MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, August 5, 2002

BOARD OF EQUALIZATION HEARING

(#78)

The Board of County Commissioners met as the Board of Equalization at 2:00 p.m. with Shirley Lindsey, Appraiser; President Gibson presided and members Bender and Rennels were present. Also present were Mary Brayton, Petitioners and Jean O'Connor, Clerk to the Board.

Ms. Brayton stated that they purchased the property in 1995 with the intention of retiring at the home. However, Ms. Brayton continued upon the advise of a local physician, she and her husband moved out of the unit because testing showed some infestation of toxic mold. Ms. Brayton noted that the value of the home significantly diminished based on inhabitability.

Ms. Lindsey stated that the property was originally valued at $125,700 and was adjusted to $96,600 during protest. Ms. Lindsey noted that statute allows a reduction of cost to cure for one year and that it is the opinion of staff that the existing reduction is fair.

Commissioner Rennels asked if claims have been filed regarding the condition of the home and Ms. Brayton replied in the affirmative. Commissioner Rennels stated that the issue of mold is probably better addressed at the State Board of Assessment Appeal level since this Board has no expertise in that area.

Commissioner Bender agreed and noted that the value has already been substantially adjusted.

M O T I O N

Commissioner Rennels moved that the Board of Equalization deny the petitioners request for further reduction of property valuation for parcel #8706107001 and advise petitioner of additional appeal venues.

Motion carried 3 - 0.

LAND USE HEARING

(#78)

The Board of County Commissioners met with Rob Helmick, Planning Department; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were David Karan and Claudia DeLude, Planning Department; Jim Reidhead, Rural Land Use Center; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Gibson stated that Item 1 Teal Creek PUD Final Plat and Development Agreement has been removed from the agenda at the request of staff. Chair Gibson also noted that the following items are consent and would not be discussed unless requested by the Board or members of the audience.

2. PRELIMINARY PLAT REVIEW- FLOYD HICKS SUBDIVISION, REPLAT OF LOT 8: N.E. 1/4 OF SECTION 2, TOWNSHIP 4N, RANGE 69W. LOCATED IN CAMPION ON COUNTY ROAD 14/STATE HIGHWAY 60 (A.K.A. 42ND STREET) ABOUT 400 FEET WEST OF STATE HIGHWAY 287.

This is a request for Preliminary Plat Review of Floyd Hicks Subdivision, Replat of Lot 8 to subdivide property into two (2) lots to add one residential site for the placement of a relocated house. This submittal requires approval of an Appeal of Development Design standard. Staff recommendation is approval with the following conditions 1. A design of a water quality detention facility is provided with the Final Plat submittal and approved by Larimer County Engineering; 2. The grading and drainage plans are signed and stamped by a licensed professional engineer; 3. A provision will be included in the Development Agreement that approval will not negate the nonconforming status concerning the setback of the existing residence; 4. County Commissioner approval of the appeal of the lot dimension ratio design standard must be obtained; 5. The lowest floor elevation will need to be 3 feet above groundwater elevation; 6. The following fees shall be collected at building permit for new single family dwellings: Thompson R2-J school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, the Larimer County Park Fee in lieu of dedication and drainage fees. The fee amount that is current at the time building permit application shall apply. Prior to construction, the applicant must contact the County Engineering Department and obtain a Development Construction Permit.

3. FLOYD HICKS SUBDIVISION, LOT 8 APPEAL N.E. 1/4 OF SECTION 2, TOWNSHIP 4N, RANGE 69W. LOCATED IN CAMPION ON COUNTY ROAD 14/STATE HIGHWAY 60 (A.K.A. 42ND STREET) ABOUT 400 FEET WEST OF STATE HIGHWAY 287

This is a request to Appeal the Development Design standard (LCLUC Section 8.14.2.K) concerning proportionality of lot dimensions. Staff recommendation is approval.

4. ALVERSON R.L.U.P. APPEAL TO ENGINEERING RECOMMENDATIONS AND APPENDIX G-DESIGN & CONSTRUCTION STANDARDS FOR PRIVATE LOCAL ACCESS ROADS PROVISIONS FOR APPROVAL OF FINAL PLAT: S 1/2 OF SE 1/4 35-4-70; GENERALLY LOCATED APPROXIMATELY 6 MILES WEST OF STATE HIGHWAY 287 AND ONE MILE SOUTH OF THE INTERSECTION OF COUNTY ROAD 4 AND COUNTY ROAD 27E.

This is a request for an appeal to the recommendations made by the Engineering Department regarding emergency access, road design, and floodplain issues. Staff recommendation is approval of the above appeals and that the applicant be allowed to proceed to final approval based on the sufficiency of the documentation that has already been provided. This would require minor changes in the Development Agreement and Disclosure Statement. The County Attorney must approve these additions and/or changes. Once these minor changes are made and the documents signed, this project would proceed to Administrative Matters for Final Approval and recording.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.

Motion carried 3 -0 .

  1. ARVIDSON ZONING VIOLATION: 7157 W. HIGHWAY 34, LOVELAND

Alleged violation of Land Use Code Section 4.1.2 Outdoor storage is not a permitted use in the FA1-Farming zoning district. Ms. DeLude stated that the property owner had applied for a building permit this morning and requested the Board table this item to September 9, 2002 at 3:00 p.m.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners table the Arvidson Zoning Violation to September 9, 2002 at 3:00 p.m. as recommended by staff.

Motion carried 3 - 0.

6. WOLFE ZONING VIOLATION: 4815 BONNELL DRIVE, LOVELAND

Alleged violation of the Land Use Code Section 4.1.2: Vehicle repair/ salvage/storage/sales are not permitted uses in this zoning district; and Section 4.3.10(E): Only those vehicles....owned by the occupant...may be stored on the same lot...with the dwelling. Staff findings are 1. The property is zoned FA1-Farming; 2. The FA1-Farming zoning district does not permit vehicle repair/salvage/storage/sales; 3. Only those vehicles .owned by the occupant may be stored on the same lot with the dwelling; 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; 6. The property owner has been notified in the past of the same violation. Staff recommendation is 1. Find that a violation exists; 2. Require compliance within 60 days. Compliance would require that all vehicle repair/salvage/storage/sales cease within 60 days and that the property remain in compliance; 3. Authorize legal action if the deadline is not met; 4. No unlicensed and/or inoperable vehicles shall be stored on the parcel.

Ms. DeLude informed the Board that zoning violations of this type have occurred at this parcel for several years. It seems, Ms. DeLude continued, that each time a violation is found, the property owner brings the parcel into compliance only to have the property deteriorate again. Ms. DeLude noted that the property owner is not present at this time.

Chair Gibson opened the hearing for public comment and Mr. Gary Peterson, President of Bonnel Acres Subdivision Homeowners Association (HOA), stated that several homeowners are present to voice concern with this violation.

Mr. Dave Herb-Bonnel, past President of the HOA, stated that he has dealt with the owner over the past several years and requested the Board find a violation exists and ongoing compliance.

Mr. Jerry Evans stated that as of today, the property is closer to compliance than ever before, yet is still far from compliance.

Mr. Ed Ellsworth stated that he lives across the street and concurs with all comments since he is unfortunate to look at the property everyday. Mr. Ellsworth noted that Mr. Wolfe was President of the HOA in the past and has knowledge of covenants and compliance.

Mr. Jim Digby stated that he agrees with all previous statements.

At this time the hearing was closed to the public and Chair Gibson recognized the property owner Mr. John Wolfe.

Mr. Wolfe stated that he had mailed the HOA a letter of intent March 17, 2002 to clean up and sell the parcel due to ongoing health problems with his wife and himself, but the letter was obviously ignored. Mr. Wolfe stated that all vehicles are titled in his name.

Ms. Alice Wolfe noted her husbands ailing health due to an accident two years ago causing a closed head injury and how stress causes more severe personality changes.

Commissioner Rennels asked if the home is currently listed and Mr. Wolfe stated yes, since June this year. Commissioner Bender asked how long it would take to bring the property into compliance with respect to the vehicles and Mr. Wolfe believed by the end of September.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners find a violation exists; require compliance within 60 days, compliance includes that all vehicle repair/ salvage/storage/sales cease within 60 days and the property remain in compliance; authorize legal action if the deadline is not met; and that no unlicensed and/or inoperable vehicles shall be stored on the parcel.

Motion carried 3 - 0.

M O T I O N

Member Rennels moved that the Board of County Commissioners approve the recommendations of the referees for the Board of Equalization for July 31, 2002.

Motion carried 3 - 0.

There being no further business, the hearing recessed at 3:35 p.m.

LAND USE HEARING

(#79)

The Board of County Commissioners met with Rob Helmick, Planning Department; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Sarah Flick, Planning Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

1. MARTENS SUBDIVISION AT CARTER LAKE: SW 1/4 OF SECTION 15, T 4N, R 70W; LOCATED ALONG THE WEST SIDE OF COUNTY ROAD 31, JUST SOUTH OF CARTER LAKE

This is a request for Preliminary Plat approval to divide a 36.11-acre parcel into two lots of 16.11 acres and 18.43 acres, located along County Road 31. The applicant is also petitioning for an Exemption so that the Colorado Division of Water Resources will grant a permit for a new, in-house well on the proposed new lot. Staff recommendation is approval of the Martens Subdivision Preliminary Plat with the following conditions 1. The Subdivision must meet Larimer County Land Use Code standards for Domestic Water Level standards (see LCLUC, Section 8.1.2). A shared well can be utilized, or the applicants can obtain an additional domestic well permit from the Colorado Division of Water Resources by preparing a water augmentation plan. The Subdivision cannot utilize cisterns, or any other method of water supply where trucks or other vehicles would have to transport water into the Subdivision; 2. Per requirements stated by the Berthoud Fire Protection District stated in their letter dated 6/5/01 a) The applicants must either install a fire hydrant within 1000 feet of the new residence on Lot 2 that meets Berthoud Fire's flow requirements; or b) A residential fire sprinkler system must be installed in the house on Lot 2; 3. Per requirements stated by the Colorado Geological Survey in their letter dated 6/11/01 "At least one boring must be drilled beneath any proposed building site for Lot 2. No structures - including house and garage - may be built over subsurface voids"; 4. A 60-foot, dedicated right-of-way along Sprague Avenue must be shown on the Final Plat, as required by the County Engineering Department in their letter dated 11/1/01; 5. Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Building Department once the structure is enclosed but prior to issuance of a certificate of occupancy. As an alternative, a builder may present a prepaid receipt for a radon tester that 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 following fees shall be collected at building permit for new single family dwellings: R-2J Thompson school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply; 7. The applicant shall provide a Disclosure Notice to be approved by the County as a part of the Final Plat, and recorded with the Final Plat. This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. Included but not limited in this are the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 8. Fulfill Division of Wildlife requirements to keep the new homesite out of the mule deer habitat located in the foothills at the western edge of the property. (see Division memos dated 6/5/01 & 8/27/00)). (required buffers from important wildlife habitat addressed in LCLUC Section 8.4.5)

Ms. Flick briefed the Board regarding the Martens Subdivision and that staff supports the proposal as outlined above.

Ms. Maxine Martens, the applicant stated that she is also requesting an exemption to the submittal so the Colorado Division of Water Resources will grant a permit for a new, in-house well on the new lot. Without the exemption, Ms. Martens continued, approximately 3000-thousand feet of pipe would have to be laid in addition to digging up Sprague Road. Originally, Ms. Martens noted an appeal was requested and approved from the Conservation Development (CD) requirement, however in the current drought, a shared well would be insufficient. Therefore, Ms. Martens stated the proposal is also petitioning for an in-house well for each lot, which could only be accomplished if the proposal is exempted from the subdivision process.

Much discussion ensued regarding the potential to re-drill the existing well vs. being exempted from the Subdivision process. Mr. Helmick noted that, if the Board grants the exemption from the Subdivision process, a potential consequence could be an unregulated development with no restrictions or guidelines.

Chair Gibson noted that there is no public present to comment on this item.

Commissioner Rennels stated the difficulty is granting an exemption to an exemption (appeal) and noted that other options are available to the applicants. The applicants, Commissioner Rennels continued, should choose from the options available to them, not the Board. Ms. Martens stated that if a well were to be shared, the lying of 3000-thousand feet of pipe would disturb wildlife habitat as well as Sprague Road, which services other residents.

Commissioner Bender stated that the old, previously abandoned well could be re-drilled as a replacement well.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Martens Subdivision as presented and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 8:15 p.m.

ADMINISTRATIVE MATTERS

(#77)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were George Hass, Jeannine Haag and Linda Connors, County Attorney's Office; Marc Engemoen, Engineering Department; Ginny Riley and Myrna Maier, Human Services; Donna Hart and Deni La Rue, Commissioner's Office; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: The following citizens addressed the Board regarding the issue of increasing the Board of County Commissioners to five: Larry Chisesi, Gina Jennett, Nate Donavan, and Diane Spaulding.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 29, 2002:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of July 29, 2002 as presented.

Motion carried 3 - 0.

  1. APPROVAL OF THE SCHEDULE FOR THE WEEK OF AUGUST 12, 2002:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of August 12, 2002 as presented.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following documents as published on the consent agenda:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Beyer, Bretches, Fitzgerald, Godin, Greenwald, Hall, Huber, Kelly Farms Development, Novacek, Proctor, Purcell, Rouch, Sconzo, Sharps, Sheldon, and Siedhoff.

A02-122 AMENDMENT TO CONTRACT #C99-14 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE

R02-159 FINDINGS AND RESOLUTION APPROVING THE KAPPERMAN SUBDIVISION

R02-160 FLOOD PLAIN SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF ANHEUSER-BUSCH, INC.

R02-161 FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT FOR THE STREAMSIDE PLANNED LAND DIVISION AND REZONING

R02-162 FINDINGS AND RESOLUTION APPROVING THE EXTENSION OF PRELIMINARY PLAT APPROVAL OF THE MILLER SUBDIVISION

R02-163 FINDINGS AND RESOLUTION APPROVING THE AUTUMN CREEK CONSERVATION DEVELOPMENT

R02-164 RESOLUTION APPROVING AMENDMENTS TO THE LARIMER COUNTY URBAN AREA STREET STANDARDS

R02-165 FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT OF HARVEY ROLLING HILLS PLANNED LAND DIVISION

R02-166 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE VOICESTREAM WIRELESS ANTENNA TOWER

R02-167 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE HMS RICHARDS SCHOOL

R02-168 FINDINGS AND RESOLUTION APPROVING THE VANDER MOLEN CONSERVATION DEVELOPMENT AND APPEAL

R02-169 FINDINGS AND RESOLUTION APPROVING THE GOLDEN ACRES MINOR LAND DIVISION

MISCELLANEOUS: 2001 Closeout of Colorado Department of Labor and Employment Grant and Ramona Heights Amended Plat Block 17 Lots 1A&B, 2A&B, 18A&B, and 19A&B.

LIQUOR LICENSES: The follow licenses are approved Tornado Club- Tavern- Fort Collins, CO; Cottonwood Hollow- H&R- Livermore, CO; Gonzalo's Spanish Manor, Inc- Tavern- Fort Collins, CO; and Red Feather Super Market- 3.2%- Red Feather Lakes, CO. The following licenses were issued Coach House Bar and Grill- Tavern- Loveland, CO; Big Thompson Canyon Volunteer Fire Dept- Special Events 6%- Loveland, CO; and JJ's Country Corner- 3/2%- Fort Collins, CO.

Motion carried 3 - 0.

5. RESOLUTION OF CONVEYANCE AND QUIT CLAIM DEED: Mr. Engemoen stated that a Resolution of Conveyance and Quit Claim Deed for the Rights-of-Way (ROW) and Easements for St. Cloud Drive and Rochester Drive between Crossroads Boulevard and the County Fairgrounds and Events Complex is forthcoming once the Shonefelder plat has been executed. These ROW and easements, Mr. Engemoen continued are necessary for sufficient access to the complex and requested the Board approve the Resolution and authorize the Chair to sign upon receipt and the execution of the Shonefelder plat.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the adoption of the resolution for conveyance and quit claim deed for the rights-of-way and easements for St. Cloud Drive and Rochester Drive between Crossroads Boulevard and the Larimer County Fairgrounds and Events Complex and authorize the Chair to sign upon execution of the Shonefelder plat.

Motion carried 3 - 0.

R02-170 RESOLUTION OF CONVEYANCE AND QUIT CLAIM DEED FOR RIGHTS-OF-WAY AND EASEMENTS FOR ST. CLOUD DRIVE AND ROCHESTER DRIVE BETWEEN CROSSROADS BLVD. AND LARIMER COUNTY FAIRGROUNDS AND EVENTS COMPLEX

6. REQUEST FOR WAIVER OF COMMISSIONER SIGNATURE FOR A SPECIAL IMPROVEMENT PROJECT GRANT: Ms. Riley explained that this is a pilot program grant to hire judge time to resolve parental responsibility (custody and visitation) issues in the amount of approximately $160,000 for a 17-month period. If the pilot program is successful, Ms. Riley continued future funding might come from the courts. Ms. Riley requested the Board's approval and to allow the County Manager to sign the grant due to time constraints. Chair Gibson stated that the Chair should sign if available.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorized the Chair or the County Manager to sign the final Special Improvement Project (SIP) Grant from the Federal Office of Child Support Enforcement Office upon receipt.

Motion carried 3 - 0.

7. WORK SESSION: None

  1. COMMISSIONER REPORTS: The Board noted their attendance at events last week.

9. LEGAL MATTERS: Mr. Hass presented a draft resolution for increasing the Board of County Commissioner to 5 and discussed the four options to elect the Board. Mr. Hass noted that at minimum, two of the four options must be on the ballot. Commissioner Bender stated that the Board did not refer the issue to the ballot, the Board only directed staff to draft language. Commissioner Bender stated that he has not seen overwhelming support to place the issue on the ballot. Commissioner Rennels stated that she had supported asking the question of the voters and that the Citizens for 5 Commissioners, at that time, chose not to submit petitions in support of the initiative. Chair Gibson stated that he believes increasing the Board to 5 would only increase bureaucracy and decrease services such as restaurant inspections.

Ms. Haag stated that Phantom Canyon Ranch, approved several years ago, is not technically a subdivision, therefore there are no individual parcels. Ms. Haag presented a map and resolution to create a paper trail for staff in the Building Department so they know when to issue a building permit. Ms. Haag stated that citizens with the desire to preserve Phantom Canyon bought interest in the land, which in turn allowed them to build a cabin. The resolution, Ms. Haag continued, authorizes the issuance of building permits for outstanding interests.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve and assign resolution for building permits within Phantom Canyon Ranch.

Motion carried 3 - 0.

R02-171 RESOLUTION AUTHORIZING THE ISSUANCE OF BUILDING PERMITS WITHIN PHANTOM CANYON RANCH

Commissioner Rennels noted that the Phantom Canyon Ranch Weed Association is requesting a letter of support for submission of a GoCO grant for fire suppression.

Ms. Connors presented the Board with a final copy draft of the Animal Ordinance and reviewed the sections staff was directed to address. The Board raised several other areas of concern and requested staff revise the ordinance once again for clarity.

EXECUTIVE SESSION

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into executive session at 10:45 a.m. and sited 24-6-402-(4)(b) C.R.S.

Motion carried 3 - 0.

Executive session ended at 11:10 a.m.; no action was taken.

___________________________________

GLENN W. GIBSON, 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