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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, June 21, 2010

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Johnson presided and Commissioners Donnelly and Gaiter were present.  Also present were:  Samantha Mott, Toby Stauffer, and Eric Fried, Planning Department; Jeff Goodell, Engineering Department; Doug Ryan, Environmental Health Department; Bill Ressue, County Attorney’s Office; and Tamara Slusher, Deputy Clerk.

 

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

 

Chair Johnson 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.         MCCREERY-THOMPSON AMENDED PLAT:  This is a request to amend the interior boundary between two existing lots which are currently under the same ownership.  The owner desires to adjust the interior line with the purpose of creating a smaller tract that could be sold while keeping as much open space as possible.  The existing western lot (Tract 3) would be changed from 20-acres to 10-acres with roughly the southern half of the lot being absorbed into the eastern lot (Tract 4).  The eastern lot would increase in size from 13-acres to 24-acres.

 

The Estes Park Community Development staff recommends approval of this request subject to the findings as outlined by the Estes Valley Planning Commission:

 

  1. Pursuant to C.R.S. 30-28-110 (4)(a), “no plat for subdivided land shall be approved by the Board of County Commissioners unless at the time of the approval of platting, the subdivider provides the certification of the County Treasurer’s Office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid.”
  2. This proposal complies with applicable sections of the Estes Valley Development Code, including Section 3.9.E, “Standards for Review” and 10.3 “Review Procedures.”
  3. Approval will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of this Code.
  4. This request has been submitted to all applicable reviewing agency staff for consideration and comment.  No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services.
  5. Within sixty (60) days of the Board’s approval of the amended plat, the developer shall submit the final plat for recording.  If the amended plat is not submitted for recording within the sixty (60) day time period, the approval shall automatically lapse and be null and void.

 

2.         GREELEY-BOULDER COLONY SUBDIVISION LOT CONSOLIDATION:   T his is a request to combine five parcels into a single lot of record.  The purpose of this plat is to “clean up” the property for a proposed resort cabin development, which is currently undergoing development plan review.  The plat will remove interior lot lines (perimeter boundary will not change), dedicate utility and access easements, and dedicate a portion of right-of-way for Highway 66.

 

Estes Park Community Development staff recommends approval of the requested amended plat.

 

3.         NEWLL’S LAKE VIEW LOTS 1 AND 2 LOT CONSOLIDATION, FILE #10-S2961:   This is a request to combine two adjacent lots, Lot 1 and Lot 2, Newell’s Lake View Subdivision into one lot.

 

No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:

 

·   The Department of Health and Environment 

·   The Addressing Section

·   The Engineering Department

·   The Code Compliance Section

 

The proposed lot consolidation of Lots 1 and 2 in Newell’s Lake View Subdivision will not adversely affect any neighboring properties or any County agency.  The lot consolidation will not result in any additional lots and no others services will be affected.  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 of Lots 1 and 2, Newell’s Lake View Subdivision, File #10-S296, subject to the following conditions:

 

  1. All conditions of approval shall be met and the final resolution of the Board of County Commissioners will be recorded by December 21, 2010, 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.

 

4.         DAVIES MINOR RESIDENTIAL DEVELOPMENT LOTS 1 AND 2 AMENDED PLAT, FILE #10-S2964:  The request is for an amended plat to reconfigure the lot line between Lots 1 and 2 of the Amended Plat of Tract 1-A, of the Amended Plat of Tracts 1 and 2, Davies M.R.D. No. 98-S1323 and a Portion of Tract B, of the Amended Stringer Exemption.

 

The existing configuration of the properties includes a 10 acre lot with an existing mobile home park that only takes up approximately 4.23 acres of the 10 acre lot and a 30.8 acre lot with an existing residence, garage, and agricultural buildings.

 

The applicants own both parcels and they want to reconfigure the lot lines to follow the fence line around the mobile home park.  The applicants received approval from the Board of County Commissioners on April 12, 2010, for a lot size appeal to reduce the 10 acre lot with the existing mobile home park and add a portion of that lot to the adjacent 30.8 acre lot, Davies Lot Size Appeal File #10-G0190.  A condition of approval for the lot size appeal was that the applicants submit an amended plat to reconfigure the lot lines between the two lots.  No additional lots would result from the Amended Plat.

 

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 Addressing Coordinator
  • The Larimer County Engineering Department
  • Code Compliance Section
  • Dale Greer, Land Surveyor of the Larimer County Engineering Department identified several required corrections to the plat

 

The proposed plat amendment will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots.  The Development Services Team finds that this request meets the requirements of Larimer County Land Use Code.

 

The Development Services Team recommends Approval of the Amended Plat of Lots 1 and 2 of the Amended Plat of Tract 1-A, of the Amended Plat of Tracts 1 and 2, Davies M.R.D. No. 98-S1323 and a Portion of Tract B, of the Amended Stringer Exemption, File #10-S2964, subject to the following condition(s) and authorization for the chairman 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 21, 2010 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.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as published.

 

Motion carried 3-0.

 

5.         ABC STORAGE APPEAL:  The property owners are requesting an appeal to Section 8.6.3.C.1 of the Land Use Code to allow the use of gravel surfacing in an area proposed for boat and recreational vehicle storage.

 

ABC Storage currently has an enclosed storage facility on the property located on the east side of Highway 287 (Lincoln Avenue.), approximately ¾ of a mile south of Highway 402.  A Site Plan was approved in October of 2007 to add additional storage buildings to the site.  In January of 2009, the Board of County Commissioners approved an Amended Plat to add a 4.3 acre portion of the lot to the north of the existing ABC Storage site to their property to enlarge the lot.  The applicant has indicated that they eventually want to add more storage buildings on this new portion of the lot, but until they do that they want to use the area for the temporary storage of boats and recreational vehicles.  This application is an appeal to the requirement of paving the area for the temporary storage of the boats and recreational vehicles.  The applicant has indicated the owners intend to pave the drive aisles at a later date when future storage buildings are constructed.

 

The parcel is located within the Growth Management Area of the City of Loveland. 

Section 8.6.3.C.1 of the Larimer County Land Use Code states “within Growth Management Areas Districts, all off-road, multiple-family and nonresidential parking area must be paved with asphalt or concrete.”  Staff supports the use of road base for the parking area where the boats and recreation vehicles will be stored, but does not support the use of gravel for the drive aisles to access those parking spaces.

 

While the applicant has indicated that the owners intend to eventually develop the area with additional storage buildings, the required Site Plan Review process for the boat and recreational vehicle storage would not put a time limit on how long that use could remain on the site.  In other words, even though the applicant has indicated that the owners would like to wait on paving the drive aisles until they construct the storage buildings there would be nothing to prevent them from continuing to use the site for outdoor storage of boats and recreational vehicles if they received approval through the Site Plan Review process.  If the appeal is approved to waive the paving requirement for the drive aisles for the outdoor storage there is no assurance that the use would ever change to enclosed storage or when in the future that change would occur.

 

The 4.3 acre portion of the parcel that was added by the amended plat in 2009 was rezoned to I-Industrial in 1989.  A condition of the rezoning was that the applicant shall provide paved off-street parking and circulation.  That condition still applies to this portion of the lot.  The southern portion of the lot with the existing storage buildings is already paved.

 

The applicant has submitted pictures of other sites that utilize unpaved drive aisles and unpaved storage areas.  Those sites appear to contain either illegal uses or uses that commenced prior to the current regulations.

 

The Development Services Team supports the use of an all-weather surface such as gravel or recycled asphalt for the surface of storage areas but recommends that the paving requirement not be waived for the drive aisles that provide access to those storage areas. 

 

The reason for supporting this deviation from the Code language is based upon the Development Services Teams’ understanding that long term parked vehicle tend to leave small fluid deposits on the ground and non paved surfaces will provide better water quality practices in these situations than paving.  Thus, the Development Services Team supports a partial appeal that requires paving of the drive aisles but not paving of parking spaces.

 

The requirement for paving of the drive aisles is consistent with other projects that have recently been reviewed and approved, the most recent being the Fort Collins Dry Dock Minor Special Review which is in the Fort Collins Growth Management Area.  The Board of County Commissioners approved the project but put a condition that the drive aisles for the storage lot be paved and the parking spaces be allowed to be compacted gravel surface.

 

Staff received comments from the City of Loveland, the Larimer County Health and Environment Department, the City of Loveland Fire Prevention Bureau, the Larimer County Engineering Department, and the Larimer County Code Compliance Section.  These comments are attached to the report.  While the City of Loveland and the City of Loveland Fire Prevention Bureau have indicated that they could support the use of an all weather surface such as recycled asphalt, the Larimer County Engineering Department has indicated that they will require the drive aisles to be paved with asphalt or concrete.

 

The Code Compliance Section has noted that they received an anonymous complaint regarding the expansion of ABC’s outside “junkyard/storage area”.  Staff would like to note that the site cannot be used for boat and recreational vehicle storage unless and until they receive approval through the Site Plan Review process.

 

The Development Services Team finds the following:

 

  1. Approval of the appeal would subvert the purpose of the standard or requirement.
  2. Approval of the appeal could be detrimental to the property values in the neighborhood, but most likely will not be detrimental to public health or safety.
  3. Approval of the appeals is the minimum action necessary.
  4. Approval of the appeals will not result in increased costs to the general public.
  5. Approval of the appeals is not consistent with the intent and purpose of the Code.

 

The Development Services Team recommends the Board of County Commissioners approve in part the appeal to Section 8.6.3.C.1 regarding the storage of boats and recreational vehicles by requiring that only the access drive aisles for the storage area be paved and the parking spaces be allowed to be of a compacted gravel surface subject to the following conditions:

 

  1. The owners must receive site plan approval prior to commencing the use of boat and recreation vehicle storage on the lot.
  2. The main drive access aisle to the south of the building location will be paved
  3. All drive aisles comply with the City of Loveland Fire Prevention Bureau standards of an all weather drive surface capable of supporting a load of 18,000 pounds minimum.

 

Chair Johnson opened the hearing to the applicant and Patricia Kroetch and Don Burton discussed the timeline for future developments as well as their desire to not pave the area due to future construction that will occur on the site. 

 

Discussion ensued regarding the financial hardship, what area should be paved, and the surface requirements of the City of Loveland Fire Prevention Bureau.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the appeal to Section 8.6.3.C.1 regarding the storage of boats and recreational vehicles, ABC Storage Appeal, File #10-G0193, by requiring that only the proposed main drive aisle be paved and the remaining area be composed of compacted gravel surface subject to the conditions outlined above.

 

Motion carried 3-0.

 

6.         NATURE’S MEDICINE MEDICINAL MARIJUANA VIOLATION:  The property owner is in violation of the Larimer County Land Use Code Section 4.1.18A (C – Commercial – Principal Uses) by virtue of operating a medical marijuana dispensary without first obtaining Special Review approval.

 

This property is located in condominium units A5 and A6 of Sierra Plaza South Condos, on the south side of Southeast 8th St., Loveland, about 500 feet east of South Lincoln Avenue, within the Loveland Growth Management Area.  The site is in a predominantly commercial/industrial area but is within 500 feet of existing residences.

 

The Code Compliance section received a referral from the City of Loveland that a medical marijuana dispensary was operating on the above site, and initiated a violation file on December 23, 2009. Code Compliance Officer Eric Fried went to the site that day, noted the Nature’s Medicine sign on the front of the building, and entered the premises. CC Officer Fried asked to speak to the proprietor, and was introduced to Mr. Drew McNeil. CC Officer Fried informed him he was not in compliance with county land use rules and asked him to voluntarily cease operations by January 1, 2010, or the matter would be referred to the County Attorney’s office. CC Officer Fried explained that under current Larimer County Land Use Code rules, medical marijuana dispensaries were not a listed use in any zoning district and could only be operated under a Special Exception zoning approval, which they had not obtained. CC Officer Fried further explained that the Board of County Commissioners had adopted a moratorium on medical marijuana dispensary applications, and notified Mr. McNeil of the upcoming public hearing on the subject, in case he wished to attend. Mr. McNeil informed CC Officer Fried he was not going to cease operations by January 1, 2010.

 

The next day upon returning to the office CC Officer Fried composed a Site Visit Report. A formal Notice to Cease and Vacate Business Use, prepared by Code Compliance Supervisor Candace Phippen, was sent via certified and regular mail on December 28, 2009.

 

January 1, 2010, was a county holiday. On Monday, January 4, CC Officer Fried returned to the site and noted the dispensary was still operating, with customers coming and going and the Open sign illuminated at the front door.

 

Larimer County adopted new regulations for medical marijuana dispensaries and grow operations on January 4, 2010.  Under these adopted rules, medical marijuana dispensaries in C-Commercial zoning districts must obtain a Special Review zoning approval and must not be located within 1,000 feet of an existing public or private school or licensed child care facility nor within 500 feet of any existing residence, church or religious institution, drug or alcohol rehabilitation facility, public community center, park or playground, or principal campus of a college, university or seminary. Medical marijuana businesses existing prior to the adoption of the new regulations were allowed to continue operating as long as satisfactory progress was being made towards county land use approval.

 

Upon adoption of the new rules, county staff attempted unsuccessfully to arrange a meeting between the owners and County Planner Michael Whitley to explain the requirements to apply for a Special Review. On February 22, 2010 Assistant County Attorney Jeannine Haag sent a letter to Mr. McNeil by certified and regular mail requesting he call Mr. Whitley no later than March 5, 2010 to arrange such a meeting. Mr. McNeil called Mr. Whitley on March 5, 2010 and arranged a meeting, which occurred on March 12, 2010. Mr. Whitley explained the process and that the deadline to submit their application was April 12, 2010. Mr. Whitley called the owners after they missed that deadline, and was told they would apply by May 10, 2010. When they failed to make application by May 10, 2010, this hearing was scheduled.

 

This business is located within 500 feet of two existing residences.

 

Notice of this hearing was mailed certified and regular mail to the property owners and listed agent for the business, and by regular mailing to property owners within 1,000 feet of the site. 

 

Since the time this hearing was scheduled, the special review application has been submitted to the Planning Department.

 

Larimer County Land Use Code amendments on medical marijuana operations were adopted to ensure compliance with county codes and state law.  Concerns include proximity to residences, schools, parks, community centers and other facilities, smoking and consumption of medical marijuana on site, and security.

 

Staff has made the following findings:

 

  1. The property is zoned C-Commercial.

 

  1. Medical marijuana dispensaries and grow operations require Special Review zoning approval in the C-Commercial zoning district.

 

  1. Nature’s Medicine has not obtained Special Review zoning approval.

 

  1. This business is located within 500 feet of two existing residences.

 

Staff recommends that the Board of County Commissioners find that a violation does exist, require compliance with the Larimer County Land Use Code, set a deadline for compliance and authorize legal action if the deadline is not met.  Compliance requires obtaining a Special Review zoning approval, as well as an appeal of our standard that medical marijuana dispensaries may not be located within 500 feet of an existing residence. The Board of County Commissioners will need to decide whether the business may continue to operate during the process of reaching compliance with our codes, or must cease operations.

 

Staff briefly explained the special review process and the length of time it would take before approval or denial was obtained; estimate approximately 4 to 6 months.  The Board asked several questions as to the series of events leading up to this violation hearing.

 

Mr. Juan Daniel Fresco, the applicant, addressed the Board explaining the reason for this code violation, as well as his intentions for the business and the timeline for the special review process.  Mr. Fresco expressed his desire to comply with all laws, county and state, as well as the concerns of the surrounding neighbors and his clients.

 

Chair Johnson opened the hearing for public comment and Brenda Pepper, Wayne Kenneth Williams, Lawrence Hart, Lynn St. John, and Peter Allen expressed their support of Nature’s Medicine and Mr. Fresco.  Each person described the business as extremely professional, and helpful for their conditions. 

 

Chair Johnson closed public comment and the Board expressed gratitude for Mr. Fresco’s desire to comply with the County’s Land Use Code, stating that even though a violation exists, they do support Nature’s Medicine staying open during the special review process.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners find that a violation of the Larimer County Land Use code exists for operating a medical marijuana dispensary without first obtaining County approval.  Commissioner Gaiter further moved that the Board of County Commissioners find that the business may continue to operate during the Special Review application process.

 

Motion carried 3-0.

 

There being no further business the hearing recessed at 4:50 p.m.

 

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 6:30 p.m. with Matt Lafferty, Principal Planner.  Chair Johnson presided and Commissioners Donnelly and Gaiter were present.  Also present were:  Michael Whitley, Planning Department; Jeff Goodell, Engineering Department; Bill Ressue, County Attorney’s Office; and Tamara Slusher, Deputy Clerk.

 

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

 

1.         XZUBERANCE SPECIAL REVIEW AND APPEAL:   This is a request for approval of a medical marijuana dispensary in the C – Commercial Zoning District and an appeal to Section 4.3.3.F.1 of the Land Use Code to allow the dispensary to be within 1,000 feet of two child care facilities and within 500 feet of eight residences, a church, and a public office.

 

This item was on the discussion agenda for the May 19, 2010 Planning Commission public hearing at 6:30pm.  At the hearing Staff presented the Development Services Team report recommending denial of the proposed Special Review and denial of the proposed appeal to Section 4.3.3.F.1 of the Land Use Code. 

 

The Planning Commission listened to testimony from the applicant and public regarding the application.  The majority of the testimony from the public focused on concerns regarding compatibility of the proposed medical marijuana dispensary with the surrounding businesses and residences.  A summary of the public testimony can be found in the attached Planning Commission minutes.

 

After taking testimony the Planning Commission deliberated and voted unanimously (8 to 0) to recommend denial of the Xzuberance Special Review and appeal, stating they did not find the use to be compatible with the surrounding area.

 

The Planning Commission and the Development Services Team recommend to the Board of County Commissioners that the Xzuberance Special Review, File #10-Z1778, be denied. 

 

If the Board approves the Xzuberance Special Review, the Planning Commission and Development Services Team recommend the following conditions:

 

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

 

  1. The Site shall be developed consistent with the approved plan and with the information contained in the Xzuberance Special Review File #10-Z1778, 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 Xzuberance Special Review.

 

  1. Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.

 

  1. Backflow prevention devices shall be provided on water services, including fire lines, if applicable. 

 

  1. In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved 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 Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the 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 Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.

 

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

 

  1. 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.

 

The Planning Commission and Development Services Team recommend denial of the appeal to Sections 4.3.3.F.1 of the Larimer County Land Use Code.

 

Discussion ensued amongst the Board and staff regarding the upcoming changes in the State’s regulations, as well as the neighborhood surrounding this site.

 

Erica Pilch, the applicant, addressed the Board and discussed her background in the medical industry, her plans for the business in its current location, and the difference in distance requirements between the State’s regulations and the County (straight line versus pedestrian path). 

 

The Board questioned Ms. Pilch regarding her location, relationship with her neighbors in Mulberry Commercial Park, and her ability to find alternate locations for her business.

 

Chair Johnson opened the hearing to public comment and Don Beatty, Larry Smith, and Debbie Beatty spoke in opposition to this special review citing the desires of the surrounding neighbors, distance requirements, security, and overall character of the commercial park as reasons for denial.

 

Ryan Natividad, Rose Natividad, Adrian Allen, Debbie Pilch, and Brian Allee addressed the Board in support of this application stating that Ms. Pilch is running a very professional business that serves the community well. 

 

Ms. Pilch responded to the public comments stating that she would increase the security at her expense, as well as make modifications to the fencing on the property if the commercial park required her to do so.  Ms. Pilch also explained that she understands the concerns and history of the bar and nightclub that used to occupy space in the commercial park, however, her business would be operated in a more professional manner.

 

Discussion ensued regarding increasing security at the site, the distance requirements outlined in the Land Use Code, and the concerns of the surrounding neighbors.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners deny the Xzuberance Special Review, File #10-Z1778.  Commissioner Donnelly further moved that the Board of County Commissioners deny the appeal to Section 4.3.3.F.1 of the Land Use Code.

 

Motion carried 2-1; (Commissioner Gaiter dissenting).

 

There being no further business the hearing adjourned at 8:40 p.m.

 

 

TUESDAY, JUNE 22, 2010

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Donna Hart & Deni LaRue, Commissioners’ Office; Alison Stoven O’Connor, Extension Office; Gary Buffington and David Lentz, Department of Natural Resources; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Francis Banderet addressed the Board and requested information about the County’s intent for the future of West County Road 6, near Berthoud.

 

Commissioner Donnelly explained that the issues with County Road 6 are ongoing and have been through many legal processes; therefore, he noted that he has requested information from the County Attorney’s Office regarding the matter. However, the Board has not yet received the requested information and could not comment on the matter at this time.

 

2.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JUNE 28, 2010:   Ms. Hart reviewed the upcoming schedule with the Board.

 

3.         CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as outlined below:

 

06222010A001           STATEMENT OF WORK BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TEMPUS NOVA INC           

 

06222010R001           FINDINGS AND RESOLUTION APPROVING THE PLYMOUTH ROAD RIGHT-OF-WAY AND UTILITY EASEMENT VACATION

 

06222010R002           RESOLUTION REGARDING EXTENSION OF APPROVAL FOR MCMURRY RANCH LOTS 13 & 14 AMENDED PLAT TIME EXTENSION

 

MISCELLANEOUS:             Larimer County Family Enhancement (LIFE) Advisory Board Bylaws; County Maintenance of Effort Program; Community Development Block Grant (CDBG) Project Completion Report; and 2011 CDOT 5311 Application Update for Rural Larimer County Transit Services.

 

LIQUOR LICENSES:         The following licenses were approved and issued:  Supermarket Liquors – Retail Liquor Store – Fort Collins; Al’s Canyon Grill – Transfer of Ownership and Temporary Permit – Fort Collins.

 

Motion carried 3-0.

 

4.         FARMER’S MARKET PROCLAMATION:       Ms. Stoven O’Connor requested the Board proclaim Saturday, June 26, 2010, “Farmers’ Market Day in Larimer County.” She noted that the farmers’ market will take place in the courthouse parking lot, at 200 W. Oak Street, every Saturday from June 26, 2010, until October 16, 2010. She also noted that the Larimer County Farmers’ Market is the only farmers’ market that accepts food stamps in addition to cash, check, and credit.

 

Commissioner Donnelly read the proclamation aloud.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners proclaim June 26, 2010, Farmers’ Market Day in Larimer County.

 

Motion carried 3-0.

 

5.         BLUE SKY TRAILHEAD/FIELD OF DREAMS PARKING FEES:   Mr. Buffington requested the Board approve a $6.00 daily parking fee for the Blue Sky Trailhead, to open in July. Mr. Buffington noted that the fees collected at the site will be utilized in part to pay for the operations of the trailhead and are recommended by the Open Lands Board and county staff.

 

Commissioner Donnelly asked Mr. Buffington why the county should charge its citizens to utilize open spaces, which are purchased with tax dollars. Mr. Buffington stated that many other open spaces charge daily fees, including Horsetooth Mountain Open Space, which is only a ¼ mil from Blue Sky Trailhead, to maintain the land and provide restroom facilities.

 

Chair Johnson asked if patrons with Larimer County Parks’ Passes would be able to access Blue Sky Trailhead without paying the $6.00 fee. Mr. Buffington stated that Blue Sky Trailhead would be covered under the county’s annual parks pass.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the park pass fee of $6.00 per vehicle per day at the newly improve Blue Sky trailhead parking area and Field of Dreams game area at Inlet Bay near Horsetooth Reservoir.

 

Motion carried 3-0.

 

6.         PEST INSPECTOR LANDOWNER ENFORCEMENT:  Mr. Buffington informed the Board that under the Pest Act, the county has the ability to remove trees on private property that are infested with Mountain Pine Beetles in an attempt to prevent spreading. Furthermore, Mr. Buffington explained, the Pest Act allows the county to recuperate up to $5,000 from the property owner, to help reimburse the costs of removing infested trees.

 

Mr. Lentz explained that in 2009, the owner of a property in the Park Meadows Subdivision was notified that 42-trees on the property were infested with Mountain Pine Beetles. At that time, the property owner chose not to remove the infested trees and this year, Mr. Lentz identified a total of 132-brood trees on the property.  

 

Mr. Buffington stated that the beetles are now endangering trees on adjacent properties and requested the Board’s approval to expend $5,000 on the removal of infested trees and to recuperate the expended funds from the property owner.

 

Commissioner Gaiter asked if $5,000 would cover the cost of removing all 132-infested trees. Mr. Lentz stated the $5,000 would only allow the county to remove about half of the 132-brood trees. However, the county plans to remove the infested trees along the outermost boundaries of the subject property in order to protect neighboring land owners.

 

Chair Johnson stated that he was in favor of supporting property owners who are actively trying to mitigate the problem and protect their property.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners authorize the Department of Natural Resources to expend $5,000 to remove brood trees from the subject property and recuperate the expended funds from the property owner, as outlined in the Larimer County Pest Act.

 

Motion carried 3-0.

 

7.         COUNTY MANAGER WORKSESSION:  There were no items for the worksession today.

 

8.         COMMISSIONER ACTIVITY REPORT:  The Board detailed their attendance at events during the last week.

 

9.         LEGAL MATTERS:  There were no legal matters to discuss today.

 

There being no further business, the meeting adjourned at 10:00 a.m. 

 

 

WEDNESDAY, JUNE 23, 2010

 

 

PUBLIC IMPROVEMENT DISTRICT FORMATION HEARING

 

The Board of County Commissioners met at 6:00 p.m. with Linda Sanders, Civil Engineer. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Chad Johnson, Engineering Department; and Melissa Lohry, Deputy Clerk.

 

Chair Johnson noted that there were five proposed public improvement districts on the agenda for the evening; however, due to commitments to the Larimer County Fair Board, he would only be able to stay for the first item.

 

Commissioner Gaiter noted that he is a property owner in the Puebla Vista Estates subdivision and the approval or denial of the proposed district would carry direct and personal consequences; therefore, Commissioner Gaiter recused himself from voting or testifying on the proposed Puebla Vista Estates Public Improvement District.

 

1.         PUEBLA VISTA ESTATES, PROPOSED PID #48:   Ms. Sanders addressed the Board and explained that this proposed improvement district is comprised of 18-lots along the west side of Lemay Avenue (south of Country Club Road). Ms. Sanders stated that in an attempt to keep all options open and available, representatives of the Puebla Vista Estates subdivision have requested approval from the Board for two mill levees, one to quickly gather funds for short-term road construction and another to cover the cost of road maintenance for the life of a 15-year loan. The first proposed levy is 119.580 mills, which would generate $61,000 in revenue each year for 5-years and is to be used for road restoration. The second proposed levy is 90.204 mills, which would generate $46,016 in revenue each year for 15-years and is to be used to maintain the proposed restorations. Lastly, Ms. Sanders noted that 71% of property owners signed a petition in favor of the improvement district.

 

Chair Johnson opened the hearing to public comment. Jeannette Gaiter addressed the Board and requested clarification of the many varying cost estimates homeowners have received from contractors for the required restoration work. Mr. Johnson stated that the cost of the major restorations will be dependent upon the manner and depth of the required repairs. For example, a new overlay may be sufficient to fix the failing roadways; however, some roadbases may also require work, which would add to the overall cost of repairs.

 

Ms. Gaiter also presented a letter from Puebla Vista Estates resident Jody Masters which outlined concerns for the future of the proposed improvement district.

 

Chair Johnson stated that he was not comfortable denying the proposed improvement district based on events that may occur. Commissioner Donnelly agreed.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve a petition to create the Larimer County Puebla Vista Estates Public Improvement District #48 and order an election.

 

Motion carried 2-0, Commissioner Gaiter abstained.

 

06232010R004           RESOLUTION APPROVING THE PETITION AND ORDERING AN ELELCTION TO CREATE THE LARIMER COUNTY PUEBLA VISTA ESTATES PUBLIC IMPROVEMENT DISTRICT #48; AND PROVIDING OTHER DETAILS RELATING THERETO

 

Chair Johnson left the hearing at this time and Commissioner Donnelly resumed as Chair Pro-Tem.

 

2.         WAGON WHEEL, PROPOSED PID #49:   Ms. Sanders addressed the Board and explained that Wagon Wheel is located on the West side of Highway 287, south of Berthoud. She noted that 7 lots are contained within the proposed district and 100% of property owners signed a petition in favor of the improvement district. Ms. Sanders also noted that the proposed mill levy is 16.762, an average of $714 per lot, which would generate approximately $5,000 per year.

 

Chair Pro-Tem Donnelly noted there was no public present to speak on behalf of this item.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve a petition to create the Larimer County Wagon Wheel Public Improvement District #49 and order an election.

 

Motion carried 2-0.

 

06232010R001           RESOLUTION APPROVING THE PETITION FOR THE ORGANIZATION OF LARIMER COUNTY WAGON WHEEL PUBLIC IMPROVEMENT DISTRICT #49

 

3.         GRAYHAWK KNOLLS, PROPOSED PID #49:  Mr. Johnson informed the Board that Grayhawk Knolls is located on the east side of North County Road 15, just north of County Road 64. He noted that there are 25-lots in the proposed district and 70.5% of property owners signed a petition in favor of the district’s formation. Mr. Johnson stated the proposed mill levy is 20.522, about $950 per lot, which would generate approximately $23,750 per year.

 

Chair Pro-Tem Donnelly opened the hearing to public comment. John Velarde addressed the Board and stated that up to this point, the roads have been self maintained and the homeowners’ association has worked diligently with Ms. Sanders and Mr. Johnson to create the proposal.

 

Chair Pro-Tem Donnelly closed the hearing to public comment.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve a petition to create the Larimer County Grayhawk Knolls Public Improvement District #43 and order an election.

 

Motion carried 2-0.

 

06232010R003           RESOLUTION APPROVING THE PETITION FOR THE ORGANIZATION OF LARIMER COUNTY GRAYHAWK KNOLLS PUBLIC IMPROVEMENT DISTRICT #43

 

4.         TERRY SHORES, PROPOSED PID #44:   Mr. Johnson addressed the Board and noted that Terry Shores is located west of Terry Lake Road / Highway 1, north of Country Club Road. The proposed district contains 86-lots and 57% of the property owners signed a petition in favor of the improvement district. He explained that the proposed mill levy is 10.417, about $350 per lot, which would generate approximately $30,100 per year. Mr. Johnson noted that the roadways within Terry Shores are about 30-years old and because of their age, they are some of the few subdivision roads to receive crack/chip-sealing from the county. However, at this time, the roads are in need of greater repair, which the county cannot provide.

 

Mr. Johnson noted that staff received 2 written comments from property owners in favor of the proposed district.

 

Chair Pro-Tem Donnelly opened the hearing to public comment. Ronald Warren, President of Terry Shores Homeowners’ Association, and Johannes Gessler addressed the Board in favor of the proposed district because they believe it is the most plausible way to fulfill road maintenance needs.

 

Commissioner Gaiter asked Mr. Warren if he knew why 40% of the property owners in the subdivision did not sign the petition in favor of the district. Mr. Warren stated that he was not sure but suspected that those in opposition to the district believe there is a better way to pay for road maintenance.

 

Michael Zaloudek addressed the Board in opposition to the proposed district. Mr. Sludiak stated that it should be the county’s responsibility to maintain the roads within the county. He stated that the chip/crack-sealing performed by the county is sufficient maintenance.

 

Ms. Sanders stated that the chip/crack-sealing performed every 7-years by the county is not sufficient in preventing further deterioration of the roadways.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve a petition to create the Larimer County Grayhawk Knolls Public Improvement District #44 and order an election.

 

Motion carried 2-0.

 

06232010R005           RESOLUTION APPROVING THE PETITION FOR THE ORGANIZATION OF LARIMER COUNTY TERRY SHORES PUBLIC IMPROVEMENT DISTRICT #44

 

5.         RAINBOW LAKES, PROPOSED PID #39:  Ms. Sanders addressed the Board and stated that Rainbow Lakes is located at the northwestern corner of North County Road 23 and West County Road 8E. The proposed district contains 71-lots and 79.1% of property owners signed a petition in favor of the proposed district. She noted that the proposed mill levy is 9.988, about $493 per lot, which will generate approximately $35,000 per year. Lastly, Ms. Sanders explained that Rainbow Lakes proposed a PID in 2008, which went to ballot; however, the district did not pass at election. After the failed ballot measure, the homeowners’ association increased annual dues $600 per property.

 

Chair Pro-Tem Donnelly asked Ms. Sanders why a fairly new subdivision would create a public improvement district. Ms. Sanders stated that the homeowners’ association is attempting to proactively maintain the integrity of the roadways to prevent costly repairs in the future.

 

Chair Pro-Tem Donnelly noted that staff has received two letters from property owners, one in favor of the district formation and one in opposition to the district formation. He then opened the hearing to public comment and Lynn Tunis, Don Tunis, and Dan Swain addressed the Board in favor of approval.

 

Mr. Lynn Tunis stated that the homeowners’ association has worked closely with residents to dispel many of the falsehoods that caused the formation of a district to fail at election in 2008; therefore, he is confident the formation will be approved this year.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve a petition to create the Larimer County Rainbow Lakes Public Improvement District #39 and order an election.

 

Motion carried 2-0.

 

06232010R002           RESOLUTION APPROVING THE PETITION FOR THE ORGANIZATION OF LARIMER COUNTY RAINBOW LAKES PUBLIC IMPROVEMENT DISTRICT #39

 

There being no further business, the Board adjourned at 7:00 p.m.

 

 

 

__________________________________________

                        STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­______________________________________

Tamara L. Slusher, Deputy Clerk

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.