Elk in Rocky Mountain National Park
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Tuesday, September 3, 2002

ADMINISTRATIVE MATTERS

(#88)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Jerry Blehm, Health Department; Scott Doyle and Pam Nielsen, Clerk and Recorder's Office; Rob Helmick, Planning Department; Dave Lentz, Natural Resources; George Hass, County Attorney; Donna Hart, Commissioner's Office; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: The following citizens addressed the Board in support of referring a .03% mill levy to the November ballot for the County Health Department: Dr. Frank Vertucci, Lee Thielen, Carol Plock, Cindy Cloyd, and Kevin Wilson.

2. CONSIDERATION OF BALLOT PROPOSAL FOR MILL LEVY INCREASE FOR THE HEALTH DEPARTMENT: Commissioner Rennels stated that after the last work session with the Board of Health and the Health Department, she considered a 10-year sunset provision. After hearing the recommendation of the Health Board during public comment, Commissioner Rennels made the following motion:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve referring a resolution for an ad valorum tax on taxable real and personal property of 0.3 mills for use by the Larimer County Board of Health with a 7-year sunset provision.

Commissioner Bender stated that many citizens oppose a mill increase, which would have an impact on the very citizens that utilize the programs. Commissioner Bender further noted that if the measure passes at the November election, the Board could not guarantee traditional funding to the Health Department at the time of budget review and cautioned that this action could be precedent setting for other departments. Commissioner Bender stated that he could however, support the measure with a 7-year sunset provision, but not with a 10-year provision.

Chair Gibson stated that the Board of Health should have approached the Board and requested an adjustment to current budget funds. Chair Gibson further noted that if the State finds additional funding for the Health Department, the mill levy would remain on the books and therefore he could not support the motion. Chair Gibson also stated

Commissioner Rennels amended her motion to reflect a 7-years sunset provision instead of 10-years.

Motion carried 2 - 1. Chair Gibson dissented, noting that if he were to support a tax, it would be for transportation.

R02-177 RESOLUTION CALLING AN ELECTION TO CERTIFY A BALLOT TITLE FOR AN ADDITIONAL THREE TENTHS OF ONE MILL LEVY TO THE COUNTY AD VALORUM TAX TO BE DEDICATED FOR USE BY THE LARIMER COUNTY BOARD OF HEALTH AND TO COLLECT AND EXPEND THE REVENUE FROM SUCH ADDITIONAL TAX WITHOUT REGARD TO CONSTITUTIONAL AND STATUTORY LIMITS

3. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 19, 2002:

M O T I ON

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of August 19, 2002 as presented.

Motion carried 3 - 0.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of August 26, 2002 as presented.

Motion carried 3 - 0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the additional legal matters issue to the minutes for the week of July 22, 2002.

Motion carried 3 - 0.

4. APPROVAL OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 9, 2002:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the schedule for the week of September 9, 2002.

Motion carried 3 - 0.

5. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the consent agenda with the exception of the final plat for Big Valley Homesteads II Rural Land Plan, which has been removed from the agenda.

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Browning; Johnston; and Urology Center. The following petition for abatement is denied at the request of the petitioner Xerox Corporation.

A02-144 COMPENSATION/POSITION CONSULTANT SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LEE & BURGESS ASSOCIATES OF COLORADO, LLC

A02-145 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GALLERY HOMES, INC AND COLONY RIDGE ESTATES 2ND SUBDIVISION HOMEOWNERS ASSOCIATION

A02-146 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CONNELL RESOURCES, INC

A02-147 1ST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE HILL AT COBB LAKE LLC AND THE HILL COMMUNITY ASSOCIATION FOR THE HILL CONSERVATION DEVELOPMENT

R02-178 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR COLONY RIDGE ESTATES II SUBDIVISION

MISCELLANEOUS: Final Plat of Colony Ridge Estates II Subdivision and Grant proposal in response to SAMHSA SM 02-010, Jail Diversion Programs.

LIQUOR LICENSES: The following licenses were approved The Forks Mercantile- H&R- Livermore, CO and The Forks Mercantile- 3.2%- Livermore, CO. The following licenses were issued Custom Cakes & Catering, Inc- Optional Premises- Wellington, CO; Bohemian Cottage Restaurant- H & R- Loveland, CO; and Larry's Southwest Liquor- Retail- Loveland, CO.

Motion carried 3 - 0.

6. REQUEST FOR LEXMARK PRINTER/MICROFICHE READER: Mr. Doyle stated that this request was in the budget for last year and was denied pending additional information. Ms. Nielsen stated that currently the equipment is so old and worn, that it is costing more to maintain than it is worth. Mr. Lancaster stated that this equipment has been in process and funding is available from carry over funds.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the purchase of both the Lexmark printer and microfiche reader printer utilizing carryover funds.

Motion carried 3 - 0.

7. SUBDIVISION EXEMPTION FOR THE MARTENS: Mr. Helmick provided background regarding the Marten's request for an exemption to the subdivision process in order to get a well permit from the State. Commissioner Rennels stated that water is fast becoming a precious commodity and could not support the request for a second well during the drought status of the State. Commissioner Bender agreed with the staff recommendation for denial noting that the Martens have other options to pursue. Chair Gibson noted the uniqueness of the parcel in that it is divided by Sprague Avenue.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners deny the Marten request for an exemption to the subdivision process.

Motion carried 3 - 0.

8. APPROVAL OF LETTER TO THE UNITED STATES FISH AND WILDLIFE SERVICES: Mr. Helmick requested Board support of a letter to the US Fish and Wildlife Service requesting an additional 60-day response time regarding the designated critical habitat areas of the Preble's Meadow Jumping Mouse in Larimer County.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve and authorize the Chair to sign a letter of support for an additional 60-day comment period to the US Fish and Wildlife Service regarding the Preble's Meadow Jumping Mouse.

Motion carried 3 - 0.

9. ADD SPRUCE IPS TO THE PEST RESOLUTION: Mr. Lentz informed the Board that the City of Fort Collins is requesting assistance in controlling the Spruce Ips, a disease that is on the increase in Northern Colorado. Mr. Lentz requested that the Spruce Ips be added to the resolution concerning pest control.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners add Spruce Ips to the Pest Control Resolution.

Motion carried 3 - 0.

R02-179 RESOLUTION CONCERNING COUNTY PEST CONTROL AND PLANT DISEASE CONTROL PROCEDURES

10. APPOINTMENTS TO THE PLANNING COMMISSION: Mr. Lancaster noted that staff is recommending that Jeff Boulter and Jason Waldo be appointed to the Planning Commission for 3-year terms commencing October 1, 2002 and expiring June 1, 2005.

M O T I O N

Commissioner Rennels moved that Jeff Boulter and Jason Waldo be appointed to the Planning Commission as presented and outlined above.

Motion carried 3 - 0.

  1. WORK SESSION: None

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

13. LEGAL MATTERS: Mr. Hass stated that a resolution was forthcoming and requested the Board reconvene upon arrival.

There being no further business, the Board recessed at 10:45 a.m.

The Board reconvened and Mr. Lancaster noted it is time for the annual reassessment of the fee charge on phone bills for LETA. Mr. Lancaster stated that the recommendation is for the fee to remain the same and presented a resolution establishing a telephone exchange access facility charge for the Larimer Emergency Telephone Authority (LETA) and requested approval.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the resolution establishing a telephone and wireless exchange access charge for LETA.

Motion carried 3 - 0.

R02-180 RESOLUTION ESTABLISHING A TELEPHONE EXCHANGE ACCESS FACILITY CHARGE AND A WIRELESS COMMUNICATIONS ACCESS CHARGE FOR THE LARIMER EMERGENCY TELEPHONE AUTHORITY EFFECTIVE JANUARY 2. 2003

There being no further business the Board adjourned at 11:10 a.m.

LAND USE HEARING

(#89)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Roxanne Hayes, Engineering Dept.; Sarah Flick, Matt Lafferty and Carol Evans, Planning Dept.; Doug Ryan, Health Dept.; George Hass, County Attorney; and Jean O'Connor, Recording Clerk.

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

Ms. Ruthanne Caulkin stated that she is also owner of record for Cherokee Park Station MLD.

1. CEDAR PARK 2ND FILING STREET NAME CHANGE REQUEST: 34 & 35-16-71; IN CEDAR PARK SUBDIVISION 2ND FILING, NORTH OF DRAKE AND THE BIG THOMPSON CANYON.

This is a request to re-name two roads in Cedar Park 2nd Filing to eliminate duplicate street names in the area per Sections 5.11.4 and 5.11.5 of the Larimer County Land Use Code. Staff recommendation is approval of the proposed street names, changing Palisade Mountain Drive in Cedar Park 2nd Filing to Snow Top Drive and changing Palisade Court in Cedar Park 2nd Filing to Picacho Place.

2. AMENDED PLAT OF WALTONIA ADDITION, LOTS 9 & 10: NW 1/4 OF SECTION 9, T5N, RANGE 71W; IN THE BIG THOMPSON CANYON, SOUTH SIDE OF HWY 34

This is a request to add portions of a metes-and-bounds parcel onto Lots 9 & 10, Waltonia Addition, to improve building sites on those two lots. Staff recommendation is approval of the Amended Plat of Waltonia Addition, Lots 9 & 10, file #02-S1992 with the following condition 1. A small portion of 160-acre adjacent metes-and-bounds parcel is be added onto Lots 9 & 10. An updated deed of this adjacent parcel, must be recorded at the same time as the amended plat.

3. RADIEL/CHEROKEE PARK STATION MINOR LAND DIVISION: NE 1/4 08-10-71; LOCATED ALONG THE SOUTH SIDE OF COUNTY ROAD 80C, APPROXIMATELY 1/2 MILE WEST OF 82E.

This is a request for a Minor Land Division (MLD) to divide 55.25-acre parcel into two lots being 54.13 and 1.12 acres for a fire station. Staff findings include 1. The property is not part of an approved or recorded Subdivision plat; 2. The property is not part of an Exemption or Minor Residential Development approved under the previous Subdivision Resolution or a Minor Land Division; 3. The benefit of the proposed fire station use offsets the minimum lot size requirements of the O (Open) Zoning District; 4. The newly created parcels meet minimum access standards required by the County Engineer; 5. Approval of the Minor Land Division will not result in impacts greater than those of existing uses. However, impacts from increased traffic to a public use may be offset by the public benefit derived from such use. Staff recommendation is approval of the Radiel Minor Land Division (02-S1990) for the Livermore Fire Protection District - Cherokee Park Fire Station subject to the following conditions 1. The applicant shall submit a Site Plan application to review Drainage Plan and sight visibility issues. The Site plan Review process will be limited to these issues; 2. Prior to recordation of the MLD Plat the applicant shall resolve the issues outlined in the Referral letter from Dale Greer of the Larimer County Engineering Department Dated July 19, 2002; 3. Prior to issuance of a building permit the applicant shall demonstrate that adequate water and sewer for the site can be achieved.

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.

4. SCAVO SECTION 6.0 APPEAL: S 1/2 08-07-68; LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF HIGHWAY 14 AND SUMMIT VIEW DRIVE.

This is an appeal to Section 6.0 (Site Plan Review) of the Larimer County Land Use Code to not be required to perform a Site Plan Review. Staff findings include 1. The use of the as a landscape supply business has occurred for more than 30 days in the last 12 months and in thus not considered a temporary use; 2. Section 6.0 (Site Plan Review) requires Site Plan Review for any non-residential uses to ensure compliance with county standards; 3. Section 6.0 (Site Plan Review) requires Site Plan Review when the use of a property has been changed. Staff recommendation is denial of the Scavo Appeal to the Site Plan Review requirement of Section 6.0 of the Larimer County Land Use Code.

Mr. Lafferty stated that parcel had recently been before the Board as a zoning violation where the Board suggested the property owner could appeal the Site Plan Review process to cure the violation. The problem, Mr. Lafferty continued is that the site has never been through the review process and has changed uses numerous times. Concerns of the site include erosion control, drainage and runoff into the adjacent wetlands or the Poudre River.

Mr. Ken Scavo, son of the property owner, stated that there are currently no adopted plans, which would pertain to the parcel and that when his father first bought the site, it was a landscaping business. Mr. Scavo also noted that there are no pending building permits for the site, no changes to any structures, and no improvements, which would "trigger" the site plan review process. The Land Use Code, Mr. Scavo argued, does not require a site plan review for a change in business type.

Much discussion ensued regarding whether or not the Land Use Code requires a Site Plan Review for "change of use" for the site or "change of the use" for particular structures on the site.

Commissioner Rennels inquired as to staff's decision being based on existing regulations/plans or those pending approval and Mr. Lafferty replied that the decision is based on existing requirements.

There being no public comment, Mr. Scavo stated that the intent of the Land Use Code is not to require the Site Plan Review process every time a location changes in use.

Commissioner Rennels noted that potentially, the site will undergo major renovation if the proposed plans for the area are adopted and asked if there are any real major concerns of staff that should be address now instead of waiting. Mr. Lafferty stated review for compliance with Section 8 Critical Issues and Ms. Hayes noted that the main issues are erosion control and drainage such as runoff from stored manure and potential affect on adjacent wetlands.

The Board expressed concerns for runoff potential of stored materials and a lack of mitigation.

M O T I O N

Commissioner Bender moved that the Board of County Commissioner deny the Scavo appeal of Section 6.0 of the Land Use Code.

Motion carried 3 - 0.

5. GLOEGGLER EXTENDED FAMILY DWELLING: NE 1/4 OF SECTION 29, TOWNSHIP 8, RANGE 69W. LA PORTE, CO

This is a request for an Extended Family Dwelling on a .813 acre property, with public water and sewer, to be used by a disabled family member. Staff finding is that application does not satisfy Condition (b) for approval of an Extended Family Dwelling as listed in the Larimer County Land Use Code, Section 4.3.10 G2: "The Extended Family Dwelling will not substantially adversely impact the surrounding area". Staff recommendation is denial of the application for the Gloeggler Extended Family Dwelling.

Ms. Flick stated that the application meets all standards and conditions required for an extended family dwelling on less than 4-acres; with the exception of adverse impact on the surrounding area. Ms. Flick noted that the applicant has already moved a new doublewide on the .813-acre site next to the existing home, which makes it out of character with the area.

Ms. Elisabeth Gloeggler, the applicant stated that the application is for an additional home not the removal of her parents' current home. Ms. Gloeggler stated that her parents are retired and live on a fixed income, removal of their home would cause additional hardship. Mr. Gloeggler also stated that much of the area has doublewide modulars and provided pictures to the Board. Ms. Gloeggler noted that there was no intention to violate the regulations or the Code, but that staff had assured her that the request would be approved, so the modular was bought but not set-up and that she is awaiting approval first.

Commissioner Rennels asked how the modulars would be located on the site and Ms. Gloeggler explained that originally the plan was to join the two units via a mudroom. Mr. Helmick stated that the Chief Building Authority was not in favor of that idea due to a lack of an emergency access to the units.

At this time the hearing was opened to the public and Mr. Phil Riedesel, an adjacent property owner stated that the main contention of the new unit has to do with the past and current history of the existing unit and violations. Mr. Riedesel asked that the Board require compliance of regulations and setbacks as well as the removal of the existing home due to its visual deterioration.

Mr. Riedesel read a statement from Ms. Jean Seaton for the record, which address the fire and health hazards of the debris on the property.

Ms. Trudy Helt stated that she agrees with previous statements and noted her nursing background and that she is unaware of any physical or occupational therapy equipment the size of what the applicant is claiming. Ms. Helt also noted that the location of the new unit may cross an existing easement and that she too is concerned with health hazards on the site.

Ms. Susan Smith also agreed with previous statements and stated that past experience is that the family just does not follow any rules.

Ms. Joyce Ramsey stated that she is getting ready to sell her home and that the new unit is extremely larger than the existing unit making the lot very conspicuous. Landscaping and regular maintenance/ up keep, Ms. Ramsey continued are all part of owning a modular.

Mr. Leland Hall stated that he has no desire to deny anyone a home but is concerned with the clutter and debris and the hazards associated with the condition of the lot.

At this time the hearing was closed to the public and Ms. Gloeggler stated that all the accusations made are inaccurate and invited everyone out to the site. Commissioner Rennels asked upon recovery, which of the two units would be removed? Ms. Gloeggler stated that she could not predict the future. Commissioner Bender stated that he would like a statement from the Zoning Administrator that any violations have been satisfied and the applicant needs to stipulate which home would be removed once the extended family permit is exhausted.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Gloeggler Extended Family Dwelling to October 7, 2002 at 3:00 p.m. to allow staff and the applicant to address the following issues 1. Zoning Violation; 2. Access to the homes; 3. Which structure would be permanently set and which would be removed upon expiration of permit; 4. Siting of the structure(s).

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 5:30 p.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.