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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, AUGUST 7, 2006

 

LAND USE HEARING

(#91)

 

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:  Candace Phippen, Building Inspection; Karin Madson, Al Kadera, Sean Wheeler, Naomi O’Connor, and Russ Legg, Planning Department; Matt Johnson, and Ed Woodward, Engineering Department; Doug Ryan, Health Department; Gael Cookman, Clerk and Recording 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.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners convene as the County Board of Equalization.

Motion carried 3-0.

 

Ms. Cookman presented the Board of Equalization referee recommendations for July 25, and 26, 2006, and for August 2, 3, and 4, 2006, and requested approval on the same.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the Board of Equalization referee recommendations as presented.

Motion carried 3-0.

 

At this time, the Board reconvened as the Board of County Commissioners and Chair Gibson explained that Items 1 and 2 were on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.  SIGGS MINOR SPECIAL REVIEW - #06-Z1594:  This is a request to approve a Minor Special Review which would allow for a detached Accessory Dwelling Unit to be constructed in the second floor area of a barn.  The subject property is located off of Dove Lane, on Lot 4 of the Willis Farms Subdivision, and is approximately 2.47 acres in size.  The Development Agreement for the Subdivision requires that a majority of the members of the Homeowner’s Association (HOA) approve this type of request, before it is sent to the County for review.  The applicant has obtained this approval in the form of a written letter from the Willis Farms Subdivision Homeowner’s Association.

 

The Development Services Team recommends approval of the Sigg’s Minor Special Review subject to the following conditions:

1.   The Site shall be developed consistent with the approved plan and with the information contained in the Sigg’s Minor Special Review (File #06-Z1594), 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 Sigg’s Minor Special Review.

2.   This application is approved without the requirement for a Development Agreement.  In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Minor Special Review, applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.  County may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.

3.   The Findings and Resolution shall be a servitude running with the property.  Those owners of the property or any portion of the property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.

4.   The applicant shall obtain any outstanding building permits and inspections for residential additions, prior to recording the final plat.  All applicable fees, including permit fees and the Transportation Capital Expansion Fee, shall apply to this use.

5.   The habitable space of the current structure shall not exceed 800 square feet, per Section 4.3.10.F.2 of the Larimer County Land Use Code.

6.   The applicant shall sign a Disclosure Notice to advise potential lot buyers of the restrictions placed on the Accessory Dwelling Unit within 6 months of the date of approval by the Board of County Commissioners.  The unit can not exceed 800 square feet in size and can not be rented, or marked as rental property.

 

2.  VIRGIL PETERSEN MINOR RESIDENTIAL DEVELOPMENT (MRD) LOT SIZE VARIANCE – #06-G0119:  This is a request to approve a lot size variance for a MRD lot that was approved in 1992, but does not meet the minimum lot size for the zone district where it is located. 

 

This is a staff-initiated request to obtain approval for a 7.3 acre lot in the O-Open Zone District, where the minimum lot size is 10 acres.  This lot exists as platted in 1992 and was approved by the Board of County Commissioners at that time.  However, information from an earlier file indicates that the site was represented as being in a different zone district, which allowed for smaller lots.  As noted, the plat was approved, signed by the Board, and recorded without a lot size variance.  The Board of County Commissioners, on the advice of the County Attorney’s office, directed staff to prepare the application materials for consideration at a public hearing.  Approval of this request will provide the formal recognition of the 7.3 acre lot that does not meet the minimum lot size for the O-Open zone district.

 

The Development Services Team recommends approval of the Virgil Petersen Minor Residential Development lot size variance.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve Items 1 and 2 as listed on the Consent Agenda and outlined above.

Motion carried 3-0.

 

3.  EVERITT/DONALDSON TRANSFERABLE DENSITY UNITS (TDU) EXEMPTION APPEAL - #06-G0117:  This is a request to appeal Section 4.2.3.J.5.A of the Land Use Code to allow a Transferable Density Unit (TDU) Exemption of 6 lots rather than 5 as allowed by the TDU Exemption process. 

The property is 154.21 acres and has an existing home with outbuildings.  The property owner would like to create 5 residential lots in addition to a lot for the existing residence (totaling 6 residential units) using the TDU exemption process outlined in the Fossil Creek Reservoir Area transferable density units overlay zone, section 4.2.3.J.5 of the Land Use Code (LUC).  The majority of the property is identified as being within the Airport Critical Zone, an area located off the ends of the runways.  The proposed development area (all but the existing house) is located outside of the Airport Critical Zone.  Staff would like to note that a proposed TDU exemption plat will be required to meet the review criteria outlined in 4.2.3.J.5.A.3 of the LUC. In this case, the property is 154.21 acres, which when divided by 35 would allow 4 units (4.41 rounded down) + 1 unit, for a total of 5 units allowed under this provision.  Using this formula, the property owner would be allowed to use the exemption plat process to create 5 units.  The applicant is requesting approval to use this TDU exemption plat process to create 5 lots in addition to a lot for the existing home, for a total of 6 residential lots.

The Development Services Team recommends approval of the Everitt/Donaldson appeal to Section 4.2.3.J.5 of the Land Use Code to allow the applicant to use the TDU exemption process to create 6 residential lots on a 154.21 acre property.

Mr. Legg addressed the Board and explained aspects of the TDU exemption and the formula used for the process of the exemption.

Stan Everett, applicant, addressed the Board and explained that his intentions for this appeal were to create a win/win situation for the future of the airport, and the surrounding area.  Some discussion among the Commissioners ensued.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the Everitt/Donaldson appeal to Section 4.2.3.J.5 of the Land Use Code to allow the applicant to use the TDU exemption process to create a total of 6 residential lots on a 154.21 acre property.

Motion carried 3-0.

 

4.  COPPER/FRITZ VIOLATION - #06-BV0281:  This is a request to review the Fritz land use and building code violations and to provide confirmation of the Planning Director’s findings of uses allowed on the property. 

The Larimer County Planning Director, in a letter dated May 3, 2006, addressed to property owners Kari and Tim Fritz, summarized and confirmed legal uses of parcels and structures thereon.  The properties were purchased in October 2005 by Mr. and Mrs. Fritz and their company Redcliff, Inc.  The owners were provided with two, 30-day periods to appeal the Planning Director’s findings.  The owners failed to file an adequate written appeal in the time allowed.  The Board of County Commissioners are asked to confirm the Planning Director’s findings of allowed uses of properties and structures thereon as set out in his May 3, 2006, letter.  Confirmation is requested in anticipation of the owners’ plans to use the properties and/or structures on the properties for purposes not allowed pursuant to the Land Use Code or Building Code.  The proposed uses are evidenced by advertising of the owners for rental of indoor space, barn space, riverside sights, meetings, events and weddings.   The owners admit they have renovated and remodeled structures on the property, have three sites ready for celebrations “of any type and size”, and have already booked at least one wedding.   Copies of advertising and an e-mail are attached.  The owners have not obtained required building permits, septic permits, inspection approvals, rezoning or special exception and site plan review approval for these uses.

Section 4.8 of the Larimer County Land Use Code addresses non-conforming uses, structures and lots that were legally established prior to the adoption of the Land Use Code, but do not comply with one or more requirements of the current Code.  The County seeks to allow non-conforming uses, structures and lots to continue to exist, be maintained and put to productive use, and to encourage as many aspects of such uses, structures and lots to be brought into conformance with the Land Use Code as is reasonably practical.  The limitations in Section 4.8 are intended to recognize the interests of the property owner in continuing the non-conformity, but also to preclude the extension, expansion or change in character of the non-conformity or the re-establishment of a non-conformity after it has been abandoned.  Pursuant to Section 4.8.6 of the Land Use Code, if a non-conforming use is discontinued for more than twelve (12) consecutive months, the use cannot be re-established.

Parcels “C” and “D” were originally zoned T-Tourist in 1967.  Any claim of a non-conforming use must prove that the use has been there since before the rezoning and has operated continuously with no lapses of more than 12 months since the inception of the date of the rezoning.

The only written evidence the owners provided to staff to establish legal, non-conforming uses of the properties is a letter dated July 20, 2005, from former owners, Gloria and Shayne Copper.  The Coppers state they owned the property for 30 years, used the property for weddings, family reunions, horse shows, tractor pulls, roping and other events, and sold apples to zebras on the frontage off Highway 34.  The letter from the Coppers does not establish legal, non-conforming uses, and does not address whether the uses were ever discontinued for more than a year.  The owners were encouraged by staff, including Customer Advocate Naomi O’Connor, on several occasions to provide additional information that would establish non-conforming uses, however, no further documentation was provided.

After the owners failed to provide further documentation to establish non-conforming uses, the Planning Director prepared his letter of May 3, 2006, confirming staff’s findings of non-conforming uses on the property. 

The following is a list of the Land Use Code and Building Code violations, as assessed by the staff:

 

1.   Allowing the operation of a truck rental company on Parcel “C” which is not an allowed use in the T-Tourist Zoning District.  General retail use is allowed, however, outside storage of rental trucks is not. 

2.   Allowing the operation of a retail sales business involving the sale of carved bears and other merchandise with outdoor storage and/or display of merchandise on Parcel “C” which is not an allowed use in the T-Tourist Zoning District.  General retail use is allowed, however, outside storage of merchandise is not.

3.   Converting a storage building into a retail mercantile store and opening the store for business on Parcel “D” without a change of occupancy permit and required inspection approvals.  A permit is required by the Larimer County Health Department for the sale of fresh eggs and milk. 

4.   Remodeling the interior of a second structure located on Parcel “D” originally permitted for storage purposes only without a change of occupancy permit and required inspection approvals.  (Note:  One structure on Parcel “D” may be used for a retail business use.  The other structure on the property must be used for a purpose accessory to the main business use.  Two retail business uses are not allowed on Parcel “D”).

5.   Erecting signage for the mercantile store, for the sale of carved bears and other merchandise, and for the truck rental business without required sign permits.  The property owners submitted a sign plan to the Planning Department on 6/19/2006, however, the application has not been processed because the issue of allowed uses for structures on the property remains in question, the site map submitted with the sign plan is insufficient (the plan doesn’t show where the right-of-way is), and the owners are proposing too many signs by the road.  Section 20-28-114 of Colorado State Statutes provides that the County may enforce zoning regulations by means of withholding permits if the County holds a reasonable, good faith belief that the owner is using the property in violation of zoning regulations.

6.   Allowing structures located on Parcel “B” constructed in a Flood Plain without building permits or inspection approvals to be used and/or occupied.

7.   Remodeling and renting a dwelling known as the “Riverside Cottage” to the public located on Parcel “A” without required building permits and inspection approvals, and without completing corrections required under Building Permit 98-L4340 for an “already-built” addition to the dwelling.

8.   Failing to obtain re-zoning, or special exception and site plan review approval, required by the Larimer County Land Use Code for all or part of the subject properties.

 

Mr. Fritz, prior to purchasing the property, requested information from Planning staff about allowed uses of the properties.  Planning staff discussed allowed uses with Mr. Fritz and referred him to the Building Department to determine if all structures on the properties were properly permitted and inspected.  Building Department staff recommended an on-site inspection be conducted to confirm if any life-safety issues were present in existing structures.  An on-site inspection was conducted by Building Department staff on August 19, 2005.  The inspection was scheduled through Realtor Larry Sanner.  Mr. Sanner was present with County staff during the inspection. 

After the inspection, staff researched County records to confirm building permits and required inspection approvals had been obtained for the structures on the properties.  Research of the property revealed several problems, including no septic permits of record for any of the parcels except Parcel “E” (Permit 93-L3054 for a 1408 square foot modular home received a Certificate of Occupancy), two large structures built in a flood plain on Parcel “B” with no permits; expired Permit 98-L4350 for an already-built addition to the existing residence on Parcel “A”, and the conversion of buildings originally permitted for storage only in 1981 and 1982 into other uses without permits on Parcel “D”.

Upon completion of the research, an Inspection Report was prepared by Code Compliance staff describing the issues discovered and how to cure the problems.  A cover letter was addressed to the owners, Gloria and Shayne Copper, and copies of the letter and Inspection Report were sent to the Coppers, the Larimer County Health, Planning and Engineering Departments, and realtor Mr. Sanner on August 30, 2005.  Code Compliance staff mistakenly assumed Mr. Sanner represented Mr. Fritz, and did not send a separate copy of the Inspection Report to Mr. Fritz with the initial cover letter to the Coppers.  After Mr. Fritz notified staff he never received a copy of the report, a copy was faxed to Mr. Fritz seven days later. 

Prior to the Fritz’ purchase of the properties by Warranty Deeds dated October 21, 2005, County staff e-mailed and/or spoke with Mr. Fritz five to six times about outstanding issues, the need to obtain change of occupancy permits, and the need to establish specific historical uses on the property.

 

At the request of Commissioner Rennels, a meeting was held on November 3, 2005, with Candace Phippen, Rob Helmick, Commissioner Rennels, and Tim and Kari Fritz to discuss “grandfathered” uses on the subject properties.  Mr. Helmick agreed to waive site plan review requirements for historic retail uses.  Mr. and Mrs. Fritz believe Mr. Helmick waived site plan review requirements for all uses.  After the meeting, Candace met with Tim and Kari Fritz to explain exactly what is required for change of occupancy permits.

In February 2006, two inquiries were received by staff concerning the new proposed events center on the properties and whether the owners had complied with the Larimer County Land Use Code to use the properties for events and weddings.   In June 2006, an inquiry was received about legal uses of the property from a Loveland-Herald reporter. 

The Department of Health and Environment finds that there is no record of any septic permits for the subject properties, with the exception of Parcel “E”.  During the last year, Mr. Fritz stated he has been working with a private contractor to confirm the location and types of all septic systems and vaults located on the property, and will present this information to the Health Department.  However, to date, no septic permits have been issued nor have any inspections taken place by the Health Department.

The Department of Engineering finds that Mr. Woodward and Mr. Fritz have discussed ways to resolve outstanding floodplain issues for two large structures on Parcel “B” constructed without building permits by the former owners, and for removal of riprap along the creek.  Resolution for the structures first involves approval from the Flood Review Board.  To date, the owners have not applied to the Flood Review Board for such approval.  Once the floodplain issues are resolved, and if the two large structures are allowed to remain on the property, the owners will need to obtain a building permit for each structure.  As the structures are existing, the owner will need to have a structural engineer evaluate the structural components of the buildings, and a Colorado licensed master electrician and master plumber evaluate the plumbing, heat/vent and electrical work in the buildings.  A building permit application will need to be submitted for each structure, together with required letters from licensed professionals, a floor layout plan showing outside and interior dimensions with each room identified as to use, and a plot plan showing the location of the structures on the property.  Prior to issuance of the permits, approvals for the proposed uses of the structures will be required from the Planning Department, and approval for sewage disposal systems will be required from the Larimer County Department of Health & Environment.

Although no written information or appeal of staff’s findings have been provided by the owners, it is staff’s understanding the property owners do not agree with staff’s findings that Land Use Code violations exist, that site plan review was only waived for historic retail businesses, that building permits and/or change of occupancy permits are required for existing structures, or that historical uses of the property are limited to uses allowed by the Larimer County Land Use Code for T-Tourist and FA-1 Farming Zoning Districts. 

Staff recognizes the current owners inherited many of the violations when they purchased the property, however, the current owners were aware of the problems at least a month and a half prior to their purchase of the property.  Staff also recognizes the owners have greatly improved the property; however, all improvements have been completed without Planning, Health, Engineering, and Building Department approvals. 

It is staff’s intention to establish legal, non-conforming uses for the properties prior to the owners expending resources on businesses that may not be allowed pursuant to the Land Use Code.  Currently, there is another property owner in the County who has submitted a sketch plan review for rezoning an active farm from FA-Farming to Planned Development for a meeting and reception facility for weddings and other events.  Staff wishes to enforce Larimer County Land Use and Building Code regulations in a fair and consistent manner to all property owners in the County. 

 

Staff recommends the Board of County Commissioners concur with the findings of the Larimer County Planning Director contained in his letter dated May 3, 2006, and require the owners to comply with County regulations within a time specified by the Board.  If compliance is not met by the owners within the time specified, staff recommends the Board authorize legal action to enforce County regulations.

 

Ms. Phippin addressed the Board and took the time to outline many of the issues pertaining to the Fritz’ property.  She reviewed eight Land Use Code violations and explained that the applicants needed to provide evidence of the non-conforming uses on the necessary parcels. 

 

Timothy Fritz, applicant, provided background regarding his small business experience along with a lengthy description and history of the property.  He emphasized that the Penske Truck business was the sole source of income for the operating manager, and it serves a large need for residents in and around the Estes Park area.  He also stated that the area in front of the business was not used as storage for the moving trucks, and it was a rarity if the trucks remained on the property for more than 24 hours at a time. 

 

Barbara and Rich Pflieger, neighbors to the Fritz property, addressed the Board.  The Pflieger family has lived at 6827 W. Hwy 34 since August, 1974.  Mrs. Pflieger read a letter to the Board, that she had written, in regards to the non-conforming continual use of all parcels on the Fritz property.

 

At this time much discussion ensued among the Commissioners, staff, and the applicant.  It was decided that there was a need for more evidence of the continual non-conforming uses of the parcels, along with a more specific timeline of when events took place.  The Commissioners agreed that more time was needed for staff and the applicants to resolve the change of occupancy permit issues, and work through code compliance concerns.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners table the Copper/Fritz Violation - #06-BV0281 to September 5, 2006, for staff to provide direction and resolve the change of occupancy and specific land use issues. 

 

Motion carried 3-0.          

 

The meeting adjourned at 5:20 p.m.

 

TUESDAY, AUGUST 8, 2006

 

ADMINISTRATIVE MATTERS

(#92)

 

The Board of County Commissioners met at 9:30 a.m. with Frank Lancaster, County Manager.  Chair Gibson presided and Commissioner Wagner was present.  Also present were: Bob Keister, Angela Erker, Deni LaRue, Donna Hart, and Cheri Pineda, Commissioners Office; Scott Doyle, Jan Kuhnen, and Angela Myers, Clerk & Recorder's Office; Wendy Dionigi, and Chad Gray, Planning Department; Marc Engemoen, Public Works Department; Gary Buffington, and K-Lynn Cameron, Parks and Open Lands Department; Jerry White, and Charlie Johnson, Engineering Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:  There was no public comment today.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 31, 2006:

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of July 31, 2006.

Motion carried 2-0.

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 14, 2006Ms. 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 August 8, 2006:

 

08082006A001           WARRANTY MEMORANDUM FOR SHOCKLEY ESTATES CONSERVATION DEVELOPMENT 02-S1976 BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND LANCE P. SHOCKLEY AND JESSICA K. SHOCKLEY

08082006A002           SOFTWARE LICENSE AND PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND APTITUDE SOLUTIONS, INC.

08082006R001           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF PARCEL 1 OF THE MAISCH EXEMPTION AND A PORTION OF SECTION 25, TOWNSHIP 5, RANGE 69

08082006R002           RESTATED FINDINGS AND RESOLUTION APPROVING THE TRAILS END PLANNED LAND DIVISION PRELIMINARY PLAT AND REZONING TO PLANNED DEVELOPMENT

08082006R003           FINDINGS AND RESOLUTION APPROVING THE RIVER’S EDGE FINAL CONDOMINIUM PLAT MAP FOR UNITS 1, 2, 9 AND 10

08082006R004           FINDINGS AND RESOLUTION APPROVING THE SAUNDERS APPEAL

08082006R005           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF A PORTION OF RIGHT-OF-WAY IN LARIMER TERMINALS SUBDIVISION LOTS 1 AND 2, BLOCK 1

 

MISCELLANEOUS: Letter of Support for GoCo Mini Grant for Fossil Creek Reservoir Habitat Improvement Project; Approval of Revised Financial Policy and Procedure 320.16B.

 

LIQUOR LICENSES:  The following liquor license was approved and issued: Rainbow Plaza – Tavern – Loveland.  The following liquor licenses were approved: Hatrixx LLC, Corporate Report Changes – Change of Corporate Structure – Fort Collins; Hatrixx LLC – Modification of Premises – Fort Collins.  The following liquor licenses were issued: Boys and Girls Club of Larimer County – Special Event 6% - Fort Collins; Namaqua Center, Big Bend Riverside – Special Event 6% - Loveland; Loveland Rural Fire Protection District, Big Thompson – Special Event 6% - Drake; Northern Colorado Sports Commissions – Special Event 6% - Fort Collins.

Motion carried 2-0.

 

5.  RESOLUTION TO ESTABLISH VOTE CENTER AND EARLY VOTING POLLING LOCATIONS:  Mr. Doyle explained that the Clerk & Recorder's office is required to provide a public comment period and a hearing in order to adopt the location of vote centers for the general election to be held on November 7, 2006.  Mr. Doyle noted that there has been no public comment associated with the proposed vote center locations.  He then presented maps depicting the locations of the proposed voter centers and explained that all sites are compliant with the Americans with Disabilities Act.  Commissioner Wagner asked if the Elections Department has made any effort to utilize non-religious buildings to serve as vote centers.  Mr. Doyle explained that they would be happy to use other buildings; however, most churches meet the criteria for vote centers when other buildings of similar size do not. 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the resolution establishing vote center and early voting polling locations for the November 2006 Election, as required by state statute.

Motion carried 2-0.

 

R08082006R006        RESOLUTION TO ESTABLISH VOTE CENTER AND EARLY VOTING POLLING LOCATIONS

 

6.  SPONSORSHIP OF LEAGUE OF WOMEN FACTS PUBLICATION:  Ms. LaRue explained that Larimer County has sponsored the League of Women Voter's FACTS publication throughout the years, and that the publication is a free, comprehensive list of elected and appointed area officials and advisory boards.  Ms. LaRue requested $250 from the Commissioners' Special Projects Fund in order to sponsor this effort once again.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve sponsoring the League of Women Voter's FACTS publication and authorize $250 from the Commissioners' Special Project Fund to support the same.

Motion carried 2-0.

 

7.  ALTERNATIVE TO JAIL PROGRAM FOR THE CRIMINAL JUSTICE PROPOSAL:  Ms. Erker explained that she has looked at the budget projections and assumptions and if the assumptions hold true, then there will be money in reserve funds by 2008 to add an alternative jail program to the Criminal Justice Proposal.  Some discussion ensued regarding the timing and whether or not it is the Sheriff's Department or Community Corrections responsibility to be involved in the formation of programs supporting alternative sentencing.  The Board supported the idea; however, Mr. Keister reiterated that the potential funding is based upon assumptions and it may, or may not, be available when it comes time to implement a program.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve possible additions to alternative jail programs if funding is available and can support such programs. 

Motion carried 2-0.

 

8.  APPOINTMENTS TO BOARDS AND COMMISSIONS:  Ms. Pineda noted that Chris Brakeen has been selected to serve on the Juvenile Community Review Board, and will replace Roy Ayres who is retiring.  Ms. Pineda requested the Board's approval on this action.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners appoint Chris Brakeen to the Juvenile Community Review Board for a 3-year term beginning August 8, 2006, and expiring June 30, 2009.

Motion carried 2-0.

 

9.  WORKSESSION:   There were no worksession items to discuss.

 

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

 

11. LEGAL MATTERS:   Ms. Haag and Mr. Gray explained the history of a zoning violation in which a property owner is using his vacant land to store mobile homes and a trailer.  The property owner, Bill Good, was ordered by the court to remove these items from his property in 2004, and has not yet done so.  Ms. Haag noted that the County can access the property to remove the items and then place a lien on the property in order to recoup the costs at some point in the future.  Ms. Haag also noted that every effort is made to contact the property owners prior to taking this action to give them one last opportunity to clear the violation themselves.  Mr. Gray presented three bids from contractors willing to remove the items and discussed these bids with the Board.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners authorize the Planning Department to expend up to $5000 to hire a contractor and enter Bill Good's property to remove the mobile homes and the trailer and dispose of them in the landfill,

Motion carried 2-0.

 

Executive Session - Tape # 93

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 real or personal property interest, as outlined in 24-6-402(4)(a) C.R.S.

Motion carried 2-0.

 

The Executive Session ended at 10:55 a.m., with no further action taken.

 

THURSDAY, AUGUST 10, 2006

 

JOINT HEARING BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND THE LARIMER COUNTY PLANNING COMMISSION

 

The Larimer County Planning Commission and Larimer County Board of County Commissioners met in a special joint session on Thursday, August 10, 2006, at 6:30 p.m. in the Hearing Room.  Commissioners’ Cox, Hart, Karabensh, Morgan, Pond and Waldo of the Planning Commission were present. Commissioners’ Boulter and Oppenheimer were absent.  Commissioner Wallace presided as Chairman.  Chair Gibson presided for the Board of County Commissioners and Commissioner Rennels and Wagner were present.  Also present were Jill Bennett, Principal Planner, Russell Legg, Chief Planner, Doug Ryan, Health Department, Deni LaRue, Community Information Manager, Jeannine Haag, County Attorney, and Jill Wilson, Planning Technician and Recording Secretary.

 

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. 

 

ITEM #1 RED FEATHER LAKES AREA PLAN  #06-CA0061:  Ms. Bennett provided background information on the request to adopt the Red Feather Lakes Area Plan as an element of the Larimer County Master Plan.  She stated that the plan area as defined would include the Red Feather Lakes Fire District and adjacent undeveloped private land but did not include the Crystal Lakes and Glacier View Meadows Subdivisions.  She remarked that there had been an extensive public outreach process to inform the community of the proposed plan.  Three community meetings were held, and a community opinion survey was also mailed to all know property owners in which 336 responses were received.  She explained that the community process was facilitated by the Red Feather Lakes Area Plan Advisory Committee (PAC), which was a board of thirteen residents, business people, and landowners who were appointed by the Board of County Commissioners. 

 

Included in the plan were sections describing existing conditions, a community vision, future land use and development, and community pathways.  A community vision statement was developed by the Plan Advisory Committee along with four key elements concerning future land use and development.  Those four elements included the village center area, existing businesses, new residential development, and the Red Feather Lakes road corridor.  The community pathway section of the plan presented information about many of the important community issues and options, which would continue to be discussed and debated following the Plan adoption.  She remarked that if the Plan was adopted the following steps would occur and continue:  the Red Feather Lakes Plan Advisory Committee would continue to meet, changes to the B-Business zone district or a new zone district appropriate to existing businesses in the area would be considered, existing business owners would be worked with to rezone their properties, and important issues would be discussed with the community. 

 

PUBLIC TESTIMONY:

Lucille Schmidt, Red Feather Lakes resident, was a member of the Plan Area Committee.  She stated that the plan helped the community work as a group to recommend and discuss what was important to the town.  It allowed members of the community to discuss and have a voice in the way planning occurred in Red Feather.

Bill Gilbert, 17420 Red Feather Lakes Road, believed that the first community meetings that Commissioner Rennels held three years ago led the way to start the new planning process.  He stated that he had attended many of the PAC meetings along with the community meetings.  He thanked all of the participants for their time and effort, especially Deni LaRue, Jill Bennett, and Russ Legg.  He believed that the draft plan for the Red Feather Lakes area should be approved by the Commissioners and Planning Commission.  While he did not feel the Plan was as good as it could have been he felt that it was a very good start.  There were many issues that still needed to be dealt with such as protecting the area’s water and the potential development along the 74E corridor.  He stated that he felt that the makeup of the plan committee was the problem.  In his view the PAC was dominated 9 to 4 by business, real estate, and large property interests in the area.  He firmly believed that was the reason why there were so many unresolved issues still in the Plan.  He recommended that any ongoing planning advisory committee have a more equal representation of business and citizen members and be scaled back to a much smaller number such as seven to nine members. 

 

DISCUSSION:

Commissioner Wagner complemented everyone for their work because it made a tremendous contribution to the residents of the Red Feather Lakes area and also to the County.  She stated that it set a great example to other communities within the County to plan the future of their own communities.

Chairman Gibson thanked all the participants for their hard work.

Commissioner Rennels complemented the Plan Area Committee members.  She also recognized all the County employees that took time out to be involved with the development of the Plan.  She stated that it was a huge step for the community and encouraged everyone to keep working together to help evolve the Plan. 

 

M O T I O N

 Commissioner Rennels recommended that the Larimer County Planning Commission adopt the proposed Red Feather Lakes Area Plan as an element of the Larimer County Master Plan.

MOTION PASSED: 3-0.

 

Chairman Gibson turned the hearing over to the Planning Commission to continue the hearing.

Chairman Wallace asked if there was any other public comment.

 

PUBLIC TESTIMONY:   None.

 

DISCUSSION:

Commissioner Morgan echoed earlier comments recognizing the Staff and members of the Plan Advisory Committee.  He stated that plans such as the Red Feather Lakes Plan helped the County and also acknowledged the commitment of achieving good planning.

 

Chairman Wallace stated that she had worked with the committee and encouraged everyone to continue to work on the Plan.  She remarked that what had been accomplished was extremely important and what would occur in the future with the Plan was also very important. 

 

M O T I O N

 

Commissioner Morgan moved to adopt the proposed Red Feather Lakes Area Plan as an element of the Larimer County Master Plan.

Commissioner Pond seconded the Motion.

Commissioners' Cox, Hart, Karabensh, Morgan, Pond, Waldo, and Chairman Wallace voted in favor of the Motion.

MOTION PASSED:  7-0

 

M O T I O N

Commissioner Pond moved to authorize the Chairman to sign the Red Feather Lakes Area Plan Resolution, dated August 10, 2006.

Commissioner Waldo seconded the Motion.

Commissioners' Cox, Hart, Karabensh, Morgan, Pond, Waldo, and Chairman Wallace voted in favor of the Motion.

MOTION PASSED:  7-0

 

Mr. Legg thanked the Board of County Commissioners and Planning Commission for their time in examining the Plan and acknowledge the two Planning Commission members that were members of the Plan Advisory Committee, Commissioners’ Nancy Wallace and John Huddleston.

 

There being no further business, the hearing adjourned at 7:03 p.m.

 

 

  __________________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

_______________________________________

Kristen Romary, Deputy Clerk   

 

_______________________________________

Gael M. Cookman, Deputy Clerk   

 

_______________________________________

Jill Wilson, Deputy Clerk