Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, February 3, 2003

LAND USE HEARING

(#131)

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner. Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Jeannine Haag, Assistant County Attorney; Al Kadera, Geniphyr Ponce-Pore, Sean Wheeler, Karin Knauf, and Claudia DeLude, Planning Department; Doug Ryan, Health Department; Traci Downs and Roxann Hayes, Engineering, Tom Garton, Chief Building Official; Jean O'Connor, Clerk to the Board; and Kay May, Recording Clerk.

Chair Bender noted that the following items are consent agenda, and would not be discussed unless requested by the Board, staff, or members of the audience: Mr. Helmick requested that item #1 be tabled to April 21, 2003 at 3:00 p.m.

MOTION

Commissioner Rennels moved that the Board of County Commissioners table consent item # 1 Redstone Canyon Street Name Change to April 21, 2003 at 3:00 p.m.

Motion carried 3-0.

  1. AMENDED PLAT AND EASEMENT VACATION FOR GLACIER VIEW MEADOWS 2ND FILING, LOTS 25 AND 36: 1316 IRON MOUNTAIN DRIVE, LIVERMORE, IN SECTIONS 10 AND 15, TOWNSHIP 9 NORTH, RANGE 72 WEST OF THE 6TH PM IN GLACIER VIEW MEADOWS, LARIMER COUNTY, COLORADO.
  2. This is a request to amend the plat of Glacier View Meadows 2nd Filing, for Lots 25 and 36 in order to combine two lots into one lot and vacate a utility easement. Staff recommends approval of the Amended Plat of Glacier View Meadows 2nd Filing, for Lots 25 and 36, and Utility Easement Vacations, subject to the following condition and authorization for the chairman to sign the plat when the condition is met and the plat is presented for signature: 1. The Final Plat shall be recorded by August 3, 2003 or this approval shall be null and void.

  3. JANSMA SUBDIVISION LOT 1, EASEMENT VACATION, LOT 1, JANSMA SUBDIVISION, PORTION OF EAST 1/2 OF SECTION 5-4-69.

This is a request to vacate a portion of a 20-foot Little Thompson Water District easement, which was platted with the Jansma Subdivision. Staff recommendation is approval of the easement vacation as presented.

4. BUCKHORN MEADOWS CONSERVATION DEVELOPMENT PRELIMINARY PLAT: 23&26-06-70; ON THE EAST SIDE OF COUNTY ROAD #27, APPROXIMATELY 1/2 MILE NORTH OF THE INTERSECTION OF COUNTY ROAD #27 AND COUNTY ROAD #29, SOUTH OF MASONVILLE.

This is a request to divide a 60-acre site, with an existing llama ranch, into 5 single-family residential lots and 4 residual lots. Staff recommendation is approval with the following conditions 1. The Final Plat of the Buckhorn Meadows Conservation Development shall be consistent with the information contained in the File #00-S1683 or as modified by conditions of approval; 2.The following fees shall be collected at the time of building permit for new single family dwellings: Thompson R2-J School District fees in lieu of dedication, Larimer County Capital Transportation Expansion fee and the Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply. Before construction, the applicant must also contact the County Engineering Department and obtain a Development Construction Permit; 3. The applicant shall sign a Final Development Agreement, to be prepared by Staff and approved by the County Attorney, which details in standard language the conditions of approval and other important information related to the Conservation Development; 4.The applicant shall sign a Final Disclosure Notice for approval by the County to be recorded with the Final Plat. This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but is not limited to issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, the existence of active quarries in the area and other items raised in the review, or related to compliance with the Larimer County Land Use Code; 5. At Final Plat, the applicant's engineer shall provide the additional information required in the County Engineering Departments report dated November 12, 2002 or as modified by negotiations between the applicant and the Engineering Department. The applicant shall also comply with the requirements contained in the comments provided by the County Health Department dated 9-13-02; 6.The applicant shall provide a signed agreement with the Victory Ditch Company outlining the Ditch Company's rights and responsibilities, along with those of new residents. . The applicant shall provide a Final Landscaping Plan and Sign Detail, in compliance with County regulations, for review and approval at Final Plat.

MOTION

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

Motion carried 3-0

5. MACLAUGHLIN MINOR LAND DIVISION (MLD) APPEAL:SW 1/4 OF 33-04-71; LOCATED ADJACENT TO PINEWOOD SPRINGS THIRD FILING ON THE SOUTHWEST SIDE OF HIGHWAY 36.

This is a request to recognize a 7.178 acre parcel as a legal lot through the Minor Land Division process rather than the subdivision process as required by Section 5.1 of the Land Use Code. Staff recommendation is to grant the request with the following conditions 1. A neighborhood meeting shall be held prior to the submittal of the Minor Land Division application 2. The Public Hearing for the Minor Land Division shall be noticed in both a local newspaper and sent to affected property owners within 500 feet of the property boundary; 3. The final plat shall include a note stating that the property is subject to the Pinewood Springs 10th Filing convenants as stated on the deed creating Tract 2 of the Birnbaun Exemption, recorded at Book 1882 Page 225; 4. Prior to recording the final plat, applicant shall provide evidence to the Planning Department that the property shall be serviced by the Pinewood Springs Water District or that the applicant has obtained a valid well permit from the State; 5. The Minor Land Division process shall ensure compliance with all standards of the Larimer County Land Use Code and all other federal, state and County laws and regulations.

Ms. Knauf presented the above Minor Land Division Appeal to the Board of County Commissioners for approval. Barry MacLaughlin spoke to the Board requesting removal of the water restrictions from the Pinewood Springs Tenth Filing covenants in #3 and also remove #4 from the staff recommendations. Discussion ensued held on both issues the availability of water in the Pinewood area was of great concern to the Board. Commissioner Rennels addressed Mr. Ryan about issues on Environmental Heath and also asked Mr. Kadera to explain the difference between a Subdivision Process and a Minor Land Division Process.

Commissioner Rennels stated the Board does not have jurisdiction over the covenants in Pinewood Springs but suggested that #3 be changed to read; The final plat shall include a note stating that the property is subject to the Pinewood Springs Tenth Filing covenants as stated on the deed creating Tract 2 of the Birnbaum Exemption, recorded at Book 1882 page 225. Also, rewrite #4 to read: Prior to recording the final plat, applicant shall provide evidence to the Planning Department that the property shall be served by the Pinewood Springs Water District, or that the applicant has obtained a valid well permit from the State. All were in agreement.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Maclaughlin MLD Appeal as presented and amended as follows:

Conditions 1, 2 and 5- as presented

Condition #3: The final plat shall include a note stating that the property is subject to the Pinewood Springs 10th Filing convenants as stated on the deed creating Tract 2 of the Birnbaun Exemption, recorded at Book 1882 Page 225.

Condition #4: Prior to recording the final plat, applicant shall provide evidence to the Planning Department that the property shall be serviced by the Pinewood Springs Water District or that the applicant has obtained a valid well permit from the State.

Motion carried 3 - 0.

Motion carried 3-0

  1. OCON GROUP ZONING VIOLATION: S11 T04 R69ON:

This is an alleged violation of Land Use Code Section 4.1.19 Outdoor storage as a principle use is not permitted in the I-Industrial Zoning District unless approved through the Special Review process. Staff findings are 1. The property is zoned I-Industrial; 2. The I-Industrial zoning district does not permit outdoor storage; 3. Special Review approval is required to continue the outdoor storage use; 4. The continued use of the property, in violation of the zoning regulations, will affect property values in the area. Staff recommendation is 1. Find that a violation exists 2 .Require compliance within 60 days. Compliance would require that all outdoor storage of modular homes cease or allowing property owner 60 days to submit application for Special Review; 3. Authorize legal action if the deadline is not met.

Ms. DeLude briefed the Board on the Ocon Zoning Violation. Discussion ensued, and the Board re-wrote staff recommendations #2 to read; Require compliance within 60 days. Compliance would require that all outdoor storage of modular homes cease or allowing property owner 60 days to submit application for Special Review, all concurred.

M O T I O N

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

Motion carried 3-0

The meeting recessed at 4:20 p.m.

The Board of County Commissioners reconvened at 6:30 p.m. with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Sarah Flick, Planning Department; Jeannine Haag, Assistant County Attorney; Roxann Hayes, Engineering; and Jean O'Connor, Recording Clerk.

1. HAPPY CAT RETREAT AMENDED SPECIAL REVIEW: SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 6N, RANGE 69W; APPROXIMATELY 1/2 MILE WEST OF THE SHIELDS ST./TRILBY INTERSECTION

This is a request for an Amended Special Review to increase the capacity of an existing cat kennel from 6 cats to 21. A new kennel, housing 15 cats, would be added to the property. Staff recommendation is approval with the following conditions 1. Happy Cat Retreat shall be open to the public for operation on Monday through Friday, 8 a.m. to 6 p.m. / Saturday and Sunday, 9 a.m. to 3 p.m.; 2. The maximum number of cats boarded at any time shall be: 15 cats in the detached building, and 6 cats in the basement of the single-family residence. There will be no further business expansion; 3. Construction of the detached kennel building shall comply with all County Building Department regulations; 4. The applicant shall obtain a license for the kennel expansion from the Colorado Department of Agriculture, Animal Industry Division; 5. The application shall fulfill all the requirements stated by the County Engineering Department in their memo, dated October 31, 2002. These requirements include a) Applicant must remove the fence located in the right-of-way for La Eda Lane; b) Applicant must surface the parking area for Happy Cat with asphalt or concrete; c) The required handicapped parking space must be denoted with a sign or striping. The handicapped parking space must also be identified on the final Site Plan; d) The grading plan, included in the submitted Drainage Plan, must be stamped and signed by a licensed engineer before a building permit is issued for the expansion.

Ms. Flick briefed the Board on the application and noted that Engineering staff has amended condition 5b noting that either asphalt or concrete is required and that gravel is not acceptable.

Ms. Mary Hjerleid, the applicant, stated that she is in agreement with staff as well as the amendment from engineering.

Chair Bender stated that there is no public present for this item.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Happy Cat Amended Special Review as amended and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 6:50 p.m.

TUESDAY, FEBRUARY 4, 2003

ADMINISTRATIVE MATTERS

(#132 & 133)

The Board of County Commissioner met with Frank Lancaster, County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Gary Buffington, K-Lynn Cameron, and Charlie Johnson, Parks and Open Lands; Russ Legg, Larry Timm, and Kristen Bothell, Planning Department; Mark Peterson, Engineering Department; Andy Paratore, Information Management; Doug Hirst, Larimer Center for Mental Health; Lynn Wilder, Poudre Health District; Jeff Drager, Eric Wilkinson, and Brian Werner, Northern Colorado Water Conservancy District; Donna Hart, Commissioner's Office; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Ms. Linda Best and Mr. Gerald Lang addressed the Board with concerns and objections of the proposed Shooting Range to be located in the Cherokee Park area.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 27, 2003:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of January 27, 2003 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 10, 2003: The Board reviewed the draft schedule.

4. CONSENT AGENDA:

M O T I O N

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

02042003A001 FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, GALLERY HOMES, INC AND COLONY RIDGE ESTATES HOMEOWNER'S ASSOCIATION FOR COLONY RIDGE ESTATES 2ND SUBDIVISION

02042003D001 QUIT CLAIM DEED BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF LOVELAND (Hunter Property)

02042003D002 QUIT CLAIM DEED BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF LOVELAND (Wild Property)

02042003D003 QUIT CLAIM DEED BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF LOVELAND (Franz Property)

02042003R001 RESOLUTION TO QUIT CLAIM AN UNDIVIDED 9% INTEREST IN THE NORTH DEVIL'S BACKBONE PROPERTY (Hunter Property)

02042003R002 RESOLUTION TO QUIT CLAIM AN UNDIVIDED 15.87% INTEREST IN THE DEVIL'S BACKBONE PROPERTY (Wild Property)

02042003R003 RESOLUTION TO QUIT CLAIM AN UNDIVIDED 25% INTEREST IN THE DEVIL'S BACKBONE PROPERTY (Franz Property)

MISCELLANEOUS: Warner Minor Land Division; Personnel authorization request for a Permits Plus System Specialist; and Personnel authorization request for a Planning Technician.

LIQUOR LICENSES: The following licenses were approved Carter Lake Marina- 3.2%- Loveland, CO; Lovin Oven- Tavern- Loveland, CO; Boyd Lake Marina, Inc.- 3.2%; Burger Bay- 3.2%- Loveland, CO; White Buffalo- Tavern- Loveland, CO; and Cloverleaf Race Track- Race track- Loveland, CO.

Motion carried 3 - 0.

5. UPDATE ON CONNECTIONS CENTER: Mr. Hirst and Ms. Wilder provided the Board with an update regarding a joint project between the Larimer Center for Mental Health and the Poudre Health District. Ms. Wilder enthusiastically stated the program is working well and reduces potential barriers clients may encounter while providing direct assistance from a therapist 24/7 365-days a year.

6. PERSONNEL AUTHORIZATION REQUEST FOR POSITIONS BY PLANNING/ENGINEERING AS PART OF THE CUSTOMER SERVICE PLAN: Ms. Bothell requested additional staff to continue the Customer Service Plan previously discussed with the Board. Funding, Ms. Bothell continued, would be from funds previously approved by the Board.

Mr. Paratore expressed concern with the requested position of a Permits Plus Systems Specialist, in that the County continues to "de-centralize" technical support staff by approving individual department/ elected officials to hire their own support staff. Previous conversations, Mr. Paratore continued, included the need to "centralize" support staff though the Information Management Department in order to be more effective and efficient. The Board agreed discussions should continue, but is not interested in holding up the Customer Service Plan. Commissioner Rennels noted that support staff currently located in other departments or elected officials offices could later be transferred to Information Management.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a full time employee position for a Permits Plus Systems Specialist; a full time employee position for a Planning Technician; and a half time engineer for Planning/Engineering as part of the Customer Service Plan.

Motion carried 3 - 0.

7. UPDATE FROM NORTHERN COLORADO WATER CONSERVANCY DISTRICT: Mr. Drager updated the Board regarding the status and timeline for the Pleasant Valley Pipeline. The pipeline, Mr. Drager continued, will provide additional water to both the Fort Collins and Soldier Canyon Water Treatment Plants. Mr. Wilkinson stated the pipeline would also benefit the Greeley plant by allocating water in the winter months, which currently is not an option.

8. WORK SESSION: Mr. Lancaster provided a quarterly report to the Board and noted compliance in all areas with the exception of two improvement districts. Mr. Lancaster noted the need for better communication between the improvement districts, Engineering and himself.

9. COMMISSIONER REPORTS: The Board noted their attendance at events the previous week.

  1. LEGAL MATTERS: None

11. EXECUTIVE SESSION (#134)

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 11:00 a.m. and cited 24-6-402(4)(a) C.R.S.

Motion carried 3 - 0.

Executive session ended at 11:30 a.m.; no action was taken.

There being no further business, the meeting adjourned at 11:30 a.m.

_____________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

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.