Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, October 21, 2002

LAND USE HEARING

(#107)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Matt Lafferty, Sean Wheeler, Sarah Flick, and Claudia DeLude, Planning Department; Tom Garton, Chief Building Official; Doug Ryan, Health Department; Roxann Hayes, Christie Coleman, and Traci Downs, Engineering Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Gibson stated that item #1 Rockmount Cottages Boundary Line Adjustment is being tabled to November 18, 2002 at the request of the applicant.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Rockmount Cottages BLA to November 18, 2002 at 3:00 p.m.

Motion carried 3 - 0.

Chair Gibson stated that the following items are consent and will not be discussed unless requested by the Board or members of the audience.

  1. CARRIAGE HILLS AMENDED PLAT: THE SITE IS LOCATED AT 907 RAMBLING DRIVE, WITHIN THE UNINCORPORATED ESTES VALLEY

This is a request to combine two existing lots of record into a single lot of record through an amended plat. Staff recommendation is approval.

3. EAST MULBERRY SUBDIVISION LOTS 2A AND 3A AMENDED PLAT AND EASEMENT VACATION: S 1/2 OF 07-07-68; LOCATED ALONG THE WEST SIDE OF LINK LANE APPROXIMATELY 1/8 MILE NORTH OF HIGHWAY 14 (MULBERRY ROAD)

This is a request for an Amended Plat to combine Lots 2A and 3A of the Amended Plat of Lots 6, 7, 8 and 9 of Block 1 of the East Mulberry Subdivision. Staff findings include 1. The results of this action will be the reduction of one commercial lot; 2. The resulting lots will conform to the minimum lot size requirements of the I-Industrial Zoning classification. There are no and will be no non-conforming issues created by this action; 3. The proposed amended plat will not create any non-conforming setbacks, and the lot is getting larger. Any additions to the existing building on the resulting lot will be required to meet the setback requirements of the Land Use Code, which will be reviewed at the time of the expansion; 4. The proposed amended plat and easement vacation will not change any existing drainage or access patterns. The easement vacation will not restrict access to any of the adjoining lots; 5. All existing covenants and deed restriction applicable to the properties in question will remain in effect as noted on the proposed amended plat. Staff recommendation is approval.

4. SUMMIT CREST SUBDIVISION: SW 1/4 OF SECTION 28, TOWNSHIP 4N, RANGE 69W; LOCATED ALONG WEST SIDE OF CR 21, LESS THAN 1/2 MILE NORTH OF CR 4.

This is a request to divide a 13.6-acre parcel that contains one house into 5, single-family residential lots ranging from 2.35 to 3.06 acres. Staff recommendation is 1. Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Building Department once the structure is enclosed but prior to issuance of a certificate of occupancy. As an alternative, a builder may present a prepaid receipt for a radon tester that specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; 2. The following fees shall be collected at building permit for new single family dwellings: R-2J Thompson school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and Larimer County Park Regional Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply; 3. The applicant shall provide a Disclosure Notice to be approved by the County as a part of the Final Plat, and recorded with the Final Plat. This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. Included but not limited in this are the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code. Issues raised in the review include: Summit Crest Drive shall be a dedicated right-of-way, to be constructed through the Subdivision - from Meining Road to the neighboring southern parcel - if and when that parcel is developed; 4. Perimeter drains are required around subgrade construction, as recommended in the Colorado Geological Survey's memo, dated 3/20/02; 5. The northernmost access point of the existing horseshoe driveway located on Lot 5 must be removed, as required in the County Engineering Department's memo dated 3/22/02. The change to the driveway must also be shown on the Final Plat; 6. The applicant must create a road maintenance agreement - either as part of the Homeowner Covenants, or as a stand-alone document - to provide for maintenance of the portion of Meining Road that will serve Summit Crest Subdivision; 7. Sewer service for each lot shall be provided by individual, engineer-designed, evaporative septic systems as required in the memo from the County Health & Environment Department, dated 3/15/02; 8. The Final Plat must conform to approved Preliminary Plans, including the Preliminary Drainage Report.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.

Motion carried 3 - 0.

5. Berthoud Fire Protection adoption of the 1997 Uniform Fire Code

This is a request to adopt the 1997 Uniform Fire Code and amendments as requested by the Berthoud Fire Protection District. Staff finds that the adoption of the 1997 Uniform Fire Code and amendments proposed would be beneficial and will coincide with our other Fire Departments and agencies and also the County's adoption of the 1997 Uniform Building, Mechanical, and Plumbing Codes. The Fire Code is a useful tool to achieve safety and protect the welfare of all citizens throughout the County. Staff recommendation is to approve the 1997 Uniform Fire Code and proposed amendments for the Berthoud Fire Protection District.

Mr. Garton that the Berthoud Fire District is requesting approval for the adoption of the 1997 Fire Code. This adoption, Mr. Garton continued, would be consistent with the rest of Larimer County. Chair Gibson noted that school districts are exempt from building codes and asked if they were also exempt from the fire code? Mr. Lee Scott, Deputy Fire Marshall stated that school districts are not exempt from the fire code.

Chair Gibson stated that there is no public present to comment on this item.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the adoption of the 1997 Fire Code for the Berthoud Fire Protection District.

Motion carried 3 - 0.

6. INDIAN RIDGE ROAD RIGHT-OF-WAY VACATION: 25-09-69: ON THE EAST SIDE OF COUNTY ROAD #15, AND NORTH OF COUNTY ROAD #64.

This is a request to vacate a portion of publicly dedicated sections of County Road #66 and Indian Ridge Road to create a private road, and to create a gated community on a section of the vacated right-of-way that is part of the Indian Ridge Estates RLUP. Staff findings are 1. When the applicant provides an amended plat of the area, indicating the portions of the ROW that are being vacated, showing the appropriate utility easements adjacent to the ROW and the access easements for all properties that currently hold such easements, Staff concludes the ROW vacation will comply with the Larimer County Land Use Code requirements; 2. Provided that all property owners adjacent to the ROW agree to approval of the request, such approval will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 3. The application materials state that the vacated ROW will be equally divided among all adjacent property owners as required by the Larimer County Land Use Code. Staff recommendation is for approval of the request to vacate a portion of right-of-way along County Road #66 and Indian Ridge Road. Staff also recommends approval of the request to allow the Indian Ridge Estates RLUP to become a gated community, so long as all utilities, the Ditch Company, emergency service providers and adjoining property owners with existing easements, continue to have access to their property as their needs dictate.

Mr. Wheeler briefed the Board on the request and noted that the property owner to the north of the County Road 66 (which becomes Indian Ridge Road at the curve) has had historic access to their property, and if the gate were approved as proposed, they would lose that access. Mr. Wheeler suggested that the applicants and the Board consider vacating and gating the road east of the existing access for the property to the north. Or, Mr. Wheeling continued, guarantee the property owner continued access and make a plat note to that affect.

Ms. Haag stated that the Board should not "conditionally" vacate right-of-ways (ROW) and suggested the applicant submit an amended plat with notes and then the Board could take action on the ROW and the Amended Plat at the same time.

Ms. Susie Blakney, the applicant stated that the request before the Board is a safety issue to the residents. Traffic is cutting through the neighborhood, in excess of the speed limit, in order to avoid the intersection of County Road 66 and County Road 64. Ms. Blakney further noted that the property owner to the north has another access to the property besides this portion of County Road 66.

Mr. Doug Means stated that he agrees with the dedication as a private road provided all owners of this development and those of Indian Ridge Estates form a joint road maintenance association.

Ms. Downs requested that the applicant address the issues raised in her September 27th letter to staff and copied to the applicant.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners table action on the Indian Ridge Road ROW vacation and gated community to further address 1. An agreement between both Homeowners Associations for road maintenance; 2. Issues raised in the September 27, 2002 letter from Engineering; 3. Access concerns form the property owner to the north; 4. Preparation of an Amended Plat.

Motion carried 3 - 0

7. EMERY ZONING VIOLATION

This is an alleged violation of the Land Use Code Section 4.1.8 Outside storage is not a permitted use in the RE Rural Estate zoning district; Section 4.1.8 (B)(4) "No parcel can be used for more than one principle building..."; and Section 21.1.B It is unlawful to develop real property without first obtaining a building permit. Staff findings include 1. The property is zoned RE-Rural Estate; 2. Only one dwelling is permitted per parcel; 3. No building permit has been issued permitting this structure for any other use; 4. The property owner has made no contact to staff; 5. The continued use of the property, in violation of the Land Use Code, will affect property values in the area. Staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Ms. DeLude noted that the property owner is not present and staff has tried to contact Mr. Emery, but to no avail. Commissioner Rennels asked if Mr. Emery had been notified via certified mail, and Ms. DeLude stated no, but that no mail was returned either.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners find a violation exists and authorize legal action as outlined above pending the outcome of a certified mailing.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 4:00 p.m.

TUESDAY, OCTOBER 22, 2002

ADMINISTRATIVE MATTERS

(#105 & 109)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Frank Lancaster, Dona Hart, Deni La Rue, and Melinda Keen, Commissioner's Office; K-Lynn Cameron and Jerry White, Open Lands; Linda Connors and George Hass, County Attorney's Office; Gael Cookman, Clerk and Recorder's Office; Jay Hardy, Fairgrounds; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 14, 2002:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of October 14, 2002 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 28, 2002: Ms. Hart reviewed the Board's draft schedule.

4. CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the consent agenda:

ACTION ITEM: Correct FTE Allocation changes made in March 1998 in Commissioner's Office for Beverly Miller and Melinda Keen.

10222002A001 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON COUNTY ROAD 27 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ANDERSON RANCHES, INC.

10222002A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE VILLA, INC> ON BEHALF OF THE LARIMER COUNTY COMMUNITY CORRECTIONS ADVISORY BOARD

10222002A003 AGREEMENT AMENDMENT #3 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE

10222002A004 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES THROUGH THE LARIMER COUNTY WORKFORCE CENTER

MISCELLANEOUS: Amended Plat of Riverlakes Estates Lots 2 & 3; Amended Plat of 2a and 3a of the amended plat of lots 6, 7, 8 and 9 of Block 1 East Mulberry Subdivision; Amended Plat of the Fallon-Cyr Subdivision.

LIQUOR LICENSES: The following licenses were issued The Rock Dance Club- Tavern- Fort Collins, CO; The Forks Mercantile- H&R- Livermore, CO; and City Limit Liquor- Retail- Fort Collins, CO.

Motion carried 3 - 0.

5. APPROVAL OF THE AGRICULTURAL ADVISORY BOARD BY LAWS: Ms. Keen requested the Board approve the revised Agricultural Advisory Board By Laws so as to be consistent with the revised make-up of said Board.

Motion carried 3 - 0.

6. APPROVAL FOR THE NAMING OF THE FAIRGROUNDS COMPLEX: Mr. Hardy stated that the 4-H Club, the Fairground Board, county staff and a committee formed to assist in the naming of the fairgrounds have worked for over 5-months and the committee recommends naming the complex "The Ranch". The logo, Mr. Hardy continued, symbolizes the agricultural roots of Larimer County and is a "brand". The logo will allow for a more aggressive approach in marketing of the complex. "The Ranch", Mr. Hardy noted refers to the entire site and not a particular building or buildings.

MO T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the name "The Ranch" for the Larimer County Fairgrounds Complex.

Motion carried 3 - 0.

7. WORK SESSION: Mr. Gluckman asked if the Board is interested in granting a day off with pay for departmental United Way representatives. Mr. Gluckman stated that this is one person per department. Consensus of the Board is to allow a day off with pay to departmental United Way representatives.

Mr. Gluckman stated that Commissioner Bender had been reviewing current internal/external policies and questioned the necessity for the Guidelines For Cabinet Meetings/ Role of the Cabinet policy. Mr. Gluckman noted that the policy had not been reviewed or amended since approximately 1996. The original intent was to bring together the Board, other elected officials, senior management and others together to discuss policies. Other procedures, Mr. Gluckman continued are more efficient and effective such as proposed changes to policies being sent Countywide for comment. Mr. Gluckman requested the Board rescind this policy.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners rescind the Guidelines for Cabinet Meetings/ Role of the Cabinet policy.

Motion carried 3 - 0.

8. LEGAL MATTERS: Ms. Connors noted that the Board made a previous decision to deny a temporary permit for the new owners of this establishment as well as requiring a full hearing for the new license. However, the previous application has been withdrawn and Mr. Ryan Workman is making application. The question before the Board today, Ms. Connor continued, is whether or not to issue a temporary permit under the new application. Mr. Workman explained that the previous applicants may be hired as floor staff, but would not benefit from any profits. Commissioner Rennels stated that she could support a temporary permit to Mr. Workman, but still wants a full hearing for the transfer of ownership; Commissioner Bender agreed.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the issuance of a temporary liquor permit to Ryan Workman and schedule a public hearing after the background investigation is complete.

Motion carried 3 - 0.

EXECUTIVE SESSION (#110)

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 10:25 a.m. and cited 24-6-402(4)(a) C.R.S.

Motion carried 3 - 0.

Executive session ended at 10:35 a.m.; no action was taken.

Mr. Hass stated that the contract the Board has with the County Manager requires a "housekeeping" type amendment and request approval of a resolution, which clarifies said contract.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a resolution clarifying the contract with the County Manager.

Motion carried 3 - 0.

10222002R001 RESOLUTION CLARIFYING CONTRACT WITH COUNTY MANAGER

There being no further business, the meeting adjourned at 10:40 a.m.

_________________________________

GLENN W. GIBSON, CHAIR

BOARD OF 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: Loveland Bike Trail by Sharon Veit. All rights reserved.