MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, September 1, 2003

There were no Land Use Hearings this date.

TUESDAY, SEPTEMBER 2, 2003

ADMINISTRATIVE MATTERS

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Marc Engemoen and Mark Peterson, Engineering Department; Deni La Rue, Commissioner's Office; Tom Garton, Building Department; Al Kadera, Planning Department; Gary Buffington, K-Lynn Cameron, Jerry White and Charlie Johnson, Parks and Open Lands; Dawn Stroh, Clerk's Office; and Jean M. O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: Mr. Dick Dunn and Dr. Maury Albertson addressed the Board regarding the Truck By-pass and a potential resolution to get the project "off center".
  2. Mr. Glen Worth addressed the Board regarding a new storage building at Inlet Bay Marina and the possibility of streamlining or expediting the review process. Since the land is owned by the County, Commissioner Rennels noted, it would be inappropriate to streamline a project and that perception by the general public may not be favorable.

  3. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 25, 2003:

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of August 25, 2003 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULES FOR THE WEEKS OF SEPTEMBER 8 AND 15, 2003: Mr. Lancaster reviewed the schedules with the Board.

4. CONSENT AGENDA:

MOTION

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

09022003R001 FINDINGS AND RESOLUTION APPROVING THE RELEASE OF WARRANTY COLLATERAL OF THE GRAYBILL PLANNED UNIT DEVELOPMENT

09022003R002 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF OVERLAND PONDS

09022003R003 RELEASE OF COLLATERAL FOR SWIFT ADDITION AT FOSSIL LAKE.

Motion carried 3 - 0.

5. WORK SESSION: Mr. Lancaster informed the Board that spraying for West Nile Virus is going well.

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

7. CONSIDERATION OF INTERGOVERNMENTAL AGREEMENT (IGA) WITH NORTH FRONT RANGE METROPOLITAN PLANNING ORGANIZATION (NFRMPO): Mr. Engemoen stated that northern Colorado municipalities are required to participate in regional transportation planning if any project funding is to be accessable from the State or Federal Governments. In the past, Mr. Engemoen continued, the City of Fort Collins has fronted all expenses for NFRMPO and then been reimbursed by the appropriate entity. After much discussion, the NFRMPO has determined that all municipalities should contribute to a "pool" for expenses and then apply for reimbursement. Mr. Engemoen stated that Weld and Larimer Counties are being asked to contribute $150,000 to the pool and noted that the funds would come from the current Road and Bridge reserves. Mr. Engemoen informed the Board of an email from a citizen who is adamantly against using taxpayer dollars for a "loan" to fund a bureaucracy for useless transportation ideas.

Commissioner Rennels stated that the risk is minimal since reimbursement comes from the State or Federal Governments and that the IGA, as proposed, allows for a 90-day notice of demand for payment. Mr. Engemoen clarified that the $150,000 would be allocated from "reserve" funds and that there would be no impact on Road and Bridge projects.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the IGA with the North Front Range Metropolitan Planning Organization for a loan of $150,000.

Motion carried 3 - 0.

09022003A001 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL TO PROVIDE AN ADVANCE OF FUNDS

  1. LEGAL MATTERS: None

There being no further business, the meeting adjourned at 10:15 a.m.

The Board of County Commissioners reconvened at 10:45 a.m. for an executive session.

MOTION

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 10:45 a.m. and cited 24-6-402 (4)(a) C.R.S.

Motion carried 3 - 0.

Executive session ended at 11:30 a.m.; no action was taken.

LAND USE HEARING

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Karin Knauf, David Karan, Matt Lafferty, Geniphyr Ponce-Pore, and Claudia DeLude, Planning Department; Roxann Hayes and Traci Downs, Engineering Department; Doug Ryan, Health Department; George Hass, County Attorney; Dawn Stroh, Clerk's Office; and Jean M. O'Connor, Recording Clerk.

Chair Bender noted that there is a request for items #1 Bee Minor Land Division and #2 Weber Minor Land Division, to be tabled to September 22, 2003 at 3:00 p.m.

MOTION

Commissioner Rennels moved that the Board of County Commissioners table the Bee Minor Land Division and the Weber Minor Land Division to September 22, 2003 at 3:00 p.m. as requested.

Motion carried 3 - 0.

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

3. FIELD TRIAL GAMEBIRDS SPECIAL REVIEW: SOUTHWEST 1/4 OF SECTION 01, TOWNSHIP 8N, RANGE 68W; LOCATED ON THE NORTH SIDE OF COUNTY ROAD 60, EAST OF COUNTY ROAD 3 AT 6204 EAST COUNTY ROAD 60

This is a request for Special Review approval to operate a commercial poultry (game bird) farm on a 10-acre parcel with an existing residence. The site is currently used to raise some gamebirds. Also, a Change of Condition to allow a commercial poultry farm on the M.R.D. lot. Staff recommendation is approval with the following conditions 1. Operation of the Field Trial Gamebirds Special Review shall be as specified in the representations of the applicant and in the information contained in file #01-Z1408 unless modified by conditions of approval; 2. The plans submitted by the applicant constitute a Site Specific Development Plan. All proposed improvements shall be constructed in strict compliance with these approved plans and shall be consistent with the information contained in the file #01-Z1408; 3. Prior to operation or construction the applicant shall execute a Final Development Agreement for approval by the County to be recorded with the Findings and Resolution of the County Commissioners. The Development Agreement shall specify details of the project; 4. The following fee shall be collected prior to recording the Development Agreement for the project: Larimer County fees for County and Regional Transportation. The fee amount that is current at the time of recordation shall apply; 5. Building permits are required for new structures associated with the proposal, including one for the existing sign. An application for a building permit for the existing sign shall be submitted within 180 days of approval; 6. All structures and improvements shall be located outside the 100 foot buffer area from the delineated wetland; 7. The applicant shall obtain an access permit from the Larimer County Engineering Department due to the change in use of the existing access; 8. The applicant shall make the technical corrects to the Drainage Plan and Report as outlined in the memo from Traci Downs, Engineering Department, dated January 31, 2003; 9. The commercial poultry (game bird) farm shall comply with applicable county, state or federal standards and regulations at all times, including Ordinance No. 97-03: Ordinance Concerning Noise Levels in Unincorporated Larimer County; 10. Failure to comply with the conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.

4. HOST MINOR LAND DIVISION: SOUTHEAST 1/4 SECTION 34 OF TOWNSHIP 9 N, RANGE 69 W; APPROXIMATELY 3/4 MILE WEST OF C.R. 21 AND 1/2 MILE NORTH OF C. R. 60 E

This is a request for approval of a Minor Land Division to adjust the boundary between two 35+-acre parcels. One resulting lot will be less than 35 acres. Staff recommendation is approval with the following conditions 1. The designation of "County Rd 60" must be corrected to read as "County Rd. 60E"; 2. All comments on Dale Greer's 8/2/03 letter are addressed to the Engineering Department's satisfaction including items # 1, 2, 4, 6, 7. For item # 7, a copy of Land Survey Plat #95043983 must be provided to Planning Department Staff; 3. The provisions of the recorded Road Maintenance Agreement (reception # 94018286) will follow with the land.

5. BISHOP MINOR LAND DIVISION: NORTHWEST 1/4 SECTION 12 OF TOWNSHIP 7 N, RANGE 68 W; APPROXIMATELY 3/4 MILE WEST OF C.R. 21 AND 1/2 MILE NORTH OF C. R. 60E

This is a request for approval of a Minor Land Division to create 2 lots from a 20-acre parcel. Two existing residences would be separated. Staff recommendation is approval with the following conditions 1. A 40' shared access easement is platted; 2. A shared access maintenance agreement must be approved by the County Engineering and Planning Departments and recorded with the plat; 3. The shared access is labeled as "Guinea Hill Road" on the plat before recording. The lots must be readdressed with a Guinea Hill Road address; 4. The mylar must s accurately plat Lot 2 with at least a 25 foot setback from all buildings or a setback variance must be approved by the Board of Adjustment; 5. Evidence demonstrating that no Poudre Valley REA overhead or underground utility lines exist including a facility locate. Alternately, an easement must be platted showing 10 foot on both sides of any existing facilities.

6. SECOND SUPPLEMENT MAP OF THE IRONWOOD PLAZA CONDOMINIUM: NW 1/4 OF 16-07-68; LOCATED ON THE SOUTHEAST CORNER OF DAWN AVENUE AND HIGHWAY 14

This is a request for the Second Supplemental Map to the Ironwood Plaza Condominiums to create a total of 24 condominium units. To amend the First Condominium Map. Staff findings include 1. The proposed Second Supplemental Map to the Ironwood Plaza Condominiums and declarations are in compliance with the Larimer County Master Plan and Land Use Code; 2. The Second Supplemental Map to the Ironwood Plaza Condominiums is compatible with the other development in the surrounding area; 3. Approval of the Second Supplemental Map to the Ironwood Plaza Condominiums will not result in any significant impacts to the neighboring properties, the natural environment, of the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by the approval of the Second Supplemental Map to the Ironwood Plaza Condominiums; 5. Maintenance of the buildings, parking lots, landscaping and other common areas will be the responsibility of the property owners association, pursuant to the Condominium Declaration and By-laws of the Ironwood Plaza Condominium Association. Staff recommendation is approval and authorize the Chair to sign the plat upon presentation.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as presented and outlined above and authorize the Chair to sign the plat for Ironwood Plaza Condominiums 2nd Supplement.

Motion carried 3 - 0.

7. LUBIN ZONING VIOLATION: 13118 N. COUNTY ROAD 9

Ms. DeLude stated that the Board of Adjustment had approved a temporary 2nd dwelling unit based on medical hardship. However, the hardship has ceased, the modular is on a permanent foundation, a porch has been added and a pitch roof. Ms. DeLude further noted that there are several other structures in violation on the parcel. This item, Ms. DeLude continued, was tabled on August 4, 2003 because the Lubin's attorney requested additional time to submit a permit application, however to date, no application has been received.

Commissioner Rennels suggested a letter be sent to the Lubins explaining the land division processes available after the other building violations have been cured.

MOTION

Commissioner Rennels moved that the Board of County Commissioners find a violation exists and require compliance within 60 days. Compliance would require that the structure be removed or an application for a variance be submitted requesting a second dwelling unit. Compliance would also require that all building permit issues must be resolved. Authorize legal action if the deadline is not met.

Motion carried 3 - 0.

8. RESLEY/KOERT ZONING VIOLATION: 4267 WEST COUNTY ROAD 4

Ms. DeLude stated that she had met with the property owners prior to this hearing and they have completed an application for special review, which they will submit after the hearing. The main complaint, Ms. DeLude continued, is the dogs barking at early and late hours.

Ms. Joyce Resley stated that she is not just a rescue facility for Schipperke dogs, they also raise and show the dogs. Commissioner Rennels asked the number of dogs currently on site and Ms. Resley stated 10 - 12 dogs.

Ms. Ruth Busey stated that she and her sister bought the property because the house was located at the back of the lot and away from adjacent properties. Ms. Busey stated that complaints started when an adjacent property owner subdivided his property and located a driveway adjacent to the dog area, which causes them to bark.

Ms. Charlotte Armstrong expressed concern to Commissioner Gibson in April 2002 and stated that the noise travels across the street. The dogs, Ms. Armstrong continued are let outside twice a day and the dogs make a "blood curdling" noise, not a bark. Ms. Armstrong stated that the violation exists now and has existed for the past 8-years.

Mr. Randy Orr stated that he has been complaining about the dogs and the noise level is intolerable. Mr. Orr stated that he has lived in his home for 7.5-years and was present when a previous kennel application was denied. Mr. Orr read statements from other neighbors complaining of the shrill and piercing barks from the dogs.

Ms. Busey acknowledged that the dogs bark when let outside and stated that she is considering the installation of a solid fence to help mitigate the noise. Commissioner Rennels asked if Ms. Busey had researched permitted uses of the property prior to purchasing it and Ms. Busey stated that the realtor told them that animals were permitted, so they thought the dogs were OK. Ms. Busey stated that she wished the neighbors had notified them before now and that they never intended to be bad neighbors.

MOTION

Commissioner Gibson moved that the Board of County Commissioners find a violation exists and require compliance within 60 days. Compliance would require the kennel use cease or a Special Review application for a kennel be submitted. Authorize legal action if the deadline is not met.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned at 3:50 p.m.

THURSDAY, SEPTEMBER 4, 2003

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Bender presided and Commissioner Gibson was present. Also present were Dawn Stroh, Clerk's Office and Jean M. O'Connor, Clerk to the Board.

Mr. Lancaster stated that the Sheriff's office is recommending the fire ban for unincorporated Larimer County be lifted effective immediately and requested the Board's approval.

MOTION

Commissioner Gibson moved that the Board of County Commissioners lift the fire ban for unincorporated Larimer County effective immediately.

Motion carried 2 - 0.

There being no further business, the meeting adjourned at 9:35 a.m.

____________________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

S E A L

(A T T E S T)

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Jean M. O'Connor, Clerk to the Board