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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, September 6, 2004

Larimer County Offices were closed this date in observance of Labor Day.

TUESDAY, SEPTEMBER 7, 2004

ADMINISTRATIVE MATTERS

(No Audio Available)

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Donna Hart, Deni La Rue and Melinda Keen, Commissioners' Office; Gael Cookman, Clerk and Recorder's Office; K-Lynn Cameron, Parks and Open Lands; Al Kadera, Planning Department; Jeannine Haag, Assistant County Attorney; and Jean M. O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Mr. Brian Schum requested the Board put the Zoning Enforcement policy in writing.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 30, 2004:

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of August 30, 2004 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 13, 2004: Ms. Hart reviewed the schedule with the Board.

4. CONSENT AGENDA

MOTION

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

09072004A001 CONSTRUCTION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FLATIRON CONSTRUCTION (Project #5006)

09072004A002 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF LOVELAND FOR ELECTION SERVICES

09072004A003 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LOVELAND RURAL FIRE PROTECTION DISTRICT FOR ELECTION SERVICES

09072004A004 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE ESTES VALLEY PUBLIC LIBRARY DISTRICT FOR ELECTION SERVICES

09072004A005 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE ST. VRAIN SCHOOL DISTRICT FOR ELECTION SERVICES

09072004A006 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE ESTES PARK FIRE PROTECTION DISTRICT FOR ELECTION SERVICES

09072004A007 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CENTEX HOMES FOR PUBLIC IMPROVEMENTS TO COUNTY ROAD 16H AS PART OF THE BLACKBIRD KNOLLS SECOND SUBDIVISION

09072004A008 CONVEYANCE OF PERMANENT SLOPE EASEMENT GRANTED TO LARIMER COUNTY BY THE JACKSON DITCH COMPANY

09072004D001 DEED OF DEDICATION OF PROPERTY BY GIRL SCOUTS- MILE HIGH COUNCIL FOR USE AS A PUBLIC HIGHWAY

09072004R001 FINDINGS AND RESOLUTION APPROVING THE PEARL CREEK ESTATES II PRELIMINARY RURAL LAND PLAN EXTENSION OF TIME

09072004R002 FINDINGS AND RESOLUTION APPROVING THE EASEMENT VACATION IN MEADOWDALE HILLS SUBDIVISION 2ND FILING, LOT 64

09072004R003 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN CONTINENTAL NORTH SUBDIVISION 1ST FILING LOTS 1A AND 25

09072004R004 FINDINGS AND RESOLUTION APPROVING THE BENNETT CONSERVATION DEVELOPMENT

09072004R005 FINDINGS AND RESOLUTION APPROVING THE RANCHO COLORADO PLANNED LAND DIVISION PRELIMINARY PLAT, REZONING AND APPEAL

09072004R006 FINDINGS AND RESOLUTION APPROVING THE TWO LAKES SUBDIVISION PRELIMINARY PLAT

09072004R007 FINDINGS AND RESOLUTION APPROVING THE HOLBROOK CONSERVATION DEVELOPMENT

09072004R008 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF RAVENCREST BIBLE COLLEGE AND APPEAL OF SECTION 4.3.E.1 AND 8.1.5.A OF THE LAND USE CODE

09072004R009 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOT 6 IN RAINBOW LAKES ESTATES CONSERVATION DEVELOPMENT

MISCELLANEOUS: Larimer Terminals Subdivision Amended Plat and Dedication of Right-of-Way required as part of the Magic Sky Ranch Special Review.

LIQUOR LICENSES: The following licenses were both approved and issued Mexican Inn- Hotel and Restaurant- Loveland, CO and Charco Broiler- Hotel and Restaurant- Fort Collins, CO.

Motion carried 3 - 0.

Chair Rennels stated that the resolution recognizing the Waverly Community has been removed from the agenda.

5. REQUEST WAIVER OF SPECIAL EXEMPTION FEE FOR COLORADO STATE UNIVERSITY RAM SIGN: Mr. Tim O'Hara, coordinator of a volunteer effort to promote Fort Collins as a CSU Sports Town, requested the Board waive the fees pertaining to the special exception to place a sign on the east side of I-25 south of Harmony Road. The sign, Mr. O'Hara continued would state "Welcome to Ram Country". Commissioner Gibson asked what the fee is and Mr. Kadera stated the fee is approximately $800, however actual out of pocket expenses to the Planning Department is approximately $200. Chair Rennels stated that she is not in favor of waiving actual costs when budgets are so very tight and that the Planning Department should be reimbursed the actual out of pocket costs from Special Projects fund.

MOTION

Commissioner Bender moved that the Board of County Commissioners authorize the allocation of $200 from Commissioners' Special Projects Fund for the special exception for the off premises Ram sign to be located at I-25 and south of Harmony Road.

Motion carried 3 - 0.

6. WORK SESSION: Mr. Gluckman stated that in accordance with State Statute, a temporary liquor license must be issued within 5-days and that staff is requesting the Board delegate the signing of such permit to the County Manager. Ms. Cookman stated that the situation of a temporary permit only exists when there is a request for a transfer of ownership of an establishment. Chair Rennels asked how often such a request occurs and Ms. Cookman stated that it is rare, but by delegating the authority to sign to the County Manager, situations such as the Board being out of town at CCI, would allow staff to stay in compliance with the statute. Commissioner Bender stated that he prefers getting the Board together and Commissioner Gibson noted that he is not willing to support such a request. Chair Rennels stated that the Board has been able to do business from the road in the past via teleconference, and that she does not believe there is a need to delegate this authority to the County Manager.

7. PROPOSAL TO ASSESS PARK FEES AT OPEN SPACES THAT ARE MANAGED AS A PART OF HORSETOOTH MOUNTAIN PARK AND PINEWOOD RESERVOIR: Ms. Cameron stated that additional lands have been purchased and/or donated, which are adjacent to parks that are currently charged a fee for use. More specifically, Ms. Cameron continued the Ramsay/Shockey Open Space was donated to the County Open Lands Program and is managed as part of Pinewood Reservoir. Additionally, the Open Lands Program has acquired the Hughey, Culver and Soderberg Open Spaces adjacent to Horsetooth Mountain Park. Ms. Cameron requested approval to charge the same fee for Ramsay/Shockey; Hughey, Culver and Soderberg Open Spaces as those charged for Pinewood Reservoir and Horsetooth Mountain Park respectively. Ms. Cameron clarified that these properties are part of the
Park System and are adjacent to park lands; this is not a proposal to charge access fees to other purchased open space lands.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the same park permit schedule for Ramsay/Shockey, Hughey, Culver and Soderberg Open Spaces as is in place for Larimer County Parks.

Motion carried 3 - 0.

  1. WORK SESSION (cont.): Mr. Gluckman asked if the Board wanted to continue the gesture of allowing department United Way representatives an additional day off with pay. The Board agreed.

Mr. Gluckman requested the Board approve a findings and resolution for an amended plat in Red Feather Highlands.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve a resolution for the amended plat in Red Feather Highlands.

Motion carried 3 - 0.

09072004R010 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN RED FEATHER HIGHLANDS LOTS 3, 7, AND 8

9. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Ms. Keen requested approval of the following appointments to the Board of Adjustment and noted all terms commence on October 1, 2004: Eric Berglund- one-year expiring June 30, 2005; Kent Bruxvoort and Evelyn King- three-years expiring June 30, 2007.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the appointments to the Board of Adjustment as presented and outlined above.

Motion carried 3 - 0.

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

11. LEGAL MATTERS: Ms. Haag requested approval for the appointment of former Magistrate Judge Donald E Abrams, a member of the Legal Resolution Center, as a hearing officer to the Grievance Review Board for the Searle greivance hearing.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve Magistrate Judge Donald E. Abrams (former U.S. District Court Magistrate Judge) as the hearing officer for the Review Board for the Searle Grievance hearing. In the event Judge Abrams cannot serve due to scheduling conflicts, the Board approves any of the other judges from the Legal Resolution Center to serve as the hearing officer.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 10:05 a.m.

LAND USE HEARING

(#106)

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Lisa Dunn, Engineering Department; Matt Lafferty and Porter Ingrum, Planning Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

Chair Rennels stated that staff is requesting the first item, Young's Liquor Appeals be tabled to September 13, 2004 at 3:00 p.m.

MOTION

Commissioner Bender moved that the Board of County Commissioners table the Young's Liquor Appeal to September 13, 2004 at 3:00 p.m.

Motion carried 3 - 0.

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

2. AMENDED PLAT OF GRAY EXEMPTION PARCEL 2: NW 1/4, SECTION 11-5-70, LARIMER COUNTY, APPROXIMATELY 3/4 MILE NORTHWEST OF THE INTERSECTION OF HIGHWAY 34 AND NORTH COUNTY ROAD 29

This is a request to amend Parcel 2 of the Gray Exemption in order to add a portion of an adjacent parcel to this exempted lot. 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 March 7, 2005 or this approval shall be null and void; 2. Technical corrections to the plat, as requested by Larimer County, shall be made prior to its recordation; 3. The Bannion/Dalke BLA shall be recorded with as this amended plat.

3. AMENDED PLAT AND EASEMENT VACATION OF LOTS 114 & 116 PINEWOOD SPRINGS 5TH FILING AND A PORTION OF THE WEST HALF OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 71 WEST: W 1/2 OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 71 WEST OF THE 6TH PM, LARIMER COUNTY, COLORADO

This is a request to amend the plat of Lots 114 & 116 Pinewood Springs 5th Filing and a portion of the West half of Section 33, Township 4 North, Range 71 West. To reconfigure the lots and vacate those easements located along the common lot lines. 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 March 7, 2005 or this approval shall be null and void; 2. Technical corrections requested by Larimer County Engineering shall be made prior to recordation of the plat.

Ms. Bannion noted for the record, that the applicants for the Amended Plat of Gray Exemption Parcel 2 should be Lynnett Bannion and James Hayes.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as presented and with the noted correction to the applicants for the Gray Exemption.

Motion carried 3 - 0.

4. WHITE HOUSE AUTO SALES APPEAL: NW 1/4 OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 68 WEST; MORE SPECIFICALLY THE PROPERTY IS SITUATED ON THE SOUTH SIDE OF THE HIGHWAY 14 FRONTAGE ROAD APPROXIMATELY 1/8 MILE WEST OF GREENFIELD ROAD

This is a request for four appeals to the Land Use Code 1. SECTION 8.1.1 (Public Sewer Requirements) - to allow use of a septic system where public sewer is required; 2. SECTION 8.6.3.C.1 (Paved Parking Standards) - to allow for the parking and display of vehicles on a non-paved surface where paved surfacing is required; 3. SECTION 8.6.3.B.5.A (Parking lot Setbacks) - to allow a parking lot adjacent to the existing roadway where a setback for separation and landscaping is required, & 4. SECTION 8.5.4 and 8.5.6 (Parking Lot and Streetscape Landscaping) - to not be required to provide streetscape and parking lot landscaping where such landscaping is required. Staff finding is that based upon pre-existing conditions, location characteristics, and potential future changes adjacent to the property, the proposed appeals will not adversely affect the area of the neighboring properties. Staff recommendation is approval of the appeal to Section 8.1.1 with the following condition 1. The applicant shall be required to connect to a Public Sewer system if any changes occur to the current type and level of sewage disposal or use of this property and 2. Approval of the appeal to Section 8.6.3.C.1 as requested. 3. Staff also recommends approval of the appeal to Section 8.6.3.B.5.4 with the following condition 1. The applicant shall have the parking arrangement and access re-evaluated when and if the Highway 14 Frontage Road is redesigned or extended, or if a change of use or expansion of use occurs on the property. 4. Finally, staff recommends approval of the appeal to Sections 8.5.4 and 8.5.6 with the following condition 1. Any modifications, expansion or change of use for the subject property or adjacent Highway 14 Frontage Road will require a re-evaluation of the application of these standards.

Mr. Lafferty briefed the Board on the application and noted that staff is supporting the appeals. Commissioner Gibson asked why staff is deviating from the established landscaping requirements. Mr. Lafferty stated that the White House Auto Sales is a unique situation in that in accordance with the adopted East Mulberry Corridor Plan, the frontage road adjacent to this property is to be re-aligned sometime in the future. The reason staff agrees with the appeals is because it seems unfair to require landscaping and so forth if it is to be removed and replaced based upon the future re-alignment of the road.

Commissioner Gibson expressed concern with servicing vehicles on the turf and the contamination of the land. Mr. Owen, representative for the applicant, stated that the establishment does not service vehicles.

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

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the White House Auto Sales appeal to the Larimer County Land Use Code Section 8.1.1 (Public Sewer) allowing the use of an on-site septic system solely based upon the existing use of said system and subject to the following condition 1. The applicant shall be required to connect to a Public Sewer system if any changes occur to the current type and level of sewage disposal or use of this property.

Motion carried 3 - 0.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the White House Auto Sales appeal to the Larimer County Land Use Code Section 8.6.3.C.1 (Paved Parking) to allow a non-paved surface for the display and sales area of the use.

Motion carried 3 - 0.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the White House Auto Sales appeal to the Larimer County Land Use Code Section 8.6.3.B.5.a (Parking Lot Setback) to allow no separation of the parking area from the adjacent highway 14 Frontage Road subject to the following condition 1. The applicant shall have the parking arrangement and access re-evaluated when and if the Highway 14 Frontage Road is redesigned or extended, or if a change of use or expansion of use occurs on the property.

Motion carried 3 - 0.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the White House Auto Sales appeal to the Larimer County Land Use Code Section 8.5.4 and 8.5.6 (Street and Parking Lot Landscaping) by not requiring such landscaping to be installed subject to the following condition 1. Any modifications, expansion or change of use for the subject property or adjacent Highway 14 Frontage Road will require a re-evaluation of the application of these standards.

Motion carried 3 - 0.

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

_________________________________

KATHAY RENNELS, CHAIR

BOARD OF COUNTY COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

_________________________________

Jean M. O'Connor, Clerk to the Board

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.