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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, November 25, 2002

LAND USE HEARING

No Audio Available

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were George Hass, County Attorney; Sarah flick, Geniphyr Ponce-Pore, Al Kadera and Matt Lafferty, Planning Department; Roxann Hayes, Engineering Department; and Jean O'Connor, Recording Clerk.

The Board recognized the following citizens with the Building Department Award for Professionalism: Joe Bastian, Mark D'Rosario, Bruce Gregg, Steve Kellums, Steve Lane, Tom Moss, and Doug Spencer.

1. GLOEGGLER EXTENDED FAMILY DWELLING: NE 1/4 OF SECTION 29, TOWNSHIP 8, RANGE 69W. LA PORTE, CO

This is a request for an Extended Family Dwelling on a .813 acre property, with public water and sewer, to be used by a disabled family member. Staff recommendation is approval of the Gloeggler Extended Family Dwelling, with the following conditions 1. The permit for the Extended Family Dwelling is issued for 3 years from the day of this hearing; 2. The Extended family dwelling will be removed within 3 months from the date of the expiration of the permit unless an application for subdivision is submitted; 3. The applicant must apply for, and be issued a Larimer County building permit. In addition too standard Building Department requirements for building permits (setbacks, water and sewer hookups); 4. The Saturn station wagon parked onsite must be registered and have license plates; 5. All other unlicensed or inoperable vehicles, besides the Saturn wagon, on the property must remain covered and screened from public view; 6. Equipment that is currently being stored outdoors in the yard must be removed; 7. There are four dogs onsite, in violation of Larimer County regulations stating that "a maximum of 3 adult...dogs or cats may be kept as an accessory use to a single-family dwelling" (Larimer County Land Use Code Section 4.3.10 C1). The applicant is prohibited from adding to the number of dogs onsite; 8. Conditions (3) through (7) must be completed within 60 days of approval of the Extended Family Dwelling.

Ms. Flick reminded the Board that this item had been tabled twice recently and that the outstanding issue is which of the modular units is to be considered the "extended family dwelling". Ms. Flick further noted that the applicant is still hospitalized and that her father is present with a German interpreter, Ms. Oolie Simpson. Commissioner Rennels stated that the outstanding question from previous hearings is which home is to remain on site when the need for the second dwelling ceases. Ms. Simpson stated that she has explained to Mr. Victor Gloeggler that one of the homes must be removed and that he has told her that the newer home would be removed when the need ceases. Ms. Simpson further stated that Mr. Gloeggler does not believe the older home would transport well.

Commissioner Rennels asked if the newer home is currently set-up according to County standards and Ms. Simpson replied that Mr. Geoggler does not believe the land would support the unit, but that when the permit comes through, County standards would be met. Chair Gibson asked if Mr. Gloeggler understands that water, sewer and septic hook-up of the newer unit is required and Ms. Simpson replied in the affirmative.

Commissioner Bender asked if the conditions of approval are understood and clear to Mr. Gloeggler and Ms. Simpson replied in the affirmative; however it is not clear why the Saturn car must be licensed if the applicant is not capable of driving it at this time. Mr. Helmick stated that all vehicles are required to be operable and licensed or they are to be covered.

Mr. Phil Riedesel noted for the record that he still opposes two manufactured homes on the site and stated that the older home is in such disrepair, that it should be declared uninhabitable. Mr. Riedesel expressed his preference for the newer home to remain and the older be removed when the need ceases for the extended family dwelling.

There being no further comment, the hearing was closed.

Commissioner Rennels asked if the applicant/property owner could come back to the Board and change which unit is to remain on the parcel and Ms. Flick replied in the affirmative. Mr. Helmick suggested condition #2 be more general and the second sentence read, "The extended family dwelling will be ..." and delete the entire 1st sentence.

M O T I O N

Commissioner Bender moved that the Board of Commissioners approve the Gloeggler Extended Family Dwelling be approved as amended and outlined above.

Motion carried 3 - 0.

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

2. KNESS MINOR RESIDENTIAL DEVELOPMENT (MRD) UTILITY EASEMENT VACATION: NE 1/4 SEC 36, T 5 N, R 69 W, MORE SPECIFICALLY LOCATED ON THE REAR LOT LINE OF LOT 3 OF KNESS MRD AT 1230 CODY DRIVE, LOVELAND, CO 80537

This is a request to vacate a portion of the utility easement located along the rear property line of and entirely within the boundaries of Lot 3 of the Kness MRD. Staff recommendation is approval of the Kness MRD Easement Vacation.

3. AMENDED PLAT AND EASEMENT VACATION FOR GLACIER VIEW MEADOWS 12TH FILING, LOTS 37, 38 AND 39A: NW1/4 OF SECTION 36, TOWNSHIP 9 NORTH, RANGE 72 WEST OF THE 6TH PM IN GLACIER VIEW MEADOWS, LARIMER COUNTY, COLORADO.

This is a request to amend the plat of Glacier View Meadows 12th Filing, for Lots 37, 38, and 39A in order to combine three lots into two and vacate utility easements. Staff recommendation is approval with the following condition and authorization for the chairman to sign the plat when the condition is met and the plat is presented for signature 1. The Final Plat shall be recorded by May 25, 2002 or this approval shall be null and void.

M O T I O N

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

Motion carried 3 - 0.

  1. LAND USE CODE AMENDMENT

This is request to amend the Larimer County Land Use Code to eliminate the Urban Growth Area Review Board (UGARB) and establish the Larimer County Planning Commission as the recommending body for all zoning and development projects within the County's Growth Management Overlay Zoning Districts in the Fort Collins Area. Staff findings include 1. The elimination of the Urban Growth Area Review Board is consistent with the expressed desires of the City of Fort Collins; 2. The elimination of the review board will stream line the development review process for citizens and applicants. Staff recommendation is approval of the Land Use Code amendment as presented and outlined above.

Commissioner Rennels suggested reference to the Urban Growth Area Review Board be contained in the Land Use Code somewhere for future reference to the Board and elimination of; staff concurred.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Land Use Code Amendment as presented and modified with a reference statement as requested.

Motion carried 3 - 0.

At the prerogative of the Chair, the agenda was changed to hear item #6 before item #5.

6. OLECH/ RAUS ZONING VIOLATION: 701 N.TAFT AVENUE, LOVELAND, CO

This is a alleged violation of Section 4.1.1: The use of a single-family residence's detached garage for a church without county approval; Section 21.1(b): Developing real property without a building permit; and Section 6.2.(a)(2): Failure to complete site plan review for a change of use. Mr. Kadera briefed the Board regarding the violation and noted that the property owner is not present, however the current occupant/renter, Mr. Ron Raus of the Rock Church is present. Mr. Hass stated that the Board could still find a violation exists noting the property owner was properly notified and chose not to be present. Much discussion ensued and testimony was taken from Mr. Ron Raus and Mr. Rick Walden. However consensus of the Board was to table this item and therefore:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Olech/ Raus Zoning Violation to January 21, 2003 at 3:00 p.m.

Motion carried 3 - 0 .

5. AMENDMENT TO THE LARIMER COUNTY LAND USE CODE

This is a request to amend Section 8.1.4 of the Land Use Code. Staff findings include 1. The proposed Code amendment is consistent with the Master Plan and the intent and purpose of the Land Use Code; 2. The proposed amendment satisfies the review criteria for changes to the text of the Land Use Code. Staff recommendation is approval of the amendment to Section 8.1.4 of the Land Use Code as outlined in the November 25, 2002 staff report in the official file located in Planning.

Commissioner Bender expressed appreciation to staff and noted that the proposed amendment provides flexibility. Much discussion ensued regarding fire management plans and who would administer said plans. Mr. Hass suggested the page layout be revised to clarify the components of a fire plan in that all plans must include currently proposed "a." and either currently proposed "b or c". The Board concurred.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the amendment to the Land Use Code Section 8.1.4. as presented and with minor page layout change.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 4:50 p.m.

TUESDAY, NOVEMBER 26, 2002

ADMINISTRATIVE MATTER

(#117)

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 Ms. Dori Villalon and Mr. Rigo Nada, Larimer Humane Society; Melinda Keen, Donna Hart, Bob Keister and Deni La Rue, Commissioner's Office; Charlie Gindler, K-Lynn Cameron, and Gary Buffington, Parks and Open Lands; Jerry White and Charlie Johnson, Engineering; Jim Reidhead, Rural Land Use Center; Tim Palmer, Sheriff's Department; Linda Connors, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Ms. Kathy Hartman, Mr. Jim Williams, Ms. Jean Borshnak, and Mr. Jeff Anderson addressed the Board regarding the purchase of 219-acres at the base of the Devil's Backbone and encouraged the County's participation.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 18, 2002:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of November 18, 2002 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 2, 2002: Ms. Hart reviewed the schedule with the Board.

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:

PETITIONS FOR ABATEMENT: Kothe; Mettlen, Rupp, Shockley; and Streeb.

11262002A001 COVENANT AND BUILDING USE RESTRICTION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SUSAN RUPP

11262002A002 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND K 7 M COMPANY, LLC AND TEAL CREEK HOMEOWNERS ASSOCIATION FOR TEAL CREEK PLANNED UNIT DEVELOPMENT

11262002D001 DEED OF CONSERVATION EASEMENT BY KENNETH E. DeLINE IN FAVOR LARIMER COUNTY

11262002R001 RESOLUTION FOR ACQUISITION OF JOSEPH H. BUTLER PROPERTY

MISCELLANEOUS: Amended Plat of Lot 4, Terry Deaton Minor Residential Development and a portion of the SE 1/4 of 05-08-68; Amended Plat of Lots 23, 25, 27, 29, & 31, Block 2 Town of Bellvue; and Final Plat for Teal Creek Planned Unit Development.

LIQUOR LICENSES: The following license was approved Fort Collins Country Club- Club- Fort Collins, CO. The following license was issued Red Feather Liquors- Retail- Red Feather Lakes, CO.

Motion carried 3 - 0.

5. HIDDEN VALLEY OPEN SPACE LAND ACQUISITION: Ms. Cameron stated that this is a joint project with the City of Loveland, who will partner at 90% and Larimer County at 10% or $208,400 with the property being managed by Larimer County Open Lands. The Board expressed appreciation to the citizens who played a tremendous role in the acquisition of this property.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the acquisition of the Hidden Valley Open Space and the expenditure of $208,400 for 219-acres from the Help Preserve Open Space Sales Tax.

Motion carried 3 - 0.

11262002R002 RESOLUTION TO PARTICIPATE IN PURCHASE OF CONSERVATION EASEMENT IN HIDDEN VALLEY

6. HUMANE SOCIETY FEES: Ms. Villalon proposed to increase the intact animal license fee by $2 making it $27 as well as implement a fee for animals reclaimed by the Society without a license. Ms. Villalon recommended charging an additional $20 reclaim fee if an animal is impounded without a license on a collar; $40 reclaim for animals wearing a license on a collar; and $60 for animals not wearing a collar or license even if they are licenses, but not wearing it. Commissioner Rennels noted support for users of the Society to pay for services.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve an additional $20 reclaim fee to the owner/guardian if their animal is impounded without the license tag on a collar. A $40 reclaim fee for animals wearing a collar/license; and $60 for animals not wearing collar/license, even if the animal is currently licensed.

Motion carried 3 - 0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a $2 increase to license fee for intact animals from $25 to $27, all fees to be effective January 1, 2003.

Motion carried 3 - 0.

  1. DISCUSSION REGARDING OFF DUTY DEPUTIES AT "THE ROCK": Ms. O'Connor reminded the Board that they had placed a stipulation on the liquor license for The Rock a year ago as a result of excessive underage drinking citations. The owners, Ms. O'Connor continued, are now requesting that they no longer be required to hire off duty deputies. Lt. Palmer stated that the Sheriff's office has no strong feelings one way or the other and that time would tell if The Rock stresses the resources of the Department

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the removal of stipulation requiring The Rock to hire off duty deputies on 18 and over nights and review reports in 6-months.

Motion carried 3 - 0.

8. APPOINTMENTS TO THE COMMUNITY CORRECTIONS ADVISORY BOARD: Ms. Keen recommended the following appointment and requested approval. Jade Bozmans-3-year term commencing November 26, 2002 and expiring June 30, 2006; Paul Cooper, Jennifer Rehder, and Tanya Tisher- re-appointed for 2-years terms with a waiver of term limits commencing January 1, 2003 and expiring June 30, 2005; Thomas Kilpatrick- 2-year term commencing January 1, 2003 and expiring on June 30, 2005.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve appointments to the Community Corrections Advisory Board as presented and outlined.

Motion carried 3 - 0.

9. COLORADO FRONT RANGE TRAIL LOGO: Mr. Gindler stated that Colorado State Parks is requesting local approval of a logo for the Front Range Trail system and requested the Board sign a letter of support.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the logo for the Colorado Front Range Trail and authorize the Chair to sign a letter of support.

Motion carried 3 - 0.

10. SECURE MATCHING FUNDS FOR AN EQUIPMENT UPGRADE GRANT: Mr. Miller stated that the Byrne Grant for Systems Improvement requires 25% matching funds. The grant, if approved, would be applied toward the purchase of 5 digital cameras and a digital projector, totaling $8000. Mr. Keister stated that the Coroner's 2002 budget can be revised to show receipt of the grant dollars and expense for the equipment for up to $2000 to cover the matching requirement. Commissioner Rennels asked if money could be advanced to the Coroner's office for the purchase of the equipment now instead of 6-months from now, and Mr. Keister replied in the affirmative.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the earmarking of funds from the 2002 budget to cover the 25% matching funds requirement for an equipment upgrade grant up to $2000.

Motion carried 3 - 0.

11. DELINE PERPETUAL CONSERVATION EASEMENT: Mr. Reidhead stated that Mr. Ken DeLine is proposing a perpetual conservation easement on his property along County Road 13 and requested the Board accept the easement of 39.9+ acres.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners accept the DeLine Perpetual Conservation Easement and authorize the Chair to sign.

Motion carried 3 - 0.

12. 35-ACRE BUTLER PROPERTY ACQUISITION: Mr. Gindler stated that the Butler property is the last piece of land to connect the Devil's Backbone to Horsetooth Mountain Park and requested a $400,000 expenditure from the Help Preserve Open Space Sales Tax fund.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a $400,000 from the Help Preserve Open Space Sales Tax fund for the acquisition of the Butler 35-acre property.

Motion carried 3 - 0.

11262002R001 RESOLUTION TO PARTICIPATE IN PURCHASE OF CONSERVATION EASEMENT ON THE BUTLER PROPERTY

13. PETERSON RANCH CONSERVATION EASEMENT PURCHASE: Ms. Cameron stated that this property is located in the Laramie foothills and that the Legacy Land Trust has negotiated to purchase a conservation easement on 504-acres. Ms. Cameron noted that the Land Trust has requested Larimer County be a financial partner in the purchase and requested approval to expend $69,000 from the Help Preserve Open Space Sales Tax fund.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the expenditure of $69,000 from the Help Preserve Open Space Sales Tax fund for the purchase of 504-acres of the Peterson Ranch Conservation Easement in conjunction with the Legacy Land Trust.

Motion carried 3 - 0.

14. WORK SESSION: Commissioner Rennels stated that she has been working on bacterial mitigation for runoff at dairies and requested support for Larimer County to participating in a research project by contributing $2000 from the Board's Special Projects Fund. The Board concurred.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve $2000 from Commissioner's Special Project Fund for participation in a research project to address bacterial mitigation from dairy runoff.

Motion carried 3 - 0.

15. COMMISSIONER REPORTS: The Board noted their attendance at events the past week.

There being no further business, the meeting adjourned at 11:00 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: Rocky Mountain National Park by Sue Burke. All rights reserved.