MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, August 16, 2004

LAND USE HEARING

(#97 & 98)

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioner Gibson was present. Also present were Sean Wheeler and David Karan, Planning Department; David Shirk, Estes Valley Planning; Roxann Hayes, Engineering; Gael Cookman, Clerk and Recorder's Office; Kathy Snell, Human Services; Randy Ratliff, Larimer Center for Mental Health; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

Chair Rennels stated that the applicant for item #1, the Larson Appeal has requested it be tabled to September 20, 2004 at 3:00 p.m. in the Commissioners' Hearing Room.

MOTION

Commissioner Gibson moved that the Board of County Commissioners table the Larson Appeal to September 20, 2004 at 3:00 p.m. in the Commissioners' Hearing Room.

Motion carried 2 - 0.

Chair Rennels stated that the Board has some Administrative Matters to address prior to the Land Use Hearing.

Mr. Ratliff requested the Boards' support in opposing sections of a request for proposal issued by the State, which would negatively impact community mental health centers. Given current wording in the request for proposal, Mr. Ratliff believes only one provider, Kaiser Permanente, would be eligible to apply. If the Larimer Center for Mental Health were to successfully compete for the proposal, the Center would have to spend up to $500,000 in additional administrative expenses, which would negatively impact funds available for services.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve a letter in opposition to elements of request for proposal regarding mental health and authorize the Chair to sign.

Motion carried 2 - 0.

MOTION

Commissioner Gibson moved that the Board of County Commissioners recess and convene as the Board of Equalization.

Motion carried 2 - 0.

Ms. Cookman requested the Board approve the recommendation of the Board of Equalization referee for the Buehler petitions.

MOTION

Commissioner Gibson moved that the Board of Equalization approve the recommendation of the referee for the Buehler petitions heard on August 3, 2004.

Motion carried 2 - 0.

MOTION

Commissioner Gibson moved that the Board of Equalization adjourn and reconvene as the Board of County Commissioners.

Motion carried 2 - 0.

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

2. FISH CREEK ROAD RIGHT-OF-WAY VACATION: THE SITE IS LOCATED BETWEEN THE CHELEY CAMP ROAD AND THE BALDPATE INN, WITHIN THE UNINCORPORATED ESTES VALLEY (JUST PAST THE GATES BLOCKING THE ROAD)

This is an application for a right-of-way vacation to vacate the eastern 15-feet of Fish Creek Road, along a 210 foot stretch on the road that lies within the existing Cheley Camp. Staff finding are 1. This is a request by Cheley Camp to vacate a portion of Fish Creek Road right-of-way; 2. Vacation of the right-of-way would maintain the minimum width of 45-feet; 3. Vacation of the right-of-way would maintain enough right-of-way for the Homer Rouse Trail, which currently runs through the portion of right-of-way to remain; 4. Approval of this vacation request will not leave any land adjoining the right-of-way without an established public road or private access easement connecting the land with another established public road, or without utility or drainage services; 5. This request has been submitted to all applicable reviewing agency staff (including Larimer County Engineering, the Estes Valley Recreation and Park District, and the Colorado Department of Transportation) for consideration and comment, and none have objected; 6. The same property owner owns the property on both sides of the right-of-way; 7. Adjoining property owners have been notified. Staff recommendation is approval with the following condition 1. Lots 2A, 23, and 26 shall be combined through the "Amended Plats - Lot Consolidation of Contiguous Lots" process.

  1. DRIFTWOOD LANE RIGHT-OF-WAY VACATION: THE SITE IS LOCATED APPROXIMATELY 800 FEET SOUTH OF UPLANDS CIRCLE, ON THE WEST SIDE OF FISH CREEK ROAD, WITHIN THE UNINCORPORATED ESTES VALLEY

This is an application for a right-of-way vacation to vacate Driftwood Lane, and unimproved cul-de-sac dedicated with the plat of Carriage Hills 4th filing. Staff findings include 1. This is a request by Van Horn Engineering on behalf of Sol and Judith Bassow to vacate the entire Driftwood Lane right-of-way, which was platted in 1966 and has never been improved; 2. Approval of this vacation request will not leave any land adjoining the right-of-way without an established public road or private access easement connecting the land with another established public road, or without utility or drainage services; 3. This request has been submitted to all applicable reviewing agency staff for consideration and comment, and none have objected; 4. The same property owner owns all property surrounding the right-of-way requested to be vacated, and would take title to all of the property within the right-of-way; 5. Adjoining property owners have been notified. Staff recommendation is approval subject to the following condition 1. The vacated right-of-way shall be added to the existing conservation easement.

MOTION

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

Motion carried 2 - 0.

4. EHRLICH PLANNED LAND DIVISION PRELIMINARY PLAT, REPLAT AND REZONING OF EHRLICH M.R.D: NW 1/4 OF SECTION 29 TOWNSHIP 5N, RANGE 69W OF SIXTH PRINCIPLE MERIDIAN OFF COUNTY ROAD 18 ALONG SINGLETREE AND CHUCKWAGON DRIVES

This is a request to reconsider a condition of approval of the Preliminary Plat Review of Ehrlich Planned Land Division, Replat of Lot 1 of the Ehrlich M.R.D to require a "no-landscaping" easement to protect sub-drain system.

Mr. Karan briefed the Board on the application and stated that the applicant objects to any conditions that contain the word "easements" because no one has knowledge of where the drainage tiles are located to determine where an easement would go.

Mr. Ehrlich stated that he protests any condition containing reference to an easement and noted that he has provided several alternative conditions to staff but they were not accepted. Mr. Ehrlich stated that his concern with the word "easement" and trespassing on his property. Mr. Ehrlich stated that he has tried to get the developer of Prairie Trails Subdivision and/or the Prairie Trails HOA to survey the property and locate the drainage systems, but to no avail. Mr. Ehrlich stated that he is not willing to pay for something the County should have required before final approval of Prairie Trails Subdivision.

Chair Rennels asked how the ground above the drainage tiles would be protected from landscaping if there is no easement and Mr. Ehrlich replied that if the County wanted easements, they should have pursued them at the time the property was subdivided. Mr. Ehrlich further stated that there are no engineered drawings for the location of the drainage systems and that he would not commit to an easement without knowing potential damages/ liabilities.

Chair Rennels stated that the Board could table this item if the applicant wanted to pursue a civil suit against the developer and/or HOA. Chair Rennels asked if the wording proposed by staff to allow maintenance and repairs to the drainage system was acceptable and Mr. Ehrilch replied that it is not because it contains the word "easement".

Much discussion ensued regarding how/where to place an easement if one doesn't know where the drainage system is located and where potential liabilities lie.

Chair Rennels asked Mr. Ehrlich if he had considered hiring a locator service and he stated that he would not because it should have been a requirement with the Prairie Trails Subdivision and he should not have to bear that cost.

Ms. Hayes stated that engineering staff could assist, to a degree, in the location of the drainage systems based on the topography of the site, but that there is a chance 95% of the lot could be included in an easement and then the development would be back to square one.

Commissioner Gibson asked how much money it would take to get a locator and Mr. Ehrlich replied that it is not a matter of money, it is the principle of the matter.

Chair Rennels stated concern for the liability to the applicant if he does not locate the drainage systems and sells the lots, builds a house and then there is a problem with the systems. Chair Rennels further noted that the topic of the drainage systems has been memorialized due to this hearing, and therefore the liability lies with the applicant.

Chair Rennels noted that there is no public present to comment on this item.

MOTION

Prior to submittal of a Final Plat application, applicant shall locate all subsurface utilities and drainage structures on the property and shall designate the location of these utilities and structures on the Final Plat. No digging or planting of shrubs and trees will be allowed on or within ten feet of these utilities and drainage structures. Owners and occupants of the property shall allow access onto the property to Prairie Trails P.U.D. Homeowners Association, its successors and assigns, and property owners whose properties use and/or benefit from the utilities and drainage structures in order to repair and maintain these facilities. Provisions for such access will be included in a plat note, the Development Agreement and the Disclosure Notice.

Motion carried 2 - 0.

There being no further business, the hearing recessed at 4:40 p.m.

LAND USE HEARING

(#98 & 99)

The Board of County Commissioners reconvened at 6:30 p.m. with Jim Reidhead, Rural Land Use Center Director; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Rob Helmick and David Karan, Planning Department; Doug Ryan, Health Department; Charlie Gindler, Open Lands; Christie Coleman and Roxann Hayes, Engineering Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

PUBLIC COMMENT: Ms. Cheryl Carson expressed concern with the way the City of Fort Collins has been able to annex parts of the County at will and asked if the County sells land to the City. Chair Rennels stated that the County has no say if the City decides to annex and that the County does not sell land to the City. Ms. Carson asked who owns Coyote Ridge and Mr. Gindler stated that the City owns the land but the County manages it. Mr. Gindler further noted the ownership of adjacent open lands. Ms. Carson requested additional information and Chair Rennels stated that Ms. Cameron would follow up with her.

Mr. Al Bacilli, inquired as to the ownership of land at the corner of Triby and Shields with the horses and Chair Rennels replied the City of Fort Collins

  1. WENNINGER PRELIMINARY RURAL LAND PLAN: A PORTION OF THE EAST 1/2 OF SECTION 8 AND THE NE 1/4 OF SECTION 17, TOWNSHIP 5 NORTH, RANGE 69 WEST, GENERALLY LOCATED 1 MILE WEST OF WILSON AVENUE IN THE CITY OF LOVELAND, WITH FRONTAGE ON THE NORTH SIDE OF US HIGHWAY 34 AND IMMEDIATELY WEST OF THE NAMAQUA HILLS SUBDIVISION

This is a request for preliminary approval to divide approximately 105 +/- acres into six (6) single-family residential lots, located on about 18.5 acres, and up to two (2) Residual Lots (private open space), on about 86.5 +/- acres. The Residual Lots will remain as ag grazing land and will be protected from further development in perpetuity by a conservation easement or covenant, as required under the RLUP. Staff findings included 1. This proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code; 2. Support for the Wenninger Preliminary Rural Land Plan is based on the following: a). Applicant's planning and design rationale for the project, which is consistent with the RLUP; b) Conservation values of the residual land, including preservation of open space and wildlife habitat. a) The plan is generally compatible with the existing neighboring land uses; 3. Support for this proposed plan takes into consideration the various other land development and design options, particularly the 35-acre alternative, for which there is no County review. The greater number of residential units possible under the zoning and the general development pressure within the immediate area for use-by-right 35-acre division of land supports our belief that this is an appropriate project; 4. As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County. Those benefits are summarized below: a). Perpetual protection of open space; b) Transportation capital expansion fees received from the project; c) School and park fees received from the project; d) Fewer residences than likely allowed through subdivision process e) Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels. Staff recommendation is approval subject to the following conditions 1. All roads constructed within the Rural Land Plan shall be in accordance with duly adopted Rural Land Use Process road standards in effect at the time construction is commenced. Design shall be prepared and stamped by a qualified professional engineer licensed in the State of Colorado. Internal roads may be contained in a private access and utility easement. Due to the long length of dead end road needed to reach this project, a gated emergency access to the north end of the property shall be provided for this development. Road names and addressing shall meet standards in Section 5.11 of the Larimer County Land Use Code; 2. A Lot Sale Prohibition shall be placed on this property preventing the sale of any new lots until the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements. The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed. The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots. Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for the particular lot(s) for which the improvements have been completed. In addition to any other legal or equitable remedies, County may withhold building permits or certificates of occupancy if improvements are supplied to the lot by a source other than that stated in the designation; 3. A detailed site plan, including information about the placement of the house pad, driveway, water lines, and septic system location, supported by soil testing, must be reviewed and approve by the Larimer County Health Department for this development prior to final approval; 4. Public water shall be provided for this project. A letter of commitment from the City of Loveland must be provided prior to final plat approval. This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the District. If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code. Any extension of a public water system that is owned and operated by the City, into properties within Larimer County, must first have approval by City Council. Moreover, any public water system that will be owned and operated (including any water system, which may have the potential to become owned and operated by the City) shall be in conformance with the City's Water/Wastewater Master Plan and current Development Standards; 5. Prior to issuance of a building permit, the developer shall complete design and installation of a suitably sized public water distribution system and shall also enter into a Water Service Agreement with the City of Loveland; 6. Any off-site easements or rights-of-way necessary to accommodate the above mentioned public water distribution system shall be obtained or acquired at no cost to the City of Loveland; 7. All plans and agreements pertaining to the City of Loveland's domestic water shall be pursuant to the City of Loveland's current Development Standards, Municipal Code and other applicable Ordinances; 8. At a minimum, public improvement construction plans shall be submitted for review and approval to the City of Loveland, Water and Power Department, 8 weeks prior to beginning construction of the public water distribution system; 9. Building envelopes are required for each lot and all building envelopes shall be located outside of any floodplain and drainage areas; 10. In order to protect the soil resource and ensure water quality requirements, Developer shall construct erosion control facilities at the commencement of construction. The construction and establishment of acceptable erosion control facilities shall be assured and installed by Developer. If more than 1 acre will be disturbed, a water quality permit will need to be obtained from the Colorado Department of Public Health and Environment; 11. A Use Plan must be reviewed and approved by the RLUC Director prior to final plat approval. The Use Plan shall contain a wildfire hazard mitigation plan, including a maintenance schedule for the management of grass and other fuels. The County Wildfire Safety Specialist or qualified rangeland expert/specialist shall also approve this plan prior to final project approval; 12. No cross fencing or structures should be allowed in the rear (west side) of Lots 1-4. Lot areas outside of the building envelope and/or irrigated areas should maintain existing landscaping and new additional or replacement landscaping should be native foothills plants; 13. Automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district; 14. The residual land protective covenant and management plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval; 15. Restrictive covenants, if any, including provisions for architectural standards/guidelines and their implementation plans that will be incorporated into the homeowners' association covenants, and including internal road maintenance, must be reviewed and approved by the Rural Land Use Center Director prior to final plat approval; 16. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 17. The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase: a) LOT SALE PROHIBITION. Developers will execute a Lot Sale Prohibition Agreement which stipulates that Lots 1-6 and/or Residual Lots A-J cannot be sold, transferred or conveyed unless and until Developers provide to County a written designation stating that all the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements. The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed. The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots. Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for particular lot(s) for which the improvements have been completed... In addition to any other legal or equitable remedies, County may withhold building permits or certificates of occupancy if improvements are supplied to the lot by a source other than that stated in the designation; b) Septic systems for all 6 residential lots must be designed by a qualified engineer licensed in the State of Colorado and their design must be reviewed and approved by the Larimer County Health Department before issuance of building permits; c) Implementation of the forest management/use plan must be completed within the building envelopes and internal access road easements prior to the issuance of any building permits; d) No cross fencing or structures should be allowed in the rear (west side) of Lots 1-4. Lot areas outside of the building envelope and/or irrigated areas should maintain existing landscaping and new additional or replacement landscaping should be native foothills plants; e) The construction of any single-family residence in this development will require the installation of residential fire sprinklers if fire hydrants and/or a public water supply are not present to provide fire protection unless written permission for variance from this requirement from the fire district is received; f) Passive radon mitigation measures shall be included in construction of structures designed or habitable space on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; g) Some or all lots in this development include building envelopes. All structures must be located within these Larimer County approved building envelopes, as shown on the approved subdivision plat. If a structure is within 5' of the building envelope, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope prior to the approval of the footing and foundation inspection. This shall be accomplished by a written certification by a Colorado Licensed Surveyor; h) Engineered footings and foundations may be required for new habitable construction. Please check with the Larimer County Building Department for requirements prior to submitting a building permit application; i) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes). The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise; j) Many other species of wildlife live in the area; some can be dangerous to humans and pets. It must be remembered that landowners will be living with wildlife. Species that may be found in the area are coyotes, mountain lions, bobcats, skunks, badgers, raccoons, deer, elk, hawks, owls and eagles; k) During certain times of the year mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations; l) Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats; m) Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur. In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime; n) If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture. Overgrazing will produce bare ground, weeds, erosion and polluted runoff. Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding; o) Larimer County has adopted a Right to Farm Resolution; p) 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, Larimer County Park Fees (in lieu of dedication), Drainage Fees and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply; q) Larimer County shall not maintain roads or streets in this development. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain streets may result in a lien being placed on these lots; r) At time of real estate closing, owner shall provide purchasers of residential lots and residual lands with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County; s) The owners of the residual land parcel shall be responsible for providing a periodic monitoring report for the residual land to Larimer County Rural Land Use Center; t) Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement. The Developer and Larimer County executed this agreement in consideration of the approval of this Development. This Agreement was recorded in the Larimer County Clerk and Recorder's office immediately after this plat. All purchasers should obtain and read the Development Agreement; 18. The residual land will be attached by a covenant to the adjacent parcel to the east, which is owned by the Wenniger Declaration Trust, Fred Wenniger Trustee and Eunice Elizabeth Wenniger, Trustee. (This parcel is not included in the RLUP.) In lieu thereof, the residual land may be attached by a covenant to one of the residential lots with responsibility for maintenance assigned to the homeowners' association. The covenant will be drafted by the applicant's attorney and must be approved by the County Attorney.

Mr. Reidhead briefed the Board on the application and stated that two concerns were raised at the neighborhood meeting, 1. Additional traffic on Morning Drive in the Namaqua subdivision; and 2. Access from Morning Drive and Crown Drive is currently unimproved. Mr. Reidhead stated that the roads are publicly dedicated and that negotiations are on going regarding improvements. Mr. Reidhead noted that the emergency secondary access would be gated.

Commissioner Gibson asked if a monitoring report really had to be provided annually and Mr. Reidhead stated that "annual" was a mistake and should read "periodically".

Mr. Lynn Hammon, representative for the applicant stated that they have no objection to speaking with the Louden Ditch company, but that the comments and agreement presented to his clients have no bearing on this proposal since the home sites are so far away from the ditch. With respect to condition #3 regarding soils, Mr. Hammon continued a licensed engineer should be sufficient therefore review and approval by the Health Department is not necessary. Mr. Hammon also noted that a trail easement at the southern portion of the site could be considered but does not want it to be required.

At this time the hearing was opened for public comment and Mr. Fred Wenninger noted that Mr. Reidhead has done an extraordinary job working with all the property owners in the valley over the years and that he is a remarkable asset to Larimer County.

Mr. Michael Spain asked where the coffee shop is located in relation to the road proposed at the site. Mr. Reidhead clarified that there would not be a road, however the applicant and open lands could decide to negotiate for a trail easement in order to connect the Loveland trail system with the County trail system.

Ms. Joan Stewart asked what the intention is for the 48-acre parcel that is not included in the application and Mr. Hammon stated that there are no current plans. Ms. Stewart asked if construction traffic would be using Morning Drive and Mr. Reidhead replied in the affirmative.

There being no further public comment, the hearing was closed. Chair Rennels noted that the orphan lot (residual lot) is not an issue so long as Mr. Wenninger owns it, but if it is sold no conditions exist. Mr. Reidhead stated that there are 3-options for the residual lot 1. There be a homesite on it and attach it to this application; 2. Have it become a common element of the homeowner's association; and 3. Leave as proposed with no homesite on the residential lot.

Mr. Hammond suggested that perhaps the residual lot could be attached to the 48-acres with a covenant as being retained and Ms. Haag noted that could happen.

Mr. Hammond suggested a condition that the residual land be attached to the remaining land owned by the Wenninger Declaration Trust, Fred Wenninger Trustee and Eunice Elizabeth Wenninger, Trustee in a manner approved by the County Attorney or in lieu thereof to be attached to the homeowners association with the responsibility to maintain it. Mr. Hammon stated that the final wording would be worked out between he and the County Attorney.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Wenninger RLP as presented, amended and outlined above.

Motion carried 3 - 0.

2. WHITMAN DEVELOPMENT REZONING: S. W. 1/2 OF SECTION 12, TOWNSHIP 6, NORTH, RANGE 69 WEST ONE BLOCK EAST OF U.S. HIGHWAY 287 ON THE SOUTH SIDE OF SKYWAY DRIVE

This is a request to rezone to Planned Development (PD) to allow limited commercial uses. Mr. Karan briefed the Board on this application and stated that staff can not support the rezoning to Planned Development as proposed. The revisions, while positive, do not adequately address the central issues: presence of incompatible uses (intensity) and conflicts with nearby residential activity and the number of buildings to be allowed. Staff does support the rezoning, which would be limited to legitimizing existing uses while reducing impacts to the neighborhood. Concerns for the facility in its' current state is the outdoor storage including RVs and the outdoor sales of renovated equipment including lawnmowers and golf carts.

Mr. Karan stated that the applicant is proposing a right-of-way (ROW) for a backage road as called for with the Fort Collins transportation plan as well as a ROW along Skyway for future expansion if necessary. Mr. Karan stated the applicant needs some upgrades to meet the requirements of Section 8 of the Land Use Code, but it is not an obstacle. Due to increased use and the proposed intensity, staff can not support the application, and the fact that it does not fit with the future anticipated City of Fort Collins zoning is also of concern.

Mr. Rick Zier, representative for the applicant stated that his client has done everything requested of County staff as well as City of Fort Collins' staff and after several years of "jumping through hoops", he is finally able to submit a request to rezone and plan for the future of his property.

Mr. Randy Whitman, the applicant provided several years of history for the site and stated that the RV storage is to supplement income in the off season of small engine repairs. Mr. Whitman stated that Jim Sell Design had drawn up a plan for his property in 1996, which was approved by County staff.

Mr. Zier stated that Mr. Whitman spoke with County staff prior to purchasing his property and told them of the concept he had in mind and again, County staff accepted the concept. Mr. Zier stated that he believes there is a stigmatism associated with this property because of a zoning violation. Because of that violation, County staff suggested Mr. Whitman submit application to have his zoning changes from FA- Farming to PD- Planned Development. The first step, Mr. Zier continued was to ask the City of Fort Collins to annex the property. After 18-months, the City finally provided a letter stating that they were not interested in annexing the property at this time. Mr. Whitman not only is requesting the rezoning, but also approval of a plan for the future of the property with transitional uses as allowed in the PD zoning district. Mr. Zier stated that the staff presentation was one sided and only addressed the zoning violation and that pertinent information from the City was left out. Mr. Zier reiterated that his client has done everything requested by staff from both the City of Fort Collins and Larimer County.

Mr. Marv Morganti presented the Board with a packet of pictures taken from several locations looking at the property and from the property. County staff requested Mr. Whitman select uses for the property allowed under the PD zoning showing the transition from residential to the more intense commercial use away from residential. The plan was submitted to staff, Mr. Morganti continued and after receiving comments from staff and a neighborhood meeting, the applicant moved forward and presented the plan to the Board today, which is slightly different based on those comments. Mr. Morganti stated that the proposed square footage of the buildings is the same as if it were developed into 20 - 25 residents.

Mr. Zier stated that the staff report does not address how the applicant has addressed the reasonable requests of the neighbors, the fact that the zoning violation has been satisfied and allows the home occupation to remain.

At this time the hearing was opened for public comment and Mr. John Coxen asked the Board to exercise some common sense and that he believes that the proposal is a reasonable compromise. Mr. Coxen stated that the Board needs to do the right thing and that this is one of those times.

Mr. Fred Werner stated that he was under the impression that this hearing was to consider the rezoning request and is surprised that staff only addressed the zoning violation. Mr. Werner stated that the Board needs to get away from the City annexation issues and make a decision regarding the rezoning and nothing else. The outside storage issue, Mr. Werner continued is more of a problem in the adjacent cul-de-sac and not on this property.

Mr. Gordan Wethly stated that the family is admirable and an asset to the neighborhood and approval of the rezoning would be an enhancement.

Mr. Brian Schum stated the area is planned for urban estate and that the City purchased much of the surrounding area as open space due to wetlands and other constraints so no roads are proposed. New homes being developed, Mr. Schum continued are upscale and in the $250,000 to $300,00 price ranges, which is not compatible with the adjacent Whitman property. Mr. Schum further noted that even if the Board denies the application, they still must address the zoning violation. However, if it is approved, Mr. Schum requests the Board gives the proposal back to staff and the Planning Commission for public comment.

Ms. Wendy Studinsky stated that three sides of the Whitman property are surrounded by residential properties and the chain link fence with barbed wire is not compatible with the neighborhood. Ms. Studinsky stated that those who support the application do not live in the area and the history of the property is a slap to County requirements and the Land Use Code. There are impacts to the neighborhood while the property owner stands to benefit greatly. Ms. Studinsky requested the Board consider the staff recommendation for denial and honor their years of effort.

Ms. Cheryl Carson stated that residents do not surround the Whitman property on three sides and that Mr. Schum developed his property with the knowledge that the Whitman business existed. Ms. Carson asked if the Board would really put a business out just because some developer wants to purchase land for development at the expense of a small business.

Ms. Anne McSay requested explanation for the location of the wetlands.

Ms. Ruby Yadel stated that she has no objections to the proposal and that it is better than a prairie dog field.

Mr. Ed Robinson stated that a family in-home business is the heart and sole of this country and they take better care of the property than a big corporation. Mr. Robinson requested the Board look at the entire area for compatibility, but if they choose not to consider the entire area, then all zoning violations should be pursued including the Humane Society.

Mr. Gary Young stated that the City of Fort Collins is much like the 1950's movie "The Blob" in that they gobble everything up leaving the County and the Board to clean things up.

Mr. Werner noted that he has been a contractor for 45-years and a property owner in Larimer County and the current business is better than a hog farm, which the Whitman's have the right to do under FA- Farming.

At this time the hearing was closed to the public and Mr. Zier stated that regardless of the value of ones home, a property owner still has the right to uses allowed under zoning, which is the purpose of this hearing. Mr. Zier stated that he has proceeded through the processes for the past 3-years and tonight is the first opportunity to address the Board with the re-zoning process and present a plan for uses as previously directed by County staff.

Mr. Zier stated that the applicant promises to continue through the County process and follow up with a Site Plan review in phases as oppose to just putting a band-aid on the violation.

Mr. Helmick clarified that because the property is located in the Growth Management Area (GMA), the applicant was required to pursue an annexation agreement through the City of Fort Collins. Mr. Helmick further noted that the applicant was approved for a home occupation but not to the extent seen today. Mr. Helmick stated for the record that staff, the Board and the County Attorney toured the site and are aware of the conditions.

Mr. Karan stated that staff did not focus so much on the violation issue but what uses should be allowed that are compatible with the surrounding area.

Commissioner Gibson asked if everything proposed is allowed under the PD zoning. Mr. Helmick explained that PD zoning is very flexible and noted some uses that could occur and some that could not.

Chair Rennels asked what would happen if the Board approved the re-zoning and the property transitioned into the City. Mr. Helmick stated that he believed the City would have to accept the Board's decision.

Commissioner Bender stated that the application before the Board is for rezoning and prefers to protect the home occupation and approve the PD zoning, but not consider the site plan at this time. Commissioner Gibson concurred.

Chair Rennels stated that transitional areas are difficult and residential values should not be considered. Chair Rennels reiterated that the zoning violation has existed for such a long time because the County policy is to not pursue a violation that is in the process of application to be considered before the Board; further noting that it took the City of Fort Collins 18-months to reply to Mr. Whitman.

Chair Rennels stated that she could support the rezone with some strong suggestions, replace the fence, no outside storage of large vehicles, follow the Land Use Code requirements for landscaping and fencing, and focus uses on the word "transitional".

Much discussion ensued regarding direction to staff for consideration of multiple uses vs. single use at the Whitman site.

Consensus of the Board is to not take action regarding the rezoning at this hearing and requested permission from the applicant to table the item to October 11th to allow the applicant to work with staff on uses. Mr. Zier accepted on behalf of the applicant to table the item.

MOTION

Commissioner Bender moved that the Board of County Commissioners table the Whitman Rezone to October 11, 2004 at 6:30 p.m.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 10:45 p.m.

TUESDAY, AUGUST 27, 2004

There were no Administrative Matters this date, however the Board did receive Public Comment.

(#100)

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager; Chair Rennels presided and Commissioner Gibson was present. Also present was Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Mr. Ed Bowles, Director of the Estes Park Public Library informed the Board that there has been a significant user increase at the library. In an effort to keep up with increased service to the public, Mr. Bowles continued the November ballot would contain an issue to raise the mill levy to 3.8% or 33%. Mr. Lancaster informed the Board that this item would appear on the published schedule for the Board's action.

Mr. Brian Schum expressed concern regarding enforcement, or lack thereof, on County Road 74E. Mr. Schum stated that he has received to speeding tickets, for which he deserved, however the inconsistencies in enforecement are frustrating and dangerous.

Mr. Engemoen stated that a speed study is scheduled for the future and that currently it is believed the road is signed correctly. Mr. Engemoen further noted that no matter the posted speed limit, the general public is inclined to go 5 - 10 miles per hour over.

Mr. Schum stated that the Board's policy regarding enforcement of zoning violations is unfair. Chair Rennels stated that since the Board did not take action on the violation being refereed to, they could not discuss that issue.

There being no further comments, public comment ended at 9:40 a.m.

THURSDAY, AUGUST 19, 2004

PETITION FOR ABATEMENT HEARING

for

Anthony and Sandra Guzzo

The Board of County Commissioners met with Jody Masters, Assessor's Office; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Brooke Walser, Assessor's Office and Jean O'Connor, Clerk to the Board.

Ms. Masters briefed the Board on the petition and stated that staff had adjusted the property down to $140,400 from $163,000. Ms. Masters provided three different comps justifing the reduced assessment, however the applicant is requesting a reduction to $120,000.

Mr. Guzzo stated that he had no knowledge of the reduction and that it seems reasonable. However, Mr. Guzzo questioned how staff calculated 644-sq. ft. as opposed to his calculation of 500-sq. ft. Ms. Masters stated the loft is the additional 144-sq. ft. comes from the loft. Mr. Guzzo provided picture of the cabin and stated that the loft should not be calculated because it is in such disrepair.

Chair Rennels stated that the cabin could not be considered a "hard tent" and noted that the loft could be fixed up and should be considered because it is a good selling point.

Commissioner Bender stated that the reduction to $140,000 seemed reasonable and Chair Rennels concurred.

MOTION

Commissioner Bender moved that the Board of County Commissioners deny the petition for abatement from Anthony V and Sandra E Guzzo as recommended by the County Assessor.

Motion carried 3 - 0.

Chair Rennels requested that the Board approve the consent agenda for August 19, 2004.

MOTION

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

08192004A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATED OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS/OFFICE OF WORKFORCE DEVELOPMENT AND THE COLORADO WORKFORCE DEVELOPMENT COUNCIL AND THE LARIMER COUNTY WORKFORCE CENTER (Funding for staff to deliver services to customers with disabilities)

08192004A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LARIMER CENTER FOR MENTAL HEALTH THROUGH THE LARIMER COUNTY WORKFORCE CENTER (Funding to the Center for our TANF and WIA customers)

08192004A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PROJECT SELF-SUFFICIENCY THROUGH THE LARIMER COUNTY WORKFORCE CENTER (Povided funding for coordination of Car Donation Program to benefit clients)

08192004A004 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND IDEAL FENCING CORPORATION (Project #8054 for CR 38E)

08192004R001 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LAKE AREA SUBDIVISION THRID FILING AND LAKE AREA SUBDIVISION SECOND ADDITION AND VACATION OF PROTIONS OF RIGHT-OF-WAY

08192004R002 FINDINGS AND RESOLUTION APPROVING THE DANIEL-WARNER MINOR LAND DIVISION

08192004R003 FINDINGS AND RESOLUTION APPROVING GARDELS MINOR RESIDENTIAL DEVELOPMENT LOT 1 AMENDED PLAT

08192004R004 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN WEST HIAWATHA HEIGHTS BLOCK 9 LOTS 13 - 17

08192004R005 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOT 4 AND PART OF LOT 3 IN THE TOWN OF BELLVUE

08192004R006 RESOLUTION ESTABLISHING COMPENSATION FIR DISTRICT ATTORNEY RENEE DOAK

08192004R007 FINGDINGS AND RESOLUTION APPROVING THE MAXWELL MINOR RESIDENTIAL DEVELOPMENT TRACT A AND (For Renee Doak)

MISCELLANEOUS: The Department of Human Services payments for July 2004 and Personnel authorization request for Workforce Center.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 11:20 a.m.

_____________________________________

KATHAY RENNELS, CHIAR

CHAIR TO THE BOARD

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

(A T T E S T)

____________________________________

Jean M. O'Connor, Clerk to the Board