Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, December 9, 2002

LAND USE HEARING

(No Audio Available)

The Board of County Commissioners met with Rob Helmick and Al Kadera, Senior Planners; Chair Gibson presided and Commissioner Bender was present. Also present were Geniphyr Ponce-Pore and Claudia DeLude, Planning Department; George Hass, County Attorney, and Jean O'Connor, Recording Clerk.

  1. X BAR SEVEN SUBDIVISION LOTS 27 & 28 AMENDED PLAT/ RIGHT OF WAY AND EASEMENT VACATION

Mr. Helmick stated that staff is requesting this item be tabled to January 13, 2003.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners table the X Bar Seven Subdivision Lots 27 & 28 Amended Plat/ Right of Way and Easement Vacation to January 13, 2003 at 3:00 p.m.

Motion carried 2 - 0.

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

2. NEW FRONTIER COURT STREET NAME CHANGE: 15-10-68: LOCATED APPROXIMATELY 2000 FEET SOUTH AND EAST OF THE INTERSECTION OF CR 82 (BUCKEYE ROAD) AND CR 7.

This is a request to name a north-south road serving two parcels. Staff recommendation is approval of the proposed street names as New Frontier Court, located in Section/Township/Range15-10-68: east and south of the intersection of County Road 7 and County Road 82.

3. BIG HORN RIDGE SUBDIVISION AMENDED PLAT OF LOTS 1 AND 2: 19-6-68; AT THE SOUTHWEST CORNER OF TIMBERLINE ROAD AND CARPENTER ROAD.

This is a request for an Amended Plat of two lots of the Big Horn Ridge Subdivision to allow for development pursuant to the approved Special Review for Church and High School. Staff recommendation is approval subject to the following conditions 1. The Final Plat and Development Agreement when present to the Board of County Commissioners for final approval and signature shall reflect the approved construction plans and the approved Site Plan and shall include all agreements necessary to implement the plans for on and off site construction; 2. This approval does not modify the prior approvals of Larimer County for the Big Horn Ridge site specifically allowing a church and private school, except as specifically identified in the file for this amended plat.

M O T I O N

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

Motion carried 2 - 0.

4. OAK EXPRESS ZONING VIOLATION: 701 SW FRONTAGE ROAD, FORT COLLINS

This is an alleged violation of the Land Use Code Section 8.7.3(A): EACH LEGALLY ESTABLISHED PRINCIPLE USE IS LIMITED TO ONE SIGN. Ms. DeLude stated that all but two of the signs have been removed, but that the establishment is still in violation because the Code requires only one sign. Ms. DeLude further noted that adjacent businesses have applied for a variance to legally display sale signs. Chair Gibson noted that there is no representative present for Oak Express. Commissioner Bender stated that if other businesses can comply by applying for a variance, then Oak Express should also. Staff findings include 1. The property is zoned C-Commercial; 2. Section 8.7.3 of the Land Use Code permits only one sign per legal use; 3. Oak Express has had up to seven signs identifying the structure as "Oak Express"; 4. Oak Express Management and their Legal department have been made aware of the situation and have not removed the signs/applied for a variance; 5. Other businesses in the immediate area have been required to bring their signs into compliance with the Land Use Code; 6. The continued use of the property, in violation of the zoning regulations, is an unfair economic advantage. Staff recommendation is to find that a violation exists; Require compliance within 30 days. Compliance would require that all but one of the identifying signs be removed from the exterior of the structure; and Authorize legal action if the deadline is not met.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners find a violation exists at Oak Express, 701 SW Frontage Road, Require compliance within 30 days, compliance would require that all but one of the identifying signs be removed from the exterior of the structure; and Authorize legal action if the deadline is not met.

Motion carried 2 - 0.

5. WHITMAN ZONING VIOLATION: Ms. DeLude stated that upon inspection this past Friday the property is in compliance. Mr. Kadera noted that the property has received ongoing complaints and requested direction to staff if another violation occurs. Chair Gibson noted that staff should continue to follow the violation process.

6. BURGNER ZONING VIOLATION: 1801 N. OVERLAND TRAIL, FORT COLLINS: Ms. DeLude noted that upon inspection this past Friday, this property was also found to be in compliance.

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

TUESDAY, DECEMBER 10, 2002

PETITION FOR ABATEMENT

JOE PITTINGTON

(No Audio Available)

The Board of Equalization met with Jon Cowling, Assessor's Office; Chair Gibson presided and Commissioner Bender was present. Also present were Phyllis Berwick, Assessor's Office and Jean O'Connor, Recording Clerk.

Ms. Berwick stated that this is a petition for abatement hearing at the request of Joe Pittington, Schedule # 1617674 for refund of taxes for the years 2002 & 2002. The Assessor, Ms. Berwick continued, is recommending denial of the petitions and that the 2001 actual value of $90,142 and the 2002 actual value of $76,773 be confirmed.

Mr. Cowling stated that this petition is unique in that it involves possessory interest instead of real property. This issue has been before the Colorado Court of Appeals and the Colorado Supreme Court; the Supreme Court reversing the decision of the Appeals Court. Mr. Cowling briefed the Board regarding the litigative background of the issue and noted that the timber industry makes a respectable argument.

Commissioner Bender stated that possessory interest, although not the timber industry, has been discussed at Colorado Counties, Inc. (CCI) and it has been determined that counties are spending more tax dollars trying to collect the taxes than the tax value is worth.

Mr. Bill Crapser, representative for the timber industry, distributed a "white paper" containing the industry view on "possessory interest" and noted that if the Forest Service were to "hire" timber companies to care for the land instead of contracting via the bid process- there would be no "possessory interest". Mr. Crapser further noted that the industry is being taxed to purchase a commodity- the taxes are based on the bid value resulting in a double taxation situation.

Mr. Joe Pittington, petitioner, stated that the Forest Service is paying tax in lieu and then the timber industry is taxed on the possessory interest resulting in double taxation. Mr. Pittington further noted that the law in place at the time of bid and for which this petition covers- did not require a tax payment and therefore he should not be held liable for a tax that was not in place.

Commissioner Bender stated that this issue needs to be addressed and is willing to take the first stand in order to get CCI and the Legislature to address the issue.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the petitions for abatement schedule #1617674 for the years 2001 and 2002.

Motion carried 2 - 0.

M O T I O N

Commissioner Bender moved that the Board of Equalization adjourn and reconvene as the Board of County Commissioners.

Motion carried 2 - 0.

M O T I O N

Commissioner Bender moved that the following items be approved as presented on the consent agenda for December 10, 2002:

12102002A001 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MATTHEW E. WALKER AND PATTI L. WALKER FOR THE COLORADO PINES LODGE SPECIAL REVIEW

12102002A002 CHILD SUPPORT ENFORCEMENT PURCHASE OF SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO CHILD SUPPORT SERVICES, INC. FOR THE USE AND BENEFIT OF THE LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES

12102002A003 CHILD SUPPORT ENFORCEMENT PURCHASE OF LEGAL SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GEORGE HASS, LARIMER COUNTY ATTORNEY

12102002A004 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ELECTRONIC SYSTEMS INTERNATIONAL, INC

MISCELLANEOUS: Amended Plat of Lots1 & 8, Tract B and part of Delozier Drive, Lake Canal Subdivision.

LIQUOR LICENSES: The following license was approved Zippy's Liquor- Change of Corporate Structure- Fort Collins, CO. The following licenses were issued Sun Deck Restaurant- H&R- Estes Park, CO and River Forks Stage Stop- H&R- Drake, CO.

Motion carried 2 - 0.

There being no further business, the hearing was adjourned at 10:45 a.m.

__________________________________

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

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