MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, July 19, 2004

LAND USE HEARING

(#85)

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner; Chair Pro Tem Gibson presided and Commissioner Bender was present. Also present were Sean Wheeler, Al Kadera, Geniphyr Ponce-Pore, Porter Ingrum, and Claudia DeLude, Planning Department; Christie Coleman, Engineering Department; Candace Phippen, Building Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

Chair Pro Tem Gibson stated the first item pertained to the West Hiawatha Heights Block 9, Lots 13 - 17 Amended Plat that was tabled on June 28, 2004. Mr. Helmick stated that this item could be moved to the consent items and approved with one motion.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners add the Hiawatha Heights Block 9, Lots 13 - 17 Amended Plat to the consent agenda.

Motion carried 2-0.

Chair Pro Tem Gibson explained that the following items are consent and would not be discussed unless requested by the Board, staff, or members of the audience:

1. WEST HIAWATHA HEIGHTS BLOCK 9, LOTS 13-17 AMENDED PLAT - 04-S2275:

This is a request to amend the plat of Lots 13 - 17 of Block 9, of West Hiawatha Heights Subdivision, combining 5 lots into 1 lot and 1 outlot. Staff recommendation is for approval subject to the following conditions and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature: 1. The Final Plat shall be recorded by December 28, 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 recording of the plat.

2. CEDAR SPRINGS 4TH FILING LOTS 11-13 LOT CONSOLIDATION & EASEMENT VACATION - 04-S2304

This is a request to amend Lots 11-13 of Cedar Springs Subdivision 4th Filing in order to combine Lots 11-13 into one 2.53-acre residential building lot. This application also requests the vacation of the utility easements located on the common lot lines of the subject lots. Staff recommendation is for approval of the Amended Plat for Cedar Springs 4th Filing Lots 11-13 (04-S2304) to be known as Lot 11A of the Amended Plat of Lots 11-13, Cedar Springs 4th Filing and the vacation of the 5-foot utility easements located along the common lot lines subject to the following conditions: 1. All conditions shall be met and the final executed deed and resolution of the County Commissioners shall be recorded by January 19, 2005 or this approval shall be null and void; 2. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots; 3. Vacation of the easement shall not be effective until the amended plat is recorded in the Larimer County Records.

3. GRAYBILL CONDOMINIUM MAP - 04-S2308:

The subject condominium application proposes to create 16 condominium units from the existing building situated on Lot 2 of the PUD. The building on the subject property was constructed in 2003/4 and will be occupied by tenants upon the conclusion of this application. The purpose for the subject request is to allow for separate ownership and use of the units within the existing building. A condominium application requires the applicant to submit a condominium plat illustrating all the common elements such as parking and open areas, as well as the Condominium Declarations, disclosing the maintenance responsibility and use of property around and common to the condominium units. These required items have been submitted to the Planning Department for review and processing. The review of the submitted material reveals appropriate documentation of the common elements and adequately described and assigns maintenance responsibility of the property. Parking areas, landscape areas and the buildings for this development site are in place and are properly noted in the Condominium Declarations as common elements that are to be maintained by the property owners association. All utilities serving this site are in place and functional. Staff findings are as follows: 1. The proposed Graybill Condominium Map and declarations are in compliance with the Larimer County Master Plan and Land Use Code; 2. The proposed Graybill Condominiums is compatible with the other development in the surrounding area; 3. Approval of the Graybill Condominiums will not result in any significant impacts to the neighboring properties, the natural environment, of the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by the approval of the Graybill Condominiums; 5. Maintenance of the buildings, parking lots, landscaping and other common areas will be the responsibility of the property owners association, pursuant to the Condominium Declaration and By-laws of the Graybill Condominium Association. Staff recommendation is for approval of the Graybill Condominium Map (File #04-S2308), with authorization for the Chairman to sign the plat when the conditions are met and the plat is presented for signature.

M O T I O N

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

Motion carried 2-0.

  1. MAXWELL MINOR RESIDENTIAL DEVELOPMENT TRACTS A & B AMENDED PLAT - 04-S2306: This is a request to amend the plat of the Maxwell Minor Residential Development (MRD) which was conditionally approved in 1993. Approval of this request would allow the applicant to construct a garage addition. According to the project description, the current garage is within the setback line and the amended plat would correct this violation. Approval would also allow for an addition to the garage. The applicant further requests approval for two points of access onto County Road #30. In 1993, the Board of County Commissioners approved the MRD with the requirement that a single point of access serve both lots. The applicant did not comply with this condition. Staff findings are as follows: 1. The proposed amended plat complies with the Larimer County Land Use Code. The request for two separate access points would legitimize an illegal access point, constructed in violation of the previous approvals for the Minor Residential Development, and is not supported by Staff. 2. The proposed amended plat is compatible with other development in the surrounding area. The separate access points are not compatible with the infrastructure needed to support development in the surrounding area, and are not supported by Staff. 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. Approval of the two points of access will have a negative impact on County Road #30, and thus have a negative impact on surrounding properties and is not supported by Staff. 4. The amended plat will not adversely affect property values in the surrounding area.

Staff recommendation is for approval subject to the following conditions: A. The Amended Plat shall be consistent with the approved preliminary plan and with the information contained in the Maxwell Minor Residential Development and Amended Plat, except as modified by the conditions of approval or agreement of the County and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Maxwell Minor Residential Development. B. The following conditions shall be met and the final plat recorded by 1/19/05 or this approval shall be null and void: The illegal driveways serving individual lots shall be removed, and a shared driveway access point shall be constructed, following review and approval of the plan by the County Engineering Department. The Board of County Commissioners shall not sign the amended plat until the applicant complies with this condition. C. The following language shall be included on the final plat "The resultant lots are subject to any and all covenants, deed restrictions or other conditions that apply to the original lots". D. Failure to remove the illegal access points within six months of the date of this public hearing shall result in the Board of County Commissioners scheduling the item for the purpose of enforcing the original Minor Residential Plat, because of non-compliance with the conditions of approval in the Findings and Resolution dated March 10, 1993.

Mr. Wheeler noted that planning staff supports the request to amend the plat; however, the issue that remains in dispute concerns the access to the property, as the applicant does not wish to have a single point of access. Mr. Wheeler noted that two accesses never should have occurred in the first place and that a single point of access would be safer and would comply with the conditions as originally outlined.

As this time the applicant, Richard Maxwell addressed the Board. Mr. Maxwell stated that he has not had any safety issues utilizing both accesses to this property and he does not believe that the road to the east poses a safety threat. Mr. Maxwell noted that the access is adequate the way it is, and would prefer two access points; however, he would comply with the Board's decision whatever that may be. Chair Pro Tem Gibson stated that both accesses have been in place for many years and asked why the property would not be able accommodate dual access. Ms. Coleman stated that sight distance on the east access was limited and since it connects to a major collector road there is a 1700 foot interval spacing required between access points. At this time Chair Pro Tem Gibson opened the hearing to public comment and Ramaldo Vato, real estate agent for Mr. Maxwell, addressed the Board noting that he believes a combined access might actually create a greater safety issue and that in his opinion both accesses as they are being currently used do not cause a safety issue. Chair Pro Tem Gibson closed public comment. Commissioner Bender stated that since the 1700 foot requirement between accesses is not being met he would support the staff recommendation. Chair Pro Tem Gibson was concerned with the east access being so close to the railroad tracks for safety and noted that he would also support the staff recommendation.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Amended Plat of the Maxwell Minor Residential Development Tracts A and B, subject to conditions A through D as recommended by staff and outlined above.

Motion carried 2-0.

5. HARVEY ZONING VIOLATION - 03-ZV0173: Ms. DeLude stated that the owner is working towards compliance and recommended the Board table this item to September 27, 2004 at 3:00 p.m.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners table the Harvey Zoning Violation, file # 03-ZV0173, to September 27, 2004 at 3:00 p.m.

Motion carried 2-0.

Ms. DeLude recommended that the Board remove item 6 from the agenda, concerning the Wendel Zoning Violation, as the owner is currently in compliance. With regards to item 7, the Powell Zoning Violation, Ms. DeLude informed the Board that Mr. Powell would like to have six months to find a use for the building. She stated that staff is not opposed to a reasonable delay in finding a violation on this site and recommended the Board removed item 7 from the agenda.

The meeting recessed at 3:40 p.m., with no further action taken.

PUBLIC HEARING FOR

SHIREBROOK PUBLIC IMPROVEMENT DISTRICT #27 and

VINE DRIVE PUBLIC IMPROVEMENT DISTRICT #29

(No Audio Available)

The Board of County Commissioners reconvened at 6:30 p.m. with Rex Burns, Project Engineer; Chair Pro Tem Gibson presided and Commissioner Bender was present. Also present were: Linda Sanders, Engineering Department, and Gael Cookman, Deputy Clerk.

Mr. Burns stated that the purpose of the meeting tonight was for the Board to consider public comment regarding the formation of the districts and to decide whether to order an election on the proposed districts. Mr. Burns gave some background regarding the Shirebrook Public Improvement District (PID) noting that the roads to be improved are located in LaPorte and would include Rifle Road and Settlers Road. He explained that maintenance of the streets would involve removing or pulverizing the existing asphalt surface as necessary and replacement of the asphalt surface with new hot mix asphaltic material. Mr. Burns also noted that there is a significant problem with drainage in the area and that drainage system improvements would provide proper conveyance of storm water away from the street surface to an acceptable point of outfall. Ms. Sanders submitted letters to the Board from homeowners that could not attend the hearing; she then noted that there are 21 lots in Shirebrook and that estimated cost of the project would be $191,514. Ms. Sanders stated that they would sell a bond to raise the money for construction and that the cost to the homeowner would be approximately $1229.00 per year for the first ten years, and approximately $95.00 per year thereafter for on-going maintenance.

At this time Chair Pro Tem Gibson opened the meeting to public comment. The following individuals addressed the Board in support of creating the PID: Steve Flickinger, Tom and Vaunna Brectel, Dan Baker, Stephen and Linda Marriner, and Gary Fritz. Those in favor of the Public Improvement District stated that something must be done about the drainage situation as many of them have spent a lot of money in past years ripping out carpet and fixing up basements that have flooded due to the poor drainage in the area. The owners in favor of creating the PID stated that the road itself is deteriorating and it would be beneficial to have the county involved in supervising the project and assisting with the bid process and providing guidance for the road improvements. The following individuals were opposed to creating the PID: Betty Doleshall, Matt and Lanna Kroger, Jan Koch, Shannon Turner, Earl Larsen, and Janet Musil. Those opposed stated that the project was too costly for what they would receive in return, that it would cause a financial hardship on them personally, and that it would detract others from purchasing property in the area as the increase in ownership taxes would cause individuals to look elsewhere. Those opposed also believed that the neighborhood to the west, which includes nearly 100 households, should cost share in the project as they use Settlers Road to gain access to their neighborhood as well.

Chair Pro Tem Gibson and Commissioner Bender asked for clarification regarding the proposed culvert and drainage, and then both agreed that it was up to the neighborhood to decide this issue and felt it necessary to allow them the opportunity to vote on it in the November election.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Petition and Resolution ordering an election to create the Larimer County Shirebrook Public Improvement District Number 27.

Motion carried 2-0.

07192004R001 RESOLUTION APPROVING THE PETITION AND ORDERING AN ELECTION TO CREATE THE LARIMER COUNTY SHIREBROOK PUBLIC IMPROVEMENT DISTRICT NO. 27; AND PROVIDING OTHER DETAILS RELATING THERETO

Mr. Burns explained that the streets to be improved in the Vine Drive PID would include Bryan Avenue, Frey Avenue, and Sycamore Street, and that improvement would consist of reconstructing the streets with asphalt mat paving over a prepared surface with concrete curb and gutter placed on both sides of the road. Mr. Burns noted that minor changes in the vertical grade would be constructed as necessary to provide for positive drainage of storm water and drainage system improvements as necessary would also be included. Again Ms. Sanders submitted letters on behalf of homeowners that could not attend the hearing. Ms. Sanders noted that there are 37 lots in multiple ownership, such as condominiums and apartments, of the Vine Drive PID and the estimated cost of the project would be $51,848, with an additional $5000 per needed for on-going maintenance. Chair Pro Tem Gibson opened up the hearing to public comment and Paulette Hagen presented the Board with a fax message from Nancy Bonnema stating that she was opposed to the creation of the PID for Vine Drive Subdivision. Ms. Hagen noted that Ms. Bonnema believes that they would have to raise the rent in order to pay for the increase in taxes and that the tenants will move out of she raises the rent. Andy Sleeper, Steve Hawes and Jan Manning addressed the Board stating that although they did not like the idea of paying higher taxes, they are in favor of creating the PID since the road is in terrible condition and paving the road will attract renters and will increase property values. Some discussion ensued regarding whether or not the City of Fort Collins would ever annex the subdivision, and Chair Pro Tem Gibson stated that since more than 50% of the eligible electors signed the petition, then the PID should be put on the November ballot to be decided.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Petition and Resolution ordering an election to create the Larimer County Vine Drive Public Improvement District Number 29.

Motion carried 2-0.

07192004R002 RESOLUTION APPROVING THE PETITION AND ORDERING AN ELECTION TO CREATE THE LARIMER COUNTY VINE DRIVE PUBLIC IMPROVEMENT DISTRICT NO. 29; AND PROVIDING OTHER DETAILS RELATING THERETO

TUESDAY, JULY 20, 2004

ADMINISTRATIVE MATTERS

(#85)

The Board of County Commissioners met in regular session at 9:00 a.m. with County Manager Frank Lancaster; Chair Pro Tem Gibson presided and Commissioner Bender was present. Also present were: Donna Hart, and Deni La Rue Commissioners Office; Bob Holt, Fairgrounds Manager; Gary Hausman, Fair Board Chair; Jill Bennett and Al Kadera, Planning Department; Major Bill Nelson, and Lieutenant Jim Sullivan, Sheriff's Department; Don Miller and Larry Hass, Colorado Department of Transportation; Ellen Hodges, US Forest Service; Jerry Blehm, Health Deparment; Robin Jones, Mishawaka owner; Candace Phippen, Building Inspections; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

1. PUBLIC COMMENT: Jim Schulte addressed the Board with concerns regarding a neighbor storing and working on numerous vehicles, which Mr. Schulte believes is a zoning violation. Mr. Kadera explained that county staff have visited the property and cannot determine if the neighbor is indeed dealing cars since all the vehicles are licensed in the property owner's name.

2. REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 26, 2004: Ms. Hart reviewed the upcoming schedule with the Board.

3. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the following items as listed on the consent agenda for July 20, 2004:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved: Jim Randy Company, Inc., (2 parcels); Hewlett Packard Co., (2 years).

07202004R001 RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

MISCELLANEOUS: Personnel Authorization Request for Social Caseworker II.

LIQUOR LICENSES: Approval and issuance was granted to the following establishments: Sols Long Branch - Tavern - LaPorte; Rainbow Plaza - Tavern - Loveland; Cottonwood Hollow - Hotel & Restaurant - Livermore. Approval was granted for the following organization: Big Thompson Canyon Volunteer Fire Department - Special Events Permit 6% - Drake.

Motion carried 2-0.

4. FAIR AND RODEO PROCLAMATIONS: The 2004 Fair and Rodeo Queen, Jessica Benish, the Lady-in-Waiting, Korrie Cox, and the 2004 Larimer County Sheriff's Posse Queen, Brittany Fain, along with their parents, introduced themselves to the Board. Mr. Holt noted that there are two proclamations before the Board, one pertaining to Rob Smets being recognized as a well known Professional Rodeo Cowboys Association (PRCA) Bullfighter who will be retiring after this year, and the second proclaiming the Larimer County Fair and Rodeo and appointing the queens and lady-in-waiting. Commissioner Bender read the proclamation regarding Rob Smets aloud.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners dedicate the proclamation in honor of PRCA Bullfighter Rob Smets.

Motion carried 2-0.

Commissioner Bender read the proclamation regarding the Fair and Rodeo and appointment of the queens and lady-in-waiting aloud.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners proclaim the week of August 5th through August 11th, 2004 as a time to acknowledge the importance of the Larimer County Fair and Rodeo.

Motion carried 2-0.

5. DISCUSSION OF PARKING AND CAMPING PROBLEMS IN THE MISHAWAKA AREA: Mr. Lancaster explained that as in past years, the Board has been receiving citizen complaints regarding the crowds of people and vehicles that line the highway around the Mishawaka Inn, located in the Poudre Canyon. Mr. Lancaster stated that although the camping and loitering that takes place adjacent to the Mishawaka is not specifically Robin Jones' problem (owner of Mishawaka Inn) it is caused by the patrons visiting his business. Mr. Lancaster stated that there are additional concerns with safety and sanitation as there are no adequate facilities to accommodate individuals choosing to camp and cook in the area. Mr. Jones gave an update to the Board on how he is trying to control the camping; he noted that he has placed large signs in the area that prohibit camping, and he has placed this information on his website, advertised it with the local radio stations, and they are shuttling people up from Poudre Park where there are approximately 60 campsites, all in an effort to reduce the traffic and congestion around his establishment. Discussion ensued with regards to the possibility of constructing a bridge across the river to provide additional parking since Mr. Jones owns property across the river that could possibly accommodate this. Mr. Hass stated that Colorado Department of Transportation (CDOT) is committed to taking control of this issue and is prepared to take drastic measures to ensure the camping and loitering cease in the area; he explained that CDOT will be posting "No Parking" and "Tow Away Zone" signs and will tow vehicles that are in violation. Some discussion ensued regarding increased shuttle services for campers, and the feasibility of building a bridge across the river for additional parking. Mr. Jones asked when CDOT would begin enforcing the no parking and tow away zones because he wanted to opportunity to publish this information to his patrons before it took effect. Mr. Hass stated that the signs and enforcement would be in place prior to the Mishawaka event scheduled for August 5, 2004.

6. REQUEST FOR FUNDING OF RED FEATHER AREA PLAN: Ms. Bennett explained that the Planning Department allocated $50,000 to assist the Engineering Department with aerial photography of the Big Thompson canyon as part of a flood plain mapping project. However, consultants determined that performing hydraulic work in the canyon was not cost effective; therefore the scale of the flood plain project has been reduced and no longer includes the canyon area. Ms. Bennett noted that the citizens of Red Feather have asked for county assistance in creating an area plan for land use and road issues in their area. Ms. Bennett requested that the $50,000 previously earmarked for aerial photography be reallocated to fund the Red Feather Lakes Area Plan.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve authorization to begin a planning process for the Red Feather Lakes Area and to redirect $50,000 previously allocated for aerial photography and flood plain mapping in the Big Thompson canyon to the Red Feather Lakes Area Plan project.

Motion carried 2-0.

7. DISCUSSION OF COLORADO STATE UNIVERSITY (CSU) ADDING AN OPTIONAL PREMISES TO THEIR HOTEL & RESTAURANT LIQUOR LICENSE AT THE STADIUM: Ms. Cookman noted that Sodexho Management, Inc. holds the liquor licenses for the Rams Horn & CSU. She explained that there are currently 2 liquor licenses at the stadium; one Hotel & Restaurant (H&R) license which allows them to serve wine, spirits and beer in their press tower and VIP lounges, and one 3.2% beer license, which allows them to serve 3.2% beer in the concession stands. Ms. Cookman noted that Sodexho Management, Inc. has submitted paperwork to create an Optional Premises on the H&R license so they can sell micro-brews and wine in the concession stands as well; however, the applicant does not want to offer spirits in the concession stands and they are willing to sign a stipulation to this effect. Ms. Cookman stated that the Board has the authority to grant the addition of the Optional Premises license without a hearing, or they could hold a public hearing and give the community opportunity to comment on this issue. The Board decided it was best to allow community input on this issue and directed Ms. Cookman to schedule a public hearing for the applicant.

8. WORKSESSION: Mr. Lancaster noted that the Board had previously directed him to see if it were possible to tie liquor store "tastings" to the special events permit process. (A new law recently enacted allows retail liquor stores to host "tastings" of alcoholic beverages on their licensed premises.) Mr. Lancaster stated that after discussing this with the County Attorney and Planning, they recommended not linking it with special events since the special events process was created to address land use issues, and alcoholic beverage tastings do not fall within the land use realm. Mr. Lancaster explained that the County Attorney is working on a separate ordinance to address this issue and will present it to the Board for review in the near future.

Mr. Lancaster then presented the Board with his quarterly internal monitoring report.

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

10. LEGAL MATTERS: Ms. Haag noted that it was necessary for the Board to appoint a replacement member for the Glacier View Management Committee; she stated that the nominees for this position were Gary Weixelman and Lucille Schmidt.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners appoint Lucille Schmidt to the Glacier View Management Committee.

Motion carried 2-0.

The meeting adjourned at 11:00 a.m., with no further action taken.

___________________________________

GLENN GIBSON, CHAIR PRO TEM

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

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Gael M. Cookman, Deputy County Clerk