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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, June 15, 2009

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were: Traci Shambo, Engineering Department; Chad Gray, Rob Helmick, Toby Stauffer, and Michael Whitley, Planning Department; Jeannine Haag, Deputy County Attorney; and Melissa Lohry, Deputy Clerk.

 

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

 

Chair Rennels explained that the following items are on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         CARLE SUBDIVISION LOTS 2B AND 3B AMENDED PLAT, FILE #09-S2880:   This is a request to amend the replat of the Carle Subdivision to adjust a lot line between Lot 2B and Lot 3B to accommodate an addition to an existing house. In their review, staff has found the proposed plat amendment will not adversely affect any neighboring properties or any county agency, nor will it result in any additional lots; therefore, staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

Staff recommends approval of the Amended Plat of the Amended Replat of Lots 2B & 3B, Carle Subdivision, file #09-S2880, subject to the following conditions (and authorization for the chairperson to sign the plat when the conditions are met and the plat is presented for signature):

 

1.         The final plat, shall be recorded by December 15, 2009, or this approval shall be null and void.

 

2.         Prior to the recordation of the final plat the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda for June 15, 2009, as published.

 

Motion carried 3-0.

 

2.         CARSTENS 2ND MINOR RESIDENTIAL DEVELOPMENT LOT 1 AMENDED PLAT AND FEE APPEAL, FILE #08-S2851:   This is a request to amend the plat of Lot 1 of the Carstens 2 nd Minor Residential Development and Tract B of the Jim Crouch Boundary Line Adjustment to facilitate a land swap necessary for the completion of the Carstens Backbone View Subdivision. Additional requests are an appeal (waiver) of the application fee and approval of “phasing” for the Final Plat of the Carstens Backbone View Subdivision. The applicant wishes to move forward with this request at this time as a part of an overall strategy to preserve a compilation of real estate transaction commitments, approvals, and entitlements in light of the current lack of development funding available. 

 

Because of the current market conditions and relative nearness of completion of the requirements for approval of a final plat, the applicants wish to receive an indication from the Board of County Commissioners that the strategy they intend to employ on the companion final plat (not under consideration at this hearing) is appropriate. The applicant is experiencing difficulty obtaining financing for the required improvements for the final plat, and move forward with the amended plat. The applicant wishes to proceed with a phased approach and an initial final plat for the development to create a single undeveloped block and one lot around the existing residence and home. This undeveloped block would then be able to proceed to a future platting to develop the five new lots. It is the applicants’ wish to preserve the nearly completed engineering studies for at least two years, allowing adequate time for the economy to recover.

 

The applicant further requests the Board of County Commissioners waive the application fee for this application. This request is a companion to a final plat, and is necessary for the approval of the final plat. The fee for the final plat, $3,600 has been paid and the fee for an amended plat is $600. The request for the fee waiver is at the digression of the Board. The applicant is correct that the review of this request has been a part of the review of the final plat.

 

The application for the amended plat and boundary line adjustment is straight forward and has all necessary agency reviews and approvals. The request meets all of the review criteria and is consistent with the requirements of the Larimer County Land Use Code.

 

Staff recommends approval of the Carstens 2nd MRD Amended Plat, file #08-S2851, subject to the following conditions (and authorization for the chairperson 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 15, 2009, 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.

 

Staff has no recommendation with respect to the request for fee waiver.

 

Chair Rennels invited the applicant to address the Board and John Mathey did so on behalf of the applicants and land owner. Mr. Mathey stated he did not have anything further to add.

 

Chair Rennels then opened the hearing for public comment; however, there was no public present to speak on behalf of this item.

 

Chair Rennels stated that she was in favor of approval of this item with the condition that, when it is completed, it is presented to the Board for approval, not submitted via a consent agenda. This will allow the Board to track the time and expenses incurred until completion.

 

Commissioner Donnelly also voiced his support of the request.

 

Commissioner Johnson asked Mr. Helmick if this item had caused any increased work and cost for staff (beyond that which would have been required for the subdivision request).  Mr. Helmick stated it had not.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Carsten’s 2nd MRD Amended Plat, file #08-S2851, subject to the conditions outlined above and authorization for the chairperson to sign the plat when conditions are met and the plat is presented for signature; and approve the requested appeal to the application fee.

 

Motion carried 3-0.

 

3.         ERDMAN ZONING VIOLATION, FILE #07-CC0401:   Mr. Gray explained that the property in violation is owned by Gene and Carol Erdman and is located three quarters of a mile north of the intersection at Highway 287 and County Road 80.

The Erdmans are in violation of Section 4.1.5 O-Open Zoning District of the Larimer County Land Use Code by virtue of having two residences on one parcel of land which is not allowed in the Open zoning district.

 

On April 16, 1999, a building permit was issued for a Single Family Residence with a condition attached that stated “the existing mobile home shall be removed from the site within 60-days of the Certificate of Occupancy being released for the new residence.” The Certificate of Occupancy (CO) was issued on July 10, 2006. In December of 2007, a couple of complaints were received by the Board of County Commissioners in regards to the property still containing two residences.

 

The property owners were then contacted and given the option to remove the older residence or obtain approval for an Extended Family Dwelling. The owners applied for an Extended Family Dwelling in August 2008, and were denied because the family member lived in Pennsylvania.

 

Planning staff gave the property owners until May 1, 2009, to move the family member to the property or remove the mobile home. In speaking with Mr. Erdman on May 1 st, he indicated that he had no plans to move his father to the property and does not want to remove the mobile home. At that time, a hearing with the Board of County Commissioners was scheduled and notice of the hearing was mailed by certified and regular mail to the owners.

 

Staff would like to point out that the Larimer County Land Use Code was enacted, in part, to protect and limit the impacts on water, sewer demands, county roads, and property values of Larimer County residents. By allowing two residences, without county approval, on this property could send the message to neighboring properties that this is acceptable and may lead to unsafe building and sanitation conditions.

 

Staff recommends the Board of County Commissioners find a violation does exist, require compliance with Larimer County Land Use Code within 30-days, and authorize legal action if the deadline is not met. The following items must be completed in order to reach compliance with the Larimer County Land Use Code: remove the mobile home or obtain approval for an Extended Family Dwelling.

 

Chair Rennels asked if the property was large enough to be subdivided and Mr. Lafferty stated it was. Commissioner Donnelly then asked it the two homes were sharing a single septic system and Mr. Gray stated they were.

 

Chair Rennels opened the hearing to Mr. Erdman who stated that he had no desire to subdivide the property. He stated that he did not want to remove the mobile home because he would like to retain the possibility for his father to relocate to Colorado and reside in a residence separate from his own. He also stated that he does not like having the mobile home on the property and will remove it as soon as he is sure his father cannot relocate. 

 

Commissioner Donnelly asked staff if the county’s code specifically stated an Extended Family Dwelling must be occupied at all times. Mr. Lafferty said no. Mr. Lafferty stated that if the Board was so inclined, they could grant the Erdmans an Extended Family Dwelling permit; however, the Erdmans would have to pay the required $450 transportation impact fee, as mandated by county code, unless the County Engineer is able to determine there would be no increased vehicle traffic to or from the residence due to the issuance of the permit, which is likely, as Mr. Erdman’s father is unable to drive. Lastly, Mr. Lafferty stated that the permit would need to be renewed by the Erdmans every three years until it is no longer necessary.

 

Commissioner Johnson stated he was comfortable with the issuance of an Extended Family Dwelling permit, as long as no other individuals were to occupy the mobile home and Mr. Erdman is required to remove the mobile home as soon as it is no longer needed.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners find no violation exists as long as Mr. Erdman completes the necessary paperwork to apply for an Extended Family Dwelling permit within 30-days of this hearing, and approve authorization for the Planning Department to issue the permit when the paperwork is submitted, with the conditions that only Mr. Erdman’s father occupy the mobile home and the mobile home is removed as soon as it is no longer necessary.

 

Motion carried 3-0.

 

There being no further business, the meeting adjourned at 4:00 p.m.

 

 

TUESDAY, JUNE 16, 2009

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:30 a.m. with Neil Gluckman, Assistant County Manager. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were: Deni LaRue, Cheryl Miget, and Diane Tokarz, Commissioners’ Office; Gary Buffington, K-Lynn Cameron, and Kerri Rollins, Department of Natural Resources; Candace Phippen and Sean Wheeler, Planning Department; Gael Cookman, Clerk and Recorder’s Office; Linda Connors and Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

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

 

2.         APPROVAL OF MINUTES FOR THE WEEKS OF JUNE 1, 2009, AND JUNE 8, 2009:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the weeks of June 1, 2009, and June 8, 2009.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JUNE 22, 2009:   The Commissioners reviewed their schedules for the upcoming week.

 

4.         CONSENT AGENDA: Chair Rennels asked if the item titled, “State of Colorado Department of Natural Resources, Division of Wildlife contract by and between the Board of County Commissioners and the State of Colorado” was in respect to the invasive mussel inspection program at Carter Lake and Horsetooth Lake.  Mr. Buffington stated it was.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Consent Agenda as published.

 

ABATEMENTS:       As proposed by the County Assessor, the following Petitions for Abatement were presented for approval:  John R. Merck and Jacquelyn I Merck; Werthwhile LLC doing business as Inlet Bay Marina; GE Supply and Services No. 7440; Kerry K. Keiswetter and Rhonda G. Henson; and Pieper Enterprises. As proposed by the County Assessor, the following Petitions for Abatement were presented for denial: James C. and Michelle H. Moore and Mason Street LLC.

 

06162009A001             PROJECT SELF-SUFFICIENCY AMENDMENT TO AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THROUGH THE LARIMER COUNTY WORKFORCE CENTER, AND PROJECT SELF-SUFFICIENCY

 

06162009A002           STATE OF COLORADO OFFICE OF ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE GRANT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ENTERPRISE ZONE MARKETING

 

06162009A003           FIRST ADDENDUM TO LANDFILL GAS PURCHASE AGREEEMNT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TIMBERLINE ENERGY LLC

 

06162009A004           ARCHITECT/ENGINEER SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BHA DESIGN, INC

 

06162009A005           DEVELOPMENT AGREEMENT FOR MEADOWLARK RIDGE CONSERVATION DEVELOPMENT, FILE #04S2268, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JEAN VADER

 

06162009A006           STATE OF COLORADO DEPARTMENT OF NATURAL RESOURCES, DIVISION OF WILDLIFE, CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO

 

06162009A007           CONTRACT AMENDMENT NO. 4 TO ORIGINAL CONTRACT NO. 2306-1308 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HUMAN SERVICES, AND THE STATE OF COLORADO, THROUGH THE DEPARTMENT OF HEALTH CARE POLICY & FINANCING

 

06162009A008           AGREEMENT TO PURCHASE SERVICES TANF POST-PARTUM HOME VISITS BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HUMAN SERVICES, POUDRE VALLEY HEALTH CARE, AND POUDRE VALLEY HEATH SYSTEM FOUNDATION

 

06162009D001           DEED OF DEDICATION, PATRICIA KAY BLOCK

 

06162009R001           FINDINGS AND RESOLUTION APPROVING THE GREENFIELDS PLANNED LAND DIVISION PRELIMINARY PLAT AND REZONING TO PLANNED DEVELOPMENT

 

06162009R002           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE REGARDING TRANSPORTATION CAPITAL EXPNASION FEES

 

06162009R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 10, 11, AND LADERA ROAD IN HORSESHOE PARK AND EASEMENT VACATION

 

06162009R004           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR MEADOWLARK RIDGE CONSERVATION DEVELOPMENT

 

06162009R005           FINDINGS AND RESOLUTION APPROVING THE SERVICE PLAN FOR THE ESTES PARK FIRE PROTECTION DISTRICT

 

MISCELLANEOUS:            Final Plat – Meadowlark Ridge Conservation Development.

 

LIQUOR LICENSE:            Sandy’s Convenience Store – 3.2% – Loveland; Legacy Land Trust – Special Event 6% – Fort Collins.

 

Motion carried 3-0.

 

5.         PROPOSED ACTION PLAN TO INCORPORATE “WHOLE MEASURES” INTO THE NATURAL RESOURCES DEPARTMENT:   Mr. Buffington, Ms. Cameron, and Ms. Rollins addressed the Board to discuss the “Whole Measures” program. The program includes 10 Value-Based Practices for Whole Communities in conjunction with a rating scale to assess current and/or proposed practices and their impact on both the people and land. Ms Cameron explained the vital role this program could play in conversations between boards, staff, and the Commissioners.

 

The Board reviewed the Value-Based Practices and Commissioner Johnson asked that “Acknowledging injustice” be removed from the Justice and Fairness section. He felt acknowledging injustice was out of the scope of the county’s responsibilities.

 

Chair Rennels stated that she is excited about the program and thinks the Department of Natural Resources is the most effective department to pilot the program. The Board discussed whether this program would overlap with any of the other programs being implemented in the county. After some discussion, it was decided there would not be any significant overlap.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the draft action plan to incorporate “Whole Measures” into the Natural Resources Department with the removal of “Acknowledging Injustice” from the 10 Value-Based Practices.

 

Motion carried 3-0.

 

6.         APPOINTMENTS TO BOARDS AND COMMISSIONS:   Ms. Tokarz read the following appointments to the various Boards and Commissions:

 

Board of Appeals: Chris Allison, reappointed to a term beginning July 1, 2009, and expiring June 30, 2012.

 

Board of Health: Stephen Yurash, newly appointed to a term beginning July 1, 2009, and expiring June 30, 2014.

 

Community Corrections Advisory Board:   Sheila Davidson and Mark Mills, newly appointed to a term beginning July 1, 2009, and ending June 30, 2011. Kraig Ecton, Sidney Simonson, and William Sublette, reappointed to a term beginning July 1, 2009, and ending June 30, 2010. Laurie Barnhill, Philip Bolduc, Jade Bozmans, Michael Esters, Roger Gunlikson, Susan Hangartner, M. Janet Loughon, Albert Mauk, and Amanda Nagle, reappointed to a term beginning July 1, 2009, and ending June 30, 2011.

 

Estes Valley Board of Adjustment:  Bruce Grant and John Lynch, reappointed to a term beginning July 1, 2009, and ending June 30, 2012.

 

Estes Valley Planning Commission:   Rex Poggenpohl, newly appointed to a term beginning July 1, 2009, and ending June 30, 2013.

 

Fair Board:   Aislinn Kottwitz, newly appointed to a term beginning July 01, 2009, and ending June 30, 2012.

 

Juvenile Community Review Board:   Mary-Jo Briguglio, Liz Davis, and Cheryl (Charlie) Elkins, newly appointed to a term beginning July 1, 2009, and ending June 30, 2012. Wendi Tucker, reappointed to a term beginning July 1, 2009, and ending June 30, 2011. Megan Einerson, Andy Josey, Karen Rohloff, Michael Ruttenberg, Tom Wagner, and Austin Winkler, reappointed to a term beginning July 1, 2009, and ending June 30, 2012.

 

Laporte Area Planning Advisory Committee:   Susanne Cordery-Cotter, Nancy Grice, and Ed Ott, reappointed to a term beginning July 1, 2009, and ending June 30, 2012.

 

Larimer Integrated Family Enhancement Board:   Laura Garrett, Jerri Howe, Laurie Klith, Michael Ruttenberg, Marilyn Thayer, and Esther Worman, newly appointed to a term beginning July 1, 2009, and ending June 30, 2012. Cyndi Dodds reappointed to a term beginning July 1, 2009, and ending June 30, 2012.

 

Open Lands Advisory Board:   David Roy, newly appointed to a term beginning July 1, 2009, and ending June 30, 2012.

 

Weed Control District Advisory Committee:   Ken Mathias and Duane Pond, reappointed to a term beginning July 1, 2009, and ending June 30, 2012.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the above listed appointments and reappointments to various board and commissions.

 

Motion carried 3-0.

 

7.         ASSISTANT COUNTY MANAGER WORSESSION: Ms. Miget addressed the Board to receive clarification of the scoring system practices for budget forecasting. The Board confirmed with Ms. Miget that they would like input from the senior management team, as well as division and department heads.

 

Mr. Gluckman and Ms. LaRue asked the Board to host a question and answer session during the department head’s meeting on July 10, 2009.  Mr. Gluckman believes this will help department heads become more familiar with the Commissioners as well as address any questions they may have.

 

8.         COMMISSIONER ACTIVITY REPORTS:   The Board reviewed their attendance at events during the previous week.

 

9.         LEGAL MATTERS:   Ms. Haag, Ms. Phippen, and Mr. Wheeler asked the Board for direction regarding a request they had received from Richard Ward, owner of Ward Recycled Products.  During a rezoning hearing on June 1, 2009, Mr. Ward was instructed by the Board to stop any further crushing and proceed with removing already crushed materials from the site.

 

Recently, Mr. Ward contacted the Planning Department to ask whether he could continue screening materials, a process that may require some crushing.  He explained that before the some of the materials can be removed, he must screen them.

 

The Board questioned staff in regards to the noise generated from screening and ultimately felt it was vital for Mr. Ward to remove the materials from the site, even if it does mean some crushing and screening will have to take place, under the following conditions:

           

1.         Mr. Ward is only permitted to screen for three days, eight hours each day. The dates and hours must be given to staff before screening may commence.

 

2.         This is a one time allowance. All other requests must be submitted to the Board.

 

3.         All neighbors and individuals that spoke against the rezoning request at the Planning Commission hearing must be notified through the mail by staff as to the Board’s decision. This notification must include the dates and times the screening is scheduled to take place.          

 

Ms. Haag and Bill Porter, from the Larimer Humane Society, reviewed the changes that had been made to the draft of the Animal Control Ordinance Amendments. The Board made a couple of revisions and decided to proceed with the second reading, as scheduled, on June 22, 2009.

 

Ms. Phippen notified the Board of a house boarding, to be conducted by the county, which will take place at a property near Loveland. The house has apparently been abandoned as several attempts to reach the owners have failed; therefore, the house will be secured for safety reasons.

 

Ms. Phippen informed the Board of a request she received from Nicole Collins, owner of Complete Equestrian, for an extension on the amount of time she was granted to vacate her horse boarding business. A public hearing has been set for July 6, 2009, to address the request.

 

Ms. Connors requested the Board go into Executive Session to discuss Liquor License Hearings as outlined in C.R.S. 24-6-402(4)(e).

 

M O T I O N

 

Commissioner Johnson moved that the Board go into Executive Session to discuss Liquor License Hearings as outlined in C.R.S. 24-6-402(4)(e).

 

Motion carried 3-0.

 

There was no decision at the conclusion of the Executive Session; therefore, the meeting adjourned at 12:15 p.m.

 

 

 

 

 

 

________________________________

                                    KATHAY C. RENNELS, CHAIR

BOARD OF COUNTYCOMMISSIONERS

 

 

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

 

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