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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, March 1, 2004

LAND USE HEARING

(No Audio Available)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Pro-Tem Gibson presided and Commissioner Bender was present. Also present were Al Kadera, Claudia DeLude, Sean Wheeler, Geniphyr Ponce-Pore, Planning Department; Christie Coleman, Engineering Department; Doug Ryan, Health Department; George Hass, County Attorney; Dawn Stroh, Recording Clerk; and Jean O'Connor, Clerk to the Board.

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

1. GIBSON EXEMPTION TRACTS E AND F, AMENDED PLAT: 14-07-68: ON THE EAST SIDE OF COUNTY ROAD 5, SOUTH OF STATE HIGHWAY 14 AND EAST OF I-25

This is a request for an Amended Plat to adjust a lot line that was incorrectly surveyed, to allow relief for a non-conforming setback on an existing structure. Staff findings include 1. The proposed amended plat complies with the Larimer County Land Use Code; 2. The proposed amended plat is compatible with other development in the surrounding area; 3. Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 4. The amended plat will not adversely affect property values in the surrounding area. Staff recommendation is approval subject to the following conditions and authorize the Chair to sign the plat when presented for signature 1. The Final Amended Plat shall be consistent with the information contained in File #04-S2236 or as modified by conditions of approval; 2. All conditions shall be met and the final executed deed and resolution of the County Commissioners recorded by 9-01-04, or this approval shall be null and void; 3. The Tracts must be correctly labeled as: Tract E1 and Tract F1 of the Amended Plat of Tracts E and F of the Gibson Exemption; 4. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

2. SHOCKLEY ESTATES CONSERVATION DEVELOPMENT, PRELIMINARY PLAT: SW 1/4 28-05-68; AT THE NORTHEAST CORNER OF THE INTERSECTION OF COUNTY ROAD 16 AND COUNTY ROAD 9, SOUTHEAST OF LOVELAND

This is a request for a Preliminary Plat for a Conservation Development to divide 40 acres + into a 3 residential lots and one residual lot. Staff recommendation is approval with the following conditions 1. The Final Plat of the Shockley Estates Conservation Development shall be consistent with the information contained in the file, #02-S1976 or as modified by conditions of approval; 2. The following fees shall be collected at building permit for new single family dwellings: Thompson R2-J school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, a Larimer County Park Fee in lieu of dedication and a Drainage Basin Fee to be calculated by the County Engineer. The fee amount that is current at the time of building permit application shall apply; 3. Basements are not allowed on the new lots if the lowest floor elevation is not at least 3-feet higher then the ground water. If basements are proposed, the owners of Lot 2 and Lot 3 must demonstrate by standard engineering methods that they can meet this requirement, before submission of any new single-family residential building permit application. To be approved, basement construction plans must include perimeter drains to be installed with any sub grade construction. The drains must be designed to daylight or should discharge to a sump that can be pumped; 4. The applicant shall sign a Final Development Agreement and Disclosure Notice for approval by the County as a part of the Final Plat, and to be recorded with the Final Plat. This notice shall provide notice to all future lot owners of the conditions of approval and other issues associated with the approval of this project. The notice shall include, but is not limited to; the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 5. Engineered footers and foundations, and radon testing are required for the new residential lots; 6. Prior to submission of the Final Plat application, the applicant shall satisfy the requirements for sight distance and drainage certification, as required by the County Engineering Department in comments dated 11-3-03. All other issues raised in the report by the Engineering Department's comments shall be met at Final Plat.

3. AMENDED EXEMPTION OF PARCEL 1 OF THE DALLAS BENTON AMENDED EXEMPTION PLAT: N 1/2 OF SECTION 34 AND A PORTION OF THE N 1/2 OF SECTION 34, T 5, R 70 W, MORE SPECIFICALLY LOCATED APPROXIMATELY 700 FEET NORTH OF THE INTERSECTION OF COUNTY ROAD 31 AND CACTUS COURT

This is a request to amend Parcel 1 of the Dallas Benton Amended Exemption in order to transfer five acres from a 50-acre parcel to a 15-acre lot, resulting in one metes and bounds parcel of 44.80 acres and one amended exemption lot of 20.99 acres. Staff recommendation is approval subject to the following conditions and authorize the Chair to sign the plat when presented for signature 1. The Final Plat shall be recorded by September 1, 2004 or this approval shall be null and void; 2. Technical corrections to the plat, as requested by Dale Greer of Larimer County Engineering, shall be made prior to recordation of the plat.

MOTION

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

Motion carried 2 - 0.

4. GONZALEZ ZONING VIOLATION: 1121 N. COUNTY ROAD 23H

This is an alleged violation of the Land Use Code 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 FA1-Farming; 2. Outside storage is not a permitted use in the FA1-Farming zoning district; 3. The vehicles onsite have created the appearance of a commercial or industrial use; 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. Compliance would require that all outdoor storage of vehicles be removed from the property and the use cease. In addition, legal action is authorized if the deadline is not met.

Ms. DeLude briefed the Board on the violation and requested a violation be found. Chair Pro-Tem Gibson noted that the property owner is not present and that there is no public present to comment on this item.

MOTION

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

Motion carried 2 - 0.

5. GRIFFIN ZONING VIOLATION: 4702 E. COUNTY ROAD 66, WELLINGTON

This is an alleged violation of the Land Use Code Section 4.1.5: Outside storage is not a permitted use in the O-Open zoning district. Staff findings include 1. The property is zoned O-Open; 2. Outside storage is not a permitted use in the O-Open zoning district; 3. The continued use of the property, in violation of the Land Use Code, will affect property values in the area; 4. 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 120-days. Compliance would require that all outdoor storage be removed from the property. In addition, legal action is authorized if the deadline is not met.

Ms. DeLude stated that the property owner has been working with staff and that most of the vehicles have been removed from the property and requested the item be tabled for 30-days.

Mr. James Griffin, the property owner stated that a longer period of time for compliance is necessary since he would need to tear down a 31-foot trailer if it is not sold. Commissioner Bender asked if 120-days would be sufficient and Mr. Griffin stated that he would try.

Mr. Johnny West stated that the construction equipment is from MBI Corp., of which he is retired. Mr. West stated that the company representative is out of the country and the additional time for compliance would be appreciated.

MOTION

Commissioner Bender moved that the Board of County Commissioners find a violation exists and require compliance within 120-days. Compliance would require that all outdoor storage be removed from the property. In addition, legal action is authorized if the deadline is not met.

Motion carried 2 - 0.

6. HEIN ZONING VIOLATION: NW 1/4 35-05-69, ON THE EAST SIDE OF COUNTY ROAD 17

This is alleged violations of the Land Use Code Section 4.1.1: Outside storage is not a permitted use in the FA-Farming zoning district; Section 4.1.1: A junkyard is not a permitted use in the FA-Farming zoning district; Section 21.1B: "It is unlawful to...erect...any building or structure (sign)...without first obtaining a building permit; and Section 21.1.C: "It is unlawful to use real property...in a way that is inconsistent...with the terms and conditions of any land use approval..." Staff findings include 1. The property is zoned FA-Farming; 2. Outside storage is not a permitted use in the FA-Farming zoning district; 3. The vehicles and materials stored onsite have created the appearance of a commercial or industrial use; 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 a violation exists and require compliance within 30-days. Compliance would require that the property owner 1. Complete an application for Special Review within 45 days; 2. Acquire approval of a Special Review within 180 days; OR 1. All outdoor storage of vehicles and materials not related to the composting business be removed from the property and the illegal uses cease; 2. In addition, legal action is authorized if the deadline is not met.

Ms. DeLude briefed the Board on the violations and Commissioner Bender asked if annexation into the City has been pursed. Ms. DeLude stated that it had but the City is not interested at this time.

Chair Pro-Tem noted that the property owner is not present.

Mr. Karl Robb informed the Board that Mr. Hein is not complying with the original approval for a composting business. Commissioner Bender stated that it appears Mr. Hein is starting a landscaping business and asked how Mr. Robb felt about that kind of business. Mr. Robb stated that he does have a problem with that type of business in the residential area and prefers Mr. Hein return to only composting.

Mr. Darren Brennan, co-owner of the business, stated that he realizes the requirement to apply with the County in order to expand the uses on the property and clarified that product is not sold to the public. The only vehicles, Mr. Brennan continued, are those belonging to workers.

Mr. Tim Nuygen also agreed the Board should only allow the composting business and stated that there are 19 vehicles on the parcel and it is quickly becoming an eyesore. The condition of the Hein property is affecting adjacent property values.

MOTION

Commissioner Bender moved that the Board of County Commissioners Find that a violation exists and require compliance. Compliance would require that the property owner 1. Complete an application for Special Review within 45 days; Acquire approval of a Special Review within 180 days OR 1. All outdoor storage of vehicles and materials not related to the composting business be removed from the property and the illegal uses cease; 2. In addition, legal action is authorized if the deadline is not met.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 3:40 p.m.

TUESDAY, MARCH 2, 2004

ADMINISTRATIVE MATTERS

(#17 & 18)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Pro-Tem Gibson presided and Commissioner Bender was present. Also present were Erik Nilsson, Emergency Management; Marc Engemoen, Gary Buffington and K-Lynn Cameron, Parks Department; Ginny Riley and Ruth Coberly, Human Services; Ed Rutherford and representatives of the County Retirement Board; Neil Gluckman, Donna Hart and Deni La Rue, Commissioners' Office; Gael Cookman, Clerks' Office; Jean O'Connor, Clerk to the Board; and Dawn Stroh, Recording Clerk.

1. PUBLIC COMMENT: Mr. Nick Kemp, Mr. Jason Hartman, Ms. Leslie Worton and Ms. Stacie Haliger addressed the Board with concerns regarding the Board's consideration of "user fees" at the east-side of Horsetooth Reservoir and offered suggestions for alternatives to fees.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 23, 2004:

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the minutes for February 23, 2004 with noted correction.

Motion carried 2 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 8, 2004: Ms. Hart reviewed the schedule with the Board.

4. CONSENT AGENDA

MOTION

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

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions are approved Kapoor, Academy Court Enterprises LLC, Daugherty, Archers, Lyon, Anderson, and Vanworks, Inc.

03022004A001 ADDENDUM TO THE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GROUND ENGINEERING CONSULTANTS, INC FOR GEOTECHNICAL AND TESTING SERVICES

03022004A002 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SUZANNE HULL AND TYSON HULL FOR THE HULL SUBDIVISION

03022004A003 SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TRISTAR RISK MANAGEMENT

03022004R001 FINDINGS AND RESOLUTION APPROVING THE VACATION OF THE DEDICATED RIGHT-OF-WAY IN RAMONA HEIGHTS SUBDIVISION

03022004R002 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF AMERICAN TOWER CORPORATION

03022004R003 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR HULL SUBDIVISION

03022004R004 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR MILL CANYON ESTATES LOT 23A, BLOCKS 3 & 5 AMENDED PLAT AND EASEMENT VACATION

MISCELLANEOUS: Expenditure authorization for Wagner-Peyser; Hull Subdivision Final Plat.

Motion carried 2 - 0.

5. MULTI-HAZARD MITIGATION PLAN ADOPTION: Mr. Nilsson stated that as a pre-requisite to Federal assistance in the event of a disaster, the County or region must submit a mitigation plan. When the process first began, Mr. Nilsson continued, Weld County was included, but for reasons unknown, have since backed out. Therefore the plan is in partnership with the County and the City of Greeley.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the resolution adopting the Multi-Hazard Mitigation Plan.

Motion carried 2 - 0.

03022004R005 MULTI-HAZARD MITIGATION PLAN ADOPTION RESOLUTION

6. FIRST READING OF THE ORDINANCE ESTABLISHING THE LARIMER COUNTY GENERAL ASSISTANCE PROGRAM: Ms. Riley provided a brief history of the program and noted that the ordinance has not been updated is 20+ years. Ms. Coberly explained the uses of the program and the proposed changes to reflect current needs. Ms. Riley stated that the ordinance would be reviewed by staff on an annual basis. Chair Pro-Tem Gibson requested the Board also review the ordinance every four years.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the first reading of the Larimer County General Assistance Program Ordinance with the noted change.

Motion carried 2 - 0.

7. RETIREMENT PLAN PROVIDER INFORMATION: Mr. Rutherford stated that the Retirement Board has been interviewing several providers of retirement services and has chosen to have The Principal Group handle the County retirement program. Mr. Peter Coombs briefed the Board on the history of The Principal Group and services they provide. Mr. Coombs stated the transition is expected to be complete by June 30 this year.

8. APPROVAL TO EXPEND OPEN SPACE SALES TAX DOLLARS FOR ROBERTS RANCH CONSERVATION EASEMENT: Ms. Cameron stated that the purchase of 4700-acres would be in partnership with the Nature Conservancy, City of Fort Collins, and Great Outdoor Colorado, with the County contributing $200,000. Chair Pro-Tem Gibson expressed concern with the lack of a trail easement. Ms. Cameron explained that the expense is for a conservation easement not the purchase of the property and that trail easements are provided by "willing" landowners. Ms. Cameron requested approval for the $200,000 expenditure.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve $200,000 from the Help Preserve Open Space Sales Tax Dollars for the purchase of the proposed Robert's Ranch Conservation Easement.

Motion carried 2 - 0.

9. APPROVAL TO EXPEND OPEN SPACE SALES TAX DOLLARS FOR AMERICAN LEGION PROPERTY: Ms. Cameron explained that this purchase is in partnership with the Estes Valley Land Trust and the Town of Estes Park and that the County's portion of the purchase is $25,000. Ms. Cameron noted that the property is 1.6-acres of scenic backdrop to the Town and requested approval to expend the Open Space dollars.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the expenditure of $25,000 from Help Preserve Open Space Sales Tax Dollars for the purchase of the American Legion property.

Motion carried 2 - 0.

10. SEMI-ANNUAL REPORT ON CREDIT CARD USE: Mr. Lancaster distributed a summary of credit card use and noted that one department has been addressed regarding excessive late charges, but that all departments seem to be in compliance with the policy.

11. WORK SESSION: Mr. Lancaster distributed "Budget Comment" forms for the Boards use at neighborhood meetings, public meetings, etc.

Mr. Gluckman stated that legislation regarding "Vote Centers" has made it out of committee.

Mr. Lancaster distributed a letter from the Sierra Club regarding West Nile Virus treatment. The Board requested Mr. Lancaster respond to the Sierra Club.

Mr. Engemoen and Mr. Buffington provided the Board with their understanding of the Carter Lake and Marina re-organization plan to confirm staff is proceeding as directed.

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

13. LEGAL MATTERS: Ms. Cookman stated that a Show Cause hearing has been scheduled for next week for Club Osirus and that a request from their lawyer has been received requesting a continuance. Consensus of the Board is to proceed with the original hearing date.

There being no further business, the meeting adjourned at 11:45 a.m.

__________________________________

GLENN W. GIBSON, CHAIR PRO-TEM

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

______________________________ ___________________________________

Dawn Stroh, Recording Clerk Jean M. O'Connor, Clerk to the Board

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