MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, February 10, 2003

LAND USE HEARING

(#135)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioner Gibson was present. Also present were Karin Knauf, Geniphyr Ponce- Pore, Al Kadera, and Claudia DeLude, Planning Department; Doug Ryan, Health Department; Roxann Hayes, Engineering Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Bender noted the following items are consent and would not be discussed unless requested by the Board or members of the audience. Mr. John Chilson requested item #3 Willows Subdivision, be removed for discussion.

  1. CRYSTAL LAKES LOT 8 & 9, 10TH FILING AMENDED PLAT AND EASEMENT VACATION: SECTIONS 11, TOWNSHIP 10, RANGE 74 WEST; LOCATED NORTHEAST OF THE INTERSECTION OF COMMANCHE WAY AND HATCHETUMI DRIVE IN CRYSTAL LAKES 10TH FILING

This is a request for an amended plat and easement vacation to combine two lots into one larger lot. Staff recommendation is approval with the following conditions 1. Prior to recordation of the Final Plat the applicant shall comply with the Engineering Department requirements as noted in the memo of January 2, 2003 from Kevin E. Randolph; 2. All conditions shall be met and the Final Plat recorded by July 10, 2003 or this approval shall be null and void; and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature.

2. MOODY PARK RANCH STREET NAME CHANGE: SECTIONS 14, 15, 22, 23, T 7 N, R 71 W; OFF BUCKHORN ROAD

This is a request to name three unnamed roads in Moody Park Ranch, a 35- acre development. Staff recommendation is to approve the three proposed street names: Windy Ridge Road, Owl Hollow Road, and Wildsong Road in Moody Park Ranch, located in Sections 14, 15, 22, 23, T 7 N, R 71 W; off Buckhorn Road, west of the City of Fort Collins.

MOTION

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

Motion carried 2 - 0.

3. WILLOWS SUBDIVISION AND WILLOWS SUBDIVISION AMENDED PLAT: 24-05-70; SOUTHWEST OF LOVELAND SOUTH OF WEST 1ST ST., ONE MILE EAST OF CR. 20

This is a two-part request to 1) Release from modified collateral agreement and lot sale restriction for lots 5-12 of the Willows Subdivision; 2) Amended Plat of lots 5-7 and 9-12 block 1 Willows Subdivision and vacation of Willow Ridge Court, utility easements and a portion of Willow Vista Drive. Staff recommendation is 1. To remove the lot sale restriction and to execute a new development agreement for lot 5-12 of the Willows subdivision and authorization for the chairman to sign the resolution removing the lot sale restriction and the development agreement when the development agreement is presented for signature; 2. Staff recommends approval of the amended plat as presented and with the following conditions 1. The applicant must revise the plans in accordance with the comments of the Larimer County Engineering staff as identified in their memo of January 24, 2003; 2. Any survey issues with respect to the Amended Plat are resolved with the Larimer County Engineering Department; 3. The applicant concurs with the issues identified in the memo for the Larimer County Department of Health and the Environment dated January 21, 2003; 4. The applicant shall revise the covenants to reflect a prohibition of livestock on lot 4-7 of the amended plat. And authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature.

Mr. Chilson expressed concern with the "driveway" extending from the cul-de-sac to the lower boundary of lot 7 and that it is not required to be paved. Mr. Chilson noted that this "driveway" is at the top of the ridge and dust from the drive would blow at the adjacent lots. Mr. Chilson also asked why this application is not required to have a secondary access.

Mr. Helmick stated that the application is for an Amended Plat and therefore is not required to comply with the Land Use Code. As for paving of the driveway, Mr. Helmick noted that the number of vehicle trips daily is not sufficient to require pavement. The applicant however, has proposed upgrading the materials used for the drive in order to mitigate dust.

Mr. Greg Muhonen, the applicant noted that rejuvenated recycled asphalt is proposed and would mitigate dust potential. Mr. Muhonen further informed the Board that he had contacted three adjacent property owners regarding an easement for a secondary access, but to no avail.

Much discussion ensued regarding the intention of the 1979 originally submitted subdivision with respect to the "driveway".

Chair Bender noted that the main concern is dust mitigation and questioned why there is no condition of approval to address the issue. Mr. Helmick stated that the applicant has submitted a Construction Plan, which addresses the issue and the proposed solution exceeds required standards.

Commissioner Gibson stated that the "driveway" should be paved since the original application submitted in 1979 inferred pavement. Mr. Helmick stated that he could not interpret the intent of the 1979 submittal.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Willows Subdivision Amended Plat and add a 5th condition of approval requiring the "driveway" to be paved with bituminous hot asphalt.

Motion failed 1 - 1 with Chair Bender dissenting.

Further discussion ensued regarding the Construction Plan Agreement submitted and the "driveway". Mr. Helmick also noted that this item has two requests and requested the Board take separate action for each issue.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the removal of the lot sale restriction and accept the new development agreement for the Willows Subdivision as recommended and outlined above, and authorize the Chair to sing the Development Agreement and Resolution when presented for signature.

Motion carried 2 - 0.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the amended plat and right-of-way/ utility easement vacation for the Willows Subdivision Amended Plat as outlined above and in the Construction Agreement submitted, and authorize the Chair to sign the plat when presented for signature.

Motion carried 2 - 0.

4. GALLENSTEIN ZONING VIOLATION: 2817 W. COUNTY ROAD 54G

This is an alleged violation of Land Use Code Section 4.1.2: Outdoor storage is not permitted in the FA1-Farming zoning district; and Section 21.1(C): It is unlawful to...use any real property that is inconsistent with the terms and conditions of any land use approval... Staff findings include 1. The property is zoned FA1-Farming; 2. The FA1-Farming zoning district does not permit outdoor storage; 3. Special Review approval was for a gravel mine. The approval was only through December of 2000; 4. The continued use of the property, in violation of the zoning regulations, will affect property values in the area; 5. The continued use of the property, in violation of zoning regulations, has affected the neighbor's ability to enjoy their own property. Staff recommendation is 1. Find that a violation exists; 2. Require compliance within 30 days. Compliance would require that all outdoor storage be removed; 3. Authorize legal action if the deadline is not met.

Ms. DeLude stated that she had spoke with Mr. Gallenstien earlier and that he has agreed to staff recommendations. Mr. Gallenstien concurred.

MOTION

Commissioner Gibson moved that the Board of County Commissioners find a violation exists and require compliance as outlined above.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 4:00 p.m.

TUESDAY, FEBRUARY 11, 2003

ADMINISTRATIVE MATTERS

(#136)

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; Rob Helmick, Planning; Jeannine Haag, Assistant County Attorney; Deni La Rue and Donna Hart, Commissioner's Office; Gael Cookman and Kay May; Clerk and Recorder.

  1. PUBLIC COMMENT: Leslie and Melissa Allison addressed the Board requesting a Grand Jury investigation into the discrepancies of their property at 929 E. Prospect St., Fort Collins, CO. Mr. Lancaster advised Mr. and Mrs. Allison that the Board does not have the authority to request a Grand Jury Investigation.
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 3, 2003:
  3. MOTION

    Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of February 3, 2003 as presented.

    Motion carried 3-0.

  4. REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 17, 2003: The Board reviewed the proposed schedule.
  5. CONSENT AGENDA:

MOTION

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

02112003A001 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WALTER AND MAXINE MARTENS FOR THE MARTENS SUBDIVISION

02112003A002 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND EDWARD H. AND CYNTHIA A HONEBEIN FOR REPLAT OF LOT 8, FLOYD HICKS SUBDIVISION, FILE # 01-S1869.

02112003A003 SOFTWARE LICENSE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND KBACE TECHNOLOGIES, INC. FOR USE AND BENEFIT OF HUMAN RESOURCES FOR PAYROLL SYSTEM

02112003A004 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LOVELAND HOUSING DEVELOPMENT CORPORATION

02112003R001 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR THE REPLAT OF LOT 8 FLOYD HICKS SUBDIVISION (01-S1869)

02112003R002 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR MARTENS SUBDIVISION (00-S1624)

MISCELLANEOUS: Martens Subdivision Final Plat; Replat of lot 8, Floyd Hicks Subdivision

LIQUOR LICENSES: The following licenses were issued Glen Echo Resort, Tavern-Bellvue, CO; Windjammer Roadhouse and Grill, Tavern- Loveland, CO; Hilltop General Store, LLC- Retail- Red Feather Lakes, CO.

Motion Carried 3-0

5. COLORADO OUTDOOR SEARCH AND RESCUE CARD: Commissioner Rennels discussed making the Search and Rescue Cards available to the public through the County.

6. POLICY DISCUSSION ON COUNTY'S ROLE IN A SHOOTING RANGE LOCATION: Commissioner Rennels opened the discussion regarding the role the County would take regarding a shooting range site. It was decided to re-establish a Shooting Range Task Force to identify potential cost to the County, location and criteria for a shooting range. Mr. Lancaster will get the group together in one month.

7. WORK SESSION: Mr. Gluckman spoke for the Health Department asking that the Commissioners to support House Bill #1254. This is a bill to put identifying numbers on keg beer to track the purchaser of the keg. All Commissioners were in support of this bill.

8. COMMISSIONER REPORTS: The Commissioners reported on events attended the previous week.

9. LEGAL MATTERS: Mr. Helmick asked for direction regarding the Land Fill Expansion. Discussion ensued and it was decided that a Certificate of Designation will be submitted to the State for approval.

There being no further business; the meeting adjourned at 11:25 a.m.

__________________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

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Kay May, Deputy Clerk