Elk in Rocky Mountain National Park
 
> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 09/06/05  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, SEPTEMBER 5, 2005

 

The courthouse offices were closed on Monday in observance of the Labor Day holiday.

 

 

TUESDAY, SEPTEMBER 6, 2005

 

ADMINISTRATIVE MATTERS

(#93 & 94)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster, Chair Rennels presided and Commissioners Gibson and Wagner were present.  Also present were:  Donna Hart, Beverly Miller, and Deni LaRue, Commissioners’ Office; Larry Timm, Kristin Bothell, and Casey Stewart, Planning Department;  Gary Buffington, Parks and Open Lands Department; Mark Peterson, Engineering Department, Larry Johnson, Assessor's Office; Ginny Riley, Human Services Department; George Hass, and Linda Connors, County Attorney's Office; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   Neil Spencer and Ron Sladek expressed their desire to have the Pleasant Valley and Bellevue area designated as a Historical District and requested the Board's support in this endeavor.   Some discussion ensued regarding the process and requirements to achieve the designation, and the Board recommended that the gentlemen conduct a survey of area residents to determine if they are in favor of this action before pursuing it further.  

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 29, 2005:

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of August 29, 2005, as amended.

 

Motion carried 3-0.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK OF SEPTEMBER 12, 2005:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA:  Commissioner Gibson requested that Resolution 09062005R007 be pulled from the Consent Agenda for clarification. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for September 6, 2005, excluding Resolution 09062005R007:

 

09062005A001           GRANT CONTACT - ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS

 

09062005A002           WARRANTY MEMORANDUM FOR IMPROVEMENTS AT IRONWOOD PLAZA PLANNED LAND DIVISION (#01-S1900) BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CARL AND JULIE BRUNSWIG

 

09062005A003           STATEMENT OF GRANT AWARD FOR 2005 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM (JAG) BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE U.S. DEPARTMENT OF JUSTICE

 

09062005R001           FINDINGS AND RESOLUTION APPROVING THE BINGHAM HILL ESTATES SUBDIVISION PRELIMINARY PLAT

 

09062005R002           FINDINGS AND RESOLUTION APPROVING THE SCHWARZ FARMS MINOR LAND DIVISION

 

09062005R003           FINDINGS AND RESOLUTION APPROVING THE VANDERVEEN APPEAL TO EXPAND A NONCONFORMING RESIDENCE

 

09062005R004           FINDINGS AND RESOLUTION APPROVING THE WELLINGTON WATER APPEAL

 

09062005R005           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 1 AND 2 OF THE GARDELS MRD AMENDED PLAT AND LOT 3 OF THE GARDELS MLD

 

09062005R006           FINDINGS AND RESOLUTION APPROVING THE POUDRE EQUESTRIAN CENTER MINOR LAND DIVISION

 

MISCELLANEOUS:  Larimer County General Improvement District #4 - Carriage Hills/Sanborn Acres Road Board Bylaws.

 

LIQUOR LICENSES:  The following licenses were approved and issued:   Lil's Gambler Steakhouse - Hotel and Restaurant - Fort Collins; 7-Eleven Store #32276A, Transfer of Ownership with Temporary Permit - Fort Collins.  The following license was issued:  Colorado State University - Hotel and Restaurant - Fort Collins.

 

Motion carried 3-0.

 

 5.   APPROVAL OF A VISION PLAN FOR THE NEW PARKS PROGRAM MASTER PLAN:  Mr. Buffington explained that the existing Parks Program Master Plan is 12 years old and is in need of revisions.  Mr. Buffington stated that the updated plan will include the Larimer County Vision Statement, development of a Strategic Master Plan, and the creation of a Citizens Board consisting of a park neighbor, business and outdoor recreation professionals, a county department representative, a finance/economist individual, partners from the Bureau of Reclamation and the Northern Colorado Water Conservation District, a Sheriff's office representative, a natural resource educator/professional, a non-resident recreation user, and a Parks Department volunteer.  Mr. Buffington also stated that they will be hiring a consultant to assist in this effort.  Commissioner Gibson expressed concern that Parks Department projects may be delayed by this effort.  Mr. Buffington stated that smaller projects would proceed as scheduled; however, some of the larger projects may experience some delay as a result of updating the Parks Master Plan and goals.  Commissioner Wagner asked for clarification of the Citizens Board and what its function would be.   Mr. Buffington stated that the consultant will be hired and will work on educating the Citizens Board members, and then work will begin on updating the Parks Program Master Plan. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the Vision Plan for the new Parks Program Master Plan

 

Motion carried 3-0.

 

6.   FOLLOW-UP REGARDING RESOURCES FOR CODE ENFORCEMENT:   Mr. Timm explained that the single Land Use Code Enforcement Officer position is an inadequate level of staffing for effective enforcement of zoning issues.  Mr. Timm noted that he hired a consultant to assist in reviewing code enforcement needs, and the findings support his request for additional staff.  Mr. Timm explained that the new special events permit process is placing an extra burden on staff; and, if the soon-to-be-proposed graffiti ordinance is approved, code enforcement will be responsible for monitoring this new ordinance as well.    Mr. Timm requested Board approval to upgrade the current lead worker position, hire an additional Code Compliance Officer, and hire a Code Compliance Technician.   Chair Rennels stated for the record that the Board asked Mr. Timm to look at this situation and bring back his findings and recommendations to the Board outside of the normal budget process.  Commissioner Gibson asked if there was a way to ensure that citizen complaints are responded to in a timely manner, and suggested that all complaints be responded to within three to seven days.  Mr. Timm stated that they could respond to initial complaints within three to seven days. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners authorize the Planning & Building Services Division to hire an additional Code Compliance Officer; hire a Code Compliance Technician; and upgrade the current Building Code Enforcement Officer Lead Worker position to a Code Compliance Supervisor position, with these changes to be effective on or about October 1, 2005.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve allocation of $26,919 for 2005 and $113,171 for 2006 to the Planning Department operating fund to support the upgraded and new positions.

 

Motion carried 3-0.

 

PERSONNEL AUTHORIZATION REQUEST FOR THE PLANNING AND BUILDING DEPARTMENT FOR A FTE CODE COMPLIANCE OFFICER AND A FTE CODE COMPLIANCE TECHNICIAN

 

7.  APPEAL TO EXPAND A NONCONFORMING FIRE STATION BUILDING (APPEAL FILE 05-G0087):  Mr. Stewart explained that the existing Poudre Fire Authority Fire Station #5 located at the southwest corner of Harmony Road and Hogan Drive is nonconforming, because it is located closer to the State Highway 68 (Harmony Road) than allowed.  Mr. Stewart stated that the fire authority wants to add onto the station to increase engine and vehicle storage and to accommodate a living unit for the battalion chief.  Mr. Stewart stated that the appeal does not involve County Master Plan issues or present any significant policy issues; therefore, staff recommends that it not be referred to the Planning Commission for review and recommendation.  Fire Chief Gary Nuckols explained that there is a setback issue, in that the Planning Department states that the building will be closer to Hogan Drive than the normal setback of 25 feet; however, the addition will end up being 15 feet from the property line, and then there is still another 15 feet to reach Hogan Drive. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve referring an appeal to expand a nonconforming fire station building to the Board of County Commissioners for review and recommendations.

 

Motion carried 3-0.

 

8.  APPEAL TO EXPAND A NONCONFORMING RESIDENCE (APPEAL FILE 05-G0086):  Mr. Stewart stated that an application has been submitted to build an addition onto an existing nonconforming residence owned by John and Judy Lorenz and located at 1125 “K” Big Thompson Canyon.  Mr. Stewart explained that the existing residence is located about 49 feet from the center of a stream, which requires a setback distance of 100 feet; he further stated that approval of the appeal is required, since the addition is greater than 25% of the existing floor area.  Mr. Stewart stated that the appeal does not involve County Master Plan issues or present any significant policy issues and is a relatively minor project; therefore, staff recommends that it not be referred to the Planning Commission for review and recommendation. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve referring an appeal to expand a nonconforming residence to the Board of County Commissioners for review and recommendations.

 

Motion carried 3-0.

 

9.   CHANGE OF LOCATION FOR YOUNG'S LIQUOR:  Mr. Lancaster explained that Gerald Granberg, the owner of Young's Liquor store, is in the process of constructing a new building on his current parcel.  He will be tearing down the old building, but because the liquor store will now be located on the rear side of the new building, the State is requiring a change of location application for his liquor license.  Mr. Lancaster explained that the Board can waive the petitioning process for Mr. Granberg, since the needs and desires of the neighborhood have already been established; however, a public hearing will still be required for this application. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve waiving the petitioning requirement for the change of location application for Young's Liquor. 

 

Motion carried 3-0.

 

10.  RECOGNITION OF COUNTY INFORMATION MANAGER:  Mr. Lancaster honored Community Information Manager Deni La Rue for a Meritorious Award given by the National Association of County Information Officers, NACIO, in their Awards of Excellence 2005 competition. The NACIO award was given for ‘Community at Work’, a one-half hour public affairs radio show aired on local community radio station KRFC, 88.9fm on Thursday evenings at 7:00 p.m.  Ms. La Rue explained that ‘Community at Work’ spotlights issues affecting the community by providing a closer look at the public agencies that serve citizens.  She explained that it was a joint effort by Larimer County, the City of Fort Collins, the Health District for Northern Larimer County, and the U.S. Forest Service, who recently became a partner on the show.  The Board congratulated Ms. La Rue and thanked her for her efforts.

 

11.  APPROVE THE BY-LAWS FOR THE LARIMER INTEGRATED FAMILY ENHANCEMENT (LIFE) BOARD - FORMALLY KNOWN AS CORE SERVICES/PAC:    Ms. Miller presented the by-laws for the LIFE Board and requested approval of the same.  Ms. Miller noted that the number of members to serve on the board has not yet been determined, as some positions have been duplicated.  Some discussion ensued regarding whether or not the by-laws should be approved without first determining the number of members that will serve on the board.  Mr. Lancaster explained that many of the positions serving on this board are pre-determined by Colorado State Statute; however, in the meantime, the LIFE Board is operating without approved by-laws.  Chair Rennels requested that the LIFE Board resolve this issue prior to their adopting the by-laws.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the By-laws for the Larimer Integrated Family Enhancement (LIFE) Board and have the member representation determined prior to the Life Board adopting the same.

 

Motion carried 3-0.

 

BY-LAWS FOR THE LARIMER INTEGRATED FAMILY ENHANCEMENT BOARD FORMERLY KNOWN AS CORE SERVICES/PAC

 

12.  AUTHORIZE THE ENGINEERING DEPARTMENT TO ALTER TWO POSITIONS DUE TO VACANCIES:  Mr. Peterson explained that the Engineering Department has reevaluated their staffing needs after the resignation of two employees, and would like to reallocate the funds budgeted for two Civil Engineer II positions as follows:  1)  Hire a half-time Senior Civil Engineer with traffic engineering emphasis to assist with development review and traffic engineering issues;  2) Hire a Civil Engineer I to conduct development review;  and 3) Hire an Engineering Technician I to assist in drainage issues related to building permits and development, as well as administration of the National Pollutant Discharge Elimination System (NPDES) requirements.  Mr. Peterson explained that the requested action will have no impact on the existing budget and will work within the budget constraints for 2006.  Finally, Mr. Peterson noted that he had originally requested authorization to offer up to $36,500 in annual salary for the half-time Senior Civil Engineer position, but would like to revise that figure to $37,500.    

 

M O T I O N

 

Commissioner Gibson moved that the Board County Commissioners approve a new self-funded, half-time Senior Civil Engineer position for traffic engineering in the Engineering Department.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Gibson moved that the Board County Commissioners approve a waiver of policy to allow the position to be advertised at the full range of salary for this position ($30,555 to $41,249 annually).

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Gibson moved that the Board County Commissioners authorize the County Engineer to offer up to $37,500 in annual salary to fill this position, depending upon the qualifications and experience of the specific individual selected to be hired. 

 

Motion carried 3-0.

 

13.  REQUEST TO FORM AN ASSESSMENT TASK FORCE:  Mr. Johnson explained that a group of citizens attended a recent Administrative Matters meeting and suggested that a task force be formed to explore ideas regarding how the property valuation system could be improved.  Mr. Johnson then requested the Board of County Commissioners to partner with him in the creation of this task force.  Chair Rennels questioned what the role of the task force would be and what the expected outcomes might be.   Much discussion ensued with Mr. Johnson stating that, in his opinion, the task force would discover that the Assessor's office is in need of additional resources.  Chair Rennels suggested that Mr. Johnson consider creating a working group to discuss possible improvements to the valuation system; and, if ideas or suggestions arise that call for the Board's support, then Mr. Johnson and the working group could present those ideas or suggestions.   Ultimately, Mr. Johnson admitted that the task force would probably not be helpful, and he withdrew his request.    

 

14.  WORKSESSION:  Mr. Lancaster explained that Resolution 09062005R007, (which Commissioner Gibson pulled from the Consent Agenda), concerns changing the use of a portion of County Road 16 to be restricted to pedestrian and bicycle traffic only. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve of Resolution 09062005R007 as presented.

 

Motion carried 3-0.

 

090620054007            RESOLUTION REGARDING A PORTION OF COUNTY ROAD 16

 

Discussion ensued regarding the Intergovernmental Agreement (IGA) between Larimer County and the City of Fort Collins pertaining to annexation of county land into city limits.   The Board directed Mr. Lancaster to draft a letter to the City Council stating that Larimer County supports the IGA and the phased process that the City prefers to use when annexing property; however, the Board would like the City to annex all properties in a timely manner.

 

15.  COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week. 

 

16.  LEGAL MATTERS:   Mr. Hass explained the Board's authority regarding General Improvement Districts (GID), in that the Board can only delegate the "leg-work" on issues to the Advisory Board, and that the Advisory Board is strictly advisory in nature.  Some discussion ensued regarding the Red Feather GID, how the Advisory Board is currently being conducted, and how board members are being selected for the district.  The Board agreed that sending a letter to the Red Feather Advisory Board, clarifying the Board of County Commissioners role and position in the GID, would be appropriate at this time.

 

Mr. Hass then updated the Board regarding on the Commissioners' role pertaining to conflict resolution surrounding child protection laws.  In short, the Board becomes involved in, and privy to, child protection matters only if the Human Services Director refers such matters to the Board of County Commissioners.  In addition, only individuals that are directly involved in the case can file a complaint regarding such case.  Ms. Riley explained that she conducted a survey to see if other counties provided their commissioners with information about child protection cases, and the survey revealed that about 50% do and 50% do not provide their commissioners with this type of information.   Discussion ensued regarding how the Commissioners could be kept informed of complaints, and Ms. Riley stated that there is a form available for citizens to use to file written complaints with the Human Services Director, and that she would insure the Commissioner's office receives a supply of these forms. 

 

17.   EXECUTIVE SESSION - (Tape #95.)

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners go into Executive Session for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators as outlined in 24-6-402 (4) (e) C.R.S.

 

Motion carried 3-0.

 

The meeting recessed at 12:35 a.m., with no further action taken.

 

 

LAND USE HEARING

(#96)

 

The Board of County Commissioners reconvened at 3:00 p.m. with Rob Helmick, Principle Planner.  Chair Rennels presided and Commissioner Gibson was present.  Also present were:  Al Kadera, Geniphyr Ponce-Pore,  Porter Ingrum, Matt Lafferty, Russ Legg, and Casey Stewart, Planning Department; Doug Ryan, Environmental Health Department; Christy Coleman, Engineering Department; George Hass, County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Rennels opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics.   Chair Rennels then explained that the following items are on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.  GLACIER VIEW MEADOWS 6TH FILING LOT 71 UTILITY EASEMENT - #05-S2469:  This is a request to vacate 10-feet of the front yard 20-foot utility easement for the construction of a garage.  This application was forwarded to the appropriate departments and agencies for comment.   The responses from these groups reveal that there are no major issues of concern.  The Larimer County Health Department did comment that the garage foundation should be located so that heavy machinery does not drive over the absorption field.  Deep soil backfill from the garage should also not extend over the field.  It appears from the site plan that the construction of the garage will not impact the existing absorption field. The Development Services Team recommendation is for approval of the Glacier View Meadows 6th filing Lot 71 Easement Vacation File #05-S2469, a request to vacate 10 feet of the 20-foot front yard utility easement to allow for the construction of a garage.

 

2.  KINARD JUNIOR HIGH SCHOOL MINOR LAND DIVISION - #05-S2463:   This is a request for a Minor Land Division to create a 27.07-acre lot from an existing 218-acre property.  If approved the 27.07-acre lot will be developed by the Poudre R-1 School District as the Kinard Jr. High School.  The subject site for the proposed Minor Land Division is situated within the Fort Collins Urban Growth Boundary and is part of the Fossil Creek Reservoir Plan area.  Being situated within the boundaries of the UGA and Fossil Creek Reservoir Area Plan, the residential densities anticipated and approved are at an urban level, and the demand for new educational facilities in this area are necessary. The area surrounding the subject request consists of developing mixed use residential, and the proposed Jr. High School will service this growing area.  Access to the proposed Jr. High School site will be from Ziegler Road, which road is classified as a collector road and is considered desirable for the type of traffic generated by this type of use.  The Kinard Minor Land Division application has been referred to the required agencies and departments for review and comment.  From the responses received from this referral, there are no outstanding issues with the land division.  However, the referral comments received from Dale Greer of the Larimer County Engineering Department indicate numerous technical corrections that need to occur on the final plat for the MLD before it can be recorded.  These technical modifications will not affect any of the review criteria taken into consideration as part of the Development Services Team analysis.

The Kinard MLD will provide a public benefit in that is will provide land for a new Jr. High School in the Fossil Creek Reservoir Area, which area has experienced significant residential growth in the last five years. So long as the applicant addresses technical concerns with the survey requirements for the MLD Plat, the Development Services Team does not find any reason why this application should not be approved.  The Development Services Team findings are as follows: 

1.   The Development Services Team finds that the property for the Kinard Jr. High School MLD is not part of an approved or recorded Subdivision, Conservation Development, Planned Land Division, Rural Land Use Plan or Planned Unit Development.

2.   The Development Services Team finds that the property for the Kinard Jr. High School MLD is not part of an Exemption or Minor Residential Development approved under the previous Subdivision Resolution of a Minor Land Division.

3.   The Development Services Team finds that the newly created parcels within the Kinard Jr. High School MLD will meet the minimum lot size required by the applicable zoning district.

4.   The Development Services Team finds that the newly created parcels within the Kinard Jr. High School MLD will meet the minimum access standards required by  County Engineering or the Colorado Department of Transportations, as applicable.

5.   Approval of the Kinard Jr. High School MLD Minor Land Division will not result in impacts greater than those of existing uses.

 

The Development Services Team recommendation is for approval of the Kinard Junior High School Minor Land Division (File #05-S2463), subject to the following condition(s) and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature:  1.  All conditions of approval shall be met and the Final Plat recorded by March 6, 2006, or this approval shall be null and void.  2.  Prior to recordation of the Kinard Minor Land Division Plat, the referral comments from Dale Greer of the Larimer County Engineering Department, dated July 19, 2005, shall be addressed by the applicant.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Consent Agenda as outlined above.

Motion carried 2-0.

 

Mr. Helmick requested that Item #4 be considered at this time, as Mr. Kadera would be asking the Board to remove it from the agenda.

4.  KROMER/WASTE NOT RECYCLING ZONING VIOLATION - #01-ZV0277:  Mr. Kadera requested that the Board remove this item from the agenda, as the owner has submitted an application for site plan review.  Chair Rennels noted for the record that no one in the audience was present to discuss this item, and it was removed from the agenda.

 

3.  MEDANICH APPEAL - #05-G0083:  This is a request to appeal Section 4.8.9.A.1 of the Land Use Code that contains regulations for expanding nonconforming buildings.  This section of the Code limits addition size to not more than 25% of the square footage of the original building that legally existed on January 1, 2000, and not more than 1000 square feet. 

 

The applicant proposes to construct an addition to his existing residence, which is currently approximately 75 feet from the center of County Road 10.  This section of County Road 10 is classified as a minor collector, which requires a building setback of 100 feet from right-of-way center.  The residence is nonconforming with respect to the required 100-foot setback from the road.  According to the applicant, the residence was constructed about 1910, prior to the road setback requirement.  The owner wants to add onto the existing structure to the north (rear).  The addition, including expanded living area and bedrooms, is greater than 25% (Existing = 1400 sq. ft.; addition = 1100 sq. ft.) of the floor area of the existing building, and more than 1000 square feet.  The proposed addition is located over 100 feet from the center of the road. 

 

The County Engineering Department offered no recommendation.  The Department of Health/Environment commented that its concerns have been addressed by the fact that the applicant has obtained a proper permit for the expansion of the sewer system for this project.  The Building Code Enforcement Department commented that a permit (01-B0953) for an addition in 2002 has expired without all inspections.  The applicant cannot receive a permit for the addition that is the subject of this appeal until the expired permit is resolved.

 

This request involves an addition to an existing single family dwelling that is nonconforming with respect to highway setback requirements.  The addition will be to the rear of the house, which is over 100 feet (the required setback) from the center of the highway.  No objections have been received from any surrounding property owners or interested county, state, or federal agencies.  The addition would not subvert the purpose of the Code and will have little or no impact on the surrounding area.   The Development Services Team finds, with conditions listed below, the appeal meets the review criteria of Section 22.2.3, as outlined in the Land Use Code.  The Development Services Team recommendation is for approval of the Medanich Appeal, File # 05-G0083 subject to the following condition:   1.  The applicant shall resolve the expired permit 01-B0953 for an addition constructed in 2002 before, or in conjunction with, issuance of the required permit for the addition under this appeal.

Mr. Stewart displayed aerial photos of the property and gave a brief description of the appeal as outlined above.  The applicant, Jeffrey Medanich, had no comment other than to thank the staff for their assistance regarding this application.  Chair Rennels noted for the record that no one in the audience was present to discuss this item.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Medanich Appeal (File 05-G0083), subject to the following condition:  1.  The applicant shall resolve the expired Permit 01-B0953 for an addition constructed in 2002 before, or in conjunction with, issuance of the required permit for the addition under this appeal.

Motion carried 2-0.

 

5.  NYTES REZONING:  This is a request to rezone a 2.3-acre lot from “E” Estate to “CH” Heavy Commercial.  At a joint public hearing on November 3, 1999, the Board of County Commissioners and the Estes Park Town Board of Trustees adopted the official zoning map for the Estes Valley to implement the Estes Valley Comprehensive Plan. This was a legislative rezoning that occurred valley-wide after extensive public hearings, mailings, and outreach regarding the Comprehensive Plan, proposed rezoning, and the Estes Valley Development Code.   During this process, staff made every attempt to zone properties consistent with the known use of the property. At the time of the rezoning, the lot under consideration, as well as the adjoining lot to the east, were owned by Mr. Hillery Parrack. Mr. Parrack requested that the adjacent lot remain zoned “C” Commercial, and that request was accommodated during the valley-wide rezoning process in 1999. He did not request retention of the “C” Commercial zoning for the lot currently owned by Mr. Nytes, and the lot was rezoned from “C” Commercial to “E” Estate.

 

On February 24, 1998, prior to the “E” Estate rezoning, the property received a Special Exception from the county to allow a single-family dwelling and a shop building to be built in the commercial zoning district. The conditions of the Special Exception approval were:

1.   No outside storage of materials shall be allowed on the property;

2.   No outside storage or maintenance of vehicles shall be allowed; and,

3.   The shop building shall be an earth-tone color.

 

Mr. Nytes contends that, when he purchased the property from Mr. Parrack, the change of zoning, as recommended by the Estes Valley Plan, was not brought to his attention; he was not aware of the proposed change and would have requested that the zoning for the property remain “C” Commercial.

At the time of the zoning changes, every effort was made to zone according to the existing county zoning and the use of the property, which is evidenced by the fact that the adjacent property owned by Mr. Parrack was zoned “C” Commercial. If staff had received such a request for the Nytes property, it is very probable that the zoning would have remained in the commercial category. After the adoption of the valley-wide rezoning, there was a one-year timeline during which property owners could request reconsideration of potential errors. Mr. Nytes contends that he was unaware of the “E” Estate zoning for his property until the County brought zoning-violation action against him on September 20, 2004, for alleged violation of Special Exception Condition #2, prohibiting outside storage of vehicles. Following that action, Mr. Nytes requested reinstatement of the “C” Commercial zoning that was effective in 1999.

After discussion with the County Attorney, the County Commissioners, and Estes Park Community Development staff, it was agreed that it wasn’t useful to decide who was notified when. During the valley-wide rezoning, the guiding principal was to zone according to use; at that time, Mr. Nytes had already established his business use of the property. Therefore, Larimer County staff is bringing this rezoning request forward under the same provisions that were in effect during the one-year timeframe after the valley-wide rezoning.

Staff, with the concurrence of the applicant, believes that the full range of uses allowed under “CH” Heavy Commercial zoning would not be appropriate. Staff is recommending the rezoning be approved only for the existing uses on the site, which include a single-family residence (employee housing), the shop building, and storage of two (2) construction trailers. Additionally, the limitations imposed by the Special Exception approved in 1998 shall apply, with the exception that the definition of outside storage will not include the limited equipment currently located on the site.

The Estes Valley planning Commission heard the item on August 16, 2005 and recommended unanimous approval.  Based on the foregoing, staff and Planning Commission recommends approval of the proposed rezoning of Tract 2, Hillery Parrack Exemption from “E” Estate to “CH” Heavy Commercial conditional to:

1.   Permitted uses are the employee housing (existing single family residence), maintenance and repair services associated with the business on Elm Road, and the shop building as show on the site plan.

2.   Equipment storage shall be limited to four pieces of equipment and eleven vehicles.

3.   No outside storage of business or construction material shall be allowed on the property.

4.   No outside maintenance of vehicles shall be allowed.

5.   The shop building shall remain earth-tone in color.

 

Mr. Legg presented six letters he received in opposition to the rezoning application and read their contents to the Board.  Mr. Legg stated that the proposal would allow Mr. Nytes to continue operating his business at the current level and the restrictions would apply to the property even if it is sold.  Mr. Legg explained that if the rezoning is approved, the house would be considered a nonconforming use within the Commercial Heavy designation.

Jim and Billie Nytes addressed the Board and explained that there were other existing commercial uses in the surrounding area when they purchased their property, including a dog kennel and a veterinarian office.  Chair Rennels asked if the Nytes understood the restrictions that would be placed upon the business and were in agreement with the same.  Mr. Nytes agreed with the proposed restrictions. 

At this time Chair Rennels opened up the hearing for public comment and Ron Harvey, adjoining neighbor, addressed the Board.  Mr. Harvey explained that there have been a lot of changes in the neighborhood in the past four years and that the Nytes' property is now surrounded by residential homes.  Mr. Harvey expressed concern regarding the Commercial Heavy designation and with the outdoor storage that might be allowed with such designation.   Mr. Harvey requested that the Board deny the request to rezone this property.  Commissioner Gibson asked Mr. Harvey if the business was in place when Mr. Harvey purchased his home.  Mr. Harvey stated that the business was not in place and that it was vacant land at the time he purchased his home.   Chair Rennels explained that if the rezoning is approved there will be limited uses on the property.  There being no further comment, Chair Rennels closed public comment. 

Under discussion, Chair Rennels stated that the area was in transition and should have been designated with the commercial zoning at the time; therefore, she was in favor of the appeal, with the restrictions recommended by the Estes Valley Planning Commission.  Commissioner Gibson agreed.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the rezoning of Tract 2, Hillery Parrack Exemption from “E” Estate to “CH” Heavy Commercial, with the findings and conditions recommended by staff and the Estes Valley Planning Commission, as outlined above.

Motion carried 2-0.

 

The hearing adjourned at 3:45 p.m.

    __________________________________________

                                    KATHAY RENNELS, CHAIR

                        BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

___________________________________

Gael M. Cookman, Deputy Clerk    

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