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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, May 14, 2001

LAND USE HEARING

(#35)

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 Sarah Flick, Environmental Planner; Rex Burns, Project Engineer; Mark Peterson, County Engineer; Rob Helmick, Senior Planner; Claudia DeLude, Code Enforcement Officer; Jeannine Haag, Assistant County Attorney; Roxanne Hayes, Engineering Development Review; and Jean O'Connor, Clerk to the Board.

Chair Rennels stated the following items are consent and will not be discussed unless requested by the Board or members of the audience. Ms. Flick stated that new information has been provided regarding Item #1 Marianna Park Subdivision Amended Plat and requested the conditions of approval be amended. Chair Rennels suggested that item #1 be removed from the agenda. Mr. Timm requested that Item #6 Wolaver Conservation Development Appeal be added to the consent agenda.

2. MOUNTAIN RIVER RANCH ESTATES FLOOD PLAIN SPECIAL REVIEW: EAST HALF (1/2) OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 69 WEST

This is a request to approve the Mountain River Ranch Estates FloodPlain Special Review based on the Flood Review Board's recommendation for a conditional approval. Staff finding is that all review criteria in Section 4.2.2 of the Land Use Code have been met. Summary & conclusions: After thorough review of the design and associated reports, the Flood Review Board gives a conditional approval recommendation that the final bridge design will address erosion prevention, scouring, bridge details, tracking of the base flood elevations which may trigger a map revision through the Federal Emergency Management Agency, that the bridge will not cause a rise greater than 0.5 of a foot and a revised hydraulic report, all items to be reviewed and approved by the Larimer County Engineering Department. Staff recommendation is approval of the Flood Plain Special Review for the bridge with the conditions set forth by the Flood Review Board.

6. WOLAVER CONSERVATION DEVELOPMENT APPEAL: 5-6-70 & 32-7-70; ON THE SOUTH SIDE OF CR. 27 APPROXIMATELY 4.5 MILES WEST OF MASONVILLE.

This is an appeal requesting an exception to the Conservation Development process pursuant to Section 5.3.2H of the Larimer County Land Use Code. Would allow a 52 + acre tract to use the subdivision process to create 2 lots. Staff recommendation is approval the Wolaver Conservation Development appeal request to use the Subdivision process to divide a 52+-acre tract into two parcels.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners remove Item #1 Marianna Park Subdivision Lots 75, 76 and 77 Amended Plat #01-S1753 from the consent agenda and approve Mountain River Ranch Estates Flood Plain Special Review and Wolaver Conservation Development Appeal #01-G0024 as presented and outlined above.

Motion carried 3 - 0

  1. LETITIA LAKE SUBDIVISION ACCESS EASEMENT VACATION: 27-10-73, WITHIN THE LETITIA LAKE SUBDIVISION, OFF OF COUNTY ROAD #74E.

This is a request to vacate a shared access easement between 5 lots in the Letitia Lake Subdivision. The effected properties include Lots 1, 6 & 7 in Block 2, along with Lots 6 & 7 in Block 5. Staff recommendation is for the Board to rescind their previous action and deny the requested vacation of the easement between Blocks 2 and 5 of the Letitia Lake Subdivision.

Mr. Helmick stated that when this item went to the Board for action last year, all area residents were not required to be notified; when Mr. Curtis started to improve the easement, the original applicants and adjacent residents became upset, thus the reason for the original vacation request. Contrary to the staff report, Mr. Helmick stated that staff is not taking a strong position with respect to rescinding prior approval. This is due in part to the almost completed sale of the one isolated Lot (7) along the easement in question.

Ms. Jeananne Jackson-Rogers, original applicant and property owner adjacent to the access easement stated that the easement is within 5-feet of her propane tank, sits at her property line and her small children play outside. Some area residents just want a short cut to their property at the expense of adjacent property owners and landscaping of the easement. Ms. Rogers noted that her propane tank was installed in 1981 and provided pictures of early attempts to remove a large boulder from the easement.

Mr. Delbert Rogers noted that the easement is not necessary and an unreasonable request from a property owner that is not even adjacent to the easement.

Ms. Deborah Smith and Mr. Curtis Smith requested a re-hearing since they were unaware of the previous hearing and noted that the easement has been used upon occasion and weather conditions. Some of the original applicants, Mr. Smith continued requested and were approved for a setback variance for their cabins which placed them closer to the easement. The easements, Mr. Smith stated were platted in 1928, long before the cabins were built and are necessary for year round access. Mr. Smith also noted that 19 other propane tanks in the area do not meet setbacks.

Mr. Randy Wick stated that he has lived in the area since 1988 and has accessed the easement being requested to be vacated in times of heavy snow or drifting snow. The easements, Mr. Wick clarified existed prior to the placement of any propane tanks.

Mr. Smith stated that he loves the area and is in the process of making improvements for year round access for future retirement and the platted easements are needed for winter access at times.

At this time the hearing was closed to the public and Ms. Haag stated that based on testimony and insufficient notice to affected parties, the Board could rescind the previous action to vacate the easement. Mr. Helmick noted for the record, that the previuos easement vacation notification was only to properties which front the easement.

Commissioners Gibson and Bender noted that if additional notice been provided to area residents, it is unlikely the easement would have been vacated. Chair Rennels recalled the original hearing and that no opposition was in attendance and is in favor of rescinding the original approval to vacate.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners rescind vacation of the access easement based on insufficient notice to affected parties; vacation is not in the best interest of the public; and ownership of Lot 7 is still unknown at this time, which was a requirement of the previous approval.

Motion carried 3 - 0.

4. LINDQUIST ZONING VIOLATION: 2205 IDEAL LANE, FORT COLLINS

This is an alleged violation of Section 4.1.8: Allowed uses in RE-Rural Estate zoning district. 1. Outdoor storage is not a permitted use in the RE-Rural Estate zoning district; 2. A junkyard, by definition, is not a permitted use in the RE-Rural Estate zoning district; 3. Potential violation of the occupancy limits as defined under "living unit" in the Land Use Code. Staff findings are 1. The property is zoned RE-Rural Estate; 2. The RE-Rural Estate zoning district does not permit outside storage or junkyards, as defined in the Land Use Code; 3. The outside storage is not screened and is highly visible to surrounding neighbors and the general public; 4. The property has become an eyesore for neighbors; 5. The continued use of the property, in violation of the Land Use Code, will affect property values in the neighborhood; 6. Although not confirmed, there are some concerns that the occupancy exceeds that which is permitted. Staff recommendation is 1. Find that a violation exists; 2. Require compliance within 30 days. Compliance would require all outside storage be removed. This includes all unlicensed/inoperable vehicles, boats, and trailers. Also, all vehicles not registered to occupants at that address need to be removed. All miscellaneous outdoor storage of building materials, tires and other miscellaneous items must be removed/screened from public view; 3. Require that the number of occupants remain in compliance with the Land Use Code (one living unit); 4. Authorize legal action if the deadline is not met.

Ms. DeLude stated that she received word this morning that all the occupants of the residence are one family and that the inoperable vehicles are being transferred to another property down the street.

Mr. John Buckwalter, adjacent property owner stated that the occupants access the house through the lower level windows, urinate and brush their teeth in the back yard, that there are too many people in the house and the junk is affecting property values.

Ms. Connie Shull, adjacent property owner stated that there had been a fire in the residence and the back access(s) have been boarded, the property is a junkyard, and at any given time, she has counted 11 vehicles at the home.

Ms. Joyce Dresher stated that multiple families reside at the home as well as the home down the street, she agrees with previous statements and noted that a business is being run from the property and the business vehicles are being stored at the site. Ms. Dresher stated that noise complaints have been filed in the past and encouraged the Board to enforce existing laws and regulations.

Ms. Josie Goodyear stated that the residence has been a rental for approximately 11 years and problems have existed that long.

Ms. Michelle Foster agrees with all previous statements.

At this time the hearing was closed to the public.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners find a violation exists, require compliance within 30 days as outlined above and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

The Board asked Ms. DeLude to work with the Fire and Health Departments for compliance at the residence.

Ms. DeLude requested that item #5 be withdrawn from the agenda since the owner is currently working with the Building Department.

Mr. Timm requested the Board table item #1 to June 4, 2001 at 3:00 p.m.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners withdraw item #5 Golgart Zoning Violation #00-ZV1420 from the agenda and table item #1 Marianna Park Subdivision Lots 75, 76, and 77 Amended Plat #01-S1753 to June 4, 2001 at 3:00 p.m.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned at 5:00 p.m.

TUESDAY, MAY 15, 2001

ADMINISTRATIVE MATTERS

(#36)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Ginny Riley, Director of Human Services; Janelle Henderson, Director of Natural Resources; Larry Timm, Director of Planning; Matt Lafferty, Planner II; Rex Burns, Project Engineer; Mark Peterson, County Engineer; Donna Hart, Commissioner's Administrative Manager; Deni La Rue, Community Information Manager; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 7, 2001:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of May 7, 2001 with noted corrections.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF MAY 21, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of May 21, 2001 as amended.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the following items as listed on the consent agenda for May 15, 2001:

ACTION ITEM: Correction to the approved appointment of J. Joseph Marr to the Board of Health for a 3-year term to be a 5-year term ending on June 30, 2006.

A01-63 LABORATORY SERVICE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STEWART ENVIRONMENTAL CONSULTANTS, INC. FOR ANALYTICAL SERVICES AT THE LANDFILL

A01-64 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WSW, LLC AND WILLIS FARM HOMEOWNERS ASSOCIATION FOR THE WILLIS FARM SUBDIVISION

C01-25 HEALTH AND HUMAN SERVICES COMMUNITY PARTNERSHIPS PROGRAM CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CROSSROADS MINISTRY OF ESTES PARK, INC FOR SERVICES PROVIDED TO LOW INCOME RESIDENTS

C01-26 SALE CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JASON T. HOFFNER FOR SALE OF LOT 23, GLACIER VIEW MEADOWS 8TH FILING

R01-70s RESOLUTION FOR STATUTORY VESTED RIGHTS FOR WILLIS FARM SUBDIVISION

R01-71g RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR A PUBLIC IMPROVEMENT DISTRICT #21- SOLAR RIDGE

R01-72g RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR A PUBLIC IMPROVEMENT DISTRICT #22- SADDLEBACK

R01-73g RESOLUTION ESTABLISHING COMPENSATION FOR DEPUTY DISTRICT ATTORNEY BENJAMIN L LAMMONS

MISCELLANEOUS: Willis Farm Subdivision Final Plat; Amended Plat of Envelope E of the second Amended Plat of Fox Acres Country Club 1st Filing.

LIQUOR LICENSES: The following licenses were approved JJ's Lounge- 6%- Fort Collins, CO; Alpine Station, LLC- 6% Transfer of Ownership- Loveland, CO; and Coach House Lounge- 6%- Loveland, CO.

Motion carried 3 - 0.

5. BID FOR STATE FISCAL YEAR 2001-2002 FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) PROGRAM: Ms. Riley requested approval for submittal of a bid of $9,302,721 for fiscal year 2001-2002 and noted that competition for dollars is expected to be tougher this year due to a reduction in Federal funds. Ms. Riley stated that staff is requesting a bid equal to that of last year. Commissioner Gibson inquired as to accountability for the use of the funds and Ms. Riley replied that accountability is three-tiered: State and Federal audits and approval of the departments 2001 budget by the Board.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the bid amount of $9,302,721 and signature of the Chair on the "SFY 2001-2002 Colorado Works Allocation and MOE Bid Sheet.

Motion carried 3 - 0.

6. REQUEST TO WAIVE LANDFILL TIPPING FEES FOR BOYS AND GIRLS CLUBS OF LARIMER COUNTY: Ms. Henderson stated the Boys and Girls Club is requested a waiver of fees for 15 - 20 30-cubic yard roll off boxes of construction debris as a result of construction on their new facility. Ms. Henderson noted that the landfill is already down from monetary projections and that the normal waiver granted charitable groups is 5 30-cubic yard roll-off containers and expressed concern in setting a precedent if more than 5 is approved.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a fee waiver for the Boys and Girls Clubs of Larimer County for 5 30-cubic yard containers.

Motion carried 3 - 0.

7. WORK SESSION: Mr. Gluckman stated that the Estes Park private non-profit health organization, SALUD, is moving to a new location and therefore is required to re-apply for tax exempt status. Mr. Gluckman noted that in order for SALUD to make this request, a letter is needed from the Board stating that the organization is and does what it claims.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve and authorize the Chair to sign a letter of support for SALUD to apply for tax exempt status.

Motion carried 3 - 0.

Discussion ensued regarding the special session of the legislature to address a growth bill.

8. COMMISSIONER REPORTS: Commissioner Bender noted his attendance at the Office on Aging Advisory Council, which is re-evaluating their purpose and goals, as well as his attendence at the Larimer/Weld Water Issues group, which is establishing goals and reviewed a Water Release Agreement.

Commissioner Gibson stated that he continues to tour areas of the County and visit with citizens; he also sat and listened to operations of the quarry at Masonville this morning.

Chair Rennels noted that she attended a meeting with the City of Fort Collins at which 18 and over nights and raves were discussed.

9. LEGAL MATTERS: Mr. Lafferty and Mr. Burns updated the Board on ABC Storage and related drainage issues in the area. Mr. Lafferty stated that a building permit has been issued to ABC Storage since the drainage issues are not a result of construction. The dispute, Mr. Burns stated is between Mr. Burton, Mr. Gibson and the Colorado Department of Transportation.

EXECUTIVE SESSION:

At this time George Hass, County Attorney; Jeannine Haag, Linda Connors and Brian Treu, Assistant County Attorneys joined the meeting.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 10:35 to discuss pending litigation.

Motion carried 3 - 0.

At some time during executive session, Frank Lancaster, County Manager joined the executive session.

Executive session ended 11:40 a.m.; the following action was taken:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the request to expend $25,000 in earnest money, and authorize Mr. Lancaster to sign document for exploration of a proposed property acquisition.

Motion carried 3-0.

Meeting adjourned at 11:45 a.m.

____________________________________

KATHAY RENNELS, CHAIR

BOARD OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

CLERK AND 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.