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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, OCTOBER 19, 1998

LAND-USE PLANNING MEETING

(#386)

The Board of County Commissioners met at 3:00 p.m. in regular session with Rob Helmick, Senior Planner. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Matt Lafferty, Planner II; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; Jim Reidhead, Director Rural Land Use Center; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

1. TILEY MINOR LAND DIVISION AMENDMENT (#98-S1309): S ½

25-07-68 - NORTH SIDE OF COUNTY ROAD 40, ½ MILE EAST OF

COUNTY ROAD 3; 35.0050 ACRES; 1 LOT; FA-1 FARMING ZONING

This is a request for an amendment of the Tiley Minor Land Division (#97-EX1170) to allow a barn with living facilities on Lot 2 of the Tiley Minor Land Division where approval of said exemption prohibited building on the lot without subdivision approval. Mr. Lafferty described the request and location and reviewed the major concerns and issues; he noted that staff is concerned that this approval may establish precedence but believes that the conditions of approval outlined below will eliminate that concern. Mr. Lafferty made several modifications to the conditions, as outlined in the staff report below. Staff findings include: 1) The Tiley Minor Land Division was approved with a condition stating "development of Lot 2 (the vacant parcel) requires approval of a Planned Unit Development by Larimer County; development includes issuance of a building permit for a new principal use of that lot". The primary use of the property shall be agriculture (including the care of horses and other livestock), and the barn and residential quarters (care taker quarters) are to be considered and used as accessory uses to the primary use; 2) The Minor Land Division process was established to allow division of properties based upon the division creating no additional impacts. The primary use of the property will be agricultural (keeping of horses) and the barn with residential quarters "temporary" which are accessory to this operation should not result in any discernible impacts; 3) The full subdivision process is available to divide parcels that have already been divided by Minor Land Division. A subdivision request on this property would be reviewed by the Larimer County Planning Commission prior to hearing with the Board of County Commissioners. The subject site is not being divided any further, and the uses proposed are accessory to the agricultural use of the property; 4) Staff does not find circumstances or conditions of this property that would deem accessory structures as creating significant or discernible impacts to the surrounding properties.

Staff recommendation is for approval of the request to amend the Tiley Minor Land Division, subject to the following conditions: 1) The barn and residential quarters (contained within the barn) shall be considered accessory to the primary agricultural use (includes caring of horses) of the property. If said primary use ceases to exist at this site, the applicant shall vacate and eliminate the residential quarters, or apply and receive approval of a subdivision for the property; 2) Use of the property as a primary residence is prohibited, and construction of a primary residence at this property, will require subdivision approval for the site; 3) The applicant shall acquire an access permit from the Larimer County Engineering Department for any new accesses to the property; 4) Use of the residential quarters shall be temporary. As a temporary use, the living (care taker) quarters shall not be occupied for extended periods of time. An extended use of the residential quarters is to be considered no more than 120 consecutive days, and no more than 200 days per calendar year; 5) If at any time the owner of the property cares for more than four horses other than their own for a fee, a Special Review application for a stable operation shall be required; 6) An off-site road fee, as determined by the Engineering Department, will be collected at the time of building permit for the barn and residential quarters; 7) Park fees will be collected at the time of building permit for the barn and residential quarters; 8) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed, but prior to issuance of a Certificate of Occupancy, shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; 9) All utilities must be installed underground; 10) All driveways over 100' long must be 15' wide and capable of supporting fire apparatus for the length of the driveway.

Jenny McGraw, applicant, introduced Jeff Lakey, landscape architect from Colorado State University, and presented a drawing of what is proposed, which she noted is designed according to the new Partnership Land Use System with cluster development. Questions from the Board and discussion followed.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Tiley Minor Land Division Amendment (#98-S1309), with the conditions as revised and outlined above.

Motion carried 3-0.

The hearing adjourned at 3:35 p.m.

TUESDAY, OCTOBER 20, 1998

ADMINISTRATIVE MATTERS

(#388)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Pro-Tem Clarke presided and Commissioner Disney was present. Also present were: Jim Reidhead, Rural Land Use Center Director; Jill Bennett; Senior Planner; Donna Hart, Commissioners Administrative Manager; Deni LaRue, Community Information Officer; and Tom Clayton, CSU Intern. Recording Clerk, Gael Cookman.

1. OPEN SESSION FOR PUBLIC COMMENT: Ron Lindroth explained his situation as being a divorced father who had been paying back child support for a period of time; he explained that he had finished paying his delinquent child support as of May 1998, however, his wages are still being garnished each month. Mr. Lindroth noted that he has contacted the department of Social Services on numerous occasions in order to try and stop garnishment of his wages; he stated that he has not been able to meet with anyone in Social Services, however, he had been requested to submit in writing the circumstances surrounding his child support, which he did this past July and his wages are still being garnished. Mr. Lindroth stated that he is very frustrated and feels like he is being treated unfairly; he requested the Commissioners assistance in helping him work with Social Services to try and determine what was taking so long to rectify this situation. The Commissioners agreed that this was a situation that needed their intervention; Commissioner Disney stated that he and Mr. Lancaster would meet with Social Services and play today's tape recording in order to try and resolve this issue.

2. APPROVAL OF MINUTES FOR WEEK OF OCTOBER 12, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of October 12, 1998, as submitted.

Motion carried 2-0.

3. APPROVAL OF SCHEDULE FOR WEEK OF OCTOBER 26, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of October 26, 1998, as submitted.

Motion carried 2-0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review for October 20, 1998:

PETITIONS OF ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: Estes Park Laundracenter; Gopher Excavating; Community Airpark Association (2 parcels); John & Jamie Herman; Chad Locke & Corky Gudikunst; Poudre Valley Co-op; Rich Samples; Bob Singleton (2 parcels); Keith Wear/Children's World Inc.; and Shannon & Stephen Yemm.

MISCELLANEOUS DOCUMENTS: Final Plat for Wyndham Hill PUD 2nd Filing; Amended Plat for Little Valley 2nd Filing, Lots 59 & 60; Check Register for Larimer County Department of Social Services. LIQUOR LICENSES: A license was issued to the American Legion Post Home Association - 6% - Fort Collins, CO., and a Duplicate license for Al Fresco's - 6% - Fort Collins, CO. County approval was granted to: Fort Collins Country Club - 6% - Fort Collins, CO.; Columbine Lodge - 3.2% - Bellvue, CO., and 7-11 Store - 3.2% - Fort Collins, CO.

A98-164 PROFESSIONAL SERVICE AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND EXTRADITIONS

INTERNATIONAL, INC. (Transportation of Juvenile Prisoners,

Detainees, and Transport of Clients of the Mental Health Department)

C98-59 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO, DEPT. OF

TRANSPORTATION (Preliminary Engineering for Bridge Replacement)

R98-165s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT

AND VACATION OF ACCESS EASEMENT IN HIAWATHA

HEIGHTS SUBDIVISION

R98-166z FINDINGS AND RESOLUTION APPROVING A CHANGE OF

CONDITIONS OF THE COOPER AUTO BODY REZONING

R98-167s FINDINGS AND RESOLUTION APPROVING THE ANDERSON

PRELIMINARY RURAL LAND PLAN

Motion carried 2-0.

5. RESOLUTION AGAINST HATE CRIMES: Mr. Lancaster explained that the week of November 1 - 7, 1998 is being declared as Hate Crimes Awareness Week across the nation and he requested Board approval on a resolution against hate crimes for Larimer County. Mr. Lancaster presented the Board with an enlarged copy of the Resolution and noted that it will be available for all county employees to sign in support of this effort.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Hate Crimes Resolution, and authorize the Chair to sign same.

Motion carried 2-0.

R98-168g HATE CRIMES RESOLUTION

6. SECONDARY HOUSING ON RURAL LAND USE CENTER PROJECTS: Mr. Reidhead and Ed Zdenek, agent for JJ Garcia, requested direction from the Board regarding the issue of farmstead labor housing; he noted that they have received a request from Mr. Garcia to build a barn with a farm labor living unit. Mr. Reidhead explained that under current zoning, secondary housing is not allowed unless approved by the Board of Adjustment; he noted that both the Land Use Board and Assistant County Attorney Jeannine Haag recommended that the Commissioners set a policy regarding this issue as it is likely to arise again in the future. Commissioners Disney and Clarke both agreed that if farmstead labor housing was approved, it would need to be used in conjunction with the agricultural aspect of the land and could not be used as a separate rental or sold separately. Commissioner Disney stated that since this issue may have some legal ramifications, he recommended they discuss this further with Ms. Haag during legal matters.

7. REGIONAL COMMUNITY SEPARATOR PROJECT BRIEFING: Ms. Bennett provided the Board with a copy of the 1998 Community Separator Survey Results and explained the process that was used to obtain feedback from the surrounding communities; she noted that the survey included a number of hypothetical images depicting a variety of development scenarios. Ms. Bennett concluded that most of the persons surveyed favored clustering residential homes rather than sprawling homes across larger acreage; she noted that the survey gave the County good information regarding the levels of development that can be used and still be considered separators of communities.

8. WORKSESSION:

- Mr. Gluckman discussed the upcoming CCI meeting scheduled for Friday of this week and requested direction from the Board on how to address some of Larimer County's concerns.

- Ms. Hart requested direction from the Board on the expiration of the terms of service for the Economic Development Advisory Board and the Estes Valley Planning Commission; she noted that some member terms expire in January and others expire in July and she would like to have them all expire in the same month. The Commissioners indicated that if the current members would agree, they would rather extend the term of service for the current board members for an additional six months.

- Ms. LaRue announced that Larimer County would be holding a Land Use press conference on Thursday, October 22, 1998 at 9:00 a.m. in the Jury Room of the Larimer County Courthouse.

- Ms. Hart reviewed pending invitations with the Board.

9. COMMISSIONER REPORTS:

-- Commissioner Disney noted that Chris Lempke, Chair of the Environmental Advisory Board (EAB), had a record of the EAB stating that they are in favor of supporting the current ballot issue regarding noxious weed control. Commissioner Disney also stated that the Environmental Advisory Board will be conducting a self assessment study and they plan to ask the Board of County Commissioners to join them in a retreat to discuss the future of the EAB.

10. LEGAL MATTERS: At this time County Attorney George Hass and Assistant County Attorney Jeannine Haag joined the meeting for Legal Matters.

Ms. Haag requested Board approval on the closing documents pertaining to the sale of Crystal Lakes Fourteenth Filing to Frances R. Soltis and Paul S. Nelson.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Resolution and closing documents pertaining to the sale of Crystal Lakes Fourteenth Filing to Frances R. Soltis and Paul S. Nelson.

Motion carried 2-0.

R98-169g RESOLUTION FOR CONVEYANCE BY THE LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS (sale of Crystal Lakes Fourteenth Filing P.U.D. to Frances R. Soltis and Paul S. Nelson)

Mr. Hass presented the Board with an Agreement, Waiver and Release regarding the Board's acceptance of Keith Olson's resignation.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Agreement, Waiver and Release regarding the resignation of Keith Olson.

Motion carried 2-0.

A98-165 AGREEMENT, WAIVER AND RELEASE REGARDING THE RESIGNATION OF KEITH OLSON

Mr. Hass also presented the Board with a Memorandum of Understanding pertaining to the Poudre - Big Thompson Rivers Legacy Project and requested approval of the same.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Poudre - Big Thompson Rivers Legacy Project Memorandum of Understanding.

Motion carried 2-0.

A98-166 MEMORANDUM OF UNDERSTANDING AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS, CITY OF GREELEY, CITY OF LOVELAND, ESTES VALLEY PARK AND RECREATION DISTRICT, TOWN OF WINDSOR, WELD COUNTY, THE NATURE CONSERVANCY, POUDRE RIVER TRAIL CORRIDOR INC., STATE OF COLORADO DIVISION OF WILDLIFE AND THE STATE OF COLORADO DIVISION OF PARKS AND OUTDOOR RECREATION (Regarding the Poudre - Big Thompson Rivers Legacy Project)

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:35 to discuss negotiations and potential litigation.

Motion carried 2-0.

The Executive Session ended at 11:10 a.m.; no action taken.

____________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

___________________________________

Sherry E. Graves, Deputy County Clerk

___________________________________

Gael M. Cookman, Deputy County Clerk



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