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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, July 21, 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 Geniphyr Ponce-Pore, Matt Lafferty, and Sean Wheeler, Planning Department; Doug Ryan, Health Department; Roxann Hayes, Engineering; 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 AND EASEMENT VACATION FOR LOT 29, GLACIER VIEW MEADOWS FIRST FILING, AND LOTS 2, GLACIER VIEW MEADOWS SUBDIVISION, SECOND FILING: NW1/4 OF SECTION 36, TOWNSHIP 9 NORTH, RANGE 72 WEST OF THE 6TH PM IN GLACIER VIEW MEADOWS

This is a request to combine two platted lots and vacate the utility easement located on the common lot line. Staff recommendation is approval with the following conditions and authorization for the Chair to sign the plat when presented for signature 1. The Final Plat shall be recorded by January 21, 2004 or this approval shall be null and void; 2. Technical corrections requested by Dale Greer shall be prior to recordation of the plat; 3. A rezoning of Lot 82 from E-Estate to O-Open shall be approved by the Board of County Commissioners prior to recording the amended plat.

2. AMENDED PLAT FOR A PORTION OF LOTS 3, 4 AND 5, WALPOLE SUBDIVISION: NW 36-8-69, APPROXIMATELY ONE-HALF MILE NORTH OF COUNTRY CLUB ROAD AND TERRY LAKE ROAD INTERSECTION, ADJACENT AND EAST OF HIGHWAY 1

This is a request to amend the plat of a portion of Lots 3, 4, and 5 of Walpole Subdivision. Staff recommendation is approval with the following conditions and authorization for the Chair to sign the plat when presented for signature 1. The Final Plat shall be recorded by January 21, 2004 or this approval shall be null and void; 2. A Disclosure Notice shall be prepared and approved by Planning Staff, and recorded with the plat.

3. CLYDESDALE PARK PUD 1ST FILING LOT 82 - UTILITY AND DRAINAGE EASEMENT VACATION: NE 1/4 OF 15-07-68; LOCATED ON THE SOUTH SIDE OF HIGHWAY 14, APPROXIMATELY 1/2 MILE EAST OF I-25

This is a request to vacate a 3 feet of the 8 foot Utility and Drainage easement along the northern boundary of Lot 82 of Clydesdale Park PUD 1st Filing. Staff recommendation is approval of the request to vacate 3 feet of the existing 8 foot utility and drainage easement along the northern property line of Lot 82 of Clydesdale Park PUD 1st Filing (file # 03-S2150) as outlined in documentation from the applicant.

4. SCHNORR MINOR LAND DIVISION: 26 & 27 -08-86; 1/2 MILE WEST OF COUNTY ROAD 3 ON THE NORTH SIDE OF COUNTY ROAD 52

This is a request for a three lot Minor Land Division to separate two existing dwellings on 10-acre lots from the balance of the farm ownership of 242 acres. Staff recommendation is approval with the following condition and authorize the Chair to sign the plat when presented 1. Prior to the recordation of the MLD Plat the applicant shall address the Engineering Comments from Dale Greer.

MOTION

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

Motion carried 3 - 0.

5. MOUNTAIN RIVER RANCH ESTATES CONSERVATION DEVELOPMENT, AMENDED DEVELOPMENT AGREEMENT: 33-04-69: ON THE SOUTH SIDE OF CR#4, APPROX. 1 MILE WEST OF US HIGHWAY 287

This is a request to modify the provisions of the Development Agreement related to landscape collateral. Staff recommendation is denial of a modification to the Development Agreement.

Mr. Wheeler stated that all warranty collateral has been released and the applicant no longer believes landscape dollars should be deposited in these economic hard times. Staff, Mr. Wheeler continued, has offered to reduce the warranty collateral for landscape to $12,000 to be deposited in escrow until such time the first lot is sold and then the remainder of the required $25, 475 collateral shall be deposited in escrow.

Mr. Kent Bruxvoort, representative of the property owners, stated that staff offered three options regarding the landscape collateral and his clients chose the third option, much to the dismay of staff. Mr. Bruxvoort provided the Board with a timeline of events and a phone conversation record.

Mr. Ron Pietrafeso, property owner, stated that he is aware of obligations contained in the development agreement and agrees to landscape each lot, but prefers to do so upon the sale of each lot.

Much discussion ensued regarding the cost to landscape now vs. landscaping costs in the future.

Ms. Haag suggested that each lot have a sale restriction clause, which would be found in a title search prior to sale and making potential buyers aware of the developers responsibility to landscape.

The hearing was closed to the public at this time.

Commissioner Rennels agreed with lot sale restrictions and noted if the entire development is sold prior to the sale of individual lots, the entire required landscape warranty collateral shall be paid in full. Chair Bender and Commissioner Gibson concurred.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve a modification of the Mountain River Ranch Estates to provide that a lot sale restriction be recorded against all lots. Larimer County will not release the sale restriction unless the Developer places in an escrow account with a Federal or State licensed financial institute, an amount equal to $4,000/lot. In the event the lots (or remaining unsold lots) are sold in bulk, the Developer shall deposit in the escrow account, all remaining amounts owed or $4,000 per lot.

Motion carried 3 - 0.

  1. WHITMAN APPEAL: 12-06-69; LOCATED ALONG THE SOUTH SIDE OF SKYWAY DRIVE AT 209 SKYWAY DRIVE APPROXIMATELY 1/4 MILE EAST OF SOUTH COLLEGE AVE

This is a request for the Board to consideration, per Section 4.2.1.D.2.d of the Larimer County Land Use Code, accepting a determination by the City of Fort Collins that the property owner need not apply to annex a parcel of land that is contiguous and eligible for annexation to the City of Fort Collins. Staff findings are that there is no significant conflict in processing an application for rezoning on this site. This however, does not prejudge the premise of whether the existing zoning is incorrect or should be changed. These issues will be evaluated at the time the property owner chooses to submit an application for rezoning. Staff recommendation is that the Board of County Commissioners accepts the City's determination for the Whitman property, 209 Skyway Drive (03-G0049) as presented, and thereby allow the County staff to accept an application for rezoning of the subject site.

Chair Bender noted there is no public present for this item.

MOTION

Commissioner Gibson moved that the Board of County Commissioners accept the City of Fort Collins determination of no need to annex the property at 209 Skyway Drive.

Motion carried 3 - 0.

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

TUESDAY, JULY 22, 2003

ADMINISTRATIVE MATTERS

(No Audio Available)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Bender presided and Commissioner Gibson was present. Also present were Linda Connors, George Hass, and Jeannine Haag, County Attorney's Office; Gael Cookman and Dawn Stroh, Clerk's Office; Jerry Blehm, Rich Grossman and Dr. Adrienne LeBailly, Health Department; Tom Garton, Candace Phippen, and Claudia DeLude, Planning and Building Services; Donna Hart and Deni Le Rue, Commissioner's Office.; and Jean M. O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. CONSIDERATION OF DECISIONS MADE BY THE BOARD OF EQUALIZATION REFEREES: Ms. Cookman requested the Board convene as the Board of Equalization to take action on referee decisions.

MOTION

Commissioner Gibson moved that the Board of County Commissioners recess and convene as the Board of Equalization.

Motion carried 2 - 0.

MOTION

Commissioner Gibson moved that the Board of Equalization approve the recommendations of the appointed referees regarding property valuations.

Motion carried 2 - 0.

(Clerk's note: Decisions approved of the referee's were for July 15 - 18, 2003)

MOTION

Commissioner Gibson moved that the Board of Equalization adjourn and the Board of County Commissioners reconvene.

Motion carried 2 - 0.

3. APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 14, 2003:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of July 14, 2003 as presented.

Motion carried 2 - 0.

At this time Commissioner Rennels arrived at the meeting.

4. REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 28, 2003: Ms. Hart reviewed the schedule with the Board.

5. DISCUSSION WITH OWNER OF EL CHABASCO RESTAURANT: Ms. Connors noted that only one citation had been issued at the establishment and suggested another review in 6-months. The Board concurred as did the owner and his attorney.

6. CONSENT AGENDA:

MOTION

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

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Amoco Oil Co (2) and Tacaney Partners, LLLP.

07222003A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RAMPART SYSTEMS, LLC (Detention Center Control Console Upgrade)

07222003A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GROUND ENGINEERING CONSULTANTS, INC FOR GEOTECHNICAL AND TESTING SERVICES

07222003A003 WARRANTY MEMORANDUM BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CLYDESDALE PARK LLC FOR CLYDESDALE PARK PLANNED UNIT DEVELOPMENT 2ND FILING

07222003R001 RESOLUTION REGARDING THE RELEASE OF COLLATERAL FOR CLYDESDALE PARK PLANNED UNIT DEVELOPMENT 2ND FILING

07222003R002 RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR A PUBLIC IMPROVEMENT DISTRICT (Taft Canyon PID)

07222003R003 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR THE FARM AT BLUE MOUNTAIN MEADOW

MISCELLANEOUS: Department of Human Services Payments January - June 2003; Community Corrections Building Approval and Overturn the Action taken by the City of Fort Collins Planning and Zoning Board; and Eighth Judicial Districts Fiscal Year 2002 Collaborative Juvenile Accountability Incentive Block Grant Plan and Support Letter.

LIQUOR LICENSES: The following license was both approved and issued Dal-Rae's High Country Inn- Tavern- Red Feather Lakes, CO.

Motion carried 3 - 0.

7. DISCUSSION OF WEST NILE VIRUS RESPONSE: Dr. LeBailly stated that it is anticipated that current larva will hatch during August and September and humans stand a greater chance of contracting the virus during that timeframe. Dr. LeBailly stated that she is recommending to the Cities of Loveland and Fort Collins that larvaciding take place within the next couple of weeks to prevent hatching. The County, Dr. LeBailly continued, will concentrate on Urban Catch Basins (approximately 200 County wide) for treatment at an approximate cost of $800. The Board concurred with the treatment plan but Chair Bender expressed concern with the effectiveness if the City of Fort Collins is against treatment.

8. WORK SESSION: Mr. Gluckman requested approval of the resolution declaring a Fire Ban in Larimer County.

MOTION

Commissioner Gibson moved that the Board of County Commissioner approve a resolution declaring an Open Fire Ban in Larimer County.

Motion carried 3 - 0.

Commissioner Gibson requested future discussions to amend the County Ordinance regarding Fire Bans to address welding and clarifying to whom a citizen can request a waiver of such ban.

Mr. Gluckman reviewed agenda items with the Board for their meetings next week with the Weld County Commissioners and the Loveland City Council.

Mr. Gluckman clarified that Chair Bender would be attending a meeting in Denver with Ginny Riley; Chair Bender acknowledged such.

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

  1. LEGAL MATTERS:

EXECUTIVE SESSION (No Affidavit Provided)

MOTION

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

Motion carried 3 - 0.

Executive session ended at 10:40 a.m.; no action was taken.

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

WEDNESDAY, JULY 23, 2003

SPECIAL MEETING

of the

BOARD OF EQUALIZATION

(No Audio Available)

The Board of Equalization met at 2:45 p.m.; Chair Bender presided and Members Gibson and Rennels were present. Also present were Kay May and Gael Cookman, Clerk's Office; and Dawn Stroh, Recording Clerk.

Ms. Cookman requested the Board approve the recommendations by the appointed referees acting on behalf of the Board of Equalization for the period of July 22, 2003

MOTION

Commissioner Rennels moved that the Board of Equalization approve the recommendations of the appointed referees for the period of July 22, 2003.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 2:50 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

_______________________________

Dawn Stroh, Deputy Clerk

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