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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, FEBRUARY 23, 1998

LAND-USE PLANNING MEETING

(#298 @ 2000)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioner Clarke was present; Commissioner Disney is out of town this week. Also present were: Keith Schuett, Planner II; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; John Pedas, Code Enforcement Officer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson noted that the following is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. HARVEST FARM SPECIAL REVIEW (#97-ZR0962): SOUTHWEST 1/4

OF SECTION 22, TOWNSHIP 9 NORTH, RANGE 68 WEST OF THE 6TH

P.M.; 100 ACRES; O-OPEN ZONING

This is a request for Special Review and a Site Specific development plan to amend an existing Special Review for a 180 residents' rehabilitation facility. The amendments, as described in the application materials, include the clarification of uses, making changes to the facility and adding and relocating uses and structures. A seasonal camping area and two mobile homes will be added to the facility. Staff findings include: 1) This proposal is consistent with the intent and purpose of the Larimer County Comprehensive Zoning Resolution. The Larimer County Zoning Resolution identifies seasonal camps and religious retreats and similar uses as uses allowed by Special Review in the O-Open Zone District; 2) The proposal is consistent with the intent and purpose of the Comprehensive Land Use Plan. The Plan identifies this area as a "Rural" area. The Plan encourages uses that require large land areas and low density be located in the rural areas, provided they are compatible with existing and planned uses. The proposed use with the attached conditions will mitigate negative impacts to the greatest extent possible to the neighborhood, the natural environment; 3) This proposal appears to be harmonious with the surrounding neighborhood. The surrounding neighborhood includes I-25, County Road 66, County Road 7, agricultural production, salvage yard, and a rural residence; 4) With the attached conditions, the proposal does not appear to have negative impacts on public health, welfare, prosperity, safety, or create adverse environmental influences in the area.

The Planning Commission/Staff recommendation is for approval of the Harvest Farm Special Review (#97-ZR0962), with the following conditions: 1) The property shall be limited to the plans submitted and reviewed through this application process. Major changes to the plans reviewed shall require the approval of a new Special Review application; 2) Prior to the issuance of building permits or the start of any construction on any improvements described, the water service provider, Northern Colorado Water, must provide a written commitment to provide water service and that the applicant has met any conditions placed upon them for such service; 3) Prior to opening the seasonal camp to the public, written evidence shall be submitted to the Larimer County Planning Department that the facility has been approved as a Youth Camp by the Colorado Department of Social Services; 4) Sewage disposal shall be maintained in compliance at all times with the Larimer County Health Department; 5) The lowest floor of all structures and the camping facility shall be elevated above the estimated high water level of the 100-year flood for this area; 6) All buildings and structures shall be built and maintained in conformance with the provisions of the Larimer County Building Code. All structures shall be used only for the intended purpose; 7) At no time shall any activity approved by this Special Review result in the discharge of by-products or emission from this property or any noxious or offensive affect on neighboring properties; 8) The length of stay within the seasonal camp shall not exceed 7 consecutive days; 9) The facility shall not be open to the general public for temporary or over night lodging.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendation and approve the Harvest Farm Special Review (#97-ZR0962), with the conditions as outlined.

Motion carried 2 - 0.

2. MONROE ZONING VIOLATION (97-ZV1124): 33-10-73 IN RED

FEATHER LAKES

This alleged violation is for operating a construction/excavating business in the O-Open Zoning District, including storage of equipment, maintenance of equipment, temporary office structures (motor homes), without Special Review approval. Mr. Pedas described the location and provided the background information for the alleged violation, and submitted photos, maps of the subject property, and letters from adjacent property owners not able to be present for today's hearing. Mr. Pedas informed the Board that for many years the site had been used for various types of uses, including vehicle storage, maintenance, sawmill, etc., and was determined to be a non-conforming use; however, several years ago, the "industrial" type uses on the property were discontinued and the property sold to two different owners. Mr. Pedas continued that as the result of the discontinuation or abandonment of the "non-conforming uses", any new use of the property would have to conform to the present day requirements for the O-Open Zoning District, which requires Special Review approval for storage and maintenance of heavy equipment. Mr. Pedas also submitted a Warranty Deed, dated December 12, 1990, from Bradley J. Barker to Don Kass for the eastern property, and a Vacant Land Contract, dated July 11, 1994, between Marion Monroe and E. H. and Patricia Barker for the western property. Staff findings include: 1) The subject property is zoned O-Open District; 2) Heavy equipment storage and maintenance requires special review in the O-Open Zone; 3) The non-conforming status of the property lapsed as the result of abandonment of the historic use of the property as a vehicle equipment maintenance and storage lot; 4) The use of the property for repair of equipment near the County Road has resulted in a traffic safety hazard; 5) Continued use of the property inconsistent with the zoning requirements will affect property values in the immediate area. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Rick Boge, attorney for Marion Monroe, stated that due to the uncertainty when events happened, it is difficult to respond and he requested more specific information from the claimant and wanted to narrow the discussion to the issue of non-conforming use. Mr. Monroe addressed the Board and stated that after he purchased the property, he widened the driveway, put in power source, etc. The following persons spoke and all indicated that there has been continuous use on this property: Jerry Ryan, Alan Sagert, Brad Barker, Jim Krakel, Alan Klenk, Mike Wire, and Jim Ryan; at this time, Mr. Boge submitted a letter from Steve Robinson stating that there has been equipment on this property for many years. Deputy Russ Buck, who has been assigned to the Red Feather Lakes area since 1994 and is up and down this road frequently during the week, stated that he has never noticed that something wasn't parked on the Monroe property; he noted he received two calls about welding occurring along the edge of the roadway and he responded but did not see any hazard. Mr. Boge noted that both complaints were called in by the same individual and he referred to a letter from Gene Barker stating that he parked equipment on this property until it was sold to Mr. Monroe. Mr. Pedas stated that their contention is that, if the non-conforming use did not totally lapse between 1990 and 1994, it was substantially reduced.

Don Kass, property owner on the east, stated that when he purchased his property in 1990, he also bought a lease option to buy on the subject property from Gene Barker and he paid $600 for a one-year lease option and then extended it for another year; he noted that he had legal option title to the property in 1991 and 1992. Mr. Kass continued that his option expired in November 1992 and the property was vacant in 1993 and then sold in 1994 to Mr. Monroe and during the time that he legally had title to that land, the property was cleared and there was no equipment on the property; he submitted a copy of the lease option and photos of the property during those years. Art Batchelder, private citizen who lives in the area and President of the Board of Directors of the Red Feather Lakes Fire Protection District, stated that the District was never notified of this hearing and therefore did not have the opportunity to discuss this issue at their last meeting; he noted that he is very concerned about what might be stored in the large tanks on this property, such as gasoline and other hazardous materials, because the site is close to buildings and with dry periods there could be fires and they should have to comply with OSHA and EPA regulations. Mel Cotter, resident, homeowner and real estate broker in this area, stated that Mr. Monroe performs a very useful service in this area and is a necessary part of the community and good family man and good father.

Mr. Boge stated that the lease option to purchase the property is not relevant to this issue; he requested the opportunity to see the photos and, with regard to the placement of the power pole, he noted that the power pole was placed there by REA in their easement.

At this time, the Commissioners and the Assistant County Attorney reviewed the lease option to purchase and Mr. Boge reviewed the pictures; he noted that the pictures do not address the issue, which is the complete cessation of use on this property. Commissioner Clarke noted that he is concerned about the issues raised by the fire protection district. Mr. Kass stated that a condition in the lease option states that he take possession of the property and he did and put a small wood fence across the front of it and during the years of 1991 and 1992 there was no equipment on this property. The Board reviewed and discussed other documents submitted. Commissioner Clarke asked Mr. Kass when his photos were taken; he responded that they were taken on the day he purchased the property. Carolyn Burton, Red Feather resident since 1988, stated that there was a period of time that there was nothing on this property; she noted that it was suddenly clean. Chair Olson asked Ms. Haag to define non-conforming use; which she did, but she noted that the law in this area is not clear and has to be dealt with on a case-by-case basis because most uses are not static, they are fluid. Much discussion followed and the Board recommended that Mr. Monroe make application for special review process to determine if a non-conforming use will be allowed on this property.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners find, in the matter of the Monroe Equipment Maintenance/Storage Violation and based on the evidence presented today of the lapse of the non-conforming use, that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met; however, if the applicant makes application for special review during this 30-day time period, the County will not proceed with legal action until after the issue is resolved.

Motion carried 2 - 0.

The hearing adjourned at 4:45 p.m.

TUESDAY, FEBRUARY 24, 1998

ADMINISTRATIVE MATTERS

(#299 @ 500 & #297 - Side B)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided and Commissioner Clarke was present; as noted previously, Commissioner Disney is out of town this week. Also present were: Jim Reidhead, Director Rural Land Use Center; Ralph Jacobs, Director Human Resources; Doreen Kemp, Human Resources Specialist; Dr. Adrienne LeBailly, Director Health Department; Ann Watson, Supervisor Health Education; Donna Hart, Commissioners' Office Staff Services Manager; Frank Lancaster, County Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Karen Rose, spokeswoman for the Citizens for the Preservation of Property Rights Board, addressed the Commissioners regarding their concern about the possibility of the Preble's Meadow Jumping Mouse (PMJM) being designated either threatened or endangered; she noted that either designation is treated the same and one designation is not preferable over the other. Ms. Rose stated that this mouse exists only along the front range of eastern Colorado and southeastern Wyoming and projects are being delayed until a designation is made, and until it is determined whether or not the PMJM exists on a property; she informed the Board that many construction plans of the City of Fort Collins and Larimer County, such as the Visitor's Center, hiking and biking trails, etc. (which are all in prime habitat critical to the survival of the mouse), won't be able to proceed until it is determined whether or not a mouse is on the site. Ms. Rose continued that the problem is that the mouse hibernates seven months a year and can't be found except during the remaining 5-month period; she noted that in Larimer County 20 mice were trapped, which were visually identified as the PMJM, and by doing DNA on toenail clippings for 8 of those mice, maybe 4 were identified, but the findings are not conclusive. Ms. Rose submitted a draft of the overall planning guidelines for the PMJM subarea planning process; she noted that developments will be affected because one of the guidelines is to ensure that domestic cats and dogs from nearby developments are controlled so they do not enter the riparian habitat and prey upon PMJM. Ms. Rose stated that they have been communicating with other property rights groups in the State, homebuilders associations, realtors, etc. about this issue and she cited several cases regarding endangered species from across the country; she noted that in one case in Oregon, the Supreme Court allowed economic interest to have standing under the Endangered Species Act and they are looking at a former Presidential Executive Order which requires a Federal Agency to examine the economic impacts of their rules and regulations prior to a decision being made. Ms. Rose stated that her purpose in being here today is to inform the Board of this situation because it not only affects private property rights, but City, County & State projects as well; she noted that the Colorado Department of Transportation (CDOT) has had terrible problems with this issue because it has held up and caused huge expense during road construction. Ms. Rose informed the Board that if they can, and if it is viable, they hope to issue an injunction to stop the progress on this designation until there are more answers because they are attempting to list the PJMJ as threatened or endangered without doing a recovery plan, an environmental assessment, etc. Mr. Reidhead stated that this issue also has major implications for the Rural Land Use Center Management Plan which is to be incorporated into the Partnership Land Use System.

2. APPROVAL OF MINUTES FOR WEEK OF FEBRUARY 16, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of February 16, 1998:

Motion carried 2 - 0.

3. APPROVAL OF SCHEDULE FOR WEEK OF MARCH 2, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of March 2, 1998, as submitted and revised.

Motion carried 2 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review on February 24, 1998:

MISCELLANEOUS DOCUMENTS: By-Laws and Rules of Procedure of the Larimer County LaPorte Area Planning Advisory Committee; Colorado Department of Health Site Application for the Buckhorn Methodist Camp; Colorado Division of Wildlife Impact Assistance Grant Application; and the 1998 Community Services Block Grant (CSBG) Project Plan. LIQUOR LICENSES: County approval was granted to Inlet Bay Marina - 3.2% - Fort Collins, CO.

A98-25 INTERGOVERNMENTAL AGREEMENT FOR RENTAL OF

VOTING EQUIPMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE BERTHOUD FIRE PROTECTION

DISTRICT

A98-26 AGREEMENT FOR CONSULTING SERVICES BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND DR. COOPER

(Review of existing wetland regulations and codes developed and

implemented by local governments, etc.)

A98-27 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE TOWN OF WELLINGTON

A98-28 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE TOWN OF RED

FEATHER LAKES

R98-21z FINDINGS AND RESOLUTION CONCERNING A CHANGE IN

CONDITIONS OF APPROVAL OF THE TIMNATH PIT SPECIAL

REVIEW

R98-22z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE KOMAR SPECIAL REVIEW

R98-23g FINDINGS AND RESOLUTION FOR THE LARIMER COUNTY

ZONING RESOLUTION AMENDMENT

Motion carried 2 - 0.

5. APPROVAL OF DEVELOPMENT AGREEMENT AND FINAL PLAT FOR LUDWICK FARMS RURAL LAND PLAN: Mr. Reidhead requested Board approval of the second Final Plat approved through the Rural Land Use Process; he noted this Final Plat is for the Ludwick Farm Rural Land Plan.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Final Plat and Development Agreement for the Ludwick Farm Rural Land Plan.

Motion carried 2 - 0.

A98-29 DEVELOPMENT AGREEMENT RELATING TO DEVELOPER'S

OBLIGATIONS FOR THE LUDWICK FARM RURAL LAND PLAN

6. REQUEST FOR FUNDING FOR PRINTING EXPENSES FOR THE MULTICULTURAL CONFERENCE: Ms. Kemp requested Board approval of funding in the amount of $911.14 for printing expenses for the Multicultural Conference, which is open to the community and will be held March 28, 1998 from 9 a.m. until 4 p.m.; a breakdown of the printing expenses was submitted and it was noted that all of the materials can be printed in-house by Dave Mosher, except for the 200 posters. Discussion followed regarding the source of funding. It was noted that the theme of this year's conference is entitled "Hate: Not in our Town", which is based on the video "Not in Our Town", portraying how Billings, Montana handled acts of violence directed at minority members. Commissioner Clarke stated he saw the video and it is excellent and he asked if it could be shown on cable during the time allotted for Larimer County. Ms. LaRue will arrange for the video to be shown.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the request for funding of $911.14 to support the Multicultural Commission's printing expenses associated with the Multicultural Conference; funds for this expenditure to be derived from the Commissioner's Special Project Fund.

Motion carried 2 - 0.

7. OBSERVANCE OF 30-YEAR ANNIVERSARY OF PUBLIC HEALTH DEPARTMENT: Ms. Watson informed the Board that the week of April 6 through 12 is National Public Health Week and this year they are celebrating their 30th year anniversary and they hope to do something special to increase the public's awareness about public health. Ms. Watson requested funding of $500 from the Board to assist in financing an Open House celebration; she described the different ideas they have for the event, such as giving awards to people that have contributed to public health, creating a historical chronology of events which led to the Health Department, displays, refreshments, door prizes, etc. The Board offered several other suggestions for the event. Commissioner Clarke asked for the total of their whole budget for this celebration; Ms. Watson responded that she is still getting cost estimates and doesn't have a total at this time. Commissioner Clarke stated that he would like to see their total budget and exactly what the money will be used for; Ms. Watson will return next week with a detailed budget and breakdown of expenses for the event.

Dr. LeBailly provided an update for the Board on the Long Bill, Footnote 151; she noted that last year the Health Department tried to show the State how far behind they were from where they should be in terms of contributions to local health departments. Dr. LeBailly stated that many States provide 50% of the local health departments budgets and Larimer County only receives $250,000 out of a $4.5 million budget; she noted that this year the State Legislature has asked for a proposal with a proposed funding formula. Dr. LeBailly stated that they are proposing $2.50 per capita for organized health departments and $3.00 per capita for the smaller nursing services; she noted that they are currently receiving $1.20 per capita and if the per capita funding had kept up with inflation in the last ten years alone, the rate would exceed $2.00 per capita. Dr. LeBailly noted that CCI has endorsed this proposal in their Health & Human Services Committee and she asked the Board to contact the local legislators and request their support with the Joint Budget Committee. As none of our local legislators are on the Committee, the Board will request their support for amendments from the floor.

8. APPOINTMENT TO THE FLOOD REVIEW BOARD:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the appointment of Gregory J. Koch of Lindstone & Anderson, Inc. to fill a vacancy on the Flood Review Board for a 2-year term ending June 30, 2000.

Motion carried 2 - 0.

9. WORKSESSION:

-- Mr. Gluckman stated that the Legislative Position Guide postcards are still being sent to our legislators indicating the Board's support or non-support of Bills.

-- Mr. Gluckman reported on SB 170 - the Transportation Bill sponsored by Senator Norton; he noted that this Bill has local share backing and is asking for capital development monies to be shared 60% with the State and 22% with the Counties for 5 years. Mr. Gluckman stated that CML is supporting SB 170 and his recommendation is that the Board support it also; the Board concurred.

-- Mr. Lancaster provided an update on the Poudre River Heritage Commission meeting held last Friday; he noted that there were some problems in the legislation which resulted in lengthy debate whether it was going to be a State Commission or Federal Commission. Mr. Lancaster continued that the Bill was finally adopted the last day of the Session, but contained a large number of errors, such as the requirement that everyone that is on the Heritage Commission must live within the Heritage area, which is defined as the 100-year flood plain of the Poudre River. Mr. Lancaster stated that these errors must be corrected and they need a letter of support from the Commissioners indicating their approval for making the corrections.

-- Mr. Lancaster submitted a draft copy of a letter which is to be sent to the Editors of the local newspapers responding to the Bill requiring the publication of county salaries and county warrants; he requested input and suggestions from the Board regarding the letter. Commissioner Clarke had several revisions to suggest to Mr. Lancaster before the letter is sent.

10. INVITATIONS: Ms. Hart reviewed the pending invitations with the Board.

11. COMMISSIONER REPORTS: There were no Commissioner reports today.

12. LEGAL MATTERS:

At this time, County Attorney George Hass joined the meeting for Legal Matters.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 10:35 a.m. to discuss contract negotiations.

Motion carried 2 - 0.

The Executive Session ended at 11:25 a.m.; no action taken.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_________________________________________

Sherry E. Graves, Deputy County Clerk

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