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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, February 11, 2002

LAND USE HEARING

(#13)

The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Greg White, Attorney for the Town of Estes Park; Christie Coleman, Civil Engineer; Karin Knauf, Planner I; Claudia DeLude, Code Enforcement Officer; Jeannine Haag, Assistant County Attorney; Doug Ryan, Environmental Planner; and Jean O'Connor, Recording Clerk.

Chair Gibson stated the following items are consent and would not be discussed unless requested by the Board of members of the audience. Mr. Jim Martell requested that item #2 Stanley Heights be removed from the consent agenda.

1. EAGLE CLIFF CONDOMINIUMS FINAL CONDOMINIUM MAP: THE SITE IS LOCATED ON 2111 EAGLE CLIFF ROAD, IN THE UNINCORPORATED ESTES VALLEY.

This is final condominium map application for Eagle Cliff Condominiums to condominiumize five existing units on one lot. Staff recommends approval of the Eagle Cliff Final Condominium Map with the remaining conditions 1. There shall be a note on the plat identifying the separate private access easement on Lot 2; 2. The Community Development Department will not grant zoning approval for a building permit to expand any existing units until the owner completes the improvements outlined in the Eagle Cliff Condominium Improvements Construction Cost Estimate dated December 14, 2001; 3. A copy of the recorded declaration shall be submitted to the Town within thirty (30) days of final plat approval.

3. YELEK EXEMPTION AMENDED PLAT: SOUTH 1/2 OF SECTION 27, TOWNSHIP 5, RANGE 70 WEST AND NORTH 1/2 OF SECTION 34, TOWNSHIP 5, RANGE 70 WEST; LOCATED ON THE WEST SIDE OF COUNTY ROAD 31 APPROXIMATELY 1/2 MILE NORTH OF CARTER LAKE.

This is a request for an Amended plat to reconfigure the boundary line between an exemption parcel and a meets & bounds parcel to the south. The emended exemption will allow better access to the exemption parcel. Parcel sizes will remain essentially the same. Staff recommendation is to approve the Amended Yelek Exemption Plat, File #01-S1898 with the following conditions 1. All conditions shall be met and the Final Plat recorded by August 11, 2002 or this approval shall be null and void; 2. The applicant must comply with Qwest's requirements for relocation of facilities and pay for such relocation.

At this time Chair Gibson excused himself from the hearing due to a potential conflict of interest pertaining to item #3.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Eagle Cliff Condominiums Final Plat and Yelek Exemption Amended Plat #01-S1898 as presented and outlined above.

Motion carried 2 - 0.

Chair Gibson returned to the hearing.

2. LOT 48 AND A PORTION OF LOT 47, STANLEY HEIGHTS SUBDIVISION REZONING APPLICATION: THE SITE IS LOCATED ON EAST LANE, WITHIN THE UNINCORPORATED ESTES VALLEY.

This is a request to rezone the property from "RE" Rural Estate, with a 2.5-acre minimum lot size to "E-1" Estate, with a one-acre minimum lot size. Staff recommendation is approval of the Rezoning of Lot 48 and a portion of Lot 47, Stanley Heights Subdivision from RE-Rural Estate to E-1 Estate. The rezoning would be conditional in that it is solely for purposes of allowing subdivision of a parcel into two lots for single-family residential use. The need for the rezoning is based on the fact that there is no other process available to obtain a waiver or variance from a minimum lot size requirement.

Mr. White, representing Estes Park staff, briefed the Board on the application and noted that the applicant believed, when the parcel was purchased, it had been legally subdivided into two lots because of a deed that was recorded prior to 1972. Mr. White requested the Board overturn staff opinion and the decision of the Estes Valley Board of Adjustment.

Mr. John Phipps, attorney for the applicant stated that the 1-acre lot has a deed that was recorded prior to May 1972 and also meets the definition of "Legal Lot" contained in the Estes Valley Development Code. Mr. Phipps further stated that the applicant is willing to subdivide into 2- 2-acre lots with public sewer instead of creating a 1-acre lot.

At this time the hearing was opened to the public and Mr. Jim Martell, attorney representing the Stanley Heights Homeowners Association (HOA) stated that he disagrees with the previous statements and noted the request before the Board is to "Re-zone" the parcel in order to allow 2-residential units on 1-lot, yet the parcel has always been conveyed as one- buildable lot. Mr. Martell noted several recent Colorado Supreme Court cases, which ruled against "spot zoning"; and further noted that zoning can not be distinguished on a "one-lot" basis.

Mr. Allen Aspenal, area property owner stated that most surrounding parcels are 3-acres and that the creation of a 1-acre lot would be precedent setting.

Mr. James Durwood, area property owner noted that he has lived in the area since 1968 and agreed with the previous statement and stated that the Stanley Heights covenants also require a minimum lot size of 2.50-acres. Mr. Durwood encouraged the Board to endorse the decision of the Estes Valley Planning Commission and staff.

Mr. George Nieson, adjacent resident provided the Board with an aerial and described the area.

Mr. David Richards opposed the request before the Board for the following reasons 1. Precedent setting; 2. Preferred setbacks are 50-feet; and 3. Allowing one-acre lots would not keep the existing character of the neighborhood.

At this time the hearing was closed to the public and Mr. Phipps rebutted by noting the setbacks can be met and that the expansion of the sewer line could benefit 3 - 5 other lots.

Commissioner Bender asked if any other re-zoning requests have been received and Mr. Durwood replied having heard only one.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners re-open public comment.

Motion carried 3 - 0.

Mr. David Richard stated no other requests have been received.

Mr. Nieson noted that another property owner had to build an above ground septic.

At this time the hearing was closed to the public and Commissioner Rennels asked if there is any other provision within the Estes Valley Development Code to divide land or waive minimum lot size and Mr. Legg stated there is not.

Commissioner Bender stated that the "spot zoning" is a compelling argument and Commissioner Rennels agreed with the decision of the planning commission.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners deny the rezoning of Stanley Heights Lots 48 and a portion of Lot 47.

Motion carried 3 - 0.

  1. JOHNSON ZONING VIOLATION: 412 EDGEWOOD DRIVE, LOVELAND

This is an alleged violation of Section 4.1.12(B)(2) of the Larimer County Land Use Code; The Minimum setbacks for the R-2 Residential zoning district are Front setback: 20 feet; Side setback: 6 feet; Rear setback: 20 feet; and Section 21.1(B) of the Larimer County Land Use Code states: "It is unlawful to...erect, construct, reconstruct, remodel, or improve any building or structure...without first obtaining a building permit..." Staff findings include 1. The property is zoned R-2 Residential; 2. Per Section 4.1.12(B)(2) of the Larimer County Land Use Code states: The Minimum setbacks for the R-2 Residential zoning district are Front setback: 20 feet; Side setback: 6 feet; Rear setback: 20 feet; 3. The swimming pool is located 8 feet from the rear property line; 4. The swimming pool is located within a utility easement; 5. The setback violation continues without the benefit of county approval; 6. Inspections have not been completed on the deck; 7. The continued use of the property, in violation of the Land Use Code, will affect property values in the neighborhood. Staff recommendation is 1. Find that a violation exists; 2. Due to potential bad weather, require compliance within 8 months. Compliance would require: a) Remove the swimming pool entirely, OR b) Obtain proper building permits and inspections to relocate the swimming pool so that it is not in the utility easement and meets setbacks, OR c) Submit planning applications to vacate the easement and obtain a setback variance, and upon approval, obtain a valid building permit with proper inspections conducted; 3. Inspections must be completed on the deck and the building permit finaled; 4. Authorize legal action if the deadline is not met.

Mr. George Johnson stated that he could not move the pool because it would be in his house. Mr. Johnson noted that he does not agree with the system, but would comply with the regulations. Ms. DeLude noted that building permit have doubled since Mr. Johnson has been "red-tagged". Mr. Johnson stated that he had hired a contractor to build his deck and that the contractor did not apply for a permit.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioner find a violation exists and require compliance as outlined above by staff.

Motion carried 3 - 0.

There being no further business, the hearing recessed at 4:15 p.m.

LAND USE HEARING

(#14)

The Board of County Commissioners reconvened at 7:00 p.m. with Russ Legg, Chief Planner; Chair Gibson presided and Commissioner Bender was present. Also present were Sarah Flick and Doug Ryan, Environmental Planners; Christie Coleman, Civil Engineer; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

1. MARIE SUBDIVISION PRELIMINARY PLAT: NW 1/4 OF SECTION 4, T 4N, R 69W; ALONG SOUTH SIDE OF WEST CR 14, JUST NORTH OF LONETREE RESERVOIR

This is a request to create a two-lot subdivision; one 3.01-acre parcel with an existing house, and one 6.03-acre parcel. The applicant is appealing the Larimer County Access Policy, Section 3.2, and the Larimer County Land Use Code Section 8.6.3.B1c, both of which state minimum distances between access points along major collector roads. Staff findings is that the proposed Marie Subdivision does not comply with the Larimer County Access Policy (Section 3.2) or the Larimer County Land Use Code (Section 8.6.3 B1c), both of which require a minimum of 1700 feet between access points along major collector roads such as CR 14. Staff recommendation is for approval of the Marie Subdivision, File #00-S1674, with the following conditions 1.The driveways for Lots 1 & 2 must extend from the northern 535 feet of the existing access located along the western property boundary; 2. Applicant must submit an agreement, signed by the applicant and the Home Supply Ditch and Reservoir Company, describing access easements and rights of the applicant and the Company. If the ditch is not affected in any way by the proposed subdivision, the applicant must produce a letter from the Company that acknowledges this fact. The letter must be received by the time the Final Plat is recorded; 3. If the driveway for Lot 2 is longer than 150 feet, the house will either have to be fire-sprinkled, or the driveway will "require an approved turnaround" (Loveland Fire Prevention Bureau, 8/17/01).

Ms. Flick briefed the Board on the application and noted that, based on discussion at the Planning Commission hearing, the applicant has submitted a revised preliminary plat for the Board's consideration. Ms. Coleman explained the County Access Policy and noted that Engineering staff does not support the proposal.

Mr. Scott Ballinger, the applicant provided history of the property and noted that currently there are four accesses; of which he is proposing to reduce to two, and the County Access Engineer supports. Mr. Ballinger also noted that the Loveland Fire Department also supports the revised plat in that it provides a better situation for life and safety issues.

Mr. Dave Milner noted that he has lived adjacent to the proposal since 1976 and that it is visually difficult to enter the highway at the current access. Mr. Milner stated his support to eliminate two accesses and the use of the already publicly dedicated Dyer Road.

Ms. Coleman clarified that the dedicated portion of Dyer Road is only 535-feet and that the applicant is still required to provide an emergency turnaround at the residence. Ms. Flick also reiterated that the applicant would still be required to sprinkler the home if a fire hydrant is not installed. Mr. Ballinger noted that he has offered for the Little Thompson District to install a hydrant at the new driveway and that his intension is to sprinkler the new home.

At this time the hearing was closed to the public and much discussion ensued regarding the potential for additional future development and accesses.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners re-open the public hearing for comment.

Motion carried 2 - 0.

Mr. Ballinger stated that there would be no future development.

At this hearing was closed to the public again.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners deny the applicant's appeal of the Larimer County Access Policy Section 3.2 and Section 8.6.3.c of the Larimer County Land Use Code; and the Board approve the request to create a two-lot subdivision as outlined above.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 8:00 p.m.

TUESDAY, FEBRUARY 12, 2003

ADMINISTRATIVE MATTERS

(#15)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Gibson and Commissioners Bender and Rennels were present. Also present were Russ Legg, Chief Planner; Larry Timm, Director of Planning; Jeannine Haag, Assistant County Attorney; Claudia DeLude, Code Enforcement Officer; Janelle Henderson, Director of Natural Resources; Mark Peterson, County Engineer; Marc Engemoen, Director of Public Works; Deni La Rue, Community Information Manager; Donna Hart, Commissioner's Administrative Manager; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 4, 2002:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of February 4, 2002 with noted revision.

Motion carried 3 - 0

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 18, 2002:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of February 18, 2002 as presented.

4. CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following items as published on the consent agenda for February 12, 2002:

ACTION ITEM: Letter of support for the City of Fort Collins Funding request for FY 2003 New Starts Program and Federal Transit Administration Capital Assistance Grant U.S.C. 49, Section 5309.

PETITIONS FOR ABATEMENT: Bowers; Bryant; Cascade Falls Property Group; Cedar Ridge @ Estes Park; Duke Communication Int'l; Emerson; Frank; Grime Carpet Cleaning; Hein; Jacoby; Lang; Large Animal Vet Services; Martin; McKee; Middlebrook; Reale; and Russell.

A02-19 JUSTICE CENTER LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS FOR MUNICIPAL COURT SPACE

A02-20 WARRANTY MEMORANDUM AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DINO DITULIO FOR LAKESIDE LLC FOR THE VISTA @ COTTONWOOD SHORES PUD, FIRST FILING

A02-21 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ROD MARKIN, MARKIN CONSULTING FOR SERVICES REGARDING THE LARIMER COUNTY EVENTS CENTER

A02-22 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ACKERMAN LAND AND LIVESTOCK COMPANY FOR CONVEYANCE OF PERMANENT DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT

C02-03 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND AQUATIC AND WETLAND COMPANY TO CONSTRUCT SCOUR PROTECTION FOR BRIDGE #82-0.2-15

R02-27s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKES SUBDIVISION

R02-28s FINDINGS AND RESOLUTION DENYING THE KAPPERMAN SUBDIVISION

R02-29s FINDINGS AND RESOLUTION FOR INTERCHANGE BUSINESS PARK PUD AMENDMENT

R02-30s FINDINGS AND RESOLUTION APPROVING THE VACATION OF A DEDICATED RIGHT-OF-WAY AND DENYING THE VACATION OF A RESERVED RIGHT-OF-WAY IN THE HANNA MINOR LAND DIVISION

R02-31g FINDINGS AND RESOLUTION GRANTING THE RELEASE OF DEVELOPMENT COLLATERAL & WARRANTY COLLATERAL FOR EAGLE RANCH II ESTATES

R02-32g FINDINGS AND RESOLUTION APPROVING THE NORDHOUGEN MINOR LAND DIVISION

MISCELLANEOUS: Amended Plat of residual Lots A & B, Martha's Farm R.L.U.P.; Amended Plat of residual Lots A & B, Charlotte's Farm R.L.U.P.; and Approve Ptarmigan Public Improvement District #20 Roads Advisory Board By-Laws.

LIQUOR LICENSES: The following licenses were issued A Hunt Club- 6%- Fort Collins, CO; and Branding Iron Liquor- 6%- LaPorte, CO.

Motion carried 3 - 0.

5. EMPLOYEE RECOGNITION: The Board presented Beth Miller, Gary Janezich, and Janelle Henderson with certificates of appreciation and recognition of their volunteer work. Ms. Miller was the successful Food Drive Coordinator again this year and won the "Food Drive Trophy" back from the City of Fort Collins. Mr. Janezich and Ms. Henderson coordinated a successful United Way Campaign raising more money this year in tougher times, than that raised last year.

6. APPROVAL OF A WAIVER OF POLICY TO FILL WEED SPECIALIST I POSITION IN THE LARIMER COUNTY WEED DISTRICT: Ms. Henderson noted that a current temporary employee is qualified for this position and has already received much training in the Weed Specialist I area.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioner approve a waiver of Policy 203 and allow the Weed District to offer the position of Weed Specialist I to Kyle Fornander.

Motion carried 3 - 0.

7. REQUEST TO ADVERTISE AND NEGOTIATE FOR THE POSITION OF ASSISTANT COUNTY ENGINEER AND USE FULL COMPENSATION RANGE FOR SAID POSITION: Mr. Peterson stated that over the past few years, it has been difficult to recruit qualified applicants within the Engineering Department and request that this position be allowed to advertise at full salary range and dependant upon the applicants' qualifications, the ability to negotiate above Step 5.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the County Engineer to advertise for and negotiate with a suitable candidate for the position of Assistant County Engineer and, depending upon experience and qualifications, hire an individual at a salary that falls within the full compensation range for the position.

Motion carried 3 - 0.

8. WORK SESSION: Mr. Lancaster presented the Board with the Fairground Development Agreement, which was approved last week. Mr. Lancaster also presented the Board with a Quarterly Monitoring Report in accordance with Policy 3.3 and noted that some county funds do not and should not have a 10% reserve such General Improvement Districts. Mr. Lancaster recommended the Board consider a modification of Policy 3.3 to address the purpose of such funds and compliance with the policy.

A02-23 FAIRGROUNDS DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF LOVELAND

  1. UPDATE AND DISCUSSION RE: HIGHWAY 14 AND SOUTH COLLEGE ACCESS PLANS: Mr. Peterson stated that the South College plan has been through public meetings for the past year and that recommendations from the consultant were presented to the Fort Collins City Council last evening. Mr. Engemoen noted that both plans provide a "Vision" of which all parties, the County, the City of Fort Collins and the Colorado Department of Transportation, agree. However, there are no mechanisms in place to implement the plans. The Intergovernmental Agreement (IGA), Mr. Engemoen continued should contain provisions for the entities involved to negotiate and determine "fair compensation" from businesses and development. Mr. Engemoen requested direction from the Board as to whether the IGA should be regulatory or used as a guide. Much discussion ensued regarding who would pay, when they would pay, how much would be paid and whether it should be adopted as a "Master Plan" or a regulation. Consensus of the Board is to continue negotiations for implementation and continue, at this point, to use the plans as a guide.

10. COMMISSIONER REPORTS: Commissioner Bender noted his attendance at the Award Ceremony for the Sheriff's Department employees and the 4-H Auction Exchange at which he purchased a horse. Commissioner Rennels attended the Tax and Finance CCI meeting. Chair Gibson also attended the Awards Ceremony; the CCI Transportation meeting and met with citizens concerning the expansion of the campground at Carter Lake.

11. LEGAL MATTERS:

EXECUTIVE SESSION (#16)

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive sessions at 11:00 a.m. and sited 24-6-402(4)(b).

Motion carried 3 - 0.

Executive session ended at 11:15 a.m.; no action was taken.

There being no further business, the meeting adjourned at 11:15 a.m.

___________________________

GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

CLERK & RECORDER

(S E A L)

A T T E S T

______________________________

Jean M. O'Connor, Clerk to the Board

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