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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, November 18, 2002

LAND USE HEARING

(#116)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Dave Shirk, Estes Valley Planner; Karin Knauf, Matt Lafferty and Claudia DeLude, Planning Department; Roxann Hayes and Traci Downs, Engineering Department; George Hass, County Attorney; Doug Ryan, Health Department; and Jean O'Connor, Recording Clerk.

Chair Gibson stated the following items are consent and would not be discussed unless requested by the Board or members of the audience. Mr. Vic Day requested item #7, The Hill 2, be removed for discussion.

1. ROCKMOUNT COTTAGES BOUNDARY LINE ADJUSTMENT AND REZONING: 1852 HIGHWAY 66.

This is a request for a minor subdivision/boundary line adjustment to reconfigure five (5) existing parcels into four (4) resultant lots. This request includes the rezoning of portions of these lots. Staff recommendation is approval with the following conditions 1. The applicant shall provide contact information for the businesses advertising on this sign; 2. Dedication of a 15'wide pedestrian access along the northern property line of proposed Lots1 and 4 (south side of Spur 66); 3. Reconfiguring Limits of Disturbance to include the wetlands and river setbacks, as shown on in Figure 1 in the Staff report. These limits of disturbance shall be augmented with the following note: "Limits of Disturbance shall apply unless modified by site specific development plan"; 4. Compliance with Public Works Directors memo dated August 14, 2002; 5. Compliance with Town Attorney White's memo dated July 31, 2002, excepting comment 3 regarding the boundary adjustment note; 6. Dedication of right-of-way adequate to provide a conforming lot of 15,000 square feet; 7. The dedication statement shall be amended to read "Have by these presents caused the same to be surveyed and subdivided into LOTS to be known as the plat of Rockmount Cottages Subdivision, and do hereby dedicate and convey to and for public use forever hereafter the streets AND EASEMENTS . . ."; 8. Placement of a ⅛" hatched border around the perimeter of the subdivision, labeling existing easements with book and page number, renaming the "tracts" to "lots", and redefine the 80-foot wide easement so as to wrap around the existing buildings and label it as "private."

  1. PETR SUBDIVISION: 1575 JACOB ROAD

This is a request for a boundary line adjustment between two existing parcels; this plat will provide for two legal building lots. Staff recommendation is approval with the following conditions 1. Compliance with Town Attorney White's memo dated September 25, 2002; 2. Compliance with Public Works Director Linnane's memo regarding water service dated September 25, 2002; 3. Compliance with Larimer County Engineering (Dale Greer) memo regarding surveying requirements dated September 16, 2002; 4. Limits of disturbance shall be graphically delineated on the final plat; 5. The note "the new lots by this action are subject to the same restrictions, covenants and regulations as set forth in the plat of record of Glen Haven Subdivision" shall be removed; 6. The following note shall be placed on the plat: "Lot 2 has a legal right of access across Lot 1, as defined with the access easement, reception number ____________"; 7. The proposed private access easement shall be submitted with mylars for recording. The easement shall include a graphic description and include provisions for maintenance of any common driveway; 8. The recorded access easement of record shall be submitted with initial building permit application; 9. A grading, drainage, and erosion control plan shall be required with all building permits that include the addition of impervious coverage.

3. HIDDEN VALLEY ESTATES REZONING: SW, SE AND NE 1/4'S OF 8-5-69: LOCATED ON THE NORTH SIDE OF STATE HIGHWAY 34, EAST OF WILD LAND AND THE DEVIL'S BACKBONE.

This is a request for rezoning of three tracts of land disconnected from the City of Loveland to FA-1 zoning. Staff recommendation is approval.

4. FREE ENTERPRISES (VIRGINIA DALE STATION) MINOR LAND DIVISION: SE 1/4 04-11-71; LOCATED ALONG THE SOUTHWESTERLY SIDE OF HIGHWAY 287 WEST OF THE VIRGINIA DALE POST OFFICE.

This is a request for a Minor Land Division (MLD) to divide 37-acre parcel into two lots being 36 and 1 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 for the Livermore Fire Protection District subject to the following conditions and authorize the Chairman to sign the plat when the conditions are met and the plat is presented for signature 1. The applicant shall submit a Site Plan application to review Drainage & Grading Plan issues. The Site plan Review process will be limited to these issues; 2. Prior to issuance of a building permit the applicant shall demonstrate that adequate water and sewer for the site can be achieved.

5. CSU (MAXWELL STATION) MINOR LAND DIVISION: SE 1/4 05-11-71; LOCATED ON THE EAST SIDE OF COUNTY ROAD 37, APPROXIMATELY 5 MILES NORTH AND EAST OF HIGHWAY 287.

This is a request for a Minor Land Division (MLD) to divide a 35-acre parcel into two lots being 34 and 1 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 for the Livermore Fire Protection District subject to the following conditions and to authorize the Chairman to sign the plat when the conditions are met and the plat is presented for signature 1. The applicant shall provide a sight visibility analysis for the access prior to recordation of the MLD Plat; 2. Prior to issuance of a building permit the applicant shall demonstrate that adequate water and sewer for the site can be achieved.

6. FIRST SUPPLEMENT MAP OF THE IRONWOOD PLAZA CONDOMINIUM: NW 1/4 OF 16-07-68; LOCATED ON THE SOUTHEAST CORNER OF DAWN AVENUE AND HIGHWAY 14.

This is a request for the First Supplemental Map to the Ironwood Plaza Condominiums to create 6 additional condominium units and to amend the Condominium Map. Staff findings include 1. The proposed First Supplemental Map to the Ironwood Plaza Condominiums and declarations are in compliance with the Larimer County Master Plan and Land Use Code; 2. The First Supplemental Map to the Ironwood Plaza Condominiums is compatible with the other development in the surrounding area; 3. Approval of the First Supplemental Map to the Ironwood Plaza Condominiums will not result in any significant impacts to the neighboring properties, the natural environment, of the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by the approval of the First Supplemental Map to the Ironwood Plaza Condominiums; 5. Maintenance of the buildings, parking lots, landscaping and other common areas will be the responsibility of the property owners association, pursuant to the Condominium Declaration and By-laws of the Ironwood Plaza Condominium Association. Staff recommendation is approval and authorize the Chairman to sign the plat when the conditions are met and the plat is presented for signature.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Rockmounty Cottages Boundary Line Adjustment; Petr Subdivision; Hidden Valley Estates Rezoning; Free Enterprises Minor Land Development; CSU Minor Land Development; and Ironwood Plaza Condominium 2st Supplement as presenrted and outlined above.

Motion carried 3 - 0.

7. THE HILL CONSERVATION DEVELOPMENT 2: 26 & 27- 08-68; BETWEEN CR. 54 AND CR. 52 WEST OF COBB LAKE AND SOUTHWEST OF THE HILL CONSERVATION DEVELOPMENT

This is a request for Preliminary Plat review of a 33 lot Conservation Development on 335 acres. Proposing 268 acres of residual land and 66 acres of developed area (80/20 plan). The applicant is also requesting an appeal to Section 8.14.2.M regarding roadway connectivity. Staff recommendation is approval with the following conditions: With respect to the requested Appeal A. Approval of the requested appeal of Section 8.14.2.M. for the proposed gated community/private road provided that such designation as a private road would not prevent its use as a secondary access to any contiguous development. With respect to the proposed Preliminary Plat: B. Approval of the Hill 2 Conservation Development preliminary Plat with the following conditions 1. The Final Plat shall be consistent with the information presented and submitted by the applicant, in the file except as modified by these conditions; 2. The Final Plat shall reflect a 200-foot lot line setback from the ditch on site and all the building envelopes shall maintain a 300-foot setback from the ditch; 3. The applicant is responsible for the improvements and the requirements as outlined in the memo from the Larimer County Engineering Department, dated 8/20/02; 4. The Final Plat shall respond to the concerns of the Larimer County Department of Health and the Environment as outlined in their memo, dated 6/18/02; 5. The following fees shall be collected at building permit for new single family dwellings: Poudre R-1 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; 6. The applicant shall provide a Disclosure Notice to be approved by the County as a part of the Final Plat application, and will be 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 to 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; 7. The applicant shall complete the necessary Amended Plats and Minor Land Divisions, to facilitate the proposed plan, prior to the Final Plat being recorded.

Mr. Helmick briefed the Board on this proposal and suggested the Board hear the concerns of Mr. Day. Mr. Vic Day expressed concern with the current lack of access designation to residual lands. Mr. Day stated that he does not want future residents trespassing on his property to access the picnic and bird watching area.

Mr. Jay Stoner, applicant clarified that there is no intension of trespassing on Mr. Day's property and stated that the proposal can and would obtain access off County Road 54. Commissioner Rennels reiterated that the hearing today is for preliminary plat consideration and that all accesses would clearly be identified on the final plat.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Hill 2 Conservation Development as presented and outlined above.

Motion carried 3 - 0.

8. THOMAS ZONING VIOLATION: 2762 WCR 16, LOVELAND

This is an alledged violation of an extended family dwelling approval. On July 16, 2001 the Board of County Commissioner's approved an Extended Family Dwelling. The property owner stated he needed the second dwelling onsite to permit his daughter to be close by to help care for his wife. Based on this information, the Board of County Commissioner's approved the request with conditions. Since that time, Mrs. Thomas has passed away. The neighbors have requested that the structure be removed, because the circumstances have changed. Staff findings include 1. The property is zoned FA-Farming; 2. The matter originated as a zoning violation. However, the property owner applied for an Extended Family Dwelling, which was approved; 3. The Extended Family Dwelling application was not an option to Mr. Thomas in the past. This was the best alternate solution to allow for this situation. It would also rectify any existing zoning violations/court proceedings; 4. There was a legitimate hardship that justified the need for an extended family dwelling. The Extended Family Dwelling was approved so that their daughter could be onsite to help care for Mrs. Thomas; 5. Mrs. Thomas has since passed away; 6. All required building & septic system permits have been applied for and issued, but have not been finaled. Finaling the permits was a condition of approval for the Extended Family Dwelling; 7. The septic system has not been installed; 8. The neighbors believe that, at this time, there is no legitimate hardship that would/should permit the Extended Family Dwelling to remain on site. Staff recommendation is to find that there is no hardship that would permit the Extended Family Dwelling to remain on site; require compliance within 90 days. Compliance would require that the singlewide mobile home be removed from the property; and authorize legal action if the deadline is not met.

Ms. DeLude stated that the neighbors have requested the extended family dwelling be removed since the "need" ceased to exist approximately 4-months ago. Ms. DeLude noted that the property owner has been in contact with staff and has requested a 6-month extension for removal of the unit. Commissioner Bender asked if there was a reason for the extension request and Ms. DeLude stated that the owner is attempting to relocate the unit to Cheyenne, Wyoming.

Mr. Bill Beierwaltes stated that he agrees with staff recommnedation and clarified the property is still a zoning violation.

Commissioner Rennels agreed that the unit should be removed from the parcel since the need for the extended family dwelling ceased, but suggested 120-days for compliance; Commissioner Bender agreed.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners find that there is no hardship that would permit the Extended Family Dwelling to remain on site; require compliance within 120 days. Compliance would require that the singlewide mobile home be removed from the property; and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:45 p.m.

TUESDAY, NOVEMBER 19, 2002

ADMINISTRATIVE MATTERS

No Audio Available

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were: Larry Timm, Planning Department; Mark Peterson, Engineering Department; Bob Keister, Deni LaRue, Donna Hart and Neil Gluckman, Commissioner's Office; Mary Lynn Jones, Dierdre Cook, and Katy Montoya, Poudre Education Association; Jean Daviet, Greeley/Weld Economic Development; Lew Wymisner, Workforce Center; Sergeant Lawrence Little, United States Marine Corps; Kathy Snell, and Nicole Hershberger, Health and Human Services Department; Joe Ferrando, Community Corrections; and Gael Cookman, Recording Clerk.

  1. PUBLIC COMMENT: John Russ addressed the Board regarding the transition of employee pay from monthly to bi-monthly, and he expressed concern regarding the lack of maintenance of roads in outlying areas, specifically in the Buckhorn area.

2. APPROVAL OF THE MINUTES FOR THE WEEKS OF November 4th and 11th, 2002:

M O T I O N

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

Motion carried 3 - 0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of November 11, 2002.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 25, 2002: Ms. Hart reviewed the schedule with the Board.

4. CONSENT AGENDA:

M O T I O N

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

ACTION ITEM: Authorize the Chair to sign the Larimer County Administrative Operating Procedure for County Owned Vehicles upon completion.

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Allen (2); Carlson; Cytologic; Hollan; Huskins; Kamberi; Sauer; and Schneider.

11192002A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND VISUAL INFORMATION, INC. FOR DIGITIZING RECORDS

11192002A002 SUB-AGREEMENT TO CONTRACT C99-14 BETWEEN THE SEVENTH JUDICIAL DISTRICT COMMUNITY CORRECTIONS BOARD AND LARIMER COUNTY COMMUNITY CORRECTIONS

11192002D001 DEED OF CONSERVATION EASEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PATRICIA KAY BLOCK

11192002R001 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR EAGLE'S NEST OPEN SPACE

LIQUOR LICENSES: The following licenses were approved Mishawaka Inn- Tavern- Bellvue, CO; Archer's Poudre River Resort- 3.2%- Bellvue, CO; Sundeck Restaurant- Hotel & Resturant- Estes Park, CO; Young's Liquor- Retail- Fort Collins, CO; and River Forks Stage Stop- Hotel & Resturant- Drake, CO. The following licenses were issued 7-Eleven Store #32276- 3.2%- Fort Collins, CO and Fort Collins Moose Lodge 275- Club- Fort Collins, CO.

Motion carried 3 - 0.

5. AMERICAN EDUCATION WEEK PROCLMATION: Ms. Jones explained that American Education Week began in 1921 as a method to pause and thank all those in the education field. She noted that the community is very supportive of the Poudre School District and requested the Board proclaim the week of November 17 - 23, 2002 as American Education Week. Chair Gibson then read the proclamation aloud.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners proclaim the week of November 17 - 23, 2002 as American Education Week.

Motion carried 3-0.

  1. PUBLIC HEARING APPLICATION FOR ADDITIONAL REVOLVING LOAN FUNDS:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners adjourn Administrative Matters and open the Public Hearing for the Weld/Larimer Revolving Load Fund Application.

Motion carried 3-0.

Ms. Daviet stated that the purpose of this hearing was to request Board approval on submission of an application for additional revolving load funds from the Colorado Department of Local Affairs. Ms. Daviet stated that they are requesting $802,500 for the Weld/Larimer Revolving Loan Fund for small business assistance to companies located in non-entitlement areas of Weld and Larimer Counties. Ms. Daviet noted that the State has tentatively approved this money, but approval from both Larimer and Weld County is necessary in order to move forward with the application.

At this time Chair Gibson opened the meeting up for public comment; no one addressed the Board with public comment.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve submittion of an application for additional revolving loan funds from the Colorado Department of Local Affairs, and authorize the Chair to sign the application when presented.

Motion carried 3-0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners adjourn the public hearing regarding the revolving loan fund application, and re-convene Administrative Matters.

Motion carried 3-0.

7. DISCUSSION OF MARINE FOR LIFE PROGRAM: Sergeant Little presented the Board with documentation regarding the newly formed Marine For Life program; he explained that the program was created in order to provide additional transition assistance to Marines who choose to leave active duty. Sergeant Little noted that he is visiting with employers in the area in hopes of providing a network of employment possibilities for Marine's transitioning back to civilian life. Some discussion ensued regarding the program and the Board agreed to write a letter of support for this program.

8. WORK SESSION: Mr. Lancaster noted that Barry Wilson, President of Anlance Protection, Ltd., submitted a letter to the County regarding his concerns with Larimer County taking over responsibility of County's juvenile transportation needs. Ms. Snell noted that although they have been pleased with the service that Anlance Protection, Ltd. has been providing with regards to juvenile transportation, they could no longer afford to outsource this program. Ms. Snell noted that the biggest savings to the County by in-sourcing this program will be in the area of insurance, and that the overall savings for 2003 by taking over the program internally will be approximately $100,000.00. The Board directed Mr. Lancaster to draft a letter in response to Mr. Wilson.

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

  1. LEGAL MATTERS: None

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

PUBLIC HEARING

TRANSFER STATION RATE INCREASE HEARING FOR ESTES PARK

The Board of County Commissioners met with Steve Gillette, Natural Resources; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Janelle Henderson, Natural Resources and Jean O'Connor, Clerk to the Board; Don DeWaard and Rick Hurt, Waste Management of Estes Park.

Mr. Hurt stated that he is at a break-even point due to the large rate increase last year and requested the Board refrain from another increase for one year. Mr. Hurt furhter noted that the number of "yards" collected has decreased approximately 3%, yet rates have increase 10%.

Mr. Gillette clarified that dumps at the transfer station have decreased since waste traffic is being re-directed to the Waste Management site in Erie. Commissioner Bender asked what would the outcome look like if rates were increased 2.5%. Mr. Gillette stated that the Transfer Station would probably be able to just maintain provided the economy holds, Waste Management doesn't transfer additional loads to the Erie site, and residents don't take their trash off the mountain.

Commissioner Rennels suggested a 3% increase in rates, but to keep the proposed tire disposal rate as presented. Chair Gibson concured.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the following rate increases for the Transfer Station: 1. Minimum Load $6.29; 2. Loose Waste $10.44; 3. Commercial Compacted $11.50; and Rock, Rubble, etc $23.00 and approve the tire rate as proposed.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 7:30 p.m.

_________________________________

Glenn W. Gibson, Chair

Board of Commissioners

Myrna J. Rodenberger

Clerk and Recorder

(S E A L)

A T T E S T

__________________________________

Gael M. Cookman, Deputy Clerk

__________________________________

Jean M. O'Connor, Clerk to the Board

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