Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, January 20, 2003

County offices were closed this date in observance of Martin Luther King, Jr.

TUESDAY, JANUARY 21, 2003

ADMINISTRATIVE MATTERS

(#128a)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Neil Gluckman, Assistant County Manager; Deni La Rue, Commissioner's Office; Jean O'Connor, Clerk to the Board and Kay May, Deputy Clerk.

1. PUBLIC COMMENT: The following citizens addressed the Board in opposition of a proposed policy regarding County employees' ability to carry weapons in the work place. Ms. Connie Luke, Mary Lyons, Karen Wagner, Carol Rush, Eleanor Dwight, Vince Stein, Geri Stutheit, Norm Illsley, and Fred Schmidt. Mr. Leo Bradley suggested the Board consider setting money aside for a Development Study in the Red Feather Lakes area. Ms. Nancy York addresses the Board in opposition of the weapons policy and budget cuts.

  1. APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 6, 2003:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of January 6, 2003 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 13, 2003:

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of January 13, 2003 as presented.

Motion carried 3 - 0.

4. REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 27, 2003: The Board reviewed the proposed schedule.

  1. CONSENT

MOTION

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

ACTION ITEMS: Appointment and Oath of Deputy District Attorney for Tracy L. Schroeder.

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved 4703B, LLC; Bookless; Payne; Pullen; Small; and Wisdom.

01212003A001 FUEL TANK REPLACEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND EATON SALES AND SERVICE

01212003A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MOUNTAIN CONSTRUCTORS, INC FOR BRIDGE #29-0.30-20

01212003A003 DEVELOPMENT AGREEMENT FOR DOUGLAS FARM EXEMPTION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JOHN CLARK, CONNIE CLARK, KEITH E. HESS AND SHERALYN D. HESS

01212003A004 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LARIMER CENTER FOR MENTAL HEALTH FOR COMMUNITY PARTNERSHIP PROGRAM

01212003R001 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND APPEAL IN RAMONA HEIGHTS SUBDIVISION, BLOCKS 20 AND 20A

01212003R002 FINDINGS AND RESOLUTION APPROVING THE TERM EXTENSION OF ELLIS RANCH PRELIMINARY RURAL LAND PLAN

01212003R003 FINDINGS AND RESOLUTION CONCERNING JENSEN BOAT AND RECREATION CENTER CLARIFICATION OF CONDITION OF APPROVAL

01212003R004 FINDINGS AND RESOLUTION ADOPTING THE 1997 UNIFORM FIRE CODE AND AMENDMENTS FOR THE BERTHOUD FIRE PROTECTION DISTRICT

01212003R005 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN CARRIAGE HILLS 5TH FILING, BLOCK 12, LOTS 72 & 73

01212003R006 AMENDED SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF ROCKY MOUNTAIN SHAMBHALA

01212003R007 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF ACCESS EASEMENT IN EAST MULBERRY SUBDIVISION

01212003R008 FINDINGS AND RESOLUTION APPROVING THE SUMMIT CREST SUBDIVISION

01212003R009 FINDINGS AND RESOLUTION APPROVING THE ROTH PRELIMINARY RURAL LAND PLAN

01212003R010 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF FORT FUN

01212003R011 FINDINGS AND RESOLUTION APPROVING THE SUNRISE ACRES 5TH FILING CONDOMINIUM

01212003R012 FINDINGS AND RESOLUTION APPROVING A VACATION OF UTILITY EASEMENT IN SPRING CANYON HEIGHTS

01212003R013 FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT OF HOMESTEAD PLANNED UNIT DEVELOPMENT 2ND FILING PETITION FOR REZONING AND PLANNED LAND DIVISION

01212003R014 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR GLEN HAVEN LOTS 7-9, BLOCK 6 AMENDED PLAT

MISCELLANEOUS: Annual certification of Larimer County Road Mileage to the Colorado Department of Transportation; Approval and signature on letter to the United States Fish and Wildlife Service regarding the Preble's Meadow Jumping Mouse; Free Enterprises Minor Land Division; Final Plat for Douglas Farm Exemption.

LIQUOR LICENSES: The following licenses were approved Glen Echo Resort- Hotel & Restaurant- Bellvue, CO and Windjammer Roadhouse and Grill- Tavern- Loveland, CO. The following licenses were issued Windjammer Liquors- Retail- Loveland, CO; L&M Imports and Garden- Special Events Permit- Berthoud, CO; and Fort Collins Plaza Inn- Hotel & Restaurant- Fort Collins, CO.

Motion carried 3 - 0.

6. REVISED COUNTY VISION, MISSION AND VALUE STATEMENTS: Mr. Gluckman presented revised Vision, Mission and Value Statements to the Board and requested approval.

MOTION

Commissioner Rennels moved that the Board of County Commissioners adopt the revised County Vision, Mission, and Value Statements as presented.

Motion carried 3 - 0.

7. UPDATE TO EXTERNAL COUNTY POLICIES P12 AND P17 AND RESCIND P11: Mr. Gluckman noted minor changes to P12: Policy Development Process and P17: Guidelines for Board Policy Work Sessions and requested the Board rescind P11: Parks Department Operational Policy.

MOTION

Commissioner Gibson moved that the Board of County Commissioners adopt the revisions to policies P12 and P17 and rescind Policy P11.

Motion carried 3 - 0.

01212003P001 POLICY DEVELOPMENT PROCESS

01212003P002 GUIDELINES FOR BOARD OF COUNTY COMMISSIONERS POLICY WORK SESSIONS

8. ECONOMIC DEVELOPMENT POLICY FOR LARIMER COUNTY: Mr. Gluckman stated revisions to this policy address renewable energy policy tools and requested approval.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the revised Economic Development Policy and authorize the Chair to sign upon receipt of a completed document.

Motion carried 3 - 0.

9. HORSETOOTH MOUNTAIN PARK FOREST MANAGEMENT: Chair Bender stated the ongoing effort to manage County resources continues and requested allocation of $15,000 from the Special Projects Fund for the management project at Horsetooth Mountain Park for the year 2003.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the allocation of $15,000 from Special Projects Fund for the management project at Horsetooth Mountain Park for the year 2003.

Motion carried 3 - 0.

  1. WORK SESSION: None

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

There being no further business, the meeting adjourned at 12:00 p.m.

LAND USE HEARING

(#104)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Dave Shirk, Geniphyr Ponce-Pore, Matt Lafferty, Al Kadera, and Claudia DeLude, Planning Department; Roxann Hayes and Christie Coleman, Engineering; Doug Ryan, Health Department; Jean O'Connor, Recording Clerk, and Kay May, Deputy Clerk.

Chair Bender noted the following items are consent and would not be discussed unless requested by the Board or members of the audience. Ms. DeLude requested item #7 Homolka Zoning Violation be tabled to March 17, 2003.

MOTION

Commissioner Rennels moved that the Board of County Commissioners table the Homolka Zoning Violation to March 17, 2003 at 3:00 p.m.

Motion carried 3 - 0.

Mr. Lafferty requested item #3 Wilson Homestead Minor Land Division be removed from the consent agenda.

MOTION

Commissioner Gibson moved that the Board of County Commissioners removed the Wilson Homestead Minor Land Division from the consent agenda.

Motion carried 3 - 0.

MOTION

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

1. WILLETS BOUNDARY LINE ADJUSTMENT: THE SITE IS LOCATED AT 2550 S. ST. VRAIN

This is a request for a boundary line adjustment to the internal boundary line between two parcels, and change the legal description from the existing metes and bounds into legally described Lots. Staff recommendation is approval with the following condition 1. Compliance with Town Attorney White's memo dated November 26, 2002.

2. AMENDED PLAT AND EASEMENT VACATION FOR EAST OWASSA SUBDIVISION, LOT 27 AND 28, BLOCK 31: W 1/4 OF SW 1/4 OF SECTION 27, TOWNSHIP 10 NORTH, RANGE 73 WEST, SOUTH OF LETITIA LAKE, AT 76 DEER DRIVE, RED FEATHER LAKES

This is a request to amend the plat of East Owassa Subdivision, Lots 27 and 28, Block 31,in order to combine two platted lots and a portion of one metes and bounds parcel into one lot, and to vacate a utility/access easement. Staff recommendation is approval of the Amended Plat of East Owassa Subdivision, Lot 27 and 28, Block 31, and Utility/Access Easement Vacation, subject to the following condition 1. The Final Plat shall be recorded by June 21, 2003 or this approval shall be null and void; and authorization for the chairman to sign the plat when the condition is met and the plat is presented for signature.

Motion carried 3 - 0.

4. AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE, BLOCK FOUR: ESTES VALLEY, INCLUSIVE OF THE TOWN OF ESTES PARK.

This is a request to make a number of changes and corrections to the adopted Estes Valley Development Code. Staff recommendation is approval of the changes as presented. Chair Bender noted no public is present to comment on this item.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the amendments to the Estes Valley Development Code as presented.

Motion carried 3 - 0.

5. OLECH/RAUS ZONING VIOLATION: 701 N. TAFT AVENUE, LOVELAND

This is an alleged violation of Section 4.1.1: The use of a single-family residence's detached garage for a church without county approval; Section 21.1(b): Developing real property without a building permit; and Section 6.2(a)(2): Failure to complete site plan review for a change of use. Staff findings include 1. The property is zoned FA-Farming; 2. The FA-Farming zoning district permits a church use, but a change in use requires Site Plan approval; 3. No Site Plan Review application has been submitted to the Planning Department, or approved which would permit this use as it currently being operated; 4. Contact has been made with the occupant of the property, yet the church use continues without county approval; 5. No building permits have been issued for construction/renovation work done on this property; 6. No approval has been obtained from the Loveland Fire Prevention Bureau to permit this use; 7. No approval has been obtained from the Larimer County Engineering Department regarding access, parking, ROW dedication, drainage, curb & gutters, or road improvements; 8. The owner has not annexed into the City of Loveland; 9. Because they have not annexed, the Loveland Water and Power Department may disconnect them; 10. The continued use of the property, in violation of the Land Use Code, may affect property values in the neighborhood. Staff recommendation is to 1. Find a violation exists; 2. Require compliance within 30 days; 3. Compliance would require that the use cease until the property owners/occupants submit an application for Site Plan Review, to the Planning Department. If the use is approved, a change of use permit must be obtained from the Building Department; 4. Compliance also requires that building permits be obtained for: finishing the interior of the structure, adding electrical work to the structure, adding heat to the structure, building a breezeway between the house and the garage, and for the recently built detached accessory structure; 5. Authorize legal action if the deadline is not met.

Ms. DeLude noted that this item was tabled from November 24, 2003 and stated that both the property owner and the current resident were notified of this hearing and that neither is present. Ms. DeLude stated that this property has several violations with multiple agencies. Commissioner Rennels expressed concern with safety issues for citizens attending services/events at the site. Chair Bender noted that there is no public present to comment on this item.

MOTION

Commissioner Gibson moved that the Board of County Commissioners find a violation exists; require compliance within 30 days. Compliance would require that the use cease until the property owners/occupants submit an application for Site Plan Review, to the Planning Department. If the use is approved, a change of use permit must be obtained from the Building Department; Compliance also requires that building permits be obtained for: finishing the interior of the structure, adding electrical work to the structure, adding heat to the structure, building a breezeway between the house and the garage, and for the recently built detached accessory structure; Authorize legal action if the deadline is not met.

Motion carried 3- 0.

6. MCCALLISTER ZONING VIOLATION: 13110 NORTH COUNTY ROAD 9, FORT COLLINS

This is an alleged violation by definition contained in the Land Use Code: Occupancy of a recreational vehicle is only permitted for 30 days in a calendar year; and Section 4.1.5: Outside storage is not a permitted use in the o-open zoning district. Staff findings are 1. The property is zoned O-Open; 2. The O-Open zoning district does not permit outdoor storage; 3. Occupancy of a recreational vehicle is only permitted for 30 days in a calendar year; 4. The property owner has made no contact to staff; 5. The property owner has been notified by certified mail; 6. The continued use of the property in violation of the Larimer County Land Use Code, has affected the neighbor's ability to enjoy their own property; 7. The continued use of the property, in violation of the Larimer County Land Use Code, will affect property values in the neighborhood. Staff recommendation is 1. Find that a violation exists; 2. Require compliance within 90 days. Compliance would require that all vehicles, structures, animals be removed from the property and the campground use cease; 3. Authorize legal action if the deadline is not met.

Ms. DeLude stated that neighbor concerns are decreased property values and unsightly viewsheds. Chair Bender noted that no public present to comment on this item.

MOTION

Commissioner Rennels moved that the Board of County Commissioners find a violation exists, require compliance within 90 days. Compliance would require that all vehicles, structures, animals be removed from the property and the campground use cease; and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

3. WILSON HOMESTEAD MINOR LAND DIVISION (MLD): SE 1/4 OF 26-04-69; LOCATED ON THE WEST SIDE OF COUNTY ROAD 15, APPROXIMATELY 1/4 MILE SOUTH OF COUNTY ROAD 4.

This is a request for a Minor Land Division to change the illegal lot status of the property. Only one lot will result from this action. Staff recommendation is approval of the Wilson Homestead Minor Land Division (file #02-S2041) to change the status of a parcel of land to legal, subject to the following conditions 1. Prior to the recordation of the final plat the applicant shall dedicate additional right-of-way for County Road 15 to satisfy the 50-foot half right-of-way requirement of the Engineering Department; 2. Prior to recordation of the final plat the applicant shall address the comments found in the referral letter from Dale Greer of the Engineering Department, dated November 21, 2002; 3. Prior to recordation of the final plat the applicant shall provide the required fees for the Minor Land Division and Variance applications. Staff also recommends that related fees not be waived for this application.

Mr. Lafferty stated that the applicant has requested all fees related to this application be waived since the parcel was illegally created over 30-years ago. Mr. Lafferty further noted that the original applicant has sold the parcel since submittal and that the new owner is present.

Mr. Steve McConathy, current property owner stated that he would like to obtain a building permit and requested the Board approve the application.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Homestead Minor Land Division as presented and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:49 p.m.

MOTION

Commissioner Rennels moved that the Board of County Commissioners re-open the Land Use Hearing.

Motion carried 3 - 0.

MOTION

Commissioner Rennels moved that the Board of County Commissioners deny the request to waive all fees associated with the above application.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:50 p.m.

WEDNESDAY, JANUARY 22, 2003

LIQUOR LICENSE HEARING

HILL TOP GENERAL STORE, LLC

(#129)

The Board of County Commissioners met with Linda Conners, Assistant County Attorney; Chair Bender presided and Commissioner Gibson was present. Also present were Jean O'Connor, Recording Clerk and Kay May, Deputy Clerk.

Ms. Conners stated the purpose of the hearing is to consider a retail liquor license for Hill Top General Store, LLC and requested the applicant be sworn in. Mr. John Reynolds, applicant, stated only one area resident opposed this request and submitted 6+ pages of signatures in favor of the application as well as pictures of the posted notice of hearing as exhibits. The opposition, Mr. Reynolds continued, is from the owners of the only retail liquor store in Town and that residents welcome the chance for competition. Along with the General Store, Mr. Reynolds continued, there are several cabins on site and guests frequently request spirits.

Ms. Connors noted for the record a letter of opposition, which was submitted to the Board from Patricia and James McMillan, owners of the Red Feather Trading Post, LLP. Ms. Conners further noted that there is no public present to comment on this request.

At this time the hearing was closed to the public and Chair Bender stated competition between the businesses would benefit area residents.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the application for a retail liquor license submitted by Hill Top General Store, LLC.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 1:45 p.m.

THURSDAY, JANUARY 23, 2003

EXECUTIVE SESSION

MOTION

Commissioner Rennels moved that the Board of County Commissioners go into executive session at 11:30 a.m. and cited 24-6-402(4)(b) C.R.S.

Motion carried 3 - 0.

Executive session ended at 12:20 p.m.; no action was taken.

___________________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK and RECORDER

(S E A L)

ATTEST

__________________________________

Jean M. O'Connor, Clerk to the Board

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