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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, April 2, 2001

EXECUTIVE SESSION

The Board of County Commissioners met with Frank Lancaster, County Manager and Neil Gluckman, Assistant County Manager at 10:00 a.m.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners go into Executive Session to consider privileged confidential information concerning a child protection matter.

Motion carried 3 - 0.

Executive session ended at 11:00 a.m.; no action was taken.

LAND USE HEARING

(#21)

The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Sean Wheeler and Matt Lafferty, Planners II; Doug Ryan, Environmental Planner; Traci Downs, Civil Engineer; Marc Engemoen, Director of Public Works; Roxanne Hayes, Development Review Engineer; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Rennels noted that Item #1, Bechner Legal Lot Appeal #01-G0022 has been removed from the agenda at the request of staff. The following item, Chair Rennels stated is consent and will not be discussed unless requested by the Board or members of the audience.

2. FOX ACRES SUBDIVISION AMENDED PLAT OF LOT 4, AND PART OF THE COMMON AREAS OF THE 2ND AND 4TH FILINGS: 22-10-73; NORTH OF COUNTY ROAD #73E, IN THE RED FEATHER LAKES AREA, WITHIN THE FOX ACRES SUBDIVISION

This is a request to amend the plat of Lot 4 and a portion of the common areas of the 2nd and 4th Filings of the Fox Acres Subdivision. Staff findings include 1. The proposed amended plat complies with the Larimer County Land Use Code; 2. The proposed amended plat is compatible with other development in the surrounding area; 3. Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 4. The amended plat will not adversely affect property values in the surrounding area. Staff recommendation is approval of the amended plat of Lot 4 and a portion of the Common Areas for the 2nd and 4th filings of the Fox Acres Subdivision as contained in Planning Department File #01-S1741.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Fox Acres Subdivision Amended Plat of Lot 4 and part of the common areas of the 2nd and 4th Filings.

Motion carried 3 - 0.

Chair Rennels reqused herself due to a conflict of interest.

3. HAWTHORNE VILLAGE APPEAL: SE 1/4 OF SECTION 24 - TOWNSHIP 8 NORTH - RANGE 69 EAST; LOCATED ON THE NORTH SIDE OF DOUGLAS ROAD (COUNTY ROAD 54) APPROXIMATELY 3/4 MILE EAST OF HIGHWAY 1.

This is 1) An appeal to Section 5.1 (Subdivision) subsection 5.1.2 Applicability to allow a parcel of land that is less than 30 acres to proceed through the development review process as a Conservation Development, rather than as a Subdivision. 2) An appeal, if the previous appeal is approved, to be allowed to proceed through the development review process without being subject to the Special Area Plan requirement for the area surrounding the Vintage Development site. 1) Staff recommends that the Board of County Commissioners approve the Hawthorne Village Appeal (01-G0021) to Section 5.1 (Subdivision) of the Larimer County Land Use Code allowing the approximate 25 acre parcel, located on the north side of Douglas Road approximately 3/4 mile east of Highway 1, to be submitted as Conservation Development as defined by Section 5.3 of the Larimer County Land Use Code. 2) Staff recommends that the Board of County Commissioners approve the Hawthorne Village appeal (01-G0021) to allow submittal and processing of the a Conservation Development Preliminary Plat without being subject to the Special Plan Requirements for the surrounding area.

This past winter, Mr. Lafferty stated, the Board of County Commissioners approved a Special Area Plan (SAP) for the Douglas Road area with an emphasis on transportation issues due to a development application called "The Vintage", which proposed 201 dwelling units.

Mr. Lafferty stated that due to the size of this site, less than 30-acres, the Land Use Code requires the applicant to proceed through the Subdivision process. The applicant is requesting to proceed with a Conservation Development (CD) instead. If the Board is inclined to approve the applicants appeal to Section 5.1, then the applicant is requesting to be exempt from participation in the Special Area Plan. Potentially, Mr. Lafferty clarified, the subdivision process verses the CD process produces only 5 additional dwelling units and staff does not believe 5 units warrants participation in a SAP.

Mr. Vaughn Furness, representative for the applicant, requested the Board approve the option for the applicant to pursue a CD. Mr. Furness informed the Board that the driving force behind the SAP, The Vintage, has sold the property and it has since been divided in to 35-acre parcels; negating the need for a SAP.

Mr. Chris Dunn, Division Management owner, pointed out confusion within the Land Use Code with respect to the size of residual land. Mr. Dunn sited Section 5.3.6 and Subsections 4, 5 & 6 and that there is no #6.

At this time the hearing was opened to the public and Ms. Kathleen Kilkelly, area resident stated that a subdivision vs. a CD is not the real issue and participation in a SAP is the driving economic reason behind what the applicant is now requesting as an "option". The Land Use Code, Ms. Kilkelly continued, does not guarantee any parcel a maximum density and that developers take a risk in developing a site due to characteristics and physical constraints when determining the number of dwelling units. Ms. Kilkelly cautioned to Board against setting a precedent with their decision and suggested that if the Board is inclined to approve the request for a CD, then the applicant should still be required to participate in the SAP to address the cumulative impacts on existing residents, especially transportation.

Mr. Timm explained the history of and emphasis of the SAP and noted that boundaries had not been determined.

Mr. Michael Doten, Director of Citizen Planners, stated support for the SAP and reiterated that transportation is an issue in the area. Mr. Doten also pointed out that the applicant is requesting an appeal of a process, which is a request for action by the Board. Before this hearing, Mr. Doten stated, the applicant had not requested an option. Mr. Doten further noted that the SAP was to address cumulative affects on the area and that the intent of discussion for the Land Use Code was not to exempt a CD from participation in a SAP.

Commissioner Bender referred Mr. Doten's question to Ms. Haag and inquired as to the request for a "decision" or an "option". Ms. Haag stated that the action taken is at the discretion of the Board.

Ms. April Curshaw stated that the Land Use Code was to protect the rural atmosphere of the county and noted that the proposal is not compatible with the existing area. Ms. Curshaw urged the Board to delay a decision or deny until such time as the SAP is complete.

Ms. Merlue Frasier-Davies, area resident and realtor/broker stated that The Vintage development plan no longer exists and that it is current impacts from construction traffic and existing development, which warrant the SAP, not just this proposal. Ms. Davies requested the Board require the developer to participate in the previously approved SAP.

Ms. Sue Whiteman noted the surrounding area is rural in nature, agricultural with animals and equipment alike traveling the roads and the proposal is not compatible. Ms. Whiteman urged the Board to require participation in the SAP due to current transportation inefficiencies and the proposed impacts. Ms. Whiteman stated that several other development proposals are in the review stage and if this applicant is not required to participate- then what about the others?

Ms. Theresa Fulton agreed with statements from previous speakers and noted the impacts to wildlife and agriculture. Ms. Fulton stated that she "chose" to live in the country and that if the Board continues to approve city densities in the county, there will be no "choice" anymore. Development, Ms. Fulton reiterated, does not have to be inevitable.

Much discussion ensued regarding zoning, density and allowable number of animals per acre.

Ms. Bridgett Schmidt stated that "fairness issues" don't just belong to the developer and noted the developer should contribute to the SAP or Larimer County will be left to foot the bill for improvements because development has been exempt from participation. Dangerous precedent for the next developer in line, Ms. Schmidt concluded.

Ms. Margaret Phillips noted that the area is horse property, requested the Board retain the rural character and noted the proposed density is too high and is incompatible.

Mr. Paul Arvest noted that there is no public sewer at this time and that staff testified in the December hearing that the SAP is needed and the existing roads are at or past capacity. Now staff says it is not necessary for this development proposal to participate in the SAP yet the impacts will increase 500+/- vehicle trips per day as a result.

Ms. Delorna Weaver stated that the staff recommendation at the December hearing was that at a minimum a traffic study should be completed for the area; and noted traffic will be exasperated if the appeal is approved.

Ms. Yvonne Wittreich, area resident noted that traffic and children are an impact on the area and that currently, there is no place for the children to play.

Ms. Loretta Keaton noted the high water table in the area and that it is not conducive to homes.

At this time the hearing was closed for public comments and Mr. Vaughn rebutted that staff recommended the CD process due to the constraints of the site and that a CD does not require participation in a SAP. Commissioner Bender noted that the request before the Board does not include a request for the option to proceed through the CD process and inquired if that is the request at this time; Mr. Vaughn replied in the affirmative.

Mr. Dunn stated that the area residents should have been aware of the surrounding zoning for the area and this property and that someday, it might be developed. Mr. Dunn believed the CD option provides for a better design of the sight and that the intersection of Hwy. 1 and Douglas Road is grossly inadequate and is willing to contribute a fair share.

Much discussion ensued regarding the SAP and the cumulative affects of additional development. Commissioner Bender stated the realization of transportation issues in the area, but noted that the request before the Board is procedural and concerns heard pertain to action for a preliminary plat.

Mr. Engemoen stated that the SAP is a cooperative effort between the City of Fort Collins, Larimer County and developers and noted in order to address and fund the transportation impacts, all parties need to be involved.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the request for an appeal to Sections 5.1 Subsection 5.1.2 and allow the applicant the option to proceed through the Subdivision process or the CD process without the requirement to participate in the Special Area Plan.

Motion carried 2 - 0.

TUESDAY, APRIL 3, 2001

ADMINISTRATIVE MATTERS

(#22)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Dave Spencer, Director of Facilities; Larry Timm, Director of Planning; Al Kadera and Keith Schuett, Planners II; Jeannine Haag and Linda Connors, Assistant County Attorneys; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: The Board is available for public comments from 9:00 a.m. - 9:30 a.m.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 26, 2001:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of March 26, 2001 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF APRIL 9, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of April 9, 2001 as presented.

Motion carried 3 - 0.

  • Invitations: Ms. Hart reviewed pending invitations with the Board.

4. CONSENT AGENDA:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the following documents as presented on the consent agenda for April 3, 2001:

ACTION ITEMS: Appointment of Cyndi Dodds to the Core Services/Placement Alternatives Commission to fill an unexpired term ending June 30, 2003.

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved: Hammock; Kinball/Haggerty/Paulsen; Lockwood; Olson; Schnug; Western 1 Hr. Photo.

AGREEMENTS:

A01-50 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WACKENHUT CORPORATION FOR SECURITY OF THE JUSTICE CENTER AND LOVELAND COURTHOUSE

D01-07 DEED OF DEDICATION OF PROPERTY AS A PUBLIC HIGHWAY USE BY BADER ENTERPRISES, LLP

MISCELLANEOUS: Impact Assistance Grant Application and Payment in Lieu of Taxes- 2001 PILT on behalf of Larimer County to Colorado State Parks and Great Outdoors Colorado; Colorado Division of Wildlife Impact Assistance Grant Application- 2001 PILT

LIQUOR LICENSES: The following licenses were approved Loveland Country Store- 3.2%- Loveland, CO and Baldpate Inn- 6%- Estes Park, CO. The following licenses were issued Aspen Lodge- 6%- Estes Park, CO; Lake Shore Lodge- 6%- Estes Park, CO; South Taft Liquor, Inc- 6%- Fort Collins, CO; Cordova's Horsetooth Lighthouse, Inc-6%- Fort Collins, CO; and Sox & Cubs Pizza & Subs- 6%- Fort Collins, CO.

Motion carried 3 - 0.

  1. PRESENTATION OF A CERTIFICATE OF RECOGNITION FOR MERITORIOUS SERVICE FROM THE COLORADO DEPARTMENT OF AGRICULTURE: Mr. Lancaster presented Chair Rennels with a certificate of

recognition for her assistance in evaluating applications for this year's noxious weed management fund.

6. REQUEST TO HIRE INTERN FOR FACILITES FOR SUMMER 2001: Mr. Spencer noted that each year the Facilities Department requires assistance with the migration of information into the multifaceted facilities management software and tries to solicit candidates from colleges/universities. This year, Mr. Spencer noted, a Junior at Brigham Young University pursuing a degree in Facility Management has expressed interest in the internship. Mr. Spencer informed the Board that the student is his nephew but also the only applicant and requested a waiver of the personnel policy to hire the intern for Facilities during the summer of 2001.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve a waiver of personnel policy to hire an intern for Facilities during the summer of 2001.

Motion carried 3 - 0.

7. WORK SESSION: Ms. O'Connor requested the Board approve the issuance of a Transfer of Ownership 6% liquor license for Hobo, Inc. a.k.a. La Chaumiere upon receipt. The transfer application, Ms. O'Connor continued, was submitted in mid-February, verbal confirmation of issuance was received from the State this morning, and the applicant had wanted to open this coming weekend. Ms. O'Connor stated that due to a lack of communication at the State level, the license has been sitting in a "hold drawer".

M O T I O N

Commissioner Bender moved that the Board of County Commissioner approve the issuance of a 6% liquor license to Hobo, Inc. and authorize the Chair to sign the same upon receipt.

Motion carried 3 - 0.

Ms. O'Connor informed the Board that a Petition, Notice/Resolution, and Annexation Map for Fish Hatchery Road 1st through 6th Addition (roadway), and Fish Hatchery Road 7th Addition has been received from the Town of Estes Park.

Mr. Lancaster requested Board approval for the savings from the Sheriff's Department carryover fund, $294,996, be applied to the Records Management System/Jail Management System (RMS/JMS) fund contained in the General Fund. Consensus of the Board is to apply carryover savings from the Sheriff's Department to funds earmarked in the General Fund for RMS/JMS.

8. COMMISSIONER REPORTS: Commissioner Bender stated that a citizen informed him that agricultural pole barns are exempt from the permit process via a state statute and requested staff to research. Commissioner Bender noted that he attended the Colorado Mitigation & Wildfire Conference this past weekend and found it very informative.

Commissioner Gibson stated that he met with the Administrator and Mayor of Berthoud to discuss the Separator Zone proposed and noted that they will be meeting with property owners to discuss the same.

9. LEGAL MATTERS: Ms. Haag requested direction from the Board regarding a non-conforming sign, both in size and number of signs currently on the property. The Land Use Code, Mr. Timm clarified, states that a non-conforming sign may undergo "normal maintenance and repair". However, the property owner is asking to replace one of the signs with a new sign, which still constitutes a violation because there are two other signs on the property making a total of three.

Commissioner Gibson stated the property owner could replace the sign if the other two signs are removed. If the property owner does not wish to remove the two other signs, Commissioner Gibson noted that he should not be able to replace the old sign.

Commissioner Gibson also suggested that the Land Use Code specify that when a non-conforming sign has undergone "x" percentage of repairs/replacement, then it is no longer considered a non-conforming sign and should be brought into conformity.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners direct staff to pursue compliance with the Land Use Code by notifying the property owner that the sign may not be replaced unless the other two signs are removed.

Motion carried 3 - 0.

EXECUTIVE SESSION

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 10:30 a.m. to consider privileged confidential information concerning a child protection matter.

Motion carried 3 - 0.

Executive session ended at 11:20 a.m.; no action was taken.

______________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

MYRNA J RODENBERGER

CLERK & RECORDER

S E A L

(A T T E S T)

_______________________________

Jean M. O'Connor, Clerk to the Board

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