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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, February 23, 2004

LAND USE HEARING

(#15)

The Board of County Commissioners met at 3:00 P.M., with Al Kadera, Senior Planner; Chair Rennels presided and Commissioners Gibson and Bender were present. Also present were Claudia DeLude and Jill Bennett, Planning Department; Jeannine Haag, Assistant County Attorney; Jean O'Connor, Clerk to the Board and Dawn Stroh, Recording Clerk.

Ms. DeLude requested that items #2 - William Zoning Violation and #5 - Brueckner Zoning Violation be removed from the agenda and noted that the properties have come into compliance.

MOTION

Commissioner Gibson moved that the Board of County Commissioners withdraw item #2 and item #3 from the agenda.

Motion carried 3-0.

  1. LAND USE CODE AMENDMENTS 03-S2092

This is a request to change Section 5.2.2 and to add Subsection F to Section 8.9.1, and to change the classification of a section of County Road 19 in the LaPorte Plan area. Staff recommendation is 1) Amend the Land Use Code, Sec. 5.2.2 as follows; Any land division in a GMA district or in the LaPorte Plan area must be divided as a Planned Land Division, except those parcels that meet the review criteria for a Minor Land Division or are in conformance with Sec. 5.8, Rural Land Use process. A land division in the LaPorte Plan area must be divided as a Planned Land Division if a rezoning to PD-Planned Development occurs; 2) Amend the Land Use Code by adding subsection F. to Sec. 8.9.1. The actual text for subsection F. would be located in a separate document from the Land Use Code, titled Supplementary Engineering Regulations for the LaPorte Plan Area. Sec. 8.9.1 Supplementary Engineering Regulations, F. LaPorte Plan Area Access Control and Roadway Design; 1) Access control and traffic circulation; a) New land divisions and/or Site Plans must be designed and constructed to implement the access control and traffic circulation plan as shown on the LaPorte Area Plan Future Transportation Improvements Map; b) Land divisions and/or Site Plans pertaining to those properties affected by said access control and traffic circulation plan must be designed such that access from County Road 54G or Taft Hill Road takes place only in the locations shown on the LaPorte Area Plan Future Transportation Improvements Map. The exact location of the access points along County Road 54G or Taft Hill Road and the right-of-way for said access points shall be determined by the County Engineer based upon the access control and traffic circulation plan. For those properties where it is not physically feasible to take access according to the plan, the County may allow an alternate temporary access point(s) as approved by the County Engineer until such time as access per the plan is physically feasible; c) At the time of final plat or Site Plan approval, for those properties affected by said access control and traffic circulation plan shown on the LaPorte Area Plan Future Transportation Improvements Map, public right-of-way for traffic circulation must be dedicated in a final configuration that considers the Map, the final plat or Site Plan for adjacent sites, the topography, drainage, floodplains and/or other physical characteristics of the area, and is approved by the County Engineer; d ) Streets, roads, intersections, turning lanes, or other physical improvements included in the design of new development affected by said access control and traffic circulation plan must be constructed at the time of development or, at the County's discretion, a fee-in-lieu must be paid to the County; 2) Roadway Design; Street and road improvements shall be designed in accordance with the typical sections contained in the LaPorte Area Plan and detailed below; a) Rural Arterial Typical Section; b.) Urban Arterial Typical Section; c) Collector Typical Section; d) Local Residential Street Typical Section. Functional Road Classification Map Change; Amend the Functional Road Classification Map to reflect a change in classification of County Rd. 19 (Taft Hill Rd.) from County Rd. 54G to Hwy. 287 (LaPorte Bypass) from minor collector to major collector.

Ms. Bennett reviewed the amendments to the Land Use Code with the Board.

Chair Rennels stated that there is no public present to comment on the issue.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the Land Use Code Amendments as presented and outlined above.

Motion carried 3-0.

3. LAFFERTY ZONING VIOLATION 03-ZV0199: 4105 SCILLA PLACE

This is an alleged violation of outside storage of a junk vehicle in the R-Residential Zoning District. The staff finds that 1) The property is zoned R-Residential; 2) The single family residence is in a platted subdivision (re-plat of Marianna Park); 3) The R-Residential Zoning District does not permit outdoor storage of junk vehicles; 4) The continued use of the property is in violation of the zoning regulations, and will affect property values in the area; 5) The continued use of the property is in violation of the zoning regulations, and has affected the neighbor's ability to enjoy their own property. Staff recommendation is 1) Find that a violation exists; 2) Require compliance within 30 days. Compliance would require that all outdoor storage of junk vehicles be removed or that all vehicles be made licensed & operable; 3) Authorize legal action if the deadline is not met.

Ms. DeLude briefed the Board on the Lafferty Violation.

Chair Rennels stated that there is no public present to comment on this issue.

MOTION

Commissioner Gibson moved that the Board of County Commissioners find that a violation exists and require compliance within 30 days. Compliance would require that all outdoor storage of junk vehicles be removed or that all vehicles be made licensed & operable. Legal action is also authorized if the deadline is not met.

Motion carried 3-0.

4. JONES ZONING VIOLATION 03-ZV0171: 4102 SCILLA PLACE

This is an alleged violation of outside storage of a junk vehicle in the R-Residential Zoning District. The staff finds that 1) The continued use of the property is in violation of the zoning regulations, and will affect property values in the area; 2) The continued use of the property is in violation of the zoning regulations, and has affected the neighbor's ability to enjoy their own property. Staff recommendation is 1) Find that a violation exists; 2) Require compliance within 30 days. Compliance would require that all outdoor storage of junk vehicles be removed or that all vehicles be made licensed & operable; 3) Authorize legal action if the deadline is not met.

Ms. DeLude stated that the property owner has been in contact with the staff, but as of February 23, 2004, the violation still exists.

Chair Rennels stated that there is no public present to comment on this issue.

MOTION

Commissioner Bender moved that the Board of County Commissioners find that a violation exists and require compliance within 30 days. Compliance would require that all outdoor storage of junk vehicles be removed or that the vehicle is made licensed & operable. Legal action is also authorized if the deadline is not met

Motion carried 3-0.

6. ROBBS ZONING VIOLATION 03-ZV0092: 2117 W. COUNTY ROAD 38E

This is an alleged violation of outside storage, for a commercial business, which is not a permitted use in the R-Residential zoning district. The staff finds that 1) The property is zoned R-Residential; 2) There is outdoor storage of semi trailers and stairways, associated with a commercial modular home moving business; 3) All structures must meet minimum setbacks and have building permits if they are over 120 square feet in size; 4) The structures on site do not meet setbacks; 5) The R-Residential zoning district does not permit commercial outdoor storage; 6) The continued use of the property is in violation of the zoning regulations, and will affect property values in the area; 7) The continued use of the property is in violation of the zoning regulations, and has affected the neighbor's ability to enjoy their property. Staff recommendation is 1) Find that a violation exists; 2) Require compliance within 30 days. Compliance would require; a) That all commercial outdoor storage is removed from this parcel; b) The business use cease; c) The shed structures meet minimum setbacks and building permits are applied for if they are over 120 square feet in size; d) Authorize legal action if these deadlines are not met.

Ms. DeLude stated that Mr.Wayne Robbs, the owner, informed the staff that he had sold the property in August, therefore, the County would need to contact the new owners.

Commissioner Gibson inquired whether County records have been verified to show the transfer of ownership. Ms. DeLude stated that current County records show Mr. Robbs as the owner.

Chair Rennels stated that the Board could find that a violation exists under the current ownership, and re-address the issue if it is discovered ownership has changed.

Chair Rennels noted that there is no public present to comment on this issue.

MOTION

Commissioner Gibson moved that the Board of County Commissioners find that a violation exists and require compliance within 30 days. Compliance would require a) That all commercial outdoor storage is removed from this parcel, b) The business use cease; c) The shed structures meet minimum setbacks and building permits are applied for if they are over 120 square feet in size; d) Authorize legal action if these deadlines are not met.

Motion carried 3-0.

There being no further business, the hearing adjourned at 3:20 P.M.

TUESDAY, FEBRUARY 24, 2004

ADMINISTRATIVE MATTERS

(#16)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Deni La Rue, Neil Gluckman and Melinda Keen, Commissioners' Office; Marc Engemoen and Mark Peterson, Engineering Department; Ralph Jacobs and Pam Stultz, Human Resources; Sean Wheeler and Al Kadera, Planning Department; Jeannine Haag, County Attorneys' Office; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: Mr. Robert Vaughan and Ms. Melissa Cooner addressed the Board with concerns regarding storage of his vehicles on his property and issues raised by the Homeowners' Association. Mr. Vaughan also requested assistance regarding poor drainage on his property.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 16, 2004:

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of February 16, 2004 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 1, 2004: Mr. Lancaster reviewed the schedule 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:

02242004A001 AGREEMENT AMENDMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT FOR THE USE AND BENEFIT OF THE LARIMER COUNTY WORKFORCE CENTER

02242004A002 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE MARY C. HARVEY TRUST FOR THE HARVEY ROLLING HILLS PLANNED LAND DIVISION

02242004A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LARIMER COUNTY WORKFORCE CENTER FOR THE USE AND BENEFIT OF PROJECT SELF SUFFICIENCY

02242004R001 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR HARVEY ROLLING HILLS PLANNED LAND DIVISION

MISCELLANEOUS: Mummy Mountain Final Condominiums Map; Harvey Rolling Hills Planned Land Division Final Plat; and Letter of Support for Great Outdoors Colorado for Chimney Hollow Grant Application.

LIQUOR LICENSES: The following licenses were both issued and approved Columbine Lodge- 3.2%- Bellvue, Co and White Buffalo- Tavern- Loveland, CO.

Motion carried 3 - 0.

5. KIRTRIGHT EXEMPTION: Mr. Wheeler explained that the property in question is a meets and bounds parcel, which contains two homes and one well. Mr. Wheeler requested approval for the applicant to proceed through the MLD process to declare his property as an "exemption" thereby creating a plat of record for the two lots and the exemption would allow him to obtain a well permit from the State. Mr. Wheeler clarified that no new lots would be formed.

MOTION

Commissioner Bender moved that the Board of County Commissioners allow the applicant to proceed through the Minor Land Division process to create a 16-acre exemption lot.

Motion carried 3 - 0.

6. INSURANCE CARRIER CHANGE: Mr. Jacobs stated that the Voluntary Term Life and Accidental Death & Dismemberment Insurance policies were sent out for bid. Ms. Stultz stated that ING quoted a lower premium for employees as well as the benefit of keeping the insurance at the same rate after termination of employment with the County. Mr. Jacobs stated that staff is recommending the Board change the insurance carrier to ING.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve ING as the carrier for the Voluntary Term Life Insurance and Accidental Death and Dismemberment Insurance Plans.

Motion carried 3 - 0.

7. NORTH FRONT RANGE METROPOLITAN PLANNING ORGANIZATION (NFRMPO): Mr. Engemoen noted that previously the Board had approved $150,000 to the NFRMPO to be used as a financial float in order to operate independently from the City of Fort Collins. Mr. Engemoen clarified that the other municipalities also contributed to the fund. During an audit for the NFRMPO, the auditor has requested that the County provide a letter stating that they would not call the loan due prior to December 31, 2004.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve and authorize the Chair to sign a letter stating that the County does not expect repayment of the $150,000 cash advance to the MPO at any time prior to December 31, 2004.

Motion carried 3 - 0.

8. DISCUSSION ON CITIZEN CRIMINAL JUSTICE COMMITTEE: Mr. Lancaster discussed the Citizen Criminal Justice Committee and how to get the committee started as well as the scope of their work. Mr. Lancaster suggested members of the committee could be a representative from each municipality, Chamber of Commerce, etc. and noted that the committee should be organized prior to the arrival of the jail consultant in March. The Board concurred and suggested the Committee be no more than 12, unless once formed, the committee feels that the are "holes" requiring representation.

9. DISCUSSION OF PERIODIC REVIEW PROCESS FOR BOARDS AND COMMISSIONS: Ms. Keen stated that staff is recommending two changes to the review process 1. Change the review term to every four years and 2. Review all Boards including those required by statute. The Board concurred.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the changes to reviewing Boards as presented.

Motion carried 3 - 0.

  1. WORK SESSION: None

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

12. LEGAL MATTERS

EXECUTIVE SESSION (Affidavit provided)

MOTION

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

Motion carried 3 - 0.

Executive session ended at 11:05 a.m.; no action was taken.

Mr. Hass noted that Mr. John Fooks is hosting a table at the Boy Scout Dinner this year.

There being no further business, the meeting adjourned at 11:06 a.m.

__________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

________________________________ __________________________________

Dawn Stroh, Recording Clerk Jean M. O'Connor, Clerk to the Board

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