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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, September 22, 2003

LAND USE HEARING

(#184)

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 and Karin Knauf, Planning Department; Roxanne Hayes, Engineering Department; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; Dawn Stroh Recording Clerk, and Jean O'Connor, Clerk to the Board.

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

1. BEE'S MINOR LAND DIVISION SE 1/4 OF 10-08-68; ON THE NORTH SIDE OF COUNTY ROAD 58, APPROXIMATELY ONE-QUARTER OF A MILE EAST OF I-25.

This is a request for the Minor Land Division of a 155-acre parcel and, pursuant to Section 5.4.3.C of the Larimer County Land Use Code, a waiver of minimum lot size requirement in order to create a total of two 2.5-acre residential lots, one 10-acre lot, and one 140-acre lot that will be placed under a conservation easement. The staff findings state the proposed Bee's Minor Land Division complies with the Review Criteria for Minor Land Divisions as contained in Section 5.4.3 of the Larimer County Land Use Code. Staff recommends approval of File #03-S2165, the Bee's Minor Land Division, including the approval of the waiver of the minimum lot size requirement for Lots 3 and 4, allowing 2.5 acre lots in the O-Open District, with the following condition, and authorize the Chair to sign the plat when the plat is presented for signature.1) As requested by Mr. Dale Greer of Larimer County Engineering, minor technical changes to the plat shall be made prior to recordation; 2) The proposed access easement road that will serve Lots 3 and 4 of the Bee's MLD and Lot 2 and 3 of the adjacent Weber MLD lot shall be named prior to recordation of the plat; 3) Prior to recordation, the final configuration and location of the utility easements shall be shown on the final plat exhibit; 4) At the time of building permit, the lot owner for any of the lots in this MLD shall pay Transportation Capital Expansion fees, and applicable drainage fees.

2. WEBER MINOR LAND DIVISION SE 1/4 OF 10-08-68: ON THE NORTH SIDE OF COUNTY ROAD 58, APPROXIMATELY ONE-HALF MILE EAST OF I-25.

This is a request for the Minor Land Division of an 80-acre parcel and, pursuant to Section 5.4.3.C of the Larimer County Land Use Code, a waiver of minimum lot size requirement in order to create two residential lots of 6.3 and 3.6 acres, and one 70-acre lot to be placed under a Conservation Easement. Staff findings are the proposed Weber Minor Land Division complies with the Review Criteria for Minor Land Divisions as contained in section 5.4.3. of the Larimer County Land Use Code. Staff recommends approval as requested and with the following conditions and authorizes the Chair to sign the plat as presented: 1. As requested by Mr. Dale Greer of Larimer County Engineering, minor technical changes to the plat shall be made prior to recordation; 2.The proposed access easement road that will serve Lots 2 and 3 of the Weber MLD and Lots 3 and 4 of the adjacent Bee's MLD lot shall be named prior to recordation of the plat; 3. Prior to recordation, the final configuration and location of the utility easements shall be shown on the final plat exhibit; 4. At the time of building permit, the lot owner for any of the lots in this MLD shall pay Transportation Capital Expansion fees, and applicable drainage fees.

3. ROGERS-SIMON REZONING SE 1/4 OF 20-5-68. JUST NORTH OF HIGHWAY 402 AND +/- 2 MILES WEST OF I-25:

This is a request to downzone two adjacent parcels from I-industrial to FA farming. Both parcels have single-family residences & most of the adjacent zoning is FA. The staff recommends approval as requested.

4. AMENDED PLAT OF LOTS 1A, 1B, 2B, 3A, 3B AND 5B, BLOCK 7 OF THE AMENDED PLAT OF RAMONA HEIGHTS AND LOT 2 OF THE AMENDED PLAT OF LOTS 4A & 4B, BLOCK 7 OF THE AMENDED PLAT OF RECORD RAMONA HEIGHTS AND LOT 1 OF THE AMENDED PLAT OF LOT 5A, BLOCK 7 AND LOTS 2A, 2B, 3A, 3B AND A PORTION OF LOT 1B LYING SOUTH OF AND EXISTING ROAD, BLOCK 8 OF THE AMENDED PLAT OF RECORD RAMONA HEIGHTS. SW 1/4 OF SECTION 28, TOWNSHIP 10, RANGE 73 WEST; IN THE RAMONA HEIGHTS SUBDIVISION LOCATED OFF LONE PINE DRIVE IN RED FEATHER LAKES:

This is a request for an Amended Plat to combine 7 lots into three larger lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code and therefore recommends approval subject to the following conditions and authorization for the Chair to sign the plat when conditions are met and the plat is presented for signature: 1) The proposed new lot 2A created by this action shall be renamed Lot 2 instead of Lot 2A; 2) The applicant shall place a note on the Amended Plat that states that the new lots created by this action are subject to the same restrictions, covenants, and restrictions as set forth on the recorded plat of Ramona Heights; 3) All conditions shall be met and the Final Plat recorded by March 22, 2004 or this approval shall be null and void.

MOTION

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

Motion carried 3-0.

  1. SQUIRE EXTENDED FAMILY DWELLING APPEAL 09-08-69; 3/4 OF A MILE S OF CR 60E, ON THE W SIDE OF NORTH TAFT HILL ROAD; 6485 N. TAFT HILL ROAD, FORT COLLINS:

This is a request for an Extended Family Dwelling and Appeals to the following required criteria: 1) living quarters must be a manufactured home; 2) the dwelling must house only immediate family; 3) there is a legitimate family hardship that justifies the need for the dwelling; and 4) an appeal of the $400 application fee for application processing and hearing costs. Staff finds that the dwelling does not meet the criteria described in the Larimer County Land Use Code. The staffs' recommendation is denial of the Extended Family Dwelling and Appeals based upon the above-identified findings, issues and concerns. Ms. Knauf stated if this application is approved on the basis of affordable housing what basis would the County have for denying other applications of this nature.

Ms. Gwen Squire, the applicant, stated that the fifth wheel is like an apartment and doesn't impact the area around them. Ms. Squire would like the Board to approve the application for the maximum three years. Mr. Helmick stated that the fifth wheel could sit on a parcel up to 120 days a year for recreational purposes but should not be used as a permanent dwelling.

Commissioner Bender stated if the Board approved this dwelling what kind of time limit are we looking for and what would be the cost to possibly move the fifth wheel to a RV park. Mr. Robert Boner stated that he would need about one year to clear his bills and save enough money to find a different place to live. Mr. Boner also stated that he would also need funds to pull the skirt and deck away from the fifth wheel before he could move it.

Chair Bender noted there is no public present to comment on this item and closed public comment.

Commissioner Rennels is concerned that the original extended family dwelling request did not meet the Land Use Code requirements and would not want to extend the permit for more than one year. Commissioner Rennels continued to state that she can appreciate the situation, and for the applicants to talk with Mr. Helmick to see if they could apply for a farmstead exemption.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the Squire Extended Family dwelling for no more than one year, require the applicant to pay 1/20th of the Transportation Capitol Expansion fees plus the application fee of $400.00.

Motion carried 3-0.

There being no further business, the meeting adjourned at 3:25 p.m.

TUESDAY SEPTEMBER 23, 2003

ADMINISTRATIVE MATTERS

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Tony Simons, Wildfire Safety Specialist; Ralph Jacobs and Pam Stultz, Human Resources Department; Jim Reidhead, Al Kadera and Larry Timm, Planning Department; Jeannine Haag, Assistant County Attorney; Bob Keister, Donna Hart, Deni La Rue and Melinda Keen, Commissioners Office; Gael Cookman, Clerk's Office; Jean O'Connor, Clerk to the Board and Dawn Stroh, Recording Clerk.

1. PUBLIC COMMENT: Mr. Brian Shumm stated concerns regarding the Boards decision to forego legal action if the property owner of a zoning violation submits an application to rectify the violation.

Mr. Buzz Burel stated concerns for his property and the Windy Gap Firming Project.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 16, 2003:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of September 16, 2003 as presented.

Motion carried 3-0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 29, 2003: Ms. Hart reviewed the schedule with the Board.

4. CONSENT AGENDA: Chair Bender requested clarification regarding the Public Trustee Second Quarter Report and removed it from the consent agenda.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the consent agenda minus the Public Trustee Second Quarter Report.

09232003A001 AGREEMENT AMENDMENT #5 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE.

09232003D001 DEED OF DEDICATION OF PROPERTY BY JAMES M. ELLER AND JANE M. ELLER FOR USE AS A PUBLIC HIGHWAY.

09232003D002 DEED OF DEDICATION OF PROPERTY BY GLORIA B. CRAMER FOR USE AS A PUBLIC HIGHWAY

09232003R001 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN X-BAR SEVEN SUBDIVISION 1ST ADDITION

09232003R002 RESOLUTION REGARDING RELEASE OF COLLATERAL FOR DEVRIES SUBDIVISION

MISCELLANEOUS: Host Minor Land Division; Bishop Minor Land Division; Amended Plat of High Drive Heights Subdivision; Rockmount Cottage Minor Subdivision/BLA; Semi-Annual Monitoring Report and Annual Compliance Certification for Landfill's Title V Operating Permit.

LIQUOR LICENSES: The following licenses were approved and issued: The Forks Mercantile - 3.2%- Livermore, CO.; The Forks Mercantile - Hotel and Restaurant - Livermore, CO.; Charco Broiler - Hotel and Restaurant - Fort Collins, CO.

Motion carried 3-0.

5. BOARD OF EQUALIZATION REFEREE RECOMMENDATIONS FOR SEPTEMBER:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Board of Equalization Referee Recommendations for September 22, 2003.

Motion carried 3-0.

6. PUBLIC TRUSTEE SECOND QUARTER REPORT: Mr. Keister explained the funds from the Trustee and noted that all or a portion of these funds would be deposited to the General Fund by years end.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Public Trustee Second Quarter Report as presented.

Motion carried 3-0.

7. 2004 WILDLAND URBAN INTERFACE GRANT: Mr. Simons requested the Board approve submission of a grant application for $85,000.00; funds would be used to continue implementation of Larimer County Fire Plan.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the submission of a grant application for the 2004 Western States Wildland Urban Interface Grant Program.

Motion carried 3-0.

8. HEALTH INSURANCE RENEWAL FOR 2004: Mr. Jacobs stated that PacifiCare originally proposed a 22% premium increase for 2004. However, once staff mentioned "going out to bid", PacifiCare's proposal was reduced to 15%. Ms. Stultz also noted that the co-pays would increase by $5.00.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the 2004 PacifiCare Health Insurance renewal with the recommended plan design changes.

Motion carried 3-0.

9. DISCUSSION OF REFERENDUM A: Chair Bender stated that he has read and researched both the pros and cons of Referendum A, and supports it. Commissioner Rennels stated that the Water Conservation Board would select projects without going through any legislative review and there are no time limits set in the proposal. Commissioner Rennels suggested that no position be taken at this time, Commissioner Gibson and Bender concurred.

10. WORKSESSION: Mr. Gluckman briefed the Commissioners on the County Budget Conference.

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

12. LEGAL MATTERS: Ms. Keen recommended the following be appointed to the Estes Valley Board of Adjustment; George Gibbs, 2 years, commencing October 1, 2003, expiring June 30, 2005; William Horton, 3 years commencing October 1, 2003, expiring June 30, 2003. Ms. Keen also recommended the following alternate Mr. Clifford Dill, 1 year commencing October 1, 2003, expiring October 1, 2004.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the appointments to the Estes Valley Board of Adjustments as recommended by staff.

Motion carried 3-0.

Ms. Haag stated there are currently no requirements for collateral on residual land within the Rural Land Use Process to complete infrastructure. Ms. Haag also proposed three possible mechanisms 1) lot sale restrictions; 2) collateral required; 3) date of completion in development agreement for infrastructure. Commissioner Rennels agreed that lot sale restrictions should be more flexible on a case by case basis.

Mr. Lancaster requested input from the Board concerning changes to previously approved documents. Commissioner Rennels suggested that changes to documents should be presented on the consent agenda and the Board could authorize Mr. Lancaster to approve non-substantive changes. Consensus of the Board is to authorize document changes at the discretion of the County Manager.

There being no further business, the meeting adjourned at 11: 15 a.m.

____________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

( S E A L )

A T T E S T

_________________________

Dawn L. Stroh, Deputy Clerk

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