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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, MARCH 13, 2006

 

LAND USE HEARING

(#29)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principle Planner.  Chair Gibson presided and Commissioners Wagner and Rennels were present.  Also present were: Sean Wheeler, Porter Ingrum, and Al Kadera, Planning Department; Traci Downs, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk. 

 

Chair Gibson opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and the Land Use Code.  No one from the audience addressed the Board regarding these topics.  

 

Chair Gibson then explained that he will be rearranging the agenda, as Item 2, regarding the Amended Plat and Easement Vacation for Cedar Springs 2nd Filing, Block 3, Lots 11 - 13, is on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

2.  AMENDED PLAT AND EASEMENT VACATION FOR CEDAR SPRINGS 2ND FILING, BLOCK 3 LOTS 11-13 - #06-S2538:  This is a request for an Amended Plat of Cedar Springs 2nd Filing, Block 3 to combine lots 11 and 12 and adjust the boundary line between lots 12 and 13 to resolve a building encroachment issue.  The 10-foot utility easements located on the common lot lines will also be vacated by this application.

There have been no objections to this proposal by surrounding neighbors. Additionally, the following Larimer County agencies have stated that they have no objections to this proposal: The Larimer County Department of Health and Environment; The Land Surveyor of the Larimer County Engineering Department; and the Larimer County Engineering Department Development Review Team.

The proposed Amended Plat of Lots 11-13 Cedar Springs 2nd Filing and easement vacation, will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code.

The Development Services Team recommends approval of the Amended Plat for Cedar Springs 2nd Filing, Block 3 Lots 11-13 to be known as Lots 1 and 2 of the Amended Plat of Lots 11-13, Cedar Springs 2nd Filing, Block 3 and the vacation of the 10-foot utility easements located along the common lot lines subject to the following conditions:

 

1.   All conditions shall be met and the Final Plat be recorded by September 13, 2006, or this approval shall be null and void.

2.   The resultant lots are subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

3.   Vacation of the easements shall not be effective until the amended plat is recorded in the Larimer County Records.

4.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections requested by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve Item 2, as listed on the Consent Agenda and outlined above.

Motion carried 3-0.

 

1.  BONSER AND FLYING "W" PITS SPECIAL REVIEW- #01-Z1424 & 03-Z1475:  This is a Special Review request for approval to mine sand and gravel for commercial purposes and to operate an asphalt batch plant.

 

This request was scheduled as a discussion item before the Board of County Commissioners on February 6, 2006.  Discussion at the hearing resolved all outstanding concerns regarding the request, with the exception of operating hours.  The Board determined they would need additional information on the alternatives regarding this issue, because of concerns over potential conflicts between the quarry and its impacts on neighboring property owners.

The Board directed the applicant to work with Staff to consider the issue.  Staff and the applicant are schedule to meet after the writing of this report, and will present any new information at the March 13, 2006, public hearing.

Mr. Wheeler stated that he has had the opportunity to meet with the applicant and they have proposed the following:

 

                  1.  Traffic from the site will only be permitted to the west on Saturday operations.

                  2.  The permit boundary will be moved to 100 feet south of Kelly Bonser's property line.

                  3.  Operations on the site will be reduced to max life of 20 years.

                  4.  Saturday operations will occur March 1st through November 30th of each year.

                  5.  There will be no site operations on County holidays. 

 

Mr. Wheeler explained that the applicant plans on utilizing new technology that results in low odor being emitted from the batch plant. 

The applicant, Peter Wayland, and his assistant, Chad Weaver, displayed a slide show presentation for the Board, during which, Mr. Wayland explained that many public improvements, including those requested by Larimer County, are conducted on Saturdays. Tom Peterson, representative from the Colorado Asphalt Pavement Association, explained the need for Saturday operations, as paving during the weekends is less disruptive to the community as a whole. Jeff Cerjan, representative from Hankard Environmental, explained that he was hired by the applicant to conduct a noise study.  Mr. Cerjan explained how he conducted the study and presented the results, which indicated that the noise from the plant will not be audible to Kelly Bonser's home in most cases.   Dale Osborn, neighbor to the Kauffman Pit, stated that although there is some noise from the plant operations he has never found it to be disruptive, and he has never noticed an odor. 

Commissioner Rennels asked how long it takes to warm up the batch plant.  Mr. Wayland replied that it takes approximately 30 minutes.  Commissioner Rennels asked about prohibiting the left hand turn on Saturdays, and how this will affect the general public.  Mr. Wayland stated that it is a private access road, and they will install signs to alert the public, as well as the truck drivers. 

Chair Gibson opened up the hearing for public comment.  Sue Radford, interested citizen, questioned the hours during the week, noting that if the site opens at 7:00 a.m., then it does not coincide with Mr. Ryan's work hours if should there be a need to submit a noise complaint.  Ms. Radford stated that the early morning noise is a problem.   Ms. Radford also questioned the noise study and indicated that the noise will be heard on the west side of the home and requested the applicant make sure the berm is installed as an adequate buffer.

Kelly Bonser, neighbor, stressed that her quality of life will be compromised greatly if the Saturday operations are allowed, as the neighborhood will be subjected to noise and traffic six days a week.  Ms. Bonser asked if the applicant has tried to determine if there is a location that might be better suited for the batch plant.  Ms. Bonser stated that she is vehemently opposed to the Saturday operations, but if the Board chooses to allow it, then she requested that truck traffic be limited to only the Coulson Excavating Company, and that only public jobs be allowed on Saturday's, not private jobs.  Ms. Bonser asked if two plants will be operating on site, or just one. 

Charles Miller, neighbor, questioned the intervals used to measure the noise study.  He suggested using one minute intervals in order to determine what the noise levels truly are.  There being no further comment, Chair Gibson closed this portion of the hearing.

Mr. Cerjan explained that the noise study did include load out testing and measurements were taken when the crusher was active.  Mr. Cerjan stated that if the measurements were taken at one minute intervals then the results would have actually weighed more in favor of the project.  Mr. Wayland explained that they did look at other sites to locate the batch plant; however, there were impractical due to residential density, and the length of time left to mine the sites.  Mr. Wayland stated that their air permits will not allow two plants on one site, so there will be only one batch plant in operation on the Bonser Site.  Finally, Mr. Wayland explained that when Kelly Bonser's father sold the property to Coulson Excavating, it was fully disclosed that the property would be mined and that would be the intended use.

Commissioner Wagner asked Mr. Wayland to explain why he felt it was necessary to point out that Larimer County is or could be a potential customer, as this could be construed as a conflict of interest.  Mr. Wayland stated that he was merely trying to drive the point home as to how important Saturday operations are.  Mr. Wayland explained that it is not only local governments that require product on Saturdays, but state entities as well. 

Chair Gibson explained that Mr. Bonser could have placed a deed restriction against the mining operations when he sold the property and he did not, probably because it was more valuable to sell it with the mining rights.  Chair Gibson stated that he would support Saturday operations from 7:00 a.m. to 3:00 p.m.   Commissioner Wagner stated that she was not comfortable with the possibility of a conflict of interest that was acknowledged when Mr. Wayland stated that Larimer County is a customer; therefore, she stated that she cannot support this application.  Commissioner Rennels explained that she was not comfortable limiting Saturday operations for public projects only, as it gives an unwarranted "edge" to government entities, and if a grocery store needs a parking lot installed on a Saturday they should be able to have that option as well.  Commissioner Rennels was in favor of 7:30 a.m. to 2:00 p.m. Saturday operations, with 7:30 a.m. to 8:00 a.m. being utilized as warm up time for the batch plant.  Discussion ensued regarding the conditions of approval which have been amended and are outlined below:

A.  This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

B.   The Site shall be developed consistent with the approved plan and with the information contained in the Bonser Pit Special Review (File #01-Z1424) except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Bonser Pit Special Review.

C.  The applicant shall execute a Development Agreement to be signed by the Board of County Commissioners and recorded with the Larimer County Clerk's Office, before the commencement of any off-site hauling activities and no longer then 3 years after the date of approval.

D. No operations of any kind shall occur on site on County recognized holidays.  Monday through Friday hours of operation are limited to the time between 7:00 a.m. and 5:00 p.m., to include the time required for equipment warm up and staging.  Saturday hours of operation will be permitted to only the batch plant operation, and will be conducted between the hours of 7:30 a.m. and 2:00 p.m., to include the time required for equipment warm up and staging, with an exception to emergency operations or operations that were imperative based on extraordinary circumstances.  Saturday haul operations are limited to the hours of 8:00 a.m. to 2:00 p.m.  Saturday operations are only allowed between March 1st and November 30. 

 

E.   County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.

F.   The applicant must identify all wetland areas on site and provide a Wetlands Mitigation Plan for all disturbed wetland areas for review and approval by Planning Staff prior to commencement of any activity within wetland areas.

G.  The applicant must provide a landscape plan for review and approval by Planning Staff, prior to commencement of off-site hauling operations.

H.  The applicant must provide a Weed Control Plan to be reviewed and approved by the County Weed Control District, prior to commencement of off-site hauling operations.

I.    The 65-acre pond shall be designed with both water storage and wildlife values as goals so the bank slopes are consistent with the model provided at the December 21, 2005 Planning Commission hearing, following the Thornton model, supporting plant and wildlife habitat and water storage can occur.  Specific plans for the pit shall be reviewed and approved by Planning Staff prior to any activity on the site.

J.    Reclamation for each pond shall begin as soon as possible after the completion of mining activities in each 10-acre section and no later then the start of the next growing season.

K.  The applicant shall comply with requirements contained in the October 14, 2005, memo from the County Department of Health and Environment including:

-     The internal haul road between the processing area on the Bonser Pit site and CR 20E shall be paved in order to limit particulate emissions.

-     Electric grid power shall be used for the dewatering pumps in order to limit noise from diesel generators.

-     The operations shall be conducted in compliance with the County Ordinance Concerning Noise Levels in Unincorporated Larimer County.

-     Noise mitigation measures identified in the Noise Mitigation Plan shall be implemented in conjunction with the operation of the mine.

-     State air emission and stormwater discharge permits shall be maintained during the mining and reclamation operations, and shall be complied with during each of these phases.

L.   The applicant shall comply with all requirements of the County Engineering Department outlined in their comments dated October 13, 2005, including:

-     The provision of Final Construction Plans for review and approval by Staff prior to the commencement of mining operations.

-     The dedication of rights-of-way by deed for County Road 20E.

-     The applicant shall provide for the payment of all required fees including the Transportation Capital Expansion Fee.  The applicant must also obtain all required permits including a Stormwater Construction Permit from the Colorado Department of Health and Environment and a Development Construction Permit from the County.  The applicant shall provide a copy of the State Stormwater Permit to the Engineering Department.

M.  The operator shall provide the Larimer County Planning Department a copy of their annual report to the State that details overall compliance with the stormwater management plan and a copy of the annual report required by the State MLRD.

N.  No parking, loading or unloading of any vehicles is allowed in the County right-of-way.

O.  Trucks shall not back onto or use the County Road for a turnaround.

P.   Larimer County will not issue overweight permits for trucks, and reserves the right to spot check weight on loaded trucks.

Q.  The applicant is responsible for prompt and complete removal of material spilled onto the County roadway.

R.   The applicant shall provide copies of their final mining and reclamation plans to the Western Area Power Administration for review and comment prior to the commencement of off-site hauling operations.

S.   All Saturday haul traffic will turn left on to County Road 20E and head west out of the site.  The applicant will provide flyer notice and post Saturday access restrictions.

T.   The combined permit life for the Bonser and Flying "W" gravel pits shall not exceed 20 years for both gravel pit operations.  Quarrying of the Flying "W" pit shall commence first and the Bonser Pit shall follow.

U.  The final mining plan shall indicate a revised pit boundary, to be moved an additional 100-feet south of the Bonser property line.

V.  The asphalt plant shall operate under the requirements of an air emissions permit issued by the Colorado Department of Public Health and Environment.  The asphalt plant shall use a modern design that limits odors and emissions and conforms to the State's New Source Performance Standards.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Bonser Pit Special Review, File #01-Z1424, with the conditions as recommended by staff and the Planning Commission, and as amended above.

Motion carried 2-1; Commissioner Wagner dissented.

 

Mr. Wheeler stated that the Flying "W" Pit Special Review, File #03-Z1475, was also tabled and the conditions as outlined below must also be approved:  Mr. Wheeler explained that the only change to the conditions is the adjusted permit life of the mining operations to a maximum of 20 years. 

 

A.  This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

B.   The Site shall be developed consistent with the approved plan and with the information contained in the Flying “W” Pit Special Review (File #03-Z1475) except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Flying “W” Pit Special Review.

C.  The applicant shall execute a Development Agreement to be signed by the Board of County Commissioners and recorded with the Larimer County Clerk's Office, before the commencement of any off-site hauling activities and no longer then 3 years after the date of approval.

D.  No operation of the quarry shall occur at any time on weekends, or County recognized weekday holidays.  Monday through Friday hours of operation are limited to the time between 7 am and 5 pm, to include the time for equipment warm-up and staging, and an exception for emergency operations or operations that were imperative based on extraordinary circumstances.

E.   County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.

F.   The applicant must identify all wetland areas on site and provide a Wetlands Mitigation Plan for all disturbed wetland areas for review and approval by Planning Staff prior to commencement of any activity in the wetland areas.  The final site plan shall also identify wildlife habitat areas on or immediately adjacent to the site, and include a 200-foot setback line from these areas.

G.  The applicant must provide a landscape plan for review and approval by Planning Staff, prior to commencement any off-site hauling operations.

H.  The applicant must provide a Weed Control Plan to be reviewed and approved by the County Weed Control District, prior to commencement of off-site hauling operations.

I.    The 47-acre pond shall be designed with both water storage and wildlife values as goals so the bank slopes are consistent with the model provided at the December 21, 2005 Planning Commission hearing, following the Thornton model, supporting plant and wildlife habitat and water storage can occur.  Specific plans for the pit shall be reviewed and approved by Planning Staff prior to any activity on the site.

J.    Reclamation for each pond begin as soon as possible after the completion of mining activities in each 10-acre section and no later then the start of the next growing season.

K.  The applicant shall comply with requirements contained in the October 14, 2005, memo from the County Department of Health and Environment including:

-     The internal haul road between the processing area on the Bonser Pit site and CR 20E shall be paved in order to limit particulate emissions.

-     Electric grid power shall be used for the dewatering pumps in order to limit noise from diesel generators.

-     The operations shall be conducted in compliance with the County Ordinance Concerning Noise Levels in Unincorporated Larimer County.

-     Noise mitigation measures identified in the Noise Mitigation Plan shall be implemented in conjunction with the operation of the mine.

-     State air emission and stormwater discharge permits shall be maintained during the mining and reclamation operations, and shall be complied with during each of these phases.

L.   The applicant shall comply with all requirements of the County Engineering Department outlined in their comments dated October 24, 2005, including:

-     The applicant shall provide a signed and stamped drainage report for review and approval by Staff prior to the commencement of mining operations.

-     The applicant shall monitor the Big Thompson Ponds during dewatering operations.  Any decrease in water levels from the historic values, will be mitigated by pumping from post settling basin waters from the gravel pit, until the historic values are re-established.

-     The applicant shall provide for the payment of all required fees including the Transportation Capital Expansion Fee.  The applicant must also obtain all required permits including a   Stormwater Construction Permit from the Colorado Department of Health and Environment          and a Development Construction Permit from the County.  The applicant shall provide a copy of the State Stormwater permit to the Engineering Department.

M.  The operator shall provide the Larimer County Planning Department a copy of their annual report to the State that details overall compliance with the stormwater management plan and a copy of the annual report required by the State MLRD.

N.  No parking, loading or unloading of any vehicles is allowed in the County right-of-way.

O.  Trucks shall not back onto or use the County Road for a turnaround.

P.   Larimer County will not issue overweight permits for trucks, and reserves the right to spot check weight on loaded trucks.

Q.  The applicant is responsible for prompt and complete removal of material spilled onto the County roadway.

R.   The applicant shall revise the site plan to change the alignment of the haul road so that it does not run immediately next to the property line between the Flying “W” site and the State Wildlife Area to the east of the West Pit.

S.   The combined permit life for the Bonser and Flying "W" gravel pits shall not exceed 20 years for both gravel pit operations.  Quarrying of the Flying "W" pit shall commence first and the Bonser Pit shall follow.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the Flying "W" Pit Special Review, File #03-Z1475, with the conditions recommended by staff and the Planning Commission, and outlined above.

Motion carried 3-0.

 

3.  VAUGHAN LAND USE CODE VIOLATION - #06-CC0036:  This is an alleged violation of the following sections of the Larimer County Land Use Code: 

Section 4.1.10 - regulating uses allowed in R-Residential Zoning Districts (no commercial activities are listed in the uses allowed in R-Residential Zoning Districts and, therefore, are specifically excluded).

Section 4.3.10 - regulating accessory uses and structures that are incidental and subordinate to the principal use/structures.  None of Vaughan’s current uses are allowed as accessory to the residential use.

Section 4.3.10.E. - regulating outside storage of vehicles:  “Only those vehicles that do not qualify as junk vehicles and are owned by the occupant of a single-family dwelling and agricultural equipment may be stored outside on the same lot with the dwelling.  These vehicles and agricultural equipment must be located on the lot such that they will not cause traffic sight obstructions or safety hazards.”

By virtue of establishing a pattern of parking and/or storing outside on the same lot with the principal residence at 4101 S.W. 10th Street in Loveland, Colorado, vehicles taken and used off site for a commercial business, which use has violated the integrity and character of the residential neighborhood, and is not accessory to the residential use of the property.

County staff has been investigating complaints about an alleged zoning violation at the subject address since 2002.  Several complaints have been received alleging that construction equipment is being taken on and off the subject property in the R-Residential Zoning District.  Owner Robert Vaughan has consistently stated the equipment is for personal use only and is not being used to conduct any type of business or commercial enterprise.  Pursuant to website information researched on February 15, 2006, Mr. Vaughan owns and operates a “skidsteer and backhoe service.”  Pursuant to a telephone listing located via website information on February 15, 2006, the telephone number used in the web advertisement for the skidsteer and backhoe business is connected to Mr. Vaughan’s residential address at 4101 10th St. S.W. in Loveland.  There is no evidence of a business office separate and apart from Vaughan’s residential address.

 

In July 2004, the Board of County Commissioners found, based on staff’s investigation of the complaints, that a zoning violation had not been substantiated.  Therefore, no action was pursued against the property owners at that time.  However, staff was directed to continue to monitor the property to ensure commercial vehicles were not being parked, stored and taken on and off the property for business use.

 

The Larimer County Land Use Code does not limit the number or amount of personal property items that can be stored on a lot in an R-Residential Zoning District as long as the items are for personal and not commercial use.  Trailers, automobiles, light trucks, boats, travel trailers, fifth wheels and snowmobiles fit into the personal use category and are permitted as long as they are owned by and registered to the owners of the property.

 

Dump trucks, bobcats, backhoes and one-ton pickups used in a commercial business or activity off premises and then brought to the residential site for parking and/or storage purposes constitutes a commercial use and is not permitted in R-Residential Zoning Districts.  Parking or storage of commercial vehicles of this type need to be moved to a site that is properly zoned for commercial use so as not to affect the residential character of the neighborhood.  Although the owners have not had these types of commercial vehicles parked and/or stored at the subject property on a day-to-day basis, staff finds the owners have established a pattern of bringing in these types of commercial vehicles over a period of four years creating a violation of the Land Use Code. 

 

Staff recommends the Commissioners find that a violation exists, prohibit the parking of commercial vehicles on the property and authorize legal action to remove and impound all commercial vehicles if such vehicles are parked and/or stored on the subject property other than for personal use.  The following vehicles are considered commercial:  dump trucks, bobcats, backhoes and one-ton pickups.

 

Mr. Kadera explained the alleged violations as outlined above.  Mr. Kadera noted that staff has been monitoring this location for quite some time, and that the equipment seems to come and go.   Mr. Kadera presented photos of the property and an advertisement of the property owner's skidsteer and backhoe business. 

 

Erik Fischer, attorney for the property owner, explained that the majority of the complaints are coming from the Homeowner's Association, and that Mr. Vaughan is currently in litigation with the Homeowner's Association.  Mr. Fischer stated that Mr. Vaughan has a storage facility and business located at the junction of Highway 287 and Highway 402; however, he does bring business equipment home during lunch time, and on other occasions to either use it on his property, or to perform maintenance on the equipment.  Mr. Fischer explained that this issue was addressed by the Board of County Commissioners in July of 2004, and found there to be no violation. 

 

Chair Gibson opened up the hearing for public comment and Mary Wall, neighbor, addressed the Board.  Ms. Wall explained that she lives right across the street from Mr. Vaughan and stated that the equipment and the cars are always located on the property.   Dan Littwin, neighbor, also confirmed that the vehicles are located on the property all the time, and that they come and go at all times of the day and night.  Kathy Crow, neighbor, explained that she is concerned with the four large storage trailers on site, as they cast a glare into the neighbor's houses.  Ms. Crow stated that she would like to see the storage trailers removed.  Ms. Wall then presented the Board with three photos she had taken of the property in question.  There was no further public comment.

 

Mr. Fischer stated that he believes the trial concerning the civil litigation will take place within the next 120 days, and asked that the Board postpone making a decision today, and allow the matter to be resolved in the courts.   Mr. Kadera explained that when the Board addressed this issue in 2004, it was at an Administrative Matters meeting, and not a publicized hearing.  He stated that the Board directed staff to continue monitoring the site, which they have continued to do. Commissioner Wagner asked if the storage trailers were also in violation.   Mr. Kadera noted that the trailers Mr. Vaughan is using are currently licensed and are being used to store personal items, which is a permitted use.  

 

Discussion ensued regarding whether or not to allow the courts to decide this matter, as there is already pending litigation in progress.  Commissioner Wagner sympathized with the neighbors and stated that Mr. Vaughan has had ample time to move the equipment and has chosen not to do so.  Commissioner Wagner stated that it is a violation that has been well documented and she supported staff's recommendation. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners find that the owners are in violation of the Larimer County Land Use Code by virtue of parking and/or storing commercial vehicles such as dump trucks, bobcats, backhoes and one-ton pickups for business/commercial use on the subject property which is zoned R-Residential.  The owners must cease bringing such vehicles on and off the property for business/commercial use within 60 days, or legal action is authorized to remove and impound the vehicles.

 

Motion carried 3-0.

 

The hearing adjourned at 5:10 p.m.

 

 

TUESDAY, MARCH 14, 2006

 

ADMINISTRATIVE MATTERS

(# 28)

 

The Board of County Commissioners met at 9:30 a.m. with County Manager Frank Lancaster.  Chair Gibson presided and Commissioners Wagner and Rennels were present.  Also present were:  Donna Hart and Cheri Pineda, Commissioners’ Office; Rob Helmick, and Casey Stewart,  Planning Department; K-Lynn Cameron, Parks and Open Lands Department; Marc Engemoen, Public Works Department; Linda Sanders, Engineering Department; Candice Phippen, Building Code Enforcement; George Hass, and Jeannine Haag, County Attorney's Office; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   There was no public comment.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 6, 2006

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of March 6, 2006, as amended.

 

Motion carried 2-0; Commissioner Rennels abstained.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK OF MARCH 20, 2006:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for March 14, 2006:

 

PETITIONS FOR ABATEMENT:  As recommended by the Assessor, the following Petitions for Abatement are approved:  JOA Feed Lots Inc.; Toolesboro Real Estate, LLC; Poudre Valley Mobile Home Park.

 

03142006A002           HALLIGAN SEAMAN WATER MANAGEMENT PROJECT COOPERATING AGENCY AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE U.S. ARMY CORPS OF ENGINEERS

 

03142006A003           WARRANTY MEMORANDUM FOR CHAPMAN FARMS CONSERVATION DEVELOPMENT, INC., AND CHAPMAN FARMS HOMEOWNER'S ASSOCIATION

 

03142006A004           CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HIGHER EDUCATION, THE COLORADO HISTORICAL SOCIETY, AND THE LARIMER COUNTY PARKS AND OPEN LANDS DEPARTMENT

 

03142006D001           DEED OF DEDICATION BY LINDA K. BEST AND GRETCHEN E. HOPLEY FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

03142006D002           DEED OF DEDICATION BY SANDRA LEE DION FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

03142006D003           DEED OF DEDICATION BY FRIEDHELM ORTMANN AND BRIGITTE ORTMANN FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

03142006R001           RESOLUTION ADOPTING THE LARIMER COUNTY STORMWATER DESIGN STANDARDS

 

MISCELLANEOUS:  Department of Human Services Payments for January 2006; Air Pollution Control Division Colorado Operating Permit; Letter of Support for Workforce Center Funding; Justice Assistance Grant Proposal 2006-2007 and Letter of Support; Colorado Division of Wildlife Impact Assistance Grant Application; Colorado Division of Parks and Outdoor Recreation Impact Assistance Grant Application. 

 

LIQUOR LICENSES:  The following license was issued:  Club Lynx - Tavern - Fort Collins.

 

Motion carried 3-0.

 

5.   SIGN CORRECTED ZONING MAP FOR R9W T71N AND AUTHORIZE REDUCED FEES FOR REZONING REQUEST:  Mr. Helmick presented the revised zoning map for the Hewlett Gulch to correct errors for some parcels that have been classified as E-Estate zoning when they should be classified as FO-Forestry zoning.  Mr. Helmick noted that he had mailed letters to those property owners that will be affected by the correction, and has received some phone calls and e-mails regarding the corrected zoning.  Mr. Helmick further explained that there are 16 affected property owners in this area that will possibly be seeking the opportunity to revert to the O-Open zoning.  He proposed that the Board authorize staff to accept an application for the rezoning of the FO zoned properties with a fee of $125.00.  Some discussion ensued.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve and authorize the Chair to sign the corrected zoning map for R9W T71N and to authorize reduced fees in the amount of $125.00 for the combined total of 16 properties included in the rezoning request.

 

Motion carried 3-0.

 

6.  DETERMINATION REGARDING PLANNING COMMISSION REVIEW OF AN APPEAL TO THE DECISION OF THE PLANNING DIRECTOR:  Mr. Helmick explained that the LaFarge Company is appealing the decision of the Planning Director regarding the need to amend the Special Review approval for the Three Bells Pit.  Mr. Helmick noted that the Planning Director has made the determination that the LaFarge Company must amend the Special Review approval, so that they can re-enter the site.   Mr. Helmick stated that the review process of the appeal does not warrant the input of the Planning Commission and recommended that this appeal be referred directly to the Board of County Commissioners.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners not refer the LaFarge, Inc. appeal regarding the decision on the amended Special Review for the Three Bells Pit to the Planning Commission for review. 

 

Motion carried 3-0.

 

7.  REFERRAL OF SAUNDERS APPEAL TO THE PLANNING COMMISSION:  Mr. Stewart explained that the property owner of this appeal wants to operate a child care center in a detached garage instead of within the single family residence, as required by the Land Use Code.  Mr. Stewart recommended referring this appeal to the Planning Commission for review and comments, as this type of use can have impacts on neighboring properties in the form of increased traffic, and converting a garage to a day care/school facility is a significant change in the use of the building.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners refer the Saunders Appeal to the Planning Commission for review and recommendations.

 

Motion carried 3-0.

 

8.  APPOINTMENT TO THE FAIR BOARD:  Ms. Pineda presented the recommendation for appointment to the Fair Board to fill an unexpired term of a member who resigned in January.  Commissioner Rennels explained that she had recommended Harley Leverenz be considered as an alternate member should the need arise; however, alternate members are not appointed.   

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioner approve the appointment of Todd Neiberger to the Fair Board to fill an unexpired term effective March 14, 2006, through November 30, 2006.

 

Motion carried 3-0.

 

9. SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (IGA) CONCERNING THE FOSSIL CREEK RESERVOIR AREA:   Ms. Cameron explained that during the discussion last week regarding this issue, Chair Gibson had requested a letter from the City of Fort Collins regarding their intent to annex this property.  Ms. Cameron presented a letter from the City Manager which states that they hope to complete this process within 2006; however, the management of the property will not be transferred until 2010.  Chair Gibson asked about the ownership of the property after 2010, noting that the IGA seems to indicate that ownership will also be transferred.  Ms. Cameron stated that Larimer County will still maintain partial ownership of the property for the sole purpose of having input on the management of the area. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the Second Amendment to the Intergovernmental Agreement Concerning the Fossil Creek Reservoir Area Property. 

 

Motion carried 3-0.

 

03142006A001           SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT CONCERNING THE FOSSIL CREEK RESERVOIR AREA PROPERTIES

 

10.  BOARD DISCUSSION OF UNITED STATES FOREST SERVICE ROADLESS AREAS REVIEW:  Mr. Lancaster explained that the Colorado Roadless Areas Review Task Force will be holding a meeting on Friday, March 17, 2006, and have requested Commissioner Rennels to speak at this meeting.  Mr. Lancaster and Commissioner Rennels stated that this is short notice for an issue that can largely impact land use plans and development in certain areas.   Some discussion ensued and the Board was not in favor of commenting on this issue at this time; however, they directed Mr. Lancaster to inform the task force that Larimer County is interested in this issue and would like to be kept informed as discussions progress.

 

11.   RESOLUTION APPROVING A STANDARDIZED FORMAT FOR BYLAWS GOVERNING ADVISORY BOARDS IN BOTH EXISTING AND FUTURE PUBLIC AND GENERAL IMPROVEMENT DISTRICTS (PID/GID):  Mr. Engemoen stated that there are approximately 23 PID's and GID's in Larimer County, yet there has never been a standardized format for the bylaws that govern these improvement districts.  He presented a template that will clarify the roles and responsibilities of a PID or a GID Advisory Board, to more clearly identify the requirements for notification of public meetings and other board activities.  The Board agreed that standardized bylaws would be beneficial and thanked Mr. Engemoen and Ms. Sanders for their efforts in establishing the template.  

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the resolution that establishes a standardized format of bylaws for Public and General Improvement District Advisory Boards.

 

Motion carried 3-0.

 

03142006R002           RESOLUTION APPROVING STANDARDIZED BYLAWS FOR LARIMER COUNTY PUBLIC AND GENERAL IMPROVEMENT DISTRICT ADVISORY BOARDS

 

12.  COMMISSIONER REPORTS:  The Board discussed their attendance at events during the past week. 

 

13.  EXECUTIVE SESSION REGARDING LAND PURCHASE NEGOTIATIONS:  (Tape #31)

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners go into Executive Session for Purchase, Acquisition, Lease, Transfer, or Sale of Any Real or Personal Property Interest, as outlined in 24-6-402-(4) (a) C.R.S.

 

Motion carried 3-0.

 

The Executive Session ended with no action taken. 

 

14.  EXECUTIVE SESSION:   (Affidavit Provided.)

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session for the purpose of receiving advice on specific legal questions. 

 

Motion carried 3-0.

 

The Executive Session ended at 11:15 a.m., with no further action taken.

 

LIQUOR LICENSE HEARING FOR

MOUNTAIN VISTA GREENS

(#32)

 

The Board of County Commissioners reconvened at 1:30 p.m. with Bill Ressue, Assistant County Attorney.  Chair Gibson presided and Commissioner Wagner was present.  Also present were:  Matt O'Dell, applicant; Ben Salmeron, Court Reporter; and Gael Cookman, Deputy Clerk.

 

Mr. Ressue explained the purpose of the hearing is to consider the application for an Optional Premises Liquor License for O'Dell's Golf Inc., dba Mountain Vista Greens, located at 2808 NE Frontage Road, Fort Collins, Colorado.  Mr. Ressue noted for the record that the applicant recently held a liquor license at this location; however, due to a misunderstanding of the renewal process the license expired.  Mr. Ressue stated that the Board of County Commissioners has waived the petitioning process, the background checks and the county fees associated with this application. 

 

The applicant, Mr. Matt O'Dell, presented the following exhibits:  Exhibit 1 - photos of notice posted on the premises informing the public of the pending application for a liquor license; and Exhibit 2 - New Employee Expectations for Mountain Vista Greens.  Mr. Ressue asked if Mr. O'Dell has familiarized himself with the liquor license laws of Colorado and how he intends to handle intoxicated patrons.   Mr. O'Dell stated that he has been in the restaurant industry for 15 years and has been Training for Intervention (TIP's) trained.  He further stated that all of his employees are TIP's trained and that he has zero tolerance for intoxication.  Mr. O'Dell stated that he has never had a liquor violation in all the years he has been conducting alcohol sales.    

For the record, Mr. Ressue noted that there was no one present in opposition of this license.  Commissioner Wagner stated that Mr. O'Dell had to be cautious as when patrons leave the Mountain Vista Greens golf course they exit on to I-25.  Mr. O'Dell agreed and stated that he is very aware of this fact.   

MOTION

Commissioner Wagner moved that the Board of County Commissioners approve the application for an Optional Premises Liquor License for O'Dell Golf, LLC., dba Mountain Vista Greens, located at 2808 NE Frontage Road, Fort Collins, Colorado. 

Motion carried 2-0.

The hearing adjourned at 1:40 p.m.

 

ABATEMENT HEARINGS

(#32)

 

The Board of County Commissioners reconvened at 2:00 p.m. with Christine Murray, Senior Appraiser.  Chair Gibson presided and Commissioner Wagner was present.  Also present were:  Jody Masters, Senior Appraiser; and Gael Cookman, Deputy Clerk.

 

Chair Gibson noted for the record that the petitioner, Fred Zeigler, was not in attendance at the hearing.

 

1.  ABATEMENT HEARING FOR WSZ, LLC, c/o           FRED ZIEGLER, SCHEDULE NUMBERS 1622894, 162896, 1622897, 1622898, 1622899:  Ms. Murray explained that the property involved are five parcels in the Coal Creek Center in Wellington, and includes vacant land.   Ms. Murray explained the data collected, noting that the "present worth" method is used to discount the vacant properties within a subdivision until the subdivision reaches 80% of the lots sold.  She stated that the law dictates they use the present worth method as a means to allow developers time to build the infrastructure, such as installation of streets, curbs, and gutter, utilities, etc.  Ms. Murray explained that the values set for the five properties combined amount to $93,209; and stated that the value is more than fair.  She asked the Board to uphold the assessed values.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners deny the Petition for Abatement for WSZ, LLC, c/o Fred Ziegler, Schedule Numbers: 1622894, 1622896, 1622897, 1622898, 1622899, for tax years 2003 and 2004.

Motion carried 2-0.

 

Ms. Murray stated that the same methodology was used to calculate the values for 2005, noting that the values did increase, as sales were made within the area.  Ms. Murray explained that the 2005 combined values of the properties was $186,550 as asked the Board to uphold the assessed values.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners deny the Petition for Abatement for WSZ, LLC, c/o Fred Ziegler, Schedule Numbers: 1622894, 1622896, 1622897, 1622898, and 1622899, for tax year 2005.

Motion carried 2-0.

 

2.  ABATEMENT HEARING FOR ZWZ, LLC, c/o FRED ZIEGLER, SCHEDULE NUMBERS 1621846, 1621847, AND 1621848:  In tax year 2003, the 3 lots were at a minimum value of $500 each because the plat was recorded mid-year. Ms. Murray explained that the properties are located in The Knolls at Wellington South, and that the same methodology was used to determine the values for these properties.  She explained that the present worth for these properties was set at $0.23 per square foot; which represents a fair value for the properties in tax year 2004.  Total value in 2004 was $255,200.  The 2005 value increased to a total value of $329,336 due to a new data collection period and present worth absorption factor.  Parcel 1621847 became exempt on December 12, 2005, as this parcel was sold to the Poudre School District.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners deny the Petition for Abatement for ZWZ, LLC, c/o Fred Ziegler, Schedule Numbers:  1621846, 1621847, and 1621848, for tax years 2003, 2004, and 2005.

Motion carried 2-0.

 

3.  ABATEMENT HEARING FOR TRADEWINDS DEVELOPMENT c/o FRED ZIEGLER, RE:  ALL PARCELS IN COLUMBINE ESTATES OF WELLINGTON SOUTH:  Ms. Masters explained that the plat for the Tradewinds Development was filed and recorded in 2003 and includes 309 lots, 7 tracks, and 5 out lots.  She noted that there has been no major development occurring, so the properties have remained classified as agricultural land.  Ms. Masters requested the ability to reclassify the land to raw land; however, Chair Gibson stated that since the petitioner was not present, they should not consider any type of a reclassification.  Ms. Masters stated that they have an extremely low value on the properties, and asked the Board to uphold the assessed values. 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners deny the Petition for Abatement for Tradewinds Development c/o Fred Ziegler, for all parcels in Columbine Estates of Wellington South under the name of ZWZ, LLC, and then transferred to Tradewinds Development, for tax years 2003, 2004, and 2005.

Motion carried 2-0.

 

4.  ABATEMENT HEARING FOR ZWZ, LLC, c/o FRED ZIEGLER REGARDING MULTIPLE LOTS IN THE KNOLLS AT WELLINGTON SOUTH (2003 TAX YEAR):  Ms. Masters presented a map of the development and explained that in 2003 there were no sales to compare within the development so they had to use sales in the Wellington Pointe subdivision, and further utilized the discounted market values.  She presented a spreadsheet of the values for 2003 and asked the Board to uphold the same.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners deny the Petition for Abatement for ZWZ, LLC, c/o Fred Ziegler, regarding multiple lots in The Knolls at Wellington South, for tax year 2003. 

Motion carried 2-0.

 

4.  ABATEMENT HEARING FOR ZWZ, LLC, c/o FRED ZIEGLER REGARDING MULTIPLE LOTS IN THE KNOLLS AT WELLINGTON SOUTH (2005 TAX YEAR):  Ms. Masters explained that in 2005 there were sales to compare within The Knolls development, and they were still discounted using the present worth method.  Most of the subdivision is completely developed and valued at a discounted market value.  A few lots in the southeast corner are still only 75% complete and were valued at 75% of market value and then discounted.  Ms. Masters requested the Board to uphold the assessed valued for 2005.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners deny the Petition for Abatement for ZWZ, LLC, c/o Fred Ziegler, regarding multiple lots in The Knolls at Wellington South, for tax year 2005. 

Motion carried 2-0.

 

5. ABATEMENT HEARING FOR ZWZ, LLC, c/o FRED ZIEGLER REGARDING MULTIPLE LOTS IN THE KNOLLS AT WELLINGTON SOUTH (2004 TAX YEAR):  Ms. Masters explained that the level of development increased in 2004; however, all lots were valued at the 2003 discounted market value.  Ms. Masters stated that the outlots should have been valued as raw land at a dollar per acre valuation in 2003, and explained that this was corrected in 2004.   Ms. Masters requested the Board to uphold the assessed valued for 2004.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners deny the Petition for Abatement for ZWZ, LLC, c/o Fred Ziegler, regarding multiple lots in The Knolls at Wellington South, for tax year 2004. 

Motion carried 2-0.

 

The hearing adjourned at 3:05 p.m.

 

    __________________________________________

                        GLENN W. GIBSON, 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.