MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, October 11, 2004
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Gibson and Bender were present. Also present were: Doug Ryan, Health Department; Geniphyr Ponce-Pore, Sean Wheeler, and Porter Ingram, Planning Department; Christie Coleman and Roxann Hayes, Engineering Department; Jim Reidhead, Rural Land Use Center; Claudia DeLude, Zoning Enforcement; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy County Clerk.
Chair Rennels opened the meeting with the Pledge of Allegiance and asked for public comment on the Larimer County Land Use Code and the County Budget. Nobody from the audience addressed the Board regarding these topics.
Chair Rennels noted that item #1 pertaining to the Snowy View Subdivision Lot 15 Amended Plat, file #04-S2341, has been tabled to November 1, 2004. Mr. Reidhead noted that the applicant for item #4, regarding the Heckendorf Rural Land Use Plan, file #04-S2298, has requested that this item be tabled to November 15, 2004 at 3:00 p.m., due to the fact that the applicant does not have the mineral notification completed as of yet.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners table the Heckendorf Rural Land Use Plan; file #04-S2298, to November 15, 2004, at 3:00 p.m.
Motion carried 3-0.
Chair Rennels stated that the following items are consent and would not be discussed unless requested by the Board, staff, or member of the audience:
2. HALL 2ND AMENDED EXEMPTION AMENDED PLAT/EASEMENT VACATION; #04-S2338: This is a request for an amended plat and easement vacation to reconfigure the boundary between Tract 2 of the Hall Amended Exemption (Hall) and Tract 1 of the of the Amendment of Tracts 1 and 2 of the Hall Exemption (Obermeyer). The Obermeyer’s also own an adjacent metes and bounds parcel. The two Obermeyer parcels are currently separated by a 40 foot narrow strip of land that is fenced off as part of the Hall parcel. The Obermeyers currently have to travel on County Road 74 to go between their two parcels. The property owners have agreed to this Amended Plat to relocate that 40’ strip. In addition, the Amended Plat will create an outlot which will be combined with the adjacent Obermeyer property. The Amended Plat will not create additional parcels once the outlot is combined with the Obermeyer property as proposed with a concurrent Add-On-Agreement. Staff finds that the request meets the requirements of the Larimer County Land Use Code and therefore recommends the Board of County Commissioners approve the proposed Amendment to Tract 2 of the Hall Amended Exemption and Tract 1 of the of the Amendment of Tracts 1 and 2 of the Hall Exemption Amended Plat and Easement Vacation, subject to the following conditions and authorization for the Chairman to sign the plat when conditions are met and the plat is presented for signature: 1. Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department in his letter dated September 10, 2004. 2. The Final Plat shall recorded in coordination with the final documents for the Obermeyer Add-On Agreement file # 04-S2339. 3. All conditions shall be met and the Final Plat recorded by April 11, 2005 or this approval shall be null and void.
3. ARAPAHOE PINES CONDOMINIUM SUPPLEMENT 1, LOT 1 EASEMENT VACATION; #04-S2336: This is a request to vacate a portion of a 10-foot wide utility easement located along the side property line of the subject lot. The applicant wishes to construct a carport that will encroach into this easement unless a portion of the easement is vacated. Staff recommends approval of the Easement Vacation for Arapahoe Pines Condominium Supplement No. 1 Lot No. 1 (# 04-S2336), a request to vacate a portion of the utility easement located along the side yard of the subject lot.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as outlined above.
Motion carried 3-0.
5. CRYSTAL LANDSCAPE ZONING VIOLATION; #02-ZV0125: This is a violation regarding a landscape supply company which is located on N. Garfield (Hwy 287), between Loveland and Fort Collins. Originally, the property owner legally operated his business from the lot to the north of this one. He then bought this lot with the intention of relocating his business to this parcel. This case was initiated when, in 2002, the owner inquired with Larimer County as to whether or not he could bring a modular office onto the new parcel. After discussing the situation with Matt Lafferty, Planner II, his request was conditionally approved with the following conditions:
1) A building permit was to be obtained for the structure/placement of the modular office building. Permit number 02-B0165 was issued, but was only valid for one year, from March 15, 2002 to and including March 14, 2003, pursuant to an agreement between the owner and the fire department. The City of Loveland Fire Prevention Bureau placed the following condition on the permit: “If the trailer being placed on the site through this building permit is not removed within 1 year and a hydrant has not been added, a hydrant will have to be added at that time, at a location approved by the Fire Prevention Bureau;” This condition has not been met.
2) There is also an existing single family residence on the parcel. This structure was not to be occupied as a dwelling. It is only permitted to be used as an accessory structure to the business. It now appears to be occupied as a dwelling.
3) Pursuant to Section 6.0 of the Larimer County Land Use Code, a site plan review process must be completed by the property owner to ensure plans for the development of the property for the non-residential use of a landscaping business comply with all requirements of the Land Use Code; this condition has not been met.
4) The modular office was to remain temporary until its final location was determined in the Site Plan review process. It now appears to be a permanent structure as many improvements have been done around it (utilities & landscaping).
5) A building permit was to be obtained for the sign along Highway 287. This has not been done.
6) The business is now operating off of two parcels. The scale house remains on the original parcel with the landscaping materials on the southern parcel. The scale house was to be relocated from the northern lot to the new southern parcel and also included in the Site Plan Review process.
After these agreements had been made and the building permit was issued, staff observed that the owner had gone ahead and moved, not only a modular office onto the new parcel, but the whole business had been relocated. A new sign had been posted along Highway 287 and the commercial business was open to the public. No permit had been obtained for this new sign which was in violation of Section 8 in the Land Use Code.
This relocation included moving large quantities of landscaping materials and decorative rock. Approximately 90-95% of the items associated with this business are stored and displayed outside on this parcel. Outside storage is not a permitted use in this zoning district without County approval. Staff contacted the owner on many occasions between 2002 and 2004. Generally, someone from their office would come in to obtain information and return it to the owner. No follow up contact was made on any of these occasions. The owner states intentions of bringing the property into compliance, but, to date, has not done so. The owner did, however, apply for a variance to permit the new sign which exceeded the permitted square footage for a sign in this zoning district. This application was heard by the Board of Adjustment in November of 2002. The variance was to permit 2 signs, where only one is allowed, and to permit 120 square feet of signage rather than the 90 square feet, which is permitted in the C-Commercial zoning district. This variance was denied. Pursuant to the Board of Adjustment’s denial the owner did remove part of the sign to bring the square footage into compliance, but to date, no structural or electrical permits have been obtained.
Staff findings are as follows: 1. The property is zoned C-Commercial. 2. The C-Commercial zoning district does not permit commercial uses without Site Plan approval. 3. The building permit for the temporary modular office has expired. The conditions attached to this building permit by the fire department have not been met. 4. The continued use of the property, in violation of the Land Use Code regulations, may pose a risk to the citizens of Larimer County. 5. The continued use of the property, in violation of the zoning regulations, may affect property values in the area.
Staff recommendation is for the Board to find that a violation exists, require compliance within 60 days, and authorize legal action if the deadline is not met. Compliance would require that the owner/operator submit a complete application for Site Plan Review.
Mr. Kadera noted that a representative for the property owner is present and that he is ready to proceed with a site plan review. Jeff Couch, representative with Team Engineering on behalf of the property owner, noted that he has been working on a site plan for the past three months and stated that the Board will see a total transformation and relocation of facilities on the site. He stated that all issues will be addressed in the site plan which he hopes to submit to Planning staff tomorrow. Chair Rennels asked if 60 days would be adequate time to complete the clean up effort. Mr. Couch agreed that it would be more than adequate. Commissioner Gibson asked if the signs are in the right-of-way. Mr. Couch stated that the are outside of the right-of-way and that the Colorado Department of Transportation (CDOT) has requested an additional 50 foot clearance, therefore they will be relocating buildings and material out of the right-of-way to accommodate the CDOT request. Chair Rennels noted there was no public comment on this item.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners find that a violation exists with regard to the Crystal Landscaping Zoning Violation, file #02-ZV0125, require compliance within 60 days, and authorize legal action if the deadline is not met. Compliance would require that the owner/operator submit a complete application for Site Plan Review.
Motion carried 3-0.
Mr. Helmick noted for the listening audience that the Whitman Development application which had been scheduled for this evening has been rescheduled to October 18, 2004, at 6:30 p.m.
There being no further business, the meeting adjourned at 3:10 p.m.
TUESDAY, OCTOBER 12, 2004
The Board of County Commissioners met at 9:30 a.m. with Frank Lancaster, County Manager; Chair Rennels presided, and Commissioners Gibson and Bender were present. Also present were Donna Hart, Commissioners’ Office; George Hass, County Attorney; and Gael Cookman and Angela Myers, Deputy County Clerks. Observing the meeting was the American Government Class from College America.
1. PUBLIC COMMENT: There was no public comment.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 4, 2004:
Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of October 4, 2004, as amended.
Motion carried 2 – 0 (Chair Rennels abstained).
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 18, 2004: Ms. Hart reviewed the schedule with the Board.
4. CONSENT AGENDA:
Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the consent agenda for October 12, 2004:
10122004A001 ELEVATOR EQUIPMENT MAINTENANCE SERVICE AGREEMENT BY AND BETWEEN LARIMER COUNTY AND SCHINDLER ELEVATOR CORPORATION
10122004A002 AMENDMENT TO EASEMENT CONTRACT NO. 14-06-700-6994 BETWEEN THE UNITED STATES OF AMERICA, ACTING BY AND THROUGH ITS BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR AND THE COUNTY OF LARIMER
10122004A003 ADDENDUM TO LARIMER COUNTY COMMUNITY CORRECTIONS ADVISORY BOARD SUB-CONTRACT BY THE BOARD OF COMMISSIONERS OF LARIMER COUNTY ON BEHALF OF THE LARIMER COUNTY COMMUNITY CORRECTIONS ADVISORY BOARD AND THE VILLA AT GREELEY, L.L.C.
10122004A004 COMMUNITY CORRECTIONS FY 2004-05 SUBCONTRACT BY AND BETWEEN THE SEVENTH JUDICIAL DISTRICT COMMUNITY CORRECTIONS BOARD AND BOARD OF LARIMER COUNTY COMMISSIONERS FOR THE USE AND BENEFIT OF LARIMER COUNTY COMMUNITY CORRECTIONS
10122004A005 COMMUNITY CORRECTIONS ADVISORY BOARD SUB-CONTRACT WITH SIXTH JUDICIAL DISTRICT BY AND BETWEEN THE BOARD OF COMMISSIONERS OF LARIMER COUNTY, ON BEHALF OF LARIMER COUNTY COMMUNITY CORRECTIONS ADVISORY BOARD AND SIXTH JUDICIAL DISTRICT/LA PLATA COUNTY
10122004A006 CHIMNEY HOLLOW OPEN SPACE GRANT AGREEMENT BETWEEN GREAT OUTDOORS COLORADO AND LARIMER COUNTY
10122004R001 FINDINGS AND RESOLUTION APPROVING SOUTH 13TH SUBDIVISION LOTS 3, 4 & 5 AMENDED PLAT
10122004R002 FINDINGS AND RESOLUTION APPROVING THE KIRTRIGHT MINOR LAND DIVISION
10122004R003 FINDINGS AND RESOLUTION APPROVING THE WHITE HOUSE AUTO SALES APPEAL
10122004R004 FINDINGS AND RESOLUTION APPROVING AMENDED PLAT IN HIAWATHA HEIGHTS BLOCK 20
10122004R005 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN PINEWOOD SPRINGS 5TH FILING LOTS 114 & 116 AND A PORTION OF THE WEST HALF OF 33-4-71
10122004R006 RESOLUTION AND QUIT-CLAIM DEED FOR THE CONVEYANCE OF THE OLD FAIRGROUNDS PROPERTY TO THE CITY OF LOVELAND
10122004R007 RESOLUTION OF RECOGNITION AND OUT OF TITLE PAY FOR NEIL GLUCKMAN
10122004R008 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR FLETCHER MINOR RESIDENTIAL DEVELOPMENT LOTS 1 & 2 AMENDED PLAT
10122004R009 RESOLUTION SUPPORTING THE AGREEMENT BETWEEN LARIMER COUNTY AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND
MISCELLANEOUS: Letter of support for the Berthoud Athletic Field Great Outdoors Colorado Grant Project
LIQUOR LICENSES: The following licenses were both approved and issued: Mishawaka Inn – Tavern – Bellvue; Masonville Store – Masonville – 3.2%.
Motion carried 3 – 0.
5. PRESENTATION OF QUARTERLY EXECUTIVE LIMITATION COMPLIANCE REPORT: Frank Lancaster provided the Commissioners with a copy of the Internal Monitoring Report – Executive Limitations for items requiring October review. He discussed specific areas of the report with the Board.
Commissioner Bender moved that the Board of County Commissioners approve accepting the October Policy Governance Compliance Report.
Motion carried 3 – 0.
9. WORKSESSION: Mr. Lancaster informed the Board that the City of Fort Collins is proposing an Urban Renewal Area for North College. It would be funded with Tax Increment Financing (TIF), which would have a financial impact on the County. Mr. Lancaster explained how a TIF works. He said the City of Fort Collins was simply informing the County and asking for the County’s opinion as a courtesy, but the County does not have approval rights on the issue. He also shared that the property owners in the area of North College recommended that part of the zoning in that area prohibit social services agencies from expanding there. There was general discussion on the topic of how that would impact the citizens utilizing the services.
10. COMMISSIONERS REPORTS: The Board noted their attendance at events during the past week.
11. LEGAL MATTERS: Mr. Hass explained that there has been a case filed against the Larimer County Open Space and Parks and some individual and former employees by John Farley and Barbara Ellis who are alleging intentional and willful acts by County employees and are also asking for punitive damages. At this point Mr. Hass believes the punitive damages and the willful and wanton acts are without merit. He requested the Boards approval of a resolution authorizing the County to fully defend and indemnify the employees against all claims, including willful and wanton and punitive damages alleged in this complaint. The District Attorney is also a defendant in this case.
Commissioner Gibson moved that the Board of County Commissioners authorize the County to fully defend and indemnify the employees against all claims, including willful and wanton and punitive damages alleged in the complaint made by John Farley and Barbara Ellis.
Motion carried 3 – 0.
Mr. Hass continued by requesting the Board’s motion to approve a housekeeping amendment to the contract to buy the Red Mountain Ranch. He indicated that the amendment needs to be executed by Friday. The nature of the amendment is to delay the County’s commitment to buy the Wyoming portion of the property until November 12th. By that date, the Board of Directors of the Nature Conservancy will have acted on this contract. The County wants do delay their final commitment on the Wyoming portion until there is a commitment from the Nature Conservancy. He indicated that there were a couple of other non-material amendments to the contract that needed to be made as well.
Commissioner Bender moved that the Board of County Commissioners approve a housekeeping amendment to the contract to buy the Red Mountain Ranch and authorize the Chair’s signature on the amendment.
Motion carried 3 – 0.
EXECUTIVE SESSION (#119)
Commissioner Bender moved that the Board of County Commissioners go into Executive Session at 10:10 a.m., and cited 24-6-402 (4)(f) C.R.S.
Motion carried 3 - 0.
Executive Session ended at 10:45 a.m. and the meeting was adjourned.
WEDNESDAY, OCTOBER 13, 2004
Clerk’s Note: Agreement approved during Administrative Matters on October 12, 2004, regarding the housekeeping amendment to the contract to buy the Red Mountain Ranch, was presented and signed by the Chair on Wednesday, October 13, 2004.
10132004A001 NOTICE OF WAIVER AND AMENDMENT TO THE CONTRACT TO BUY AND SELL REAL ESTATE DATED JULY 20, 2004, AND COUNTERPROPOSAL DATED JULY 29, 2004, BETWEEN LARIMER COUNTY, COLORADO, AND CATTLE COMPANY I, LLC, TIMNATH FARMS LAND AND CATTLE COMPANY II, LLC, TIMNATH FARMS LAND AND CATTLE COMPANY III, AND TIMNATH FARMS LAND AND CATTLE COMPANY IV, LLC, FOR THE PURCHASE AND SALE OF REAL PROPERTY LOCATED IN LARAMIE COUNTY, WYOMING AND LARIMER COUNTY, COLORADO.
KATHAY RENNELS, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
(S E A L)
Gael M. Cookman, Deputy County Clerk
Angela Myers, Deputy County Clerk