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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, November 24, 2003

LAND USE HEARING

(#205, 206 & 207)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Matt Lafferty and Karin Knauf, Planning Department; Jeannine Haag, Assistant County Attorney; Doug Ryan, Health Department; Christie Coleman, Engineering Department; and Jean M. O'Connor, Clerk to the Board.

1. MOSER SUBDIVISION GENERAL DEVELOPMENT PLAN (GDP): SW 1/4 OF SECTION 29 - TOWNSHIP 4 NORTH - RANGE 69 WEST; MORE SPECIFICALLY SITUATED ON THE NORTH SIDE OF COUNTY ROAD 4, APPROXIMATELY 1/2 MILE EAST OF COUNTY ROAD 23E

This is a request for a General Development Plan (GDP) to consider the division of a 10 acre parcel into three (3) residential lots. The request also includes an appeal to Section 8.14.2.M (Connectivity) of the Larimer County Land Use Code. Currently, one existing residential use exists on the property. Staff recommendation is to deny the Moser General Development Plan and appeals associated with the application.

Mr. Lafferty briefed the Board on the proposal and noted that the appeal for connectivity is the main issue. Mr. Lafferty provided four staff proposed alternatives to provide connectivity and stated the applicant is also requesting that the 60-foot right-of-way width be reduced.

Chair Bender noted that the applicant is not present.

Mr. Phil West, Kent Estates resident, stated that he opposes any additional access points relative to Kent Estates. Mr. George Hoffman concurred and noted that several culverts would be necessary depending on which alternative is approved.

Mr. Peter Bridgman, Kent Estates resident, also opposes additional access points connected to Meining Road and that he does not want Larimer County destroying his way of life because of a connectivity requirement. Meining Road, Mr. Bridgman continued, is a quiet, dirt cul-de-sac, which services the residents only. If the County must connect to Meining Road, then Mr. Bridgman proposed a "breakaway gate" for the secondary emergency access.

Mr. Carley asked if the applicant could propose a "fire lane" instead of a road in an effort to maintain the current atmosphere of Kent Estates. Meining Road is a quiet and safe place for children to play and ride their horses.

Ms. Charlotte Armstron stated that she had tried to divide her property into three lots and was told she needed a second access so she only divided it into two lots.

Mr. David Harris noted that he agrees with previous statements and stated that increased traffic would not be beneficial to current residents.

Mr. Hoffman stated that if connectivity points to Meining Road were previously approved and recorded with other developments, why weren't the improvements made before and Mr. Lafferty stated that he did not know.

Ms. Barbara Bridgman read a statement prepared by Mr. Bill Aspen, which concurred with previous statements and noted that the residents of Meining Road have lived there 25-years or more.

There being no further comments, the hearing was closed to the public.

Mr. Lafferty addressed the increased traffic issue noting that area residents would not cut through Kent Estates just to get from one County Road to another. Culverts- this issue would be addressed by Engineering staff if those connectivity points were approved. The staff proposed alternatives are not new, they have been platted roads for years. As for the breakaway gate, Mr. Lafferty stated that this is a publicly dedicated right-of-way and would need to be vacated if a gate is approved.

Commissioner Gibson stated that connectivity is really not necessary with this application and that the 600-foot cul-de-sac is appropriate at the required width.

Chair Bender expressed concern for the undeveloped larger lots in the area and stated that connectivity is necessary for potential future development of those lots. Commissioner Rennels concurred.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Moser Subdivision General Development Plan as proposed including the appeals to Section 8.14.2.F and M but require the 60-foot cul-de-sac width.

Motion failed 1 - 2 with Chair Bender and Commissioner Rennels dissenting.

Mr. Helmick requested direction from the Board to the applicant and Commissioner Rennels stated that the applicant should be proposing alternatives not staff.

2. CREATURE COMFORTS KENNEL SPECIAL REVIEW: NORTHEAST 1/4 OF SECTION 19, TOWNSHIP 5N, RANGE 69W; LOCATED ON THE EAST SIDE OF COUNTY ROAD 23E, APPROXIMATELY 1/3 MILE SOUTH OF COUNTY ROAD 20

This is a request for a Special Review to expand an existing non-conforming kennel, to include a dog daycare facility for 50 dogs in a new enclosed facility north of the existing kennel and an Appeal to Section 8.6 Off-Road Parking Standards to allow for a parking area of recycled asphalt. Staff recommendation is to deny the Creature Comforts Kennel Special Review and the associated appeal.

Ms. Knauf stated that the main issue with this proposal is noise at the existing kennel. Mr. Ryan explained the County's Noise Ordinance and that he had visited the site several times. Mr. Ryan also noted the applicant has installed noise mitigation devises, but neighbors still believe it is too noisy.

Mr. Rick Zier, representative for the applicant, stated that the proposal before the Board is for a dog daycare in an insulated facility and that the dogs would remain inside except to relieve themselves. Mr. Zier further noted that animals from the existing kennel facility would also be at the day care center during the day, which would reduce noise. Mr. Zier requested the Board consider only the request before them and not the existing kennel.

Mr. Zier stated the current owner has received only one complaint since she purchased the kennel and has made numerous efforts to mitigate noise. Mr. Zier provided a history of the applicant's noise mitigation efforts as well as tactics against the applicant by a few neighbors. Mr. Zier further noted that once the applicant notified the neighbors of the intent to apply for a dog daycare facility, complaints to the Sheriff's office intensified resulting in the applicant receiving four citations and the matter is currently pending trial.

Mr. Matt Delich stated that he performed a traffic study and impacts would be minimal. Mr. Jeff Geier stated that he performed a noise study before and after noise mitigation efforts and that the end result was a low of 38 dB(A) and a high of 48 dB(A); lower than the County ordinance requirement levels.

Mr. Zier stated the area is still somewhat rural and that the kennel existed prior to development. The proposed use is accessory to the existing use and is compatible to the area.

Chair Bender asked for clarification as to whether the Board is to consider only the new facility and Mr. Helmick stated that the entire site must be considered since the proposal is accessory to the existing use.

Mr. Tim Goddard, representative for the Boudreauxs family, stated that the proposal and the existing kennel should be considered as one use and that the noise problems have been ongoing for years. Mr. Goddard further noted that, in accordance with the County Land Use Code, the expansion of a non-comforming use requires that use to come into compliance with regulations. Mr. Goddard stated that the ongoing barking from the kennel has subjected his client to stress and health problems and continues to interfere with their right to enjoy their home, both indoors and out.

Mr. Bill Kaufman, representative for the Rano family, requested the Board uphold the Planning Commission recommendation for denial and noted the proposal does not meet the criteria for a Special Review. Mr. Kaufman stated that the current kennel is in violation of the "subjective" standard of the County Noise Ordinance and provided the Board with an article from the Reporter Herald showing additional development pending in the area. Mr. Kaufman requested the Board deny the proposal and force the applicant to deal with current problems.

Ms. Marcia Rano concurred with previous statements and stated that when she built her home 25-years ago, she was told the kennel could not expand; however it has increase twice already. Ms. Rano expressed concern with traffic impacts and noted the impacts would be all at the same time, drop-off and pick-up times.

Ms. Eloise Boudreaux stated that she has been complaining since 1985 and requested to play an audio tape of the dogs barking.

Mr. Russ Greenstreet also agreed with previous statements and stated he preferred to live next to a gravel pit, noting that at least a pit would have regular hours.

Mr. Doug Turner stated that he lets his dogs out at about 9:00 p.m. and the dogs at the kennel are still barking. Mr. Turner suggested the kennel runs be covered to mitigate noise.

Mr. Boudreaux stated that he is unable to rest in his home and that he has the right to voice opposition to the noise. Mr. Boudreaux clarified that he has not harassed the applicant in any way.

Mr. Richard Tscheschke stated that his residence is adjacent to the kennel and he does not hear the dogs and that the applicant is being unfairly railroaded.

Ms. Becky Jay stated that she wonders what dogs' residents are hearing and noted that she hears the kennel dogs occasionally but that the neighbor's dogs are heard more often and more consistently. Ms. Jay stated that since the area is rural, wildlife also causes the dogs to bark.

Ms. Pam Howard stated that she supports Creature Comforts and noted that they are exemplary neighbors and have tried endlessly to appease the neighbors. Ms. Howard stated that she believes the neighborhood dogs are the real problem. The proposal is for an enclosed daycare facility, Ms. Howard continued, and that there would be no impact to residents and that the daycare facility would provide a much needed service.

Ms. Christie Berkness stated that she has been an area resident since 1972 and that the original design from 1968 included plans for expansion of the kennel. Ms. Berkness stated that she walked her dog this afternoon at noon and only one dog from the kennel barked, the remainder were neighborhood dogs. Ms. Berkness further noted that the applicant has done an outstanding job mitigating noise and she supports the proposal.

The following citizens concurred with previous statements supporting the proposal noting that the neighborhood dogs are more of a nuisance then the dogs at the kennel: Ms. K-Lynn Tscheschke, Mr. John Jay, Ms. Sherry Zeller, Ms. Virginia Tscheschke, and Mr. Tim Murphy.

Mr. Zier stated that the applicant, at the suggestion of staff, has proceeded through the Special Review process, which includes a more in-depth review, but could have made application to the Board of Adjustment.

Mr. Zier stated that residents have encroached into the area; the applicant has reasonably tried to satisfy neighbors with the exception of enclosing the existing kennel runs; and that the existing kennel is not the proposal before the Board. Mr. Zier requested the Board approve the application with reasonable conditions as proposed by staff to the Planning Commission.

Mr. Helmick clarified that the Board of Adjustment could not hear the proposal because the use falls under the criteria for a Special Review.

Commissioner Gibson asked if the item should be tabled pending the outcome of the judicial proceeding and Ms. Haag stated that is the prerogative of the Board.

Chair Bender stated that he believes discomfort is being experienced in the neighborhood but is unsure that the blame can be placed on the kennel. Chair Bender stated that he believes the kennel meets Special Review requirements, but that he doesn't believe in expanding a non-comforming use.

Commissioner Rennels clarified that the kennel initially was legal but that the County changed zoning requirements, which made it a non-comforming use. Commissioner Rennels also expressed concern with the expansion and the potential of increasing the noise problems.

Commissioner Gibson stated that the daycare facility would not adversely affect the neighborhood and should be approved. Commissioner Rennels noted that the Board's action could be precedent setting if a problematic non-conforming use were approved.

MOTION

Commissioner Rennels moved that the Board of County Commissioners deny the Creature Comfort Pet Retreat Special Review.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 10:45 p.m.

TUESDAY, NOVEMBER 25, 2003

ADMINISTRATIVE MATTERS

(#208)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Gary Buffington, K-Lynn Cameron and Jerry White, Parks & Open Lands Department; Dave Spencer, Facilities Department; Candace Phippen, Russ Legg, Larry Timm and Claudia DeLude, Planning Department; Donna Hart, Deni La Rue, Frank Lancaster and Melinda Keen, Commissioner's Office; Marc Engemoen, Public Works Director; Jeannine Haag and David Ayraud, County Attorney's Office; and Jean M. O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 17, 2003:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of November, 17, 2003 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEKS OF DECEMBER 1 AND 8, 2003: Ms. Hart reviewed the schedules with the Board.

4. CONSENT AGENDA:

MOTION

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

11252003A001 AMENDMENTS TO THE DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JUDY KAY DEVORE AND MARVIN GENE DEVORE FOR BIG BUCK RIDGE PLANNED DEVELOPMENT

11252003A002 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HAROLD D AND DALE L WOLAVER FOR LOWER BUCKHORN CANYON SUBDIVISION

11252003A003 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, FORT COLLINS POLICE SERVICES, LARIMER COUNTY SHERIFF'S DEPARTMENT, LOVELAND POLICE DEPARTMENT, COLORADO STATE UNIVERSITY POLICE DEPARTMENT AND THE LARIMER COUNTY DISTRICT ATTORNEY'S OFFICE FOR DRUG TASK FORCE OPERATIONS

11252003R001 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR LOWER BUCKHORN CANYON SUBDIVISION

MISCELLANEOUS: Department of Human Services Payments for October 2003; National Emergency Grant 2nd year funding for Employment and Training Services to workers laid off as a result of September 11, 2001; Declaration of Use Restriction to satisfy one of the conditions of approval for a Flood Plain Special Review that was approved by the Board of County Commissioners on September 16, 2002; Comment letter to Great Outdoors Colorado regarding "Benefiting the Health of Forest and Rangelands"; Support letter to Great Outdoors Colorado regarding Bonding Criteria; Final Plat for Lower Buckhorn Canyon Subdivision; and Criminal Justice Task Force Grant application.

LIQUOR LICENSES: The following license was approved and issued Masonville Store- 3.2%- Masonville, CO. The following temporary license was issued El Chubasco- Hotel & Restaurant- Fort Collins, CO.

Motion carried 3 - 0.

  1. LEGAL MATTERS

EXECUTIVE SESSION (#210)

MOTION

Commissioner Rennels moved that the Board of County Commissioners go into executive session at 9:40 a.m. and cited 24-6-402 (4)(e).

Motion carried 3 - 0.

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

EXECUTIVE SESSION (#209)

MOTION

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 10:15 a.m. and cited 24-6-402 (4)(f).

Motion carried 3 - 0.

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

6. TAX LIEN ORDER AND ASSESSMENT: Ms. DeLude stated that the Court had ordered a "clean-up" and authorization for the County Treasurer to mail the property owner a bill for approximately $9,000 and requested the Board authorize a tax lien for the parcel.

MOTION

Commissioner Gibson moved that the Board of County Commissioners authorize the Treasurer to mail a bill and place a tax lien on the property as well as authorize the Chair to sign the Order and Assessment form.

Motion carried 3 - 0.

7. RECOGNITION OF STAFF: Mr. Spencer requested the Board approve the proposed bonuses for facility staff for extraordinary service during the commissioning of and moving into new County facilities during 2003.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve staff bonuses as proposed for extraordinary service.

Motion carried 3 - 0.

8. WORK SESSION: Mr. Spencer requested the Board authorize the immediate hiring of a Building Maintenance II limited term worker with benefits for one-year due to a current employee being out with long term medical needs and another in need of additional surgery.

MOTION

Commissioner Rennels moved that the Board of County Commissioners authorize a Building Maintenance II limited term position with benefits for one-year and authorize the Chair to sign the personnel request form.

Motion carried 3 - 0.

9. BOARD AND COMMISSION APPOINTEES: As previously discussed, Ms. Keen requested the Board approve the proposed re-appointments and appointments to the Fair Board, which will result in an increased number of members on that Board for one-year.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the following re-appointments and appointments to the Fair Board (* denotes waiver of term limit) *Edward Aitken, *Gary Hausman, *Rod Johnson, and *Jerry Yoder- one-year terms commencing December 1, 2003 and expiring November 30, 2004; Pamela Osborn, Merry Perry, Robert Scott, Lorna Spear, and Michael Woodruff- three-year terms commencing December 1, 2003 and expiring November 30, 2006.

Motion carried 3 - 0.

10. BEE-WEBER CONSERVATION EASEMENT, STREAM RESTORATION EASEMENT AND TRAIL EASEMENT: Ms. Cameron stated that the Bee-Weber property has been identified as being in the "highest priority area" and the Open Lands Advisory Board is recommending approval. The Bee-Weber property is irrigated agricultural land along the I-25 corridor in the Wellington area. Mr. White stated that the conservation easement is a partnership with Colorado State University who will purchase the underlying land, which would be added to their existing research acreage. Potentially, Mr. White continued, the City of Fort Collins may also be a part of the acquisition.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve $626, 838 for the acquisition of the Bee-Weber Conservation Easement, Stream Restoration Easement and Trail Easement, and sign the Bee Conservation Easement, the Weber Conservation Easement, and the Resolution for the acquisition of the Bee-Weber Conservation Easement.

Motion carried 3 - 0.

11252003D001 DEED OF CONSERVATION EASEMENT BY DAVID C AND LILIA V WEBER IN FAVOR OF LARIMER COUNTY

11252003D002 DEED OF CONSERVATION EASEMENT BY BEE'S INCORPORATED IN FAVOR OF LARIMER COUNTY

11252003R001 RESOLUTION FOR ACQUISITION OF THE WEBER CONSERVATION EASEMENT PROPERTY BY LARIMER COUNTY FROM DAVID C AND LILIA V WEBER

11252003R002 RESOLUTION FOR THE ACQUISITION OF THE BEE CONSERVATION EASEMENT PROPERTY BY LARIMER COUNTY FROM BEE'S INCORPORATED

At this time, Commissioner Rennels excused herself due to another commitment.

11. WORK SESSION (cont.): Mr. Gluckman provided the Board with an update regarding the Strategic Planning process and noted that employee participation has been tremendous.

12. COMMISSIONER REPORTS: The Board noted their attendance at events the previous week.

13. LEGAL MATTERS: Ms. Phippen requested the Board authorize legal action against the Burton family due to a Building Code violation and noted that the family is residing in the home with small children and that no certificate of occupancy has been issued.

MOTION

Commissioner Gibson moved that the Board of County Commissioners authorize legal action against Mark and Amber Burton for a Building Code violation.

Motion carried 2 - 0.

Mr. Timm stated that the Intergovernmental Agreement with the City of Loveland has progressed but that there is no agreement with Johnstown and requested direction to proceed from the Board. Consensus of the Board is to move forward and schedule a public hearing and notify Johnstown of the date.

Mr. Gluckman stated that an application has been filed with the PUC by the City of Loveland to expand their calling area to include Greeley as a local call and asked if the Board was interested being a "party of interest".

MOTION

Commissioner Gibson moved that the Board of County Commissioners direct the County Attorney to prepare and file a motion to intervene to become a party of interest in the PUC application of Loveland to expand the calling area of North Colorado Docket #01A-496T.

Motion carried 2 - 0.

There being no further business, the meeting adjourned at 11:35 a.m.

____________________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

____________________________________

Jean M. O'Connor, Clerk to the Board

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