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 MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, JUNE 12, 2006

 LAND USE HEARING

(#65)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Gibson presided, and Commissioners Wagner and Rennels were present.  Also present were Matt Lafferty, Samantha Mott, and Karin Madson, Planning Department; Doug Ryan, Environmental Health Department; Matt Johnson and Christie Coleman, Engineering Department; Jeannine Haag, Assistant County Attorney; and Kristen Romary, 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 explained that Item 1, regarding the Kromer Zoning Violation, and Item 2, regarding the American Dog School Minor Special Review - #06-Z1587, were being removed from the agenda.  A member of the audience questioned why Item 2 was being removed, and Mr. Helmick explained that this item would be rescheduled once staff resolves some outstanding issues regarding the proposal.  Chair Gibson explained that Items 3 through 7 were on consent and would not be discussed unless requested by the Board, staff, or members of the audience. 

 

3. CRYSTAL LAKES 15TH LOTS 90 AND 91 LOT CONSOLIDATION/EASEMENT VACATION - #06-S2565:  This is a request to combine two lots into one, in the Crystal Lakes Subdivision 15th Filing.  This application also requests the vacation of the utility easement located on the common lot line of the subject lots. 

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 and the Larimer County Engineering Department Development Review Team.

The proposed Lot Consolidation of Crystal Lakes 15th Filing for Lots 90 and 91 and easement vacation will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation 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 Lot Consolidation for Crystal Lakes Subdivision 15th Filing Lots 90 and 91 and the vacation of the 20 foot utility easement located on the common lot line subject to the following conditions:

1.   All conditions shall be met and the final resolution of the County Commissioners recorded by December 12, 2006, or this approval shall be null and void.

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

3.   The vacation of the utility easement and the consolidation of the lots shall be finalized at such time when the Findings and Resolution of the County Commissioners is recorded.

 

4.  EARL BROWN EXEMPTION TRACT A AND B AMENDED PLAT - #06-S2561:  This is a request for an amended plat to reconfigure the boundary line between Tract A and Parcel B of the Earl Brown Exemptions (File # 61-75-EX and 102-76-EX) and to vacate a portion of County Road 20 right-of-way.

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 Loveland Rural Fire Protection District had no comments; Dale Greer, Land Surveyor of the Larimer County Engineering Department identified several required corrections to the plat;  and the Larimer County Engineering Department provided comments regarding the right-of-way vacation, possible ditch easements, and floodplain issues.  Staff finds that this request meets the requirements of the Larimer County Land Use Code.

The Development Services Team recommends approval of the Amended Plat of Tract A & Parcel B of the Earl Brown Exemptions and Right-of-Way Vacation, subject to the following conditions 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 December 12, 2006, or this approval shall be null and void.

2.   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 April 21, 2006.

3.   Prior to recordation of the Final Plat the applicant shall address the following comment from the Larimer County Engineering Department, in Matt Johnson’s letter dated April 26, 2006:  A portion of the northwest area of Lot 1 is within the Dry Creek floodplain.  The applicant needs to have that area drawn on the amended plat and labeled as the “approximate 100 year floodplain limits.”  The applicant can refer to the enclosed Dry Creek Floodplain map as a basis for showing the approximate floodplain delineation on the amended plat.  The following note must also be added to the final plat; “This area is subject to floodplain regulations at the time of any building permit application.” 

4.   The Final Plat shall be revised to include a signature block for all lien holders of both properties.

 

5.  LUBIN MINOR LAND DIVISION - #06-S2558:  This is a request to create a Minor Land Division to generate two single family lots from a thirty-five acre parcel with two existing legal residential units with separate utilities.  The property is located on the east side of County Road 9, less than one-half mile north of County Road 72 in the Wellington area.  The property currently contains two separate legal residential units.  Two single family dwellings were approved to be on one parcel by the Board of Adjustment on October 28, 2003, (File # 03-BOA0423).  The applicant requests a Minor Land Division to divide the property in order to create two separate lots, one for each residential unit.  The new lot sizes will be approximately 16.629 and 17.941 acres.  Each residential unit has separate utilities, septic systems, and other services. 

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; Dale Greer, Land Surveyor of the Larimer County Engineering Department, identified several required corrections to the plat as well as supplemental information that must be provided; The Larimer County Engineering Department provided comments regarding corrections to the plat as well as access issues and drainage patterns; The Larimer County Planning & Building Department  provided additional information in a letter.  The proposed Minor Land Division is consistent with the purpose and intent of the Minor Land Division process as contained in Section 5.4.3 of the Larimer County Land Use Code.  The purpose is to create two separate lots which will each contain single family residences with separate utilities.

The Development Services Team Recommends approval of the Lubin Minor Land Division subject to the following conditions 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 November 23, 2006, or this approval shall be null and void.
  2. Prior to the recordation of the MLD Plat, the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department, as well as provide the supplemental information requested in his letter.
  3. Prior to recordation of the Final Plat, the applicant shall address the following comments from the Larimer County Engineering Department; This project will access off of LCR 9.  The Larimer County Transportation Plan, adopted in September of 2000, functionally classifies LCR 9 as a minor collector that requires a 100 foot right-of-way.  Therefore, the applicant is responsible for the 50 foot half right-of-way.  The final plat needs to delineate the existing and proposed dedicated right-of-way necessary to satisfy this requirement.  Also, this office recommends that a maintenance agreement for the proposed access easement be created for the owners of both lots as part of this MLD.
  4. The address for Lot 2 will remain 13118 North County Road 9, and the new address for Lot 1 will be determined by the Larimer County Planning & Building Department.

 

6.  HERSH MINOR LAND DIVISION - #06-S2554:  This is a request for approval of a Minor Land Division to subdivide 27.5 acres into a single family residential lot and a non-buildable lot.  Concurrent with this application, there will be an amended plat of this MLD, and the adjoining Hersh Minor Residential Development (MRD) to reconfigure sites to place all City open lands parcels into a single lot.  Approval of this request will create a residential lot of 5.19 acres and a non-buildable lot of 22.3 acres, as allowed by the MLD requirements.  For reference, this property is located to the south and west of the Hersh Minor Residential Development (an MRD which received approval from the County in 1999).  In addition, the same family owned both the MRD property and this site until the City purchased all of the land as part of their open space acquisition program.  If this MLD is approved, the City’s intent is to reconfigure and combine the MLD and MRD lots into a single plat.  The resulting amended MRD would create a larger, single open space parcel.  The number of residential lots will not increase, but approval of the amended MRD will reduce their size, and land from the larger residential lot will be added to the non-buildable lot.

There have been no objections by staff members from the County Planning, Engineering and Health departments regarding the proposed Minor Land Division.  The Engineering Department did note some minor technical items on the survey that need to be corrected before the plat can be recorded.  In addition, staff referred the application to outside reviewing agencies including the Poudre Fire Authority and the affected utility companies.  Outside agents contacted by staff members regarding this MLD did not object to its approval.  The Fort Collins-Loveland Water District did note that the applicant must pay for the extension of an 8-inch water line along Midway Drive from Shields Street to provide service to the proposed MLD. 

The staff’s assessment of this project is that it satisfies the requirements for a Minor Land Division.  The result will not increase the number of allowed residential uses already permitted at the site.  It will also increase the size of open space land for use by the general public.  There were no individuals or agencies that contacted staff to object to this application.  Based on this assessment, staff supports approval of the Hersh Minor Land Division.

The Development Services Team recommends approval of the Hersh Minor Land Division subject to the following conditions 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 November 12, 2006, or this approval shall be null and void.
  2. The following fees shall be collected at building permit issuance for new single family dwellings:  Larimer County fee for County and Regional Transportation Capital Expansion, as applied by the County Engineer.  The fee amount that is current at the time of the building permit application shall apply.
  3. Lot 1 of the Hersh Minor Land Division shall remain undeveloped and no building permits will be accepted until such time when a development review application is approved and recorded for a new principal use.  This note shall be added to the final plat for the Hersh Minor Land Division.
  4. The applicant shall extend an 8” water line from Shields Street to the west to provide service to the Minor Land Division, and is responsible for all costs associated with the extension.

 

7.  HERSH MINOR LAND DIVISION/MINOR RESIDENTIAL DEVELOPMENT AMENDED PLAT - #06-S2555:  This is a request from the City of Fort Collins to gain approval to combine and reconfigure all lots contained within the Hersh Minor Land Division (MLD) and the Hersh Minor Residential Development (MRD).  Approval will result in an Amended Minor Residential Development Plat.  The intent of this Amended MLD/MRD Plat is to reduce the size of the residential lots, and to consolidate the non-buildable lots into a larger single parcel.  If the request is approved, this larger non-buildable lot will be added to the City’s Kathy Frome Open Space area.  For reference, this property is located to the north and east of the property under concurrent review as the Hersh Minor Land Division.  The same family owned both the MLD property and this site until the City purchased all of the land as part of their open space acquisition program. 

There were no objections by staff members from the County Planning Department and, Engineering and Health Department on the proposed Minor Land Division.  The Engineering Department did indicate that the extension of Midway Drive must be designed to provide safe and adequate access to Lots 1, 2 and 3 of the Amended Plat.  The Engineering Department also noted some minor technical items on the survey that need to be corrected before the plat can be recorded.  In addition, staff referred the application to outside reviewing agencies including the Poudre Fire Authority and the affected utility companies.  No outside agents contacted staff regarding the MLD objecting to its approval.

The Development Services Team recommends approval of the Amended Plat of the Hersh Minor Residential Development and the Hersh Minor Land Division subject to the following conditions, 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 November 12, 2006, or this approval shall be null and void.
  2. The Larimer County fees for County and Regional Transportation Capital Expansion shall be collected at building permit issuance for new single family dwellings.  The fee amount that is current at the time of building permit application shall apply, and fees that are not applicable will be removed.
  3. Lot 4 of the Amended Plat of the Hersh Minor Residential Development and the Hersh Minor Land Division shall remain undeveloped, and no building permits will be accepted until such a time when a development review application is approved and recorded for a new principle use.  This note shall be added to the final amended plat.
  4. All technical corrections to the final plat required by the County Engineering Department shall be made prior to recording the final plat.
  5. The applicant shall satisfy the requirements of the County Engineering Department in the memo dated April 17, 2006, that indicated the following:
    1. Within 6 months of approval of the Amended Plat, the applicant shall provide detailed construction plans for review and approval by the County Engineer, for the extension of Midway Drive to the west of Bruce Lane to provide access to Lots 1, 2 and 3 of the amended plat.
    2. The applicant will obtain an Access/Utility Permit from the County Engineer prior to the commencement of work required for improvements at the site.
    3. The owners of Lots 1, 2 and 3 shall participate in a road maintenance program if one exists for the neighborhood.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve Items 3 through 7 as listed on the Consent Agenda and outlined above.

Motion carried 3-0.

 

8.  SPARKS APPEAL - #06-G0112:  This is a request for an appeal to Section 4.8.9.C of the Larimer County Land Use Code to allow an expansion of a non-conforming use by constructing a storage building adjacent to the existing facility.  The subject site has been a non-conforming use since the County adopted zoning districts in 1963.  Currently, the use of the site is for Alpine Koi and Homescapes, which sells merchandise for landscape ponds.  There is a need to store bulky materials and supplies that tend to consume retail space, and for this reason the applicant has approached the County regarding a storage building addition that would free up retail space in the existing facility by allowing storage of bulk materials.  Since the site is non-conforming, the applicant was informed that rezoning the property would be necessary to allow for commercial uses consistent with the East Mulberry Plan, however, due to the expense of a rezoning application, the applicant is requesting to expand the use without rezoning, which is the basis of this application. 

 

With regards to the suggested rezoning application, the site is within the Fort Collins Growth Management Area boundaries, as well as within the East Mulberry Corridor Planning Area, both of which support the idea of rezoning to commercial use.  However, evaluation of the site in light of the East Mulberry Corridor Plan reveals that the long term objective for the Plan area includes relocation of the Highway 14 Frontage Road through the subject site.  As a result of these long term objectives, it does not seem prudent to rezone the property at this time as the long term improvements proposed by the East Mulberry Corridor Plan may make this site un-developable.  Therefore, to avoid a costly process as well as elaborate and expensive improvements to the site that may make it unusable, the applicant is requesting that they be allowed to add a storage building to the site without having to rezone the property.  The advantage of this plan is that the property can continue to be utilized for limited retail commercial uses, while minimizing the public costs of future acquisition of the site for road improvement.

 

Mr. Lafferty, of the Planning Department, stated that the main objective of this issue is to get the applicant to conform to the Land Use regulations, however, an appeal is more appropriate in this case due to the possible Frontage Road maintenance matter.

 

Casey Sparks, applicant, addressed the Board and assured them that he is willing to follow the application procedures if necessary, but was hoping to save time and money by going through with the appeals process instead.

 

The Development Services Team recommends that the Board of County Commissioners approve the Sparks Appeal to Section 4.8.9.C of the Larimer County Land Use Code to allow expansion of the Alpine Koi and Homescapes by adding a detached storage building subject to the following conditions:

  1. Prior to the acceptance of a building permit for the detached storage building, the applicant shall receive approval of a Site Plan Review application.
  2. The detached storage building shall be used only for storage of items related to the existing business, and shall not be used for retail purposes.
  3. The design and construction of the storage building shall maintain the character of the existing building on the property by incorporating a similar scale and similar building materials such as windows, doors, siding and shingles.  The architectural character of the storage building shall be reviewed and approved by the Planning Department as part of the Site Plan Review process.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Sparks Appeal to Section 4.8.9.C of the Larimer County Land Use Code to allow expansion of the Alpine Koi and Homescapes by adding a detached storage building subject to the conditions of the Development Services Team.

Motion carried 3-0.

 

9.  OLD BERTHOUD HOMESTEAD MINOR LAND DIVISION APPEAL - #06-G0113:  This is a request to Appeal to Section 5.4 (Minor Land Division) of the Larimer County Land use Code to use the MLD process to divide a Minor Residential Development (MRD) Lot with two existing residences into two lots, each with a residence. The 152 acre property currently contains 2 dwellings.  The applicant proposes to separate the two houses so that each is on a separate parcel.  The new lots will be 84.27 acres and 68.21 acres.

Ms. Madson addressed the Board and gave some additional background on the property.  She stated that it was not part of a previous land division.

Jolinda Wilson, applicant, addressed the Board and said that the reason for the appeal was to keep the land in the family and maintain an old family promise.

The Development Services Team recommends approval of the Old Berthoud Homestead Minor Land Division Appeal to allow the use of the Minor Land Division process to separate two existing dwellings.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioner approve the Old Berthoud Homestead Minor Land Division Appeal.

Motion carried 3-0.

 

10.  OLD BERTHOUD HOMESTEAD MINOR LAND DIVISION - #06-S2563:  This is a request to approve the Old Berthoud Homestead Minor Land Division which would divide a 152.48 acre parcel into two lots with existing dwellings.  Ms. Madson stated that the reason for this agenda item was to follow the appeal process procedures.

The following Larimer County agencies have stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment did not have concern with the proposal; The Land Surveyor of the Larimer County Engineering Department noted several corrections required; The Engineering Department provided comments regarding access, right-of-way dedication requirements, street naming, and Buckhorn Creek.

The Development Services Team recommends Approval of the Old Berthoud Homestead Minor Land Division subject to the following conditions 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 December 12, 2006, or this approval shall be null and void.
  2. Prior to the recordation of the Final Plat, the applicant shall revise the plat so that the Lots 1 & 2 to be exclusive of the LCR 4E and LCR 15A rights-of-way.
  3. Prior to the recordation of the Final Plat, the applicant shall revise the plat to include the “approximate limits of the 100 year floodplain of the Little Thompson River” as required by Matt Johnson, Development Services Engineer in his memo dated May 10, 2006.
  4. 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 May 26, 2006.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioner approve the Old Berthoud Homestead Minor Land Division subject to the conditions outlined above.

Motion carried 3-0.

 

The hearing recessed at 3:15 p.m.

 

LAND USE HEARING

(#65 & 66)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Rob Helmick, Principal Planner.  Chair Gibson presided and Commissioners Wagner and Rennels were present.  Also present were: David Karan, Planning Department; Traci Downs, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, Assistant County Attorney; and Kristen Romary and Gael Cookman, Deputy Clerks.

 

1.  BLUE MOON MOUNTAIN RANCH AMENDED SPECIAL REVIEW - #04-Z1550:  This is a request to amend the Double L Ranch Special Review approval (File # 92-MZ0186) for a residential camp providing experiential outdoor learning experiences. 

Pat Frysinger, representing the North Rim Road Association, has requested that the Board of County Commissioners table this item; however, staff does not support this request.  The attorney for the North Rim Road Association, Bob Penny, sent a letter to the Commissioners in which he outlined the following unresolved issues:

Item 1: Closure of North Rim Road – The National Forest Service (NFS) is preparing an official position on this issue; however, NFS staff have indicated that the agency will not close the road or revoke the existing easement.

Item 2: Process: Mr. Penny states in his letter that this submittal should be a full Special Review rather than an “Amended Special Review.”  At the hearing, Mr. Helmick explained that the current project was an amendment to the Special Review in 1993 that anticipated a fairly intensive use on the property.  There was an expiration associated with the original Special Review; however, there was also documentation of a use established on the property consistent with the approval.  The Development Services Team members have subjected this review to the same level as that of a full Special Review.

Item 3: For safety reasons, Mr. Frysinger would like a specific condition of approval prohibiting the use of “school buses” in conjunction with the residential camp.  Staff has no objection to prohibiting school buses should an unambiguous definition be provided.  In fact, staff is including an alternative recommendation for conditions of approval, should the Board of County Commissioners choose to adopt this condition. 

The submittal is a Special Review for an amendment to the Double L Ranch Special Review (File #92-MZ0186) to allow an outdoor education camp on approximately 142 acres.  The property is known as the Blue Mountain Ranch (previously known as Double L Ranch).  On April 19, 2006, the Larimer County Planning Commission considered this proposal and unanimously voted to recommend approval to the Board of County Commissioners based on the conditions recommended by staff.  Staff has considered objections and has responded to issues.  Staff has no comment on Mr. Frysinger’s issues concerning the cost of liability insurance, as this issue is outside staff’s purview in implementing the Larimer County Land Use Code.

Planning Commission and the Development Services Team recommend approval of the Blue Moon Mountain Ranch Amended Special Review based on the following conditions:

 

A.   Residential camp use throughout the life of this Special Review approval:

 

  1. The applicant shall provide a Development Agreement for review and approval by the Board of County Commissioners prior to October 1, 2007.
  2. The maximum routine camp population may not exceed 30 people.  An exception is that Educo may host a by-invitation-only gathering, which may have up to 50 people, up to 3 times within a calendar year.  If this is the case, Educo would bring in additional restroom facilities and would cater food to the property.  Educo will develop and implement a system for tracking daily attendance and provide the Larimer County Planning Department a brief annual report which provides these counts within 15 days of the end of the calendar year (i.e. January 15). 
  3. The site shall be developed consistent with the approved plan and with the information contained in the Blue Moon Ranch Amended Special Review (File #05-Z1550), except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other representations and commitments of record for the Blue Moon Ranch Amended Special Review.
  4. All improvements will conform to plans and approvals as indicated in File #05-Z1550.
  5. Staff and students in activities on Blue Moon Mountain Ranch will be transported to and from the premises using motor vehicles no larger than a 15-passenger van.  Exceptions may be made in case of fire fighting, emergency response, and vehicles involved in evacuation during wild fire or other emergency events, as discussed in the Emergency Management Plan.
  6. Should construction or operations commence without fulfilling these conditions, the County Commissioners authorizes the County Attorney to pursue legal action.

 

B.   Prior to start of youth camp operations for the 2007 season:

 

1.   Educo will obtain a Residential Children’s Camp license from the Colorado Department of Human Services.

2.   A County permit for private road construction is required.  The access from North Rim Road must meet the requirements of Appendix G of the Larimer County Road Manual (LCRM).  In the event that strict compliance with such standards cannot be reasonable accomplished, deviations or alternatives may be permitted only if approved by the Larimer County Engineering Department.

3.   Plans must be approved for the food service, water supply and sewage disposal systems, and final construction approval shall be obtained from the Larimer County Department of Health and Environment.

4.   A 2000 gallon tank to supply water for consumption, hygiene and fire fighting will be installed and certified by the applicant’s engineer.

5.   A Forest Management Plan will be submitted to the Colorado State Forest Service prior to the start of operation for later approval.

6.   Manuals and field notes for Wildfire and Emergency Evacuation plans will be submitted to the Planning Department as proposed.

 

C.   Residential Camp use starting January 1, 2008:

 

In addition to meeting the above conditions, staff recommends the following conditions of approval for operation in 2008 and beyond.  Prior to the start of 2008 camp operations:

  1. A Development Agreement must be approved by the County Attorney, and the County Planning, Health, and Engineering Departments, and be recorded by the Larimer County Clerk and Recorder.
  2. All improvements will conform to plans and approvals as indicated in File #05-Z1550.
  3. A Forest Management Plan will be approved by the Colorado State Forest Service.
  4. Plans for proposed future improvements including, but not limited to, expansion to 50 person capacity (water supply, sewage disposal, and food service preparation), five additional sleeping yurts, and a recreation/education center building, must be approved through the County Site Plan Process (LCLUC Section 6.0) prior to construction of said facilities.  All buildings will be contained in the 5-acre area shown on the site plan contained in the file.
  5. Transportation Capital Expansion fees will be paid within 90 days of the recording of the Special Review Development Agreement.
  6. Any areas disturbed by site construction must be restored to meet or exceed the historic conditions.
  7. The North Rim Road Association is responsible for maintenance of the North Rim Road, which serves as access for numerous property owners in the vicinity of the subject property.  The owner must continue to participate in the North Rim Road Association along with other property owners and members in the manner prescribed by the Association and its controlling organizational documents.
  8. Expansion of use to more than a total of 50 students and staff on any given day will require a new Special Review Amendment or full Special Review approval.
  9. Before building permits are issued for future improvements an additional Site Plan Review approval will also be required.

 

Mr. Karan briefly presented the history of the application, as outlined above.  He noted that the applicant is behind on the schedule originally presented; therefore, all the dates mentioned above have been changed to reflect the actual timeline that will be used to implement the Residential Camp.  Mr. Karan then asked if the Board wished to table this item, based upon Mr. Frysinger’s request. 

Mr. Penny described the concerns of the neighboring community, as noted above.  Discussion ensued regarding whether or not to table the hearing.  The Commissioners decided to continue with the hearing, as use of the road will become a civil matter if the applicant and the North Rim Road Association cannot come to terms.

Shane Butterfield, Director of Educo, addressed the Board and explained the history of the camp and purpose of Educo.  Dave Sitzman, a member of the Board of Directors of Educo, noted that they are not changing the use of the facility, they merely wish to “right the wrongs” that they have discovered with the assistance of County Staff.  Brad March, Attorney for the Wilkins Trust, explained the confusion regarding the yurts being considered semi-permanent structures.  Mr. March stated that a yurt is basically a tent, and that tents must be taken down yearly; however, they did obtain permission to leave the yurt year-round, which is why it is considered semi-permanent. 

Chair Gibson opened up the hearing for public comment.   Bob Penny presented an overview as to why the North Rim Road Association is opposed to the Amended Special Review.  Mr. Penny explained that the original Special Review has expired and the zoning no longer allows the camping use on the property.  Mr. Penny stated that the use is not compatible with the surrounding neighborhood, as it is the only commercial business in the area.  Mr. Penny also presented a letter from Michael Brouwer, a local realtor, which states that in Mr. Brouwer’s opinion and experience, the value of the homes in this area will be compromised if the Residential Camp is approved.   

Pat Frysinger, President of the North Rim Road Association, presented a copy of a letter that was sent to the applicant, on behalf of the North Rim Road Association, instructing the applicant to cease all non-residential use of North Rim Road, effective immediately.  Mr. Frysinger stated the concerns of property owners as follows:  1. They will see a decrease in property values.  2.  Approval could set precedence for other land owners to petition the County for a similar use.  3.  Educo may gradually expand the use.  4.  The use is incompatible with the surrounding community.  5.  Approval will cause additional wear and tear on a private road.  6.  There will be liability issues for the property owners.  Mr. Frysinger asked the Board to deny the proposal.

Carl Gross, neighbor, stated concerns with potential liability and decreasing property values.  Mr. Gross stated that the roads are not suitable for the proposed buses or vans to transport individuals to and from the site.

Roger Sorenson, neighbor, stated that the road is not wide enough in certain areas to accommodate buses, and that the drop-off in areas can be between 30-50 feet.  Mr. Sorenson stated that the liability falls on the property owners and asked the Board to deny the request.

Casey Webber, neighbor, explained a situation in which a child became separated from the camping group and ended up knocking on her door.  Ms. Webber stated that the project itself is a good thing, it is just located in the wrong place.

Leslie Roy, neighbor, also expressed concern with the potential liability.  Ms. Roy stated that she has witnessed drivers on the road that are untrained to drive in this area.

 

Chair Gibson close public comment.

 

Mr. March stated that they appreciate the neighbors concerns; however, it has been an on-going use since 1993, and Educo has a deeded right to use the road since 1994.  Mr. March further noted that Educo has been paying fees/dues to the North Rim Road Association and presumably the Association knows what Educo uses the road for.  Mr. March stated that the zoning of the property does allow for the use under approved Special Review.  Commissioner Wagner asked if the intent was to increase capacity to 50 persons.  Mr. Sitzman stated that they do not intend to expand the use and that he would be willing to limit the use if necessary. 

 

Ms. Downs described the road and that it will need to be improved to meet the Appendix G Road Standards.  She explained the slopes and curves in the road are tighter and steeper, which is typical of mountainous terrain.  Ms. Downs stated that those using the road would need to comply with the rules and etiquette of driving on mountainous roads, such as pulling over to the side to let others pass, and putting on snow chains when necessary, etc.  Finally, Ms. Downs stated that the vehicle trips would be minimal due to the fact that one the campers arrive on-site, they typically remain at the facility for five days. 

Discussion ensued regarding the original Special Review and the fact that it has expired.  Mr. Helmick explained that the use has been occurring on the property in some form since the original approval, and agreed that some of the work outlined in the original Special Review was not completed.  Mr. Helmick stated that although this application is being referred to as an amended review, he assured the Commissioners that a full Special Review was in fact conducted.  Mr. Helmick explained that he took the Planning Commission to visit the site and they had no concerns with the road.

Chair Gibson and Commissioner Rennels noted their support for the proposal.  However, Commissioner Wagner stated that the original Special Review had indeed expired in 1995 and she could not support asking a private road association to adopt this commercial activity; therefore she would not vote in favor of the proposal.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Blue Moon Mountain Ranch Amended Special Review, File #05-Z1550, with the conditions as outlined above.

Motion carried 2-1; Commissioner Wagner dissenting.

 

The hearing adjourned at 8:45 p.m.

 

WEDNESDAY, JUNE 14, 2006

 

ADMINISTRATIVE MATTERS

(#67 & 68)

 

The Board of County Commissioners met at 2:00 p.m. with County Manager Frank Lancaster.  Chair Gibson presided and Commissioners Wagner and Rennels were present.  Also present were: Deni LaRue, Commissioners Office; Ed Schemm, Health Department; Marc Engemoen, Public Works Department; Tom Garton and Karlin Sedlecek, Building Department; Stephen Gillette, Solid Waste Department; Andy Paratore, Information Technology Division; Casey Stewart, Planning Department; Jim Alderden, Sheriff; Jeannine Haag, Assistant County Attorney; and Kristen Romary, Deputy Clerk.

 

1.  PUBLIC COMMENT:  Brian Schumm stated there may be difficulty in enforcing certain aspects of the Land Use Code, in its current form.  Specifically, on the subject of Home Occupations, Mr. Schumm feels as though it is nearly impossible to know if participants are in compliance with the Code.  As it stands, he feels as though the Code is only complaint based.  Commissioners Wagner and Rennels asked Mr. Schumm for a specific example on how new regulations would be enforced.  Mr. Schumm recommended a registration process for Home Occupations which would also include a review process to determine if all aspects of the Code were being followed.  Some discussion ensued between Mr. Lancaster and the Commissioners on this issue.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 29, 2006 AND JUNE 5, 2006:

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of May 29, 2006.

Motion carried 3-0.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of June 5, 2006.

Motion carried 3-0.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK OF JUNE 19, 2006Mr. Lancaster reviewed the upcoming schedule with the Board.  There was discussion among the Commissioners and Mr. Lancaster regarding public comment at evening Land Use Hearings.  They decided that beginning immediately; general public comment will begin at 6:30 p.m. for all Land Use Hearings, as opposed to 6:00 p.m. which was previously the case.

 

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 June 14, 2006:

 

PETITIONS FOR ABATEMENT:  As recommended by the Assessor, the following Petitions for Abatement are approved:  One Directory Place LLC; Carol A. Anderson Revocable Trust; Kevin Knapp/Vicky L. Knapp (.11), Robert Knapp/Deborah Knapp (.89) (2 parcels), Whipp Properties LLC; Randall J. /Jennifer A. Demario.

 

06142006A001           INTERGOVERNMENTAL AGREEMENT FOR PARTICIPATION IN THE COLORADO EMERGENCY FIRE FUND BY AND BETWEEN THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM AND THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY

06142006A002           DEPARTMENT OF PUBLIC WORKS CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND COULSON EXCAVATING COMPANY, INC.

06142006A003           INTERGOVERNMENTAL AGREEMENT CONCERNING USE OF CITY/COUNTY CAD/RMS/JMS SYSTEM BY AND BETWEEN THE CITY OF FORT COLLINS, THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, AND THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM

06142006A004           SUBGRANT AGREEMENT BY AND BETWEEN THE STATE OF COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY

06142006A005           LARIMER COUNTY HOUSE BILL 1451 PLAN MEMORANDUM OF UNDERSTANDING (MOU) PURSUANT TO HOUSE BILL 04-1451

06142006A006           DEVELOPMENT AGREEMENT FOR THE SANCTUARY PLANNED LAND DIVISION BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND THE SANCTUARY DEVELOPMENT CORP.

06142006A007           ADMINISTRATIVE SERVICES CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND GREAT-WEST LIFE AND ANNUITY INSURANCE COMPANY

06142006A008           DEVELOPMENT AGREEMENT FOR DEEDS PLANNED LAND DIVISION AND PLAN DEVELOPMENT (FILE #03-S2086) BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, ALVIN B. GEIST, AND DEEDS PLANNED LAND DIVISION HOME OWNERS ASSOCIATION

06142006A009           CONTRACT FOR ADRC SERVICES BY AND BETWEEN THE STATE OF COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY

06142006A010           CONTRACT AMENDMENT NUMBER 1 BY AND BETWEEN THE STATE OF COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY

06142006A011           DEVELOPMENT AGREEMENT FOR VERN’S PLANNED LAND DIVISION (FILE #04-S2288) BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND DINAH L. KITTEL AND VERN’S INC.

06142006A012           MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND THE COLORADO DEPARTMENT OF TRANSPORTATION

06142006D001           DEED OF DEDICATION BY RUSSELL W/ STAPLETON AND BONNIE S. COWEN FOR SAID PROPERTY AS A PUBLIC HIGHWAY

06142006D002           DEED OF DEDICATION BY JOHN S. WATKINS FOR SAID PROPERTY AS A PUBLIC HIGHWAY

06142006D003           DEED OF DEDICATION BY CHARLES G. TOTLIS FOR SAID PROPERTY AS A PUBLIC HIGHWAY

06142006D004           DEED OF DEDICATION BY JOHN L. BENZOR AND JOAN HUGGENBERGER FOR SAID PROPERTY AS A PUBLIC HIGHWAY

06142006D005           DEED OF DEDICATION BY ARMEAD MICHAEL SMITH FOR SAID PROPERTY AS A PUBLIC HIGHWAY

06142006D006           DEED OF DEDICATION BY EDWARD M. AND MARY OLIVE DOEBBELING FOR SAID PROPERTY AS A PUBLIC HIGHWAY

06142006R001           FINDINGS AND RESOLUTION APPROVING THE PEARL VISTA CONSERVATION DEVELOPMENT PRELIMINARY PLAT AND REZONING

06142006R002           FINDINGS AND RESOLUTION APPROVING THE MATCHETT/FORWARD EXTENDED FAMILY DWELLING

06142006R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 17 OF THE HILL CONSERVATION DEVELOPMENT

06142006R004           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 46 AND 47 OF RED FEATHER HIGHLANDS SUBDIVISION

06142006R005           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR SANCTUARY PLANNED LAND DIVISION (#04-S2288)

06142006R006           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR SANCTUARY PLANNED LAND DIVISION (#02-S1993)

06142006R007           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR DEEDS PLANNED LAND DIVISION (#03-S2086)

06142006R008           RESOLUTION DECLARING FIRE RESTRICTIONS IN LARIMER COUNTY

MISCELLANEOUS:  Conveyance of Permanent Drainage Easement by Philip C. Sprague and Connie F. Sprague (2 parcels); Amendment No. 6, Larimer County Contributory Retirement Plan; Conveyance of Permanent Drainage Easement by Philip C. Sprague and Connie F. Sprague (1 parcel); The Sanctuary Planned Land Division Final Plat; Deeds Planned Land Division Final Plat; Vern’s Planned Land Division Final Plat; Department of Human Services Payments for April 2006.

LIQUOR LICENSES: The following licenses were both approved and issued:  Zippy’s Liquor – Retail Liquor Store – Fort Collins; Ram’s Horn & Colorado State University – Hotel and Restaurant – Fort Collins; Sandy’s Convenience Store – 3.2% - Loveland; Aspen Lodge – Hotel and Restaurant – Estes Park.  The following licenses were approved:  CSU Ag Day – Special Event, 6% - Fort Collins; Osiris Nightclub – Tavern – Fort Collins.

Motion carried 3-0.

 

5.  GLACIER VIEW MEADOWS GRANT SPONSORSHIP:  Mr. Schemm addressed the Board and asked that Larimer County sponsor a request to the Department of Local Affairs for a Wastewater Treatment Planning Grant on behalf of Glacier View Meadows.  The grant would be in the amount of $15,000, and would assist Glacier View Meadows in improving and updating their wastewater treatment systems to meet future build out, lower treatment costs, and comply with Colorado wastewater discharge limits.  The Department of Local Affairs requires County sponsorship for such requests from the Association.  Glacier View Meadows will provide dollar for dollar matching funds for this purpose.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve Larimer County to sponsor a request to the Colorado Department of Local Affairs for a grant in the amount of $15,000.00, to assist Glacier View Meadows in planning and design of improvements to their wastewater treatment systems.

Motion carried 3-0.

 

6.  MEMORANDUM OF UNDERSTANDING WITH COLORADO DEPARTMENT OF TRANSPORTATION CONCERNING THE EXCHANGE OF CERTAIN COUNTY ROADS AND STATE HIGHWAYS:  Marc Engemoen of Public Works, addressed the Board and gave an overview of the topic.  He said that over the last four years, the Colorado Department of Transportation (CDOT), the City of Fort Collins, and Larimer and Weld Counties have been discussing the exchange of certain county and city roads and state highways in order to create a more logical plan for these particular roads.  The plan would include the exchange of several low volume state highways converting to county and city roads, while high volume county and city roads would become state highways. 

The proposed Memorandum of Understanding between CDOT and Larimer County states that CDOT will abandon that portion of State Highway 56 from US 287 to County Road 23 west of Berthoud, and Highway (Spur) 66 from US 34 to County Road 69B southwest of Estes Park.  Larimer County will declare these abandoned state highways as county roads.  CDOT will then declare those portions of County Road 32 (the western extension of SH 392 from Windsor) between US-287 and I-25 currently maintained by Larimer County to be part of the state highway system.

Mr. Engemoen said that there was no public opposition to this Memorandum, but some residents of Estes Park voiced concerns regarding potential address changes.  He said that all parties involved in the final decision would be sensitive to public concerns.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the Memorandum of Understanding between Larimer County and the Department of Transportation concerning the exchange of ownership and maintenance of certain county roads and state highways.

Motion carried 3-0.

 

7.  REAFFIRM PROCESS FOR ADDRESSING APPEALS:  Tom Garton and Karlin Sedlacek spoke to the Board regarding the addressing appeals process.  Mr. Garton stated that it is the right of the citizens affected by the addressing changes to make an appeal, and he encouraged them to do so jointly as opposed to individually.  Ms. Sedlacek said that she was willing to provide information regarding the appeals process to anyone who inquires.  Commissioner Rennels felt that perhaps the “public process piece” was missing and that there were common misconceptions by the public at public meetings.  Chair Gibson stated that he wanted to see consistency in the addressing process.  There was discussion amongst all regarding this issue; however, no formal action was taken at the end of the discussion.

 

8.  WAIVER OF TIPPING FEES:  Mr. Gillette explained that a house at 1131 West CR 16 was destroyed by fire in early April and provided photos of the home after the fire.  The resident of the house is disabled and unable to pay for proper clean up of the property.  He said that there is a group of citizens and neighbors who would like to help the owner of the house by cleaning up the area and taking loads of trash and debris to the landfill, however, the tipping fee for disposing of the 150 cubic yards of unsalvageable items will cost roughly $784.50.  The citizens would like to help in this manner, but cannot afford the cost of disposal, and are requesting that the tipping fee be waived.  Commissioner Rennels agreed to this, but stated that the money for the tipping fee would be taken from the Special Projects Fund, instead of a complete waiver of the fees.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the use of up to $800.00 from the Special Projects Fund to pay for tipping fees for debris clean up at 1131 West CR 16. 

Motion carried 3-0.

 

9.  APPROVAL OF JOINING THE STATES 800MHZ RADIO SYSTEM:  Andy Paratore and Sheriff Alderden addressed the Board regarding the enhancement of the current emergency radio system.  Mr. Paratore said that the effectiveness of the current radio system in Larimer County has slowly declined over the last few years.  The key problem areas include a lack of interoperability with other agencies that have moved on to an 800 megahertz trunking system, poor coverage and inefficient capacity due to the age of the current system, and amount of radio traffic from tourism, cell phone usage, caseload, etc. which has increased considerably over the last few years.  Mr. Paratore and Sheriff Alderden recommended pursuing a new system in order to provide better communication between law enforcement agencies of Fort Collins, Loveland, and the State Patrol.  Possible funding grants are being researched at this time to supplement the cost of the project.  Some discussion ensued among the Commissioners at this time.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the consultant's recommendation (Alternative #5) to implement a Hybrid Radio System for Larimer County.

Motion carried 3-0.

 

With Sheriff Alderden present, the Board agreed to address the issue of several changes to the current Fire Restriction.  The modifications include the authorized use of charcoal grills on non-combustible surfaces for citizens who live in residential-type neighborhoods in the unincorporated areas of Larimer County.  The Board of County Commissioners also decided to ban the sale of fireworks in Larimer County.  According to Colorado Law, the Commissioners can do this in conjunction with fire restrictions and when extreme fire danger exits.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Resolution Declaring Fire Restrictions in Larimer County which will support the ban on the sale of fireworks and approve the use of charcoal grills on non-combustible surfaces in residential neighborhoods.

Motion carried 3-0.

 

06142006R008           RESOLUTION DECLARING FIRE RESTRICTIONS IN LARIMER COUNTY

 

10.  ADDITIONAL FUNDING REQUEST FOR CABLE FRANCHISE CONTRACT NEGOTIATIONS:  Mr. Paratore explained that every five to eight years, the County is required to renegotiate contracts and franchises with cable companies providing services to the citizens of Larimer County.  Contract negotiations with four cable providers began last year, and at that time, the Budget Manager and County Manager were informed of the process.  The current budget was insufficient to complete the entire negotiation process; therefore, the Information Technology Division is now requesting an additional one-time fee of $70,000 for cable franchise contract negotiations. 

 

 M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve an additional one-time fee of $70,000, to be expended from the General Fund, in order to complete cable franchise contract negotiations.

Motion carried 3-0.

 

11.  APPOINTMENTS, REAPPOINTMENTS AND RESCISSION TO BOARDS AND COMMISSIONS:  The following appointments, reappointments, and rescissions are recommended for approval by the Board of County Commissioners:  Board of Appeals:  Julie O’Gorman, reappointed for a 3-year term beginning July 1, 2006, and ending June 30, 2009.  Estes Valley Board of Adjustment: John Lynch, reappointed for a 3-year term beginning July 1, 2006, and ending June 30, 2009.  Estes Valley Planning Commission:  Douglas Klink, reappointed to a 4-year term beginning July 1, 2006, and ending June 30, 2010.  Larimer Integrated Family Enhancement Board:  Cyndi Dodds, and Joe Ferrando, both reappointed to a 3-year term beginning July 1, 2006 and ending June 30, 2009.  Open Lands Advisory Board:  Jean Carpenter, Sue Sparling, Robert Streeter, all reappointed to a 3-year term beginning July 1, 2006 and ending June 30, 2009.  Planning Commission:  Mina Cox and Gerald Hart, appointed, and Brian Oppenheimer, reappointed to a 3-year term beginning July 1, 2006 and ending June 30, 2009.  Rural Land Use Board:  Lesli Ellis and Randy Mergler, reappointed, and Doreen Wilson, appointed to a 3-year term beginning July 1, 2006 and ending June 30, 2009, and Steven Porter appointed to a 1-year term beginning July 1, 2006 and ending June 30, 2007.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the appointments to the Boards and Commissions as outlined above.

Motion carried 3-0.

 

12.  PLATTE RIVER POWER AUTHORITY (PRPA) RAWHIDE POWER PLANT SIGN APPEAL:  Mr. Stewart explained that the Platte River Power Authority is proposing a new freestanding monument that would be a second freestanding sign located near the entrance to the property at 2700 E. County Road 82.  The current sign regulations allow for only one freestanding sign per street frontage.  This request is for the Board of County Commissioners to determine if the application will be referred to the Planning Commission for review.  At this time, the applicant would prefer to not refer the PRPA Rawhide Power Plant sign appeal to the Planning Commission for a public hearing. Commissioner Wagner said that she would like to hear what the Planning Commission has to say, and therefore would deny the request.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners refer the appeal to the Planning Commission for review and recommendation.

Motion carried 3-0.

 

13.  WORKSESSION:  Mr. Lancaster clarified an issue that was brought to the Commissioners attention during public comment on May 30, 2006.  He stated that the County does not charge $100 per day for a vehicle that is 25 years or older.  Mr. Lancaster went on to discuss the upcoming informational joint meetings with Loveland and the town of Windsor.  Next, he described the potential for jail impact fees, a short discussion ensued among the Commissioners and they agreed that it would be an issue to pursue.  Finally, Mr. Lancaster gave an overview of the Larimer County’s incarceration rates compared to other counties in the state of Colorado.  Larimer County is currently ranked as the 3rd lowest in the state, and he believes it has to do with the implementation of new alternative programs to jail sentences.  

 

14.  COMMISSIONER REPORTS:  The Board discussed their attendance at events during the past two weeks. 

 

15.  LEGAL MATTERS: 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners appoint Donald Abram, Magistrate Judge, for the purpose of a grievance hearing.

Motion carried 3-0.

 

At this time there was a request to go into Executive Session regarding zoning litigation.  (Tape #69).

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners go into Executive Session regarding proposed zoning litigation as outlined in 24-6-402(4) (e) C.R.S.

Motion carried 3-0.

 

The Executive Session ended at 5:30 p.m., with no further action taken.

 

 

  __________________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

___________________________________

Gael M. Cookman, Deputy Clerk

 

___________________________________

Kristen Romary, Deputy Clerk   

 

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