A01-169 DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TERRY RUE FOR REU RANCH R.L.U.P

A01-170 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BARBARA J MILLER FOR THE MILLER RESIDENTIAL DEVELOPMENT

A01-171 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, MARY BETH SIMON, DANIEL C. MILLER, PHILLIP BOKOVOY AND JAY MILLER FOR THE MILLER/SIMON RURAL LAND USE PLAN

A01-172 WARRANTY MEMORANDUM BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BUCKLE D. GRAYBILL, SR. FOR GRAYBILL PUD

R01-214z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF NORTH TAFT HILL EXPANSION

R01-215s FINDINGS AND RESOLUTION APPROVING THE SUTTON LANE MINOR SUBDIVISION MINOR MODIFICATION

R01-216z FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT OF NATURE ESTATES SUBDIVISION REZONING AND APPEAL

R01-217s FINDINGS AND RESOLUTION APPROVING THE COLONA CONDOMINIUMS SUPPLEMENT #3

R01-218s FINDINGS AND RESOLUTION DENYING THE APPEAL OF HAWTHORNE VILLAGE

R01-219s FINDINGS AND RESOLUTION GRANTING THE BECKNER EXEMPTION

R01-220s FINDINGS AND RESOLUTION APPROVING THE APPEAL OF THE MARTIN-JONES CONSERVATION DEVELOPMENT

R01-221s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF ACCESS AND UTILITY EASEMENT IN WEST HIAWATHA HEIGHTS

R01-222s FINDINGS AND RESOLUTION APPROVING THE SIMON REVISED PRELIMINARY RURAL LAND PLAN

R01-223s FINDINGS AND RESOLUTION APPROVING STREET NAMES IN LITTLE TWINS HILLS DEVELOPMENT

R01-224g RESOLUTION ESTABLISHING THE POSITION OF CHIEF DEPUTY DISTRICT ATTORNEY TO BE HELD BY MITCHELL T. MURRAY

R01-225s RESOLUTION FOR STATUTORY VESTED RIGHTS FOR REU RANCH RURAL LAND USE PLAN

R01-226s RESOLUTION FOR STATUTORY VESTED RIGHTS FOR MILLER/SIMON RURAL LAND USE PLAN

R01-227g RESOLUTION ESTABLISHING COMPENSATION FOR CHIEF DEPUTY DISTRICT ATTORNEY MITCHELL T. MURRAY

**Clerk Note: Resolution R01-227g was signed by the Chair but not published on the consent agenda**

MISCELLANEOUS: Amended Plat of Lots 25-30, Section C, Waltonia Addition and a portion of Section 9, T5N, R71W; Fort Fun Minor Land Division; Sutton Lane Boundary Line Adjustment; Final Plat for Reu Ranch Rural Land Use Plan; Miller Minor Residential Development Final Plat; Guerrero Minor Land Division; Final Plat for Miller/Simon Rural Land Use Plan; and Approve Larimer County Office on Aging Advisory Council By-laws.

LIQUOR LICENSES: The following license was approved Rock Inn Steakhouse- 6%- Estes Park, CO. The following licenses were issued Sun Deck Restaurant- 6%- Estes Park, CO and L&M Garden Center- 6% Special Event Permit- Berthoud, CO.

Motion carried 3 - 0.

5. TREE FARM PROCLAMATION: Commissioner Bender read a proclamation for the record, declaring the month of December as American Tree Farm month.

M O T I O N

Commissioner Bender moved to proclaim the month of December as American Tree Farm Month.

Motion carried 3 - 0.

6. LETTER OF SUPPORT FOR STATE TRAILS FOR A GRANT FOR RIMROCK OPEN SPACE RECREATIONAL TRAIL PROJECT: Ms. Traynor requested approval of a letter of support for the grant application for the Rimrock Open Space Recreational Trail. The trail, Ms. Traynor continued is part of the regional trail, which would eventually link the Devil's Backbone Open Space with Horsetooth Mountain Park via the City of Fort Collins' Coyote Ridge Natural Area.

M O T I O N

Commissioner Gibson moved to approve a letter of support from the Board regarding the Rimrock Open Space Recreational Trail grant application.

Motion carried 3 - 0.

7. FAIRGROUNDS PHASING RECOMMENDATIONS: Mr. Steiner provided an update to the Board regarding the first phase of the Fairgrounds project and requested approval of the recommendations.

M O T I O N

Commissioner Bender moved to approve the recommendation for phase one of the Fairgrounds project as presented.

Motion carried 3 - 0.

8. WORK SESSION: None

9. COMMISSIONER REPORTS: Commissioner Bender noted that he and Mr. Gluckman attended a presentation of the 2004 high school design at Poudre School District. Commissioner Gibson stated that he evaluated the Loveland bus system and attended a Northern Colorado Water Conservancy District meeting in Greeley and a transportation meeting in Denver. Chair Rennels noted her attendance at the opening of the Northern Hotel, which contains 16 senior housing units and the first floor will contain retail space.

  1. LEGAL MATTERS:

EXECUTIVE SESSION: #120

M O T I O N

Commissioner Bender moved to go into Executive Session at 10:52 a.m. and cited 24-6-402(4)(a) C.R.S.

Motion carried 3 - 0.

Executive Session ended at 11:05 a.m.; no action was taken.

WEDNESDAY, NOVEMBER 21, 2001

EXECUTIVE SESSION #121

The Board of County Commissioners met with Frank Lancaster, County Manager at 10:30 a.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Mr. Lancaster stated the Commissioner Gibson has requested that County offices close at noon on Christmas Eve. Consensus of the Board is to close at noon on Christmas Eve but to notify each elected official to make a decision regarding their offices.

M OT I O N

Commissioner Bender moved to go into executive session at 10:35 a.m. and cited 24-6-402(4)(f).

Motion carried 3 - 0.

Executive session ended at 11:50 a.m.; no action was taken.

_____________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

MYRNA J RODENBERGER

CLERK AND RECORDER

(S E A L)

A T T E S T

_______________________________

Jean M. O'Connor, Clerk to the Board

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