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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, May 12, 2003

LAND USE HEARING

No Audio Available

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were David Karan, Russ Legg, Geniphyr Ponce-Pore, and Karin Knauf, Planning Department; Stan Griep, Building Department, Doug Ryan, Health Department; Traci Downs, Engineering Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

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

1. AMENDED PLAT OF THE MCCONNELL EXEMPTION TRACTS B & C: SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 68 WEST; MCCONNELL EXEMPTION TRACTS B & C, IMMEDIATELY NORTH OF COUNTY ROAD 48 (VINE DRIVE) APPROXIMATELY 3/4 MILE EAST OF I-25

This is a request for an Amended Plat to adjust the property boundaries between three adjacent lots. Staff recommendation is approval subject to the following conditions 1. All structures within required setbacks or spanning any boundary line will be moved or removed to conform to the relevant required setback. No building permit or certificate of occupancy will be issued until any remaining setback non-conformities are corrected; 2. Delineation of the 100-year flood plain limits to Boxelder Creek will be approved by the Engineering Department prior to recording of the Amended Exemption Plat.

2. AMENDED PLAT OF A PORTION OF LOTS 4 AND 5, AND LOT 6, POUDRE PARK SECOND ANNEX: SE 1/4 OF SEC 2, TOWNSHIP 8 NORTH, RANGE 71 WEST OF THE 6TH PM, LARIMER COUNTY, CO. MORE SPECIFICALLY LOCATED 4.5 MILES EAST OF THE INTERSECTION OF HIGHWAY 14, AND COUNTY ROAD 27

This is a request for an Amended Plat of Poudre Park Annex to combine three lots into one lot. Staff recommendation is approval subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature 1. The Final Plat shall be recorded by November 12, 2003 or this approval shall be null and void; 2. Minor changes as requested by Dale Greer of Larimer County Engineering shall be made prior to recordation of the plat.

MOTION

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

Motion carried 3 - 0.

3. TWO LAKES SUBDIVISION DIVISION APPEAL: N1/2 OF 25-08-68; LOCATED NORTH OF COUNTY ROAD 52 AND WEST OF WELD COUNTY ROAD 13 BETWEEN HINKLEY LAKE AND COBB LAKE

This is a request for appeals to Section 8.14.2.F (Maximum Length of dead-end access) and Section 8.14.2.M (Connectivity), Development Design Standards for All Development. Staff recommends approval of the appeal request to exceed the Section 8.14.2.F Maximum Length of dead-end access with the following condition 1. The applicant shall fully comply with all requirements of the Poudre Fire Authority as stated in the memo from Ron Gonzales, dated April 3, 2002 or that may arise in the review of the applicant's Preliminary Plat application. And Staff recommends denial of the appeal request to waive the Section 8.14.2.M Connectivity Development Design Standards for All Development.

Ms. Knauf noted that the applicant agrees to sprinkler the homes as requested by the fire department but does not agree with the requirement for connectivity.

Mr. Tim Martin and Ms. Carol Jones, the applicants, provided the Board with a statement addressing why their appeal of Section 8.14.2.M of the Land Use Code should be approved. Mr. Martin summarized the handout noting that the three entities utilizing the existing easement do not want a "public access" designation. There is no reason for the public to access a road that services private residential land.

Mr. Steven Smith, Manager for North Poudre Irrigation Company (NPIC), provided the Board with a letter from the State Damn Inspector, which notes that it is his opinion that public access at the damn is not acceptable since the damn is not engineered for such traffic. Mr. Smith further noted that the NPIC Board also opposes public access at the damn and clarified that the lakes are not available to or for public use.

Commissioner Rennels stated that she has a problem requiring an applicant to provide publicly dedicated roads because maybe an adjacent property owner might develop their land sometime in the future. Commissioner Rennels also noted that the proposed two lots will not access off the existing easement and that she therefore supports both appeals.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the appeal of Section 8.14.2.F with conditions as outlined above and approve the appeal of Section 8.14.2.M as requested.

Motion carried 3 - 0.

4. WARNER MINOR LAND DIVISION EXEMPTION APPEAL: APPROXIMATELY 15 MILES NORTH OF WELLINGTON, LOCATED ON THE WEST SIDE OF COUNTY ROAD 5, AT THE NE 1/4, OF THE NW1/4 OF 26-11-68

This is a request for an appeal to Section 18.2.1.B.3 (requiring a pitched roof on a mobile home) and Section 18.2.1.B.5 (requiring that an attachment to a mobile home structure be made within 18 months of the issuance of a building permit) of the Larimer County Land Use Code. Staff recommendation is denial of the appeal to Section 18.2.1.B.3 of the Larimer County Land Use Code. And staff recommendation is denial of the appeal to Section 18.2.1.B.5 of the Larimer County Land Use Code.

Ms. Ponce-Pore briefed the Board on the requested appeals and noted that Mr. Warner is not present. Mr. Legg noted that he received an email from Mr. Warner this morning and explained the lengthy relationship between the County and Mr. Warner, which was often disappointing to Mr. Warner. Mr. Legg stated that Mr. Warner believes his requests for appeals should not be necessary since the regulation is someone else's idea of what is aesthetically compatible. Mr. Legg further noted that Mr. Warner has spent a considerable amount of time and money getting to this point with his parcel and is requesting additional time (years) before being required to submit application for a building permit application due to costs to be incurred.

Ms. Ponce-Pore clarified that Mr. Warner does not believe he should be required to build a "pitch roof", but that he does plan an addition as required, just more time before he has to submit plans.

Much discussion ensued regarding ways to assist Mr. Warner.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the appeal to Section 18.2.1.B.3 of the Land Use Code regarding a pitch roof.

Motion carried 2 - 1; Chair Bender dissenting.

Additional discussion ensued regarding the intent of Mr. Warner and the need to grant additional fime for submission of a building permit or submitting plans for a permit but not building for a period of time. Staff noted that Mr. Warner is currently residing in a RV on the parcel and that there is no well or sewer on the parcel.

MOTION

Commissioner Gibson moved that the Board of County Commissioners deny the appeal of Section 18.2.1.B.5 of the Land Use Code requiring an attachment to the mobile home.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 4:15 p.m.

TUESDAY, MAY 13, 2003

ADMINISTRATIVE MATTERS

(#162 & 164)

The Board of Commissioners met with Frank Lancaster, County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Stacy Duenwald, Human Services; Melinda Keen, Donna Hart and Deni La Rue, Commissioner's Office; Dale Miller, Jerry White and Kim Nohava, Public Works Departments; Gary Buffington, Parks and Open Lands Director; Jeannine Haag and David Ayraud, County Attorney's Office; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 5, 2003:

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of May 5, 2003 with noted corrections.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 19, 2003: Ms. Hart reviewed the schedule for the week of May 19, 2003.

  1. CONSENT AGENDA:

MOTION

Commissioner Rennels moved that the Board of County Commissioners remove the Hensley Musial Corp. liquor license from the consent agenda for additional information.

Motion carried 3 - 0.

MOTION

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

05132003A001 ASSESSOR MAP ANNOTATION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TSR GROUP

05132003A002 EXTENSION AGREEMENT FOR LEGAL SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SHERMAN AND HOWARD, LLC FOR YEAR 2003

MISCELLANEOUS: Impact Assistance Grant application on behalf of Larimer County to the Colorado Division of Parks and Outdoor Recreation; Juvenile Accountability Incentive Block Grant Plan- Fiscal Year 2002- Acceptance of funds.

LIQUOR LICENSES: The following licenses were approved Fort Namaqua Wine and Spirits- Retail- Loveland, CO and Sandy's Convenience Store- 3.2%- Loveland, CO. The following license was issued The Baldpate Inn- H & R- Estes Park, CO.

Motion carried 3 - 0.

Commissioner Rennels questioned the issuance of a retail license for an establishment she did not recall approving. Mr. Lancaster reviewed the paper work submitted for Hensley Musial Corp and noted that the application is marked as a transfer of ownership for 287 Discount Liquor.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the transfer of ownership of 287 Discount Liquor to Hensley Musial Corp.

Motion carried 3 - 0.

5. OLDER AMERICANS MONTH PROCLAMATION: Ms. Duenwald requested approval from the Board proclaiming May as Older Americans Month and thanked the Board for their support of senior programs available through the County.

MOTION

Commissioner Rennels moved that the Board of County Commissioners proclaim the month of May as Older Americans Month.

Motion carried 3 - 0.

6. APPOINTMENTS TO THE WEED CONTROL DISTRICT AND THE CORE SERVICES PLACEMENT ALTERNATIVES COMMISSION: Ms. Keen requested approval of the following citizens to serve a three-year term on the Core Services Placement Alternatives Commission: Beth Dickson and Cyndi Dodds to commence July 1, 2003 and expire June 30, 2006; and John Read to commence April 2, 2003 and expire June 30, 2006. Ms. Keen further requested approval of the following citizens to the Weed Control District Advisory Committee: Guy Haggard and Douglas Rogakis- 2-year term- commencing July 1, 2003 and expiring June 30, 2005; P. Eugene Heikes and Duane Pond- 3-year term- commencing July 1, 2003 and expiring June 30, 2006; Charles Miller and Tom Ostertag- one-year term- commencing May 13, 2003 and expiring June 30, 2004.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the appointments to the Weed Control District and the Core Services Placement Alternatives Commission as presented.

Motion carried 3 - 0.

  1. EXECUTIVE SESSION (#163)

MOTION

Commissioner Rennels moved that the Board of County Commissioners go into executive session at 9:50 a.m. and cited 24-6-402 (4)(a).

Motion carried 3 - 0.

Executive session ended at 10:15 a.m.; no action was taken.

8. PARKS AND OPEN LANDS REGULATIONS FOR 2003: Mr. Buffington reviewed each proposed change to the regulations with the Board. Mr. Lancaster questioned the wording of "F.4" since Colorado is an "Open Range" State; Mr. Ayraud stated that he would research the item further. The Board requested several revisions to the 2003 regulations and directed staff to clarify and present the regulation next week for final action.

9. WORK SESSION: Mr. Lancaster stated that the owner of a parcel located at Timberline and MidPoint Drive has requested a three-foot easement on adjacent County property in order to accommodate a Fort Collins requirement to "align" driveways and roads. Mr. Lancaster stated that the County would benefit with the use of that access and requested approval.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the conveyance of permanent access easement to Epicenter Development, Inc.

Motion carried 3 - 0.

05132003A003 CONVEYANCE OF PERMANENT ACCESS EASEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND EPICENTER DEVELOPMENT, INC.

Upon further review of the Hensley Musial Corp. liquor license, Ms. O'Connor noted that the Board needed to approve the issuance of a temporary retail license to Hensley.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the issuance of a temporary liquor license to Hensley Musial Corp.

Motion carried 3 - 0.

10. COMMISSIONER REPORTS: The Board noted their attendance at events last week.

11. LEGAL MATTERS: Ms. Haag informed the Board that the previously requested audit of Galaxy Cable was not necessary as their attorney provided the information requested. Ms. Haag also noted that the proposed agreement with Galaxy Cable, scheduled for hearing next week, contains a request to allow them out of the contract if financial difficulties are experienced during the term of the contract.

EXECUTIVE SESSION (No affidavit provided)

MOTION

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 11:20 a.m. and cited 24-6-402 (4)(b).

Motion carried 3 - 0.

Executive session ended at 12:00 p.m.; no action was taken.

There being no further business, the meeting adjourned at 12:05 p.m.

___________________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

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.