Elk in Rocky Mountain National Park
 
> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 05/14/07  

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, May 14, 2007

 

land use hearing

(#64)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Wagner presided and Commissioners Gibson and Rennels were present.  Also present were:  Matt Lafferty, Samantha Mott, and Toby Ieuter, Planning Department; Christie Coleman, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, Assistant County Attorney; and Kristen Romary, Deputy Clerk. 

 

Chair Wagner opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and the Land Use Code.  Virginia Gilmore, member of the Northern Colorado Beekeepers Association, said that the county does not have regulations that would allow the keeping of bees on residential land.  Instead, the county considers bee keeping an agricultural use and therefore is more restrictive to where bees can be kept.  Ms. Gilmore proposes that the county be less restrictive than the city and allow for four hives per one quarter acre plus temporary hives.  Chair Wagner thanked Ms. Gilmore and said that staff will follow up on her request.

 

Chair Wagner then explained that Item 1, the Reserve at Mountain View Appeal - #07-G0134, would be tabled to May 21, 2007, at 3:00 p.m.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Reserve at Mountain View Appeal - #07-G0134, to May 21, 2007, at 3:00 p.m.

Motion carried 3-0.

 

Chair Wagner then explained that Items 2 through 3 were on consent, and would not be discussed unless requested by the Board, staff, or members of the audience. 

 

 

2.  HORSETOOTH HIDEAWAY BED AND BREAKFAST MINOR SPECIAL REVIEW - #07-Z1642:  This is a request for approval of a Minor Special Review for a Bed and Breakfast in an existing residence on a 0.4 acre property, situated on the west side of County Road 38E, just west of Horsetooth Reservoir. 

 

As proposed, the applicant would like to use the existing 3583 square foot residence for a bed and breakfast that would accommodate up to six guests (total pillow count = six).  The applicant states that this is a use needed in the area of the reservoir to provide for overnight lodging associated with the variety of recreational opportunities in the area.  Parking for the use would occur on the property with three spaces on either side of the residence and access coming off of County Road 38E through the adjacent properties parking lot, which is also owned by the applicant.  Public facilities, such as water, sewage and fire protection are readily accessible and available to the existing site.  The existing residence was constructed with a fire sprinkler system.

 

Based upon the review by the Development Services Team and referral agencies there are no significant concerns with this request.  Therefore, it is presumed that if the use is operated within the limits of adopted regulations related to bed and breakfast uses, there will be no detrimental effects to the surrounding properties because of this use.

 

The Development Services Team recommends that the Board of County Commissioners approve the Horsetooth Bed and Breakfast 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 Horsetooth Bed and Breakfast Minor Special Review (File #07-Z1642), 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 Horsetooth Bed and Breakfast 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 fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to the county, the 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 the county must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees.  The 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 Minor Special Review approval.

4.   The owner is responsible for obtaining all required building permits for the Bed and Breakfast.  All applicable fees, including permit fees and Transportation Capital Expansion Fees, shall apply to this use.  Within 90 days from the date of approval, the owner shall obtain all outstanding building permits and inspections for all previous work in the existing building. 

5.   The applicant shall sign a use agreement for the bed and breakfast setting the occupancy limits of the use to six guests (pillow count = six).

6.   The use shall maintain a residential character and shall not include non-residential activities, such as weddings or other large gatherings/events on the property.

 

 

3.  CRYSTAL LAKES 13TH FILING LOTS 113 AND 114 LOT CONSOLIDATION AND EASEMENT VACATION - #07-S2683:  This is a request for a Lot Consolidation to combine two contiguous lots and vacate a 20-foot utility easement located on the common lot line of lots 113 and 114 of Crystal Lakes Subdivision 13th Filing PUD.  If approved, the recording instrument will be a Findings and Resolution from the Board of County Commissioners.

 

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 Larimer County Engineering Department Development Review Team; and the Larimer County Addressing Coordinator.

 

The proposed Lot Consolidation of Crystal Lakes 13th Filing PUD for Lots 113 and 114 and easement vacation, will not adversely affect any neighboring properties or any county agency.  The Lot Consolidation will not result in any additional lots.  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 13th Filing PUD Lots 113 and 114 and the vacation of the 20-foot utility easement located on the common lot line subject to the following conditions:

 

  1. All conditions of approval shall be met and the final resolution of the County Commissioners recorded by November 14, 2007, 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.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve Items 2 through 3, as listed on the Consent Agenda and outlined above.

Motion carried 3-0.

 

 

4.  CAMPION ACADEMY 2ND SIGN APPEAL - #07-G0129 (TABLED FROM APRIL 16, 2007):  Mr. Lafferty explained that this is a request for an appeal to Section 10.6.E of the Larimer County Land Use Code that prohibits off-premises signs.  The applicant desires to erect a third sign for the Seventh Day Adventist Church and Academy which are on a different property.

 

Since the Board of County Commissioner hearing on April 16, 2007, the Development Services Team has discussed with the Planning Director the code language raised during the hearing that may have allowed the applicant to place additional signs on their property.  After consulting with the director it was determined that the code language that was brought up at the hearing was not applicable to this site.  Therefore, it is the Development Services Teams recommendation that the original appeal application be denied.  Furthermore, if the applicant desires to increase or modify the existing signs on the property to better serve their needs they will need to submit a new appeal discussing the specifics of a new proposal. 

 

In general, sign codes of counties and cities along the front range of Colorado restrict or prohibit new off-premises signs.  The county’s sign regulations follow this same intent and have had some regulations restricting off-premises signs since 1973, and were further restricted in 1992.  By approving this appeal, the intent of the Code and efforts up to this point to maintain the regulations would be subverted.

 

The relief from number and size restrictions for signs provided by the previous sign variance (File #03-BOA0427) is sufficient to accommodate additional advertising if they are reworked or replaced.  An appeal would likely be required to modify the existing signs to make them larger, but that type of appeal would seem more supportable than an appeal for more signs.

 

The Sign Code does not allow for the type of signs being proposed nor does it allow for additional signs on the property, thus, the current appeal application should be denied.  Should the applicant wish to add new signs on the property where the existing use and signs are located, a new appeal will be necessary.  The Larimer County Development Services Team recommends that the Board of County Commissioners deny the Campion Academy 2nd Sign Appeal.

 

Dick Stenbakken, applicant, said that Campion Academy will look at options to modify the current signs to allow for informational inserts without increasing the overall size.  Another option the applicant is looking into would include the addition of another sign on the subject property located further back from the road and extending above the existing signs.  Some discussion among the Board and staff ensued. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners deny the Campion Academy 2nd Sign Appeal, File #07-G0129.

Motion carried 3-0.

 

 

The meeting ended at 3:15 p.m.

 

 

 

TUESDAY, MAY 15, 2007

 

 

ADMINISTRATIVE MATTERS

(#64)

 

The Board of County Commissioners met at 9:30 a.m. with Frank Lancaster, County Manager.  Chair Wagner presided and Commissioners Gibson and Rennels were present.  Also present were:  Neil Gluckman, Deni LaRue, and Donna Hart, Commissioners’ Office; Ginny Riley, Marsha Ellis, and Laura Sartor, Human Services Department; Marc Engemoen, Public Works Department; Matt Perry, Chief Executive Officer of National Sports Services (NSS); Don Karras, potential baseball franchise owner; Andy Barnard, architect working with NSS; and Kristen Romary, Deputy Clerk.

 

 

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

 

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 7, 2007:

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of May 7, 2007.

Motion carried 3-0.

 

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 21, 2007The Board reviewed and discussed the upcoming schedule with Ms. Hart.

 

 

4.  CONSENT AGENDA:

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for May 15, 2007:

 

ABATEMENTS:  As recommended by the County Assessor, the following Petition for Abatement was approved: Howes/Canyon LLC.

 

05152007A001           SALES TAX CUSTOM SOFTWARE SYSTEM AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND CLIENTSOLV TECHNOLOGIES

 

05152007A002           GRANT AGREEMENT BY AND BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HIGHER EDUCATION, COLORADO HISTORICAL SOCIETY AND LARIMER COUNTY PARKS AND OPEN LANDS

 

05152007A003           CONTRACT PROMOTING RESPONSIBLE FATHERHOOD COMMUNITY BY AND BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HUMAN SERVICES AND LARIMER COUNTY

 

05152007R001           FINDINGS AND RESOLUTION APPROVING THE BECKERS MINOR SPECIAL REVIEW

 

05152007R002           FINDINGS AND RESOLUTION APPROVING THE AMENDMENT TO MARTHA’S FARM RLUP AND AMENDED PLAT OF RESIDUAL LOT B OF THE AMENDED PLAT OF RESIDUAL LOTS A & B IN MARTHA’S FARM RLUP

 

05152007R003           RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR A PUBLIC IMPROVEMENT DISTRICT

 

05152007R004           RESOLUTION REGARDING EXTENSION OF APPROVAL FOR HERSH MINOR LAND DIVISION

 

05152007R005           RESOLUTION REGARDING EXTENSION OF APPROVAL OF AMENDED PLAT FOR HERSH MLD/MRD (FILE #06-S2535)

 

MISCELLANEOUS: Public Trustee First Quarter Report for 2007; Immigration Certification & Citizen Participation Plan – Part of Application Packet for CDBG Funding from Colorado Division of Housing; Agreement and Release Between Larimer County and Employee.

 

LIQUOR LICENSES:  The following liquor license was approved and issued: US Bar & Grill – Hotel and Restaurant – Fort Collins.  The following liquor licenses were approved: Fort Collins Breakfast Rotary Charitable Fund – Special Event, 6% - Fort Collins; Conscious Alliance – Special Event, 6% - Red Feather Lakes.

 

Motion carried 3-0.

 

 

5.  TO INCREASE ELIGIBILITY LIMITS FOR THE LARIMER COUNTY CHILD CARE ASSISTANCE PROGRAM:  Ms. Riley explained that the Human Services Department would like approval from the Board to increase the eligibility limits for the Larimer County Child Care Assistance Program (CCAP) from the current level of 140% Federal Poverty Level (FPL) to 150% FPL.  This would effectively deliver child care assistance to approximately 80 more children in Larimer County.

 

Ms. Ellis stated that the CCAP assists families with a portion of their child care costs while they participate in eligible activities that will assist them in securing and retaining employment and work toward self-sufficiency.  Some discussion among the Board ensued.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve eligibility guidelines for CCAP to 150% effective July 1, 2007.

Motion carried 3-0.

 

 

6.  TO INCREASE THE REIMBURSEMENT RATE TO LICENSED AND NON-LICENSED CHILD CARE PROVIDERS PARTICIPATING IN THE LARIMER COUNTY CHILD CARE ASSISTANCE PROGRAM:  Ms. Riley stated that an increase is needed for reimbursement rates to licensed and non-licensed child care providers participating in the Larimer County Child Care Assistance Program (CCAP).  The Federal Child Care and Development (FCCD) regulations require that rates paid to CCAP providers for CCAP families are sufficient enough to ensure these families have comparable access to child care as non-CCAP families.  If the child care provider reimbursement rates are not adequate, providers limit the number of CCAP children they serve, or will not serve CCAP children at all. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the proposed rate structure, increasing the Larimer County CCAP provider reimbursement rates, as presented.

Motion carried 3-0.

 

 

7.  ADOPTION OF COMMISSIONER WORKPLAN:  Mr. Lancaster discussed and reviewed the Board of County Commissioner’s Workplan for 2006-2007.  Some discussion among the Board ensued and minor changes were made. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners adopt the revised workplan, as presented.

Motion carried 3-0.

 

 

At this time, Mr. Gluckman discussed some advantages to meeting with local legislators after the most recent legislative session.  He suggested meeting one-on-one with the six local legislators to discuss fiscal issues related to Larimer County.  Commissioner Rennels agrees with the advantages of meeting with local legislators, but does not want to discount the benefits of meeting with legislators as a group either. 

 

8.  MEMORANDUM OF UNDERSTANDING FOR THE DEVELOPMENT OF A BASEBALL/JOINT USE FACILITY AT THE RANCH:  Mr. Engemoen said that National Sports Services (NSS) would like to explore the possibility of bringing a minor league baseball franchise to The Ranch.  The proposed facility could be used for baseball, rodeos, outdoor concerts, and other outdoor events.  NSS wishes to enter into an 8-month Memorandum of Understanding with Larimer County which states that the entities will cooperate in this exploration.  The Memorandum of Understanding does not bind either party to any specific agreement, but rather, it pledges that the entities will cooperate in exploring the possibility of constructing a joint use facility for baseball at The Ranch.

 

Mr. Perry said that there is a tremendous opportunity to create a multi-use facility at The Ranch.  He stated that the goal of NSS is to work together with Larimer County to maximize the use of the facility that will be a benefit to the entire region.  Mr. Karras said that as a potential franchise owner, he would be dedicated to creating programs that benefit youth sports and allow children the opportunity to play baseball.  Mr. Barnard outlined his previous experience with designing multi-use facilities throughout the United States.  Discussion among the Commissioner ensued.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Memorandum of Understanding with National Sports Services related to a baseball franchise and facility at The Ranch. 

Motion carried 3-0.

 

05152007A004           MEMORANDUM OF UNDERSTANDING BY AND BETWEEN LARIMER COUNTY AND NATIONAL SPORTS SERVICES, LLC

 

 

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

 

 

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

 

 

11.  LEGAL MATTERS:  There were no legal matters to discuss.

 

 

The meeting ended at 10:55 a.m.

 

 

 

THURSDAY, MAY 17, 2007

 

 

PUBLIC IMPROVEMENT DISTRICT HEARING

FOR MOUNTAIN RANGE SHADOWS #34

(#65)

 

The Board of County Commissioners met at 6:30 p.m. with Rex Burns, Project Engineer.  Chair Wagner presided and Commissioners Gibson and Rennels were present.  Also present were: Linda Sanders, Engineering Department; and Kristen Romary, Deputy Clerk. 

 

Mr. Burns explained that the Mountain Range Shadows Subdivision is located immediately north of County Road 30 on the west side of the I-25 Frontage Road.  Mr. Burns said that the advertised public hearing is to consider the creation of a PID to help fund road maintenance and construction within the Mountain Range Shadows Subdivision.  The Commissioners can approve the petition for organization for the PID which will then be added to the November ballot for residents to vote on.  Mr. Burns stated that the roads are not currently in poor condition, and were rebuilt in 1987.  However, a preventative maintenance approach to road improvements would be possible through the creation of a PID.

 

Ms. Sanders explained that there are 297 lots within the proposed district and 59.4% of the property owners signed the petition in favor of the PID.  She also explained that three written letters in support of the PID were sent to the Engineering Department prior to the hearing. 

 

Mr. Burns said that a mill levy of 11.344 mills will be set for the first three years which averages out to be $118 per property per year.  After the initial three years, the mill levy will be set at 21.067 mills at an average of $219 per property.  In 2007, the area paid off the local improvement debt for sanitation improvements that was created in 1989; this was paid off three years early. 

 

At this time, Chair Wagner opened the hearing for public comment.  Freta and Kenneth Edwards, and Mary Shin stated that they are against the creation of a PID.  Mr. Edwards said that this is not a good time to be asking residents for more money, and Ms. Edwards said that she would like to see that each homeowner is assessed the same amount of money for the PID.  Clara Kelly, Hal Barhite, and John Gilbreth said that they were in favor of the creation of a PID.  Mr. Barhite emphasized the fact that Larimer County is only responsible for minimal maintenance on their residential streets, which includes surface repairs only.  A PID will ensure the necessary continual maintenance of the roads while increasing property values in the area.  Marilyn Hile said that she would like to see the budget and wants all property rights to remain with the owner. 

 

Mr. Burns said that all funds and spending associated with the PID will be of public record, and everyone has the ability to see where the money is allocated.  Through an application process, homeowners from the district will have the opportunity to serve on the PID advisory board which is approved by the Board of County Commissioners.

 

Commissioner Gibson said that he is in favor of the PID which will be less expensive for homeowners in the long run, and will help increase property values.  Chair Wagner and Commissioner Rennels said that they were in support of the PID and think that it is an equitable way to maintain subdivision streets. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Resolution approving the petition for the organization of Larimer County Mountain Range Shadows Public Improvement District No. 34. 

Motion carried 3-0.

 

05172007R001           RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF LARIMER COUNTY MOUNTAIN RANGE SHADOWS PUBLIC IMPROVEMENT DISTRICT NO. 34

 

The meeting ended at 7:45 p.m.

 

 

 

 

 

 

__________________________________________

KAREN A. WAGNER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 _________________________________

Kristen L. Romary, Deputy Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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