MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, September 8, 2003
LAND USE HEARING
The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Geniphyr Ponce-Pore; David Karan; Claudia DeLude; and Al Kadera, Planning Department; Christie Coleman, Engineering Department; Jeannine Haag, Assistant County Attorney; Dawn Stroh, Deputy Clerk; and Jean O'Connor, Recording Clerk.
Chair Bender stated that a request has been made to table item #1 The Young Conservation Development to September 15, 2003.
Mr. Helmick stated that some letters have been received from neighbors and that the Board may want to consider tabling this item to a night hearing.
Commissioner Rennels moved that the Board of County Commissioners table the Young Conservation Development to September 15, 2003 at 6:30 p.m.
Motion carried 3 - 0.
Chair Bender stated the following item is consent and would not be discussed unless requested by the Board or members of the audience.
This is a request to rezone of Lot 82 in Glacier View Meadows 2nd Filing from E-Estate to O-Open to assure it has the same zoning as the adjacent Lot 29 of Glacier View Meadows in order to combine these lots through an amended plat. Staff findings include 1. The proposed change is consistent with the Master Plan; 2. The proposed change is compatible with the existing and allowed uses on properties in the neighborhood and is the appropriate zoning for the property; 3. Conditions in the neighborhood have not changed to the extent that the proposed change is necessary; 4. The proposed change does not result in significant adverse impacts on the natural environment; 5. The proposed change addresses a community need; 6. The proposed change results in a logical and orderly development pattern in the neighborhood. Staff recommendation is approval.
Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.
Motion carried 3 - 0.
3. LOWER BUCKHORN CANYON SUBDIVISION PRELIMINARY PLAT: N.W. 1/4 SECTION OF SECTION 32, TOWNSHIP 7, RANGE 70 APPROXIMATELY 4.5-MILES NORTHWEST OF MASONVILLE ALONG C.R. 27
This is a three-part request: 1. Subdivide property into two (2) lots to add one residential site to one existing single-family residence. 2. Appeal requirement for right-of-way dedication. 3. Appeal requirement for connectivity to adjoining properties. Staff recommendation is three-part: 1. Approval of the Lower Buckhorn Canyon Subdivision Preliminary Plat with the following conditions: 1. Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Planning Department once the structure is enclosed but prior to issuance of a certificate of occupancy. As an alternative, a builder may present a prepaid receipt for a radon tester that specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; 2. The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R2-J School fees, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Park Fee (in Lieu of Land Dedication). The fee amount that is current at the time of building permit shall apply; 3. The Final Plat shall be completed in strict compliance with the conditionally approved Preliminary Plat and with other information submitted by the applicant, unless modified by the conditions of this approval; 4. The development agreement, final plat, and disclosure notice must indicate any home built upon Lot 2 must be sprinklered in accordance with the Loveland Fire Prevention Bureau's August 19, 2003 letter; 5. The sewage disposal system for Lot 2 will be engineered to resolve groundwater concerns expressed in the County Health Department and Colorado Geologic Survey comments. The County Health Department will be responsible for evaluating the design approach to be taken; 6. Covenants will restrict any fencing to fencing types which wildlife can pass through, to non-barbed wire fencing, or other structures which would not prevent migration or grazing by ungulates; 7. The potential for conflict between agricultural practices or wildlife and residential use as well as other potential rural issues will be included in the disclosure notice and as a note on the final plat; 8. No new construction, on lot #2, can occur within 300 feet of the centerline of the main stem of Buckhorn Creek. 2. Staff recommendation is approval of the appeal of Section 8.14.2.M concerning connectivity. 3. Staff recommendation is denial of the appeal to the right-of-way dedication standards.
Mr. Karan briefed the Board on the application and noted that staff supports the subdivision and the appeal of the connectivity requirement. However, staff does not support the request for an appeal for the dedication of right-of-way. Mr. Karan also requested a modification to recommendation #8 in that it should apply to lot #2 only. Ms. Coleman stated that the Engineering staff also supports the application and the request for an appeal to the connectivity requirement but not the right-of-way appeal.
Mr. Harold Wolaver, the applicant explained to the Board why he believes the right-of-way appeal should be granted and referenced the Colorado Revised Statutes and case law. Mr. Wolaver stated that he believes the County's requirement for right-of way- dedication does not provide for a "standard of necessity" based on the aforementioned and is therefore a "taking".
Much discussion ensued regarding current traffic counts and the requirement for curb and cutter. Ms. Coleman stated that the County Transportation Plan and Road Standards are based on 20-year projections. Mr. Wolaver stated that currently there is a lack of evidence for the need for right-of-way any time in the near future and requested the Board approve the application as submitted and remove any references to right-of-way dedication on the plat.
Ms. Haag stated that the Board does have the right to require developers to dedicate right-of-way under current zoning regulations
Commissioner Gibson moved that the Board of County Commissioners approve the Lower Buckhorn Canyon Subdivision as presented and outlined above and with the modification to condition #8 as requested.
Motion carried 3 - 0.
4. U STUFF IT ZONING VIOLATION: 3021 E. MULBERRY
This is an alleged violation of the Land Use Code Section 4.1.18: Outside storage is not a permitted use in the C-Commercial zoning district. Staff findings include 1. The property is zoned C-Commercial; 2. Outside storage is not a permitted use in the C-Commercial zoning district; 3. Outside storage is only permitted, only by Special Review approval, in the I-Industrial zoning district; 4. The continued use of the property, in violation of the Land Use Code, will affect property values in the area; 5. The continued use of the property, in violation of the Land Use Code, has affected the neighbor's ability to enjoy their own properties. Staff recommendation is to find that a violation exists and require compliance within 30 days unless made aware of vehicle owners that can not be notified within 30-days (see reference to overseas travel in property owners letter dated October 15, 2002). Compliance would require that all outdoor storage be removed. In addition, legal action is authorized if the deadline is not met.
Chair Bender noted that neither the property owner nor any public are present for comment.
Ms. DeLude stated this violation was referenced several times as an "eyesore" during the East Mulberry Corridor discussions and requested the Board find the parcel in violation.
Commissioner Rennels moved that the Board of County Commissioners find a violation exists and require compliance within 30 days unless made aware of vehicle owners that can not be notified within 30-days (see reference to overseas travel in property owners letter dated October 15, 2002), and authorize legal action if the deadline is not met. Compliance would entail all outdoor storage be removed
Motion carried 3 - 0.
5. ENGLAND ZONING VIOLATION: 3008 N. COUNTY ROAD 25E, BELLVUE
6. MONTOYA ZONING VIOLATION: 3016 N. COUNTY ROAD 25E, BELLVUE
Ms. DeLude stated that she had spoken with the property owners of these violations and requested items 5 and 6 be removed from the agenda.
There being no further business, the hearing adjourned at 4:00 p.m.
THOMAS G. BENDER, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
(S E A L)
A T T E S T
Jean M. O'Connor, Clerk to the Board