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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, SEPTEMBER 19, 2005

 

LAND USE HEARING

(#101)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principle Planner.  Chair Rennels presided and Commissioners Wagner and Gibson were present.  Also present were:  David Karan, and Matt Lafferty, Planning Department; Dave Shirk, Estes Park Planner; Traci Downs, Engineering Department; Doug Ryan, Environmental Health Department; Linda Connors, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Rennels opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics.   Chair Rennels explained that the following items are on consent and would not be discussed unless requested by the Board, staff, or members of the audience.   Robert Lorenz requested that Item #8, pertaining to the Laurelwood Planned Land Division/Planned Development, be pulled from the consent agenda.

 

1.  THUNDER MOUNTAIN AMENDED PLAT:  This is a request to combine two lots into a single lot.  The applicant should be aware that any future lot split will require full compliance with applicable zoning and subdivision regulations.  The current subdivision regulations would not allow proposed Lot 17A to be re-subdivided.  Staff recommends approval of the requested Thunder Mountain Amended Plat, subject to the conditions recommended by the Planning Commission as follows:

1.   The applicant is hereby notified that any future lot split will require full compliance with applicable zoning and subdivision regulations.  The current subdivision regulations would not allow proposed Lot 17A to be re-subdivided.

2.   This proposal complies with applicable sections of the Estes Valley Development Code.

3.   This request has been submitted to all applicable reviewing agency staff for consideration and comment.  No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services.

4.   Within thirty (30) days of the Board’s approval of the amended plat, the developer shall submit the final plat for recording.  If the amended plat is not submitted for recording within this thirty-day time period, the approval shall automatically lapse and be null and void.

2.  MARY'S LAKE ESTATES - BUILDING ENVELOPE CORRECTION:  This is a request to clarify the location of a platted building envelope.  The plat of Mary’s Lake Estates subdivision was approved by the Board of County Commissioners in 1996.  That plat included building envelopes; however, the building envelopes do not include any distances or directional bearings and are not tied to a property line.  Therefore, building envelopes “float” within platted lots.  In addition, this particular building envelope appears to be located over a large rock outcropping. 

The proposed building envelope location will meet required setbacks and will help to advance Limits of Disturbance standards set forth in Section 7.2 of the Estes Valley Development Code (protection of wetlands, rock outcroppings, trees).

The Estes Valley Development Code allows for staff to grant minor modifications to approved final plats.  However, as this building envelope was created through the public hearing process, staff felt this correction should also be subject to a public hearing and associated neighbor notification.

Staff recommends approval of the requested building envelope clarification for Lot 4, Mary’s Lake Estate’s Subdivision, subject to the conditions recommended by the Planning Commission as follows:

1.   This proposal complies with applicable sections of the Estes Valley Development Code.

2.  The proposed building envelope helps advance Limits of Disturbance standards set forth in Section 7.2 of the Estes Valley Development Code (protection of wetlands, rock outcroppings, trees).

3.  This request has been submitted to all applicable reviewing agency staff for consideration and comment.  No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services.

 

The Planning Commission voted unanimously to recommend approval of the proposed building envelope clarification for Lot 4, Mary’s Lake Estate’s Subdivision conditional to:

1)  Exhibit “A” shall be modified as follows:

a.   The format shall be 8.5” x 11”.

b.   The new building envelope shall reflect the stakes as set in the field.

c.   The new building envelope shall include bearings and distances, include a tie to a lot corner, and be a different line weight and type than the former building envelope.

d.   The distance between the property line and the new building envelope shall be clearly delineated.

e.   The “former building envelope” shall be labeled as such, and the “new building envelope” clearly labeled as such.

f.   Lakewood Court shall be delineated and labeled.

g.   The lot size shall be shown in acres.

 

3.  ROCKY POINT PRELIMINARY CONDOMINIUM PLAT MAP:  This is a request to condominiumize a previously approved four-unit development plan.  Staff approved the Rocky Point Development Plan (DP 03-05) in June 2003 and revised it in November 2004.  Approval provided for four units.  These units are currently under construction, and the applicant is now proposing the condominium map to allow for individual sale.  The condominium map is consistent with the approved development plan.  Staff recommends approval of the requested Rocky Point Preliminary Condominium Map, subject to the conditions recommended by the Planning Commission as follows:

1.  This proposal complies with applicable sections of the Estes Valley Development Code, as well as the approved development plan.

2.  This request has been submitted to all applicable reviewing agency staff for consideration and comment.  Reviewing staff had a variety of technical comments, which have been included as conditions of approval.

 

The Planning Commission voted unanimously to recommend approval of the proposed Rocky Point Preliminary Condominium Map conditional to:  

1.   Compliance with memo from Upper Thompson Sanitation District dated July 12, 2005.

2.   Compliance with memo from Estes Park Public Works dated July 27, 2005.

 

4.         ROCKY POINT FINAL CONDOMINIUM PLAT MAP:  This is a request to finalize a condominium map.  Staff approved the Rocky Point Development Plan (DP 03-05) in June 2003 and revised it in November 2004.  Approval provided for four units.  These units are currently under construction, and the applicant is now proposing the condominium map to allow for individual sale.  The condominium map is consistent with the approved development plan.   Staff recommends approval of the requested Rocky Point Preliminary Condominium Map conditional to: 

1.  Compliance with the approved Preliminary Condominium Map.

2.  The “Approval of Survey Plat” signature block shall be removed (not required).

3.  The access easement shall be clearly labeled as “GCE.”

4.  The drive shall be labeled “Private Access Drive.”

 

5.  WILKINSON EASEMENT VACATION:   This is a request to vacate a public utility easement.  The applicant, Ivan Wilkinson, desires to enclose an existing deck.  Upon inspection, staff discovered an electric line crossed over the top of the existing deck, and the deck was also within the utility easement, as well as within a couple of feet from a lot line.

Therefore, to allow the building expansion:  (1) the power line must be relocated; (2) the public utility easement must be vacated to make sure no future utility providers use that easement; and (3) the intervening lot line must be eliminated.

All public utility agencies have provided signatures of approval, and the line has been relocated.  All that remains is to formally vacate the easement, utilizing the Findings and Resolution to combine the lots, and record a new utility easement depicting where the electric line was relocated to.  Staff recommends approval of the requested public utility easement vacation conditional to: 

1.   The two parcels shall be combined into a single lot.  The Findings and Resolution shall serve as the vehicle to accomplish this.

2.   A new utility easement for the relocated power line shall be recorded.  The Findings and Resolution shall serve as the vehicle to accomplish this.

3.   A 10-foot easement shall be maintained parallel with the eastern property line.

 

6.   IDLEWILDE BY THE RIVER FINAL CONDOMINIUM MAP:   This is a final condominium map application to condominiumize fourteen existing cabins at 2282 Colorado Highway 66.  The property is zoned “A” Accommodations/Highway Corridor and the current uses are accommodations, i.e., temporary lodging with average stays of less than thirty days, and seasonal residential.   Mercier-Westmoreland, LLC is the declarant; the name of the common-interest community to be created is Idlewilde by the River.  Declaration Section 3.6 Restrictions on Use includes a statement that “No commercial activity, other than leasing the Condominiums, shall be permitted unless otherwise approved by the Association.”  Staff assumes that “leasing” refers to leasing for accommodations use.  The Declaration also permits seasonal and long-term residential use.  Per Van Horn Engineering, the current owner expects that residential use will remain seasonal. 

 

Staff recommends conditional approval of the final condominium map conditioned on:

1)   Compliance with the preliminary map conditions of approval.

2)   Revision of the dedication statement and signature blocks.

3)   Labeling the sewer easement as private, if it is private and providing the reception number for the easement.

4)   Provision of ties for LCE's; revision of LCE and unit boundaries where the two overlap.

5)   Compliance with the comments in the Larimer County Engineering Department’s August 23, 2005, memo.

6)   Compliance with the Upper Thompson Sanitation District’s August 22, 2005, and August 23, 2005, memos.

 

7.  DEEDS PLANNED LAND DIVISION/PLANNED DEVELOPMENT - #03-S2086:  This is a request to subdivide 7.99 acres into 3 lots from 2.33 to 2.99 acres and rezone to Planned Development (PD).  The lot is located on the Boyd Lake shoreline.  Boyd Lake is a designated drinking water reservoir.  The parcel currently contains one single-family residence and a barn.  The proposal includes an appeal to the public sewer and connectivity requirements.  On August 17, 2005, the Planning Commission voted unanimously to recommend approval of the appeals, the rezoning and the Planned Land Division.  Deeds PLD/PD was scheduled as a Discussion item because there was an outstanding issue concerning allowing horses on Lot 1.  However, just prior to convening the hearing, the owner indicated that he had decided to accept Condition a. that no livestock be allowed on the property.

The Development Services Team recommends the Board of County Commissioners approve the appeal to Section 8.1.1.B.2.a, of the Larimer County Land Use Code regarding the requirement to provide public sewer.

The Development Services Team recommends the Board of County Commissioners approve the appeal to Section 8.14.2.S, of the Larimer County Land Use Code regarding connectivity.

The Development Services Team recommends the Board of County Commissioners approve of the rezoning to Planned Development as follows:

a.   PRINCIPAL USES:

1) Agricultural

Farming (R)

2) Residential

Single-Family Dwelling (R)

3) Institutional

     In-Home Child/Elderly Care (S)

b.   ACCESSORY USES:

1)  No parcel can be used for more than one principal single-family residential building.

      2) Additional accessory structures on a parcel are allowed if they meet the Accessory Use Criteria in Subsection 4.3.10 of the Larimer County Land Use Code.

      3)  No livestock may be kept or grazed on the Deeds Planned Land Division property.

      c.   LOT, BUILDING AND STRUCTURE REQUIREMENTS    

1)  Minimum lot size

a.   100,000 square feet (2.3 acres) if a well or septic system is used.

b.   21,780 square feet (0.5 acre) if both public water and sewer are used.

 2) Minimum setbacks

a.   Front yards                               125' from the County Road 11C right-of-way centerline

b.   Side yards                                5 feet

c.   Rear yards                                100 feet

d.  Unmapped Wetlands                 50 feet from the edge of the unmapped wetlands if less than 1 ac., 100’ if 1+ ac.

e.   Streams, creeks and rivers        100 feet from the centerline of the established water course.

3)   Maximum structure height   40 feet

4)  Rezoning to PD will not be effective until and unless the Board of County Commissioners approves a Final Plat, and the plat and all necessary documents are duly recorded.

The Development Services Team recommends approval of the Deeds Planned Land Division Preliminary Plat with the following conditions:

a.   No livestock may be kept or grazed on the Deeds Planned Land Division property.

b.   The Final Plat shall be consistent with the approved Preliminary Plat and with the information contained in the Deeds PLD/PD (File #03-S2086).  The applicant shall be subject to all other verbal or written representations and commitments of record for the Deeds PLD/PD.

c.   Engineered foundations are required for new habitable construction on this site, as recommended by the Colorado Geologic Survey. 

d.   No basements will be allowed unless potential groundwater issues are resolved during the Final Plat process or it is demonstrated on a lot-by-lot basis that the lowest floor elevation will be at least 3 feet above the seasonal high ground water level.

e.   Passive radon mitigation measures shall be included in the construction of all new residential structures on these lots.  The results of a radon detection test, once the structure is enclosed but prior to issuance of a Certificate of Occupancy, shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester that specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted.

f.   The following fees shall be collected at building permit for new single family dwellings. Thompson R-2 school fee, Larimer County fees for County and Regional Transportation Capital Expansion (TCEF's), Larimer County Regional and Community Park Fees (in lieu of dedication) and drainage fee.  The fee amount that is current at the time of building permit application shall apply.  Both the Development Agreements and the Disclosure Affidavits will reference this requirement.  The County Engineer’s office also requires a Developmental Construction Permit, prior to commencing development construction.

g.   The applicant shall execute a Disclosure Notice for approval by the County to be recorded with the Final Plat.  This notice shall provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project.  The notice shall include, but not be limited to, the issues related to rural development, fire department requirements, the requirement for any access permits and culverts, the recommendations of the State Geological Survey (addressing foundations), building envelopes, the need for passive radon mitigation, and the issues raised in the review and/or related to compliance with the Larimer County Land Use Code.

h.   Applicant shall provide a signed Annexation Agreement prior to the recording of the Final Plat and related documents.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the Consent Agenda as outlined above, with the removal of Item #8.

Motion carried 3-0.

 

8.   LAURELWOOD PLANNED LAND DIVISION/PLANNED DEVELOPMENT - #04-S2245:  This is a request to divide 14.44 acres into five lots for single family residential uses.  The site is located between Loveland and Fort Collins approximately .75 miles east of U.S. 287, between North St. Louis Avenue and County Road 13.  It is located within the Loveland GMA.  The residential lots will range in size from 0.79 to 1.27 acres.  This Planned Land Division (PLD) will also create two outlots.  Outlot A will remain undeveloped and is reserved for future land development.  Development of Outlot A would require extensive improvements to County Road 13.  Outlot B is for a drainage and water quality pond.  This proposal was heard by the Planning Commission on August 17, 2005, as a consent item.  The Planning Commission unanimously recommended approval.  Specific parameters for rezoning are included in Development Services Team recommendations.

There are three components to this proposal: 

·  An Appeal of Section 8.14.2.S of the Larimer County Land Use Code, which requires connectivity to adjacent parcels.  Property to the north will be able to access directly from 65th Street.  Property to the south has already been developed.  The City of Loveland would prefer future access to Outlot A from County Road 13.  For these reasons, Engineering and Planning Staff support the appeal of the connectivity standards.

·  The Planned Land Division (PLD).  The proposed five-lot land division is consistent with zoning and with Larimer County’s and Loveland’s Master Plans.  It meets all of the relevant Larimer County Land Use Code Review Criteria and standards. 

·  Rezoning to Planned Development (PD) is required when a Planned Development takes place outside the LaPorte Planning Area (according to Section 5.2.5 of the Land Use Code).  The specific proposed rezoning is consistent with the underlying zoning and with the zoning shown in Loveland’s Master Plan for the area.  Rezoning to PD also meets all of the other criteria for approval.  

 

The Development Services Team recommends the Planning Commission recommend the Board of County Commissioners:

·  Grant the appeal to Section 8.14.2.S of the Land Use Code.

·  Approve the rezoning of the property to Planned Development (PD).  The permitted uses, lot, building and structure requirements, setbacks and structure height limits for Laurelwood Planned Land Division and Planned Development shall be as follows: 

 

1.   Principal Uses

a.   Residential

1)   Single-family dwelling (R)

2)   Group home for developmentally disabled (R)

3)   Group home for the elderly (R)

4)   Group home (R)

b.   Institutional

1)   Hospital (S)

2)   School, public (L)

3)   School, nonpublic (R/S)

4)   Church (R/S)

5)   Child/elderly care center (S)

6)   Child/elderly care home (R)

7)   Congregate residence (/S)

8)   Sheriff/fire station (L)

9)   State-licensed group home (S)

c.   Recreational

1)   Public park, playground (L)

2)   Trail/trail head (L)

d.   Accommodation

1)   Nursing home (S)

e.   Utilities

1)   Utility substation (L)

2)   Water storage facility (L)

3)   Commercial mobile radio service (R/S)

4)   Treatment plant (L)

5)   Commercial mobile service (R/S)

2.   Minimum lot size:

1)   21,780 square feet (0.5 acre).

3.   Minimum setbacks:

1)   Front yard—20 feet from the property line or from the nearest edge of the road easement.

2)   Side yards— 7 feet.

3)  Rear yards— 25 feet.

4)  Streams, creeks and rivers—100 feet from the centerline of the established watercourse.

4.   Maximum structure height—40 feet.

5.   No parcel can be used for more than one principal building; additional buildings on a parcel are allowed if they meet the accessory use criteria in subsection 4.3.10.

6. Rezoning to PD will not be effective until and unless the Board of County Commissioners approve a Final Plat and the plat and all necessary documents are duly recorded.

 

The Development Services Team recommends the Board of County Commissioners approve the Laurelwood PLD and Rezoning to PD with the following conditions:

 

1.   The Final Plat shall be consistent with the approved Preliminary Plat and with the information contained in the Laurelwood PLD/PD (File #04-2245).  The applicant shall be subject to all other verbal or written representations and commitments of record for the Deeds PLD/PD.

2.   If and when Outlot A is divided, the 50 average daily trip-ends generated by the Laurelwood PLD must be included in the traffic analysis prepared for the development of Outlot A. The 50 average daily trip-ends must also be added to the average daily trip-ends generated by the development of Outlot A when considering the developer's requirement to design and construct adjacent and off-site road improvements as, specified in Section 1.9.2 of the Larimer County Urban Area Street Standards. 

3.   The applicant shall dedicate an additional 4-foot of right-of-way, for County Road 13, on the Final Plat.

4.   The applicant shall provide a sewer easement for installation of a future line to serve properties to the north during the Final Plat process. 

5.   All required fees including Transportation Capital Expansion Fees, Park Fees in Lieu of Land Dedication, Drainage Fees (Loveland Basin) and School fees must be paid at time of building permit issuance. 

6.   Engineered foundations are required for new habitable construction on this site as recommended by the Colorado Geologic Survey. 

7.   No basements will be allowed unless it is demonstrated on a lot-by-lot basis at Final Plat that the lowest floor elevation will be at least three feet above the seasonal high ground water level.

8.   At Final Plat, the applicant shall:  a) verify that the existing hydrant on St. Louis does meet the hydrant spacing requirements, b) provide hydrants to meet that standard or c) agree that all residences shall be sprinklered.

9.   Passive radon mitigation measures shall be included in the construction of all new residential structures on these lots.  The results of a radon detection test, once the structure is enclosed but prior to issuance of a Certificate of Occupancy, shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester that specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted.

10.   The applicant shall execute a Disclosure Notice for approval by the County to be recorded with the Final Plat.  This notice shall provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project.  The notice shall include, but not be limited to, the issues related to rural development, fire department requirements, the requirement for any access permits and culverts, the recommendations of the State Geological Survey (addressing foundations), building envelopes, the need for passive radon mitigation, and the issues raised in the review and/or related to compliance with the Larimer County Land Use Code.

11.   Applicant shall provide a signed Annexation Agreement prior to the recording of the Final Plat and related documents.

 

Mr. Lorenz expressed concern with increased traffic on North St. Louis Avenue, as a result of the proposed Laurelwood Development.  Mr. Lorenz stated that he was under the impression that new developments were required to have two access points.  Mr. Lorenz also noted concern with the drainage issues in conjunction with the application.

Rob Persichitte, Intermill Land Surveying, explained that the development is served by two access points; however, the second access is gated and will be used for emergency vehicle access only.  Ms. Downs explained that the drainage would occur naturally along the backside of the development and drain into a detention pond.  Some discussion ensued regarding when additional roads would be required, and Mr. Helmick explained that there are other proposals that have been filed, which will trigger installation of a northbound road. 

Chair Rennels asked for additional public comment, and Tim Bishop addressed the Board.  Mr. Bishop supported Mr. Lorenz's comments and noted concern with speeding along the Puma Road and North St. Louis Avenue.  Mr. Bishop stated that adding more homes will negatively impact the roads. 

Chair Rennels suggested that the Engineering Department pay a visit to the area to evaluate the roads in question.  Ms. Downs stated that they would visit the site for this purpose.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Appeal Section 8.14.2.S of the Land Use Code, regarding the Rezoning to Planned Development, (File #04-S2245), as recommended by the Development Services Team and outlined above.

Motion carried 3-0.

 

9.  WAVERLY RIDGE CONSERVATION DEVELOPMENT:  This is a request for enforcement of the default provisions of the Waverly Ridge Conservation Development Agreement.  Staff has spent a significant amount of time over the past two years with this development, making sure the improvements required for the approval are completed and to standards.  Staff regrets the need to pursue this issue but, as the information here indicates, staff is left with no alternative. 

A development agreement was recorded on February 27, 2002, with a completion date of August 31, 2002.  Work was not completed by that date, it was not until December 23, 2003, that staff was able to get an extension agreement signed by Mr. Kinzli to extend the completion date until September 20, 2004.  Staff spent numerous hours in late summer and early fall of 2003 working with Mr. Kinzli to get this extension and a new Letter of Credit (LOC.)

In the fall of 2004 discussions occurred with the Assistant County Attorney, Mr. Kinzli’s attorney, and the attorney for the paving company Mr. Kinzli was suing.  The LOC was extended again, with an expiration date of August 31, 2005.  On November 4, 2004, Ms. Downs wrote another letter to Mr. Kinzli listing all the deficiencies.  Mr. Kinzli promised to fix everything once the paving was complete.  Ms. Downs' letter listed several items that needed to be addressed prior to paving.

In a letter dated October 22, 2004, Mr. Kinzli's attorney states:  "Kinzli & Co. has also arranged for contractors to complete the remaining punch list items in the Waverly Ridge Subdivision, aside from Prima Drive.  Mr. Kinzli's sole proposal here is 100% compliance with exactly what the County has required.  Kinzli and Co. will fully complete the punch list items once the necessary repairs to Prima Drive have been completed but, no later than the deadline set."

Ms. Downs made field visits in January and twice in March 2005 and found that nothing had been done.  The internal road has now been paved and repaved, but not correctly.  Ms. Downs still has a list of those items that need to be completed that were on her original list given to Mr. Kinzli last year, in addition to what is listed on the post construction file, which includes as-builts, certifications, etc.

An inspection completed the week of July 20, 2005, revealed that nothing had been done to address the additional outstanding items.  Mr. Kinzli promised that the work would be completed by August 15, 2005, and it was not.

Staff believes that the County is safe from a financial standpoint, because the development LOC will extend for another 60-days after August 31, 2005, as the issuing institution did not provide staff with the required 60-day written notice of expiration.

Staff recommends the Board of County Commissioners find the Developer in default of their Development Agreement and direct staff, including the County Attorney, to take the appropriate measures to make sure the required improvements are installed and completed. 

Mr. Lafferty displayed photos of the road, culverts and driveways that need to be vacated.  Mr. Kinzli stated that he had intended to have all of the work completed by today; however, his contractor could not get to the job until September 14, 2005, which has not allowed time for finishing, re-grading, and re-seeding.  Mr. Kinzli explained that all the remaining work is scheduled for this upcoming weekend, and that he will tear out the westerly driveway on the neighboring property and finish paving the road. 

Mr. Lafferty explained that the LOC is scheduled to expire on October 31, 2005; therefore, staff needs to act on correcting these issues.  Mr. Helmick explained that Mr. Kinzli's neighbor has submitted an application for a variance to be able to retain the easterly driveway on his property.  Chair Rennels noted that no one in the audience was present to comment on this item.

Mr. Kinzli requested the opportunity to finish this development, but also offered to place some money in an account for the County to use if the work is not completed when necessary.

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners find the Developer in default of their Development Agreement.  The Developer must post sufficient collateral to remove the driveway, and meet all the conditions of the Development Agreement within 30-days, or staff, including the County Attorney, will take the appropriate measures to make sure the required improvements are installed and completed.

Motion carried 3-0.

 

10.  WILLIAM TAYLOR ZONING VIOLATION - #02-ZV0102:   This is an alleged violation of a property owner operating a boat repair business in the O-Open Zoning District without approval through the Special Exception process.  The original complaint was filed on this site in 2002.  Investigation at that time indicated that the boat repair business was mobile in nature and all the boats on site belonged to the property owner, and the file was closed.  Subsequent complaints led to further investigation, which revealed that boat repairs were taking place on site.  The property owner was contacted, and he admitted that the use is in violation and needs to be approved. Staff has had a pre-application conference with the property owner for a Special Exception; however, no application has been received.

The complainant alleges that the boat repair business has hampered the sale of his property and such a business should not be allowed in a residential area.  The decision concerning the appropriateness of the use at this site is best made in the context of a Special Exception Application.  Comments can then be solicited from various referral agencies, as well as from the neighbors.  A complete application must be submitted in order to obtain these comments.  Continuing the operation without the appropriate approval is not in the best interest of the neighborhood, or the County.

Staff findings are as follows:   

1.   The property is zoned O-Open.

2.   The O-Open Zoning District does not allow business or commercial uses.

3.   Continued operation of a boat repair business in this location without the appropriate approval is not in the best interest of the neighborhood or the County.

4.   Allowing the use to continue without the appropriate approval gives this property owner a competitive advantage of similar businesses that have gone through the appropriate approval process.

5.   There are issues of neighborhood compatibility, access and outdoor storage that are best addressed through the Special Exception process.

 

Staff recommends the Board of County Commissioners find that a violation exists and require compliance within 30-days.  Compliance would require discontinuing the use or submitting a complete and sufficient application for Special Exception to seek approval of the use.

Mr. Helmick displayed an aerial view of the property and explained the violation as outlined above.  Mr. Helmick noted that the property owner has admitted to operating the business on his property and has not yet filed an application for Special Exception.

Property owner William Taylor addressed the Board and explained that the complainant is from a neighbor that he is currently involved in a lawsuit with.  Mr. Taylor stated that he intends to file the Special Exception Application, but requested more time to do so.  Mr. Taylor explained that the boat season runs from April through September and, as soon as he is finished winterizing the boats, he can concentrate on proceeding with the Special Exception process.  Commissioner Wagner questioned if one of the buildings on Mr. Taylor's property was a shed that he used to house the boats while he works on them.  Mr. Taylor replied in the affirmative and further explained that he discovered that there was never a building permit pulled for construction of the shed, and that he has to rectify this issue as well. 

Chair Rennels opened the hearing up for public comment and Lou Palmieri, adjoining neighbor, confirmed that he is involved in a lawsuit with Mr. Taylor.  Mr. Palmieri stated that Mr. Taylor's access cuts right through his property, and Mr. Taylor consistently plows up the road to get the boats in and out of his property.  Mr. Palmieri explained that he does rent this property and the tenant cannot access the house when Mr. Taylor plows the road.   Mr. Palmieri stated that the road would have to be 30-feet wide to accommodate the business and that he does not want a commercial business "traipsing" across his property.  Some discussion ensued regarding how long both property owners have lived there, how long the driveway has been in place, and whether or not there was an access easement dedicated for use of the driveway.  Mr. Palmieri admitted that Mr. Taylor could sue him for a prescriptive easement, but he has not yet done so.

Alan Evans, Horsetooth area resident, voiced his support of Mr. Taylor's business.  Mr. Evans stated that this type of business is needed in this area, and that Mr. Taylor is competent in working on the boats.  Chair Rennels closed public comment.

Mr. Taylor explained that he will continue his dispute with Mr. Palmieri in court, but asked the Board for additional time to finish up the boating season and submit his Special Exception Application. 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners find that a violation exists on this site, and require the owner to bring the site into compliance within 60-days from today.  Compliance would require that the use is discontinued, or a completed and sufficient application is submitted for a Special Exception to seek approval of the boat repair business.  If compliance is not achieved, the County Attorney is authorized to seek a legal remedy to the violation.

Motion carried 3-0.

The meeting adjourned at 4:25 p.m.

 

 

SEPTEMBER 20, 2005

 

ADMINISTRATIVE MATTERS

(#102)

 

The Board of County Commissioners met at 9:00 a.m. with Acting County Manager Larry Timm.  Chair Rennels presided and Commissioners Gibson and Wagner were present.  Also present were:  Donna Hart, Commissioners’ Office; Edie McSherry, Extension Office; Geniphyr Ponce-Pore, and Casey Stewart, Planning Department; K-Lynn Cameron, Parks and Open Lands Department; Jerry White, Engineering Department; Bill Ressue, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   Rosemary Van Gorder and Ray Dixon addressed the Board with concerns regarding child protection, and their perceived lack of accountability and oversight of the Human Services Department.  Ms. Van Gorder suggested that the Board invite interested citizens to the next worksession with the Director of Human Services.  Mr. Dixon requested that the Board appoint an oversight committee to provide some sort of accountability and an avenue for parents to redress their grievances pertaining to this subject.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 12, 2005:

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of September 12, 2005, as amended.

 

Motion carried 3-0.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK OF SEPTEMBER 26, 2005:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for September 20, 2005:

 

09202005A001           WARRANTY MEMORANDUM FOR POUDRE OVERLOOK PLANNED UNIT DEVELOPMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, PLS DEVELOPMENT, INC., AND POUDRE OVERLOOK HOMEOWNER'S ASSOCIATION

 

09202005A002           DEVELOPMENT AGREEMENT FOR GARNET VALLEY ACRES SUBDIVISION BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND RS OLIVER VENTURES, LLC

 

09202005A003           SHOOTING RANGE REMEDIATION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WRS INFRASTRUCTURE & ENVIRONMENT, INC.

 

09202005R001           FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE SHYANNE PLANNED LAND DIVISION, THE REZONING TO PD AND THE APPEAL OF THE STREET CONNECTIVITY STANDARD

 

09202005R002           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR GARNET VALLEY ACRES SUBDIVISION (FILE #04-S2242)

 

09202005R003           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 7 AND 8 AND A PORTION OF LOT 9 OF POUDRE PARK 2ND ANNEX

 

09202005R004           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 24 AND 25, BLOCK 28 OF OWASSA LAKE SUBDIVISION

 

09202005R005           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS A AND C OF THE AMENDED PLAT OF LOT 3 OF THE REPLAT OF TRACT 36A OF HIGHLAND PLACE SUBDIVISION AND APPEAL OF SECTION 8.14.2.I

 

09202005R006           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 41 AND 42 OF GLACIER VIEW MEADOWS 4TH FILING AND EASEMENT VACATION

 

09202005R007           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 1 AND 14 OF GLEN HAVEN SUBDIVISION

 

09202005R008           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 12A AND 12B, BLOCK 11, AND LOTS 11A AND 11B, BLOCK 14 OF RAMONA HEIGHTS SUBDIVISION

 

MISCELLANEOUS:  Department of Human Services Payments for July 2005; Request for Proposal Minutes - Proposal #05-11; Garnet Valley Acres Subdivision Final Plat; Personnel Authorization Request for Community Corrections - Correctional Certified Addictions Counselor III; Personnel Authorization Request for Community Corrections - Mental Health Diversion Team Leader - Correctional Services Supervisor.

 

LIQUOR LICENSES:  The following license was approved and issued:   Archer's Poudre River Resort - 3.2% - Bellvue.   

 

Motion carried 3-0.

 

 5.   FAMILY DAY PROCLAMATION:  Ms. McSherry explained that surveys conducted by the National Center on Addiction and Substance Abuse at Columbia University have consistently found that the more children and teenagers eat dinner with their families, the less likely they are to smoke, drink, and use illegal drugs.  Ms. McSherry encouraged citizens to participate and recognize Family Day as a day to eat dinner with your children.  Commissioner Gibson read the proclamation aloud. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioner proclaim September 26, 2005, as Family Day.

 

Motion carried 3-0.

 

6.   PLANNING COMMISSION REVIEW OF AN APPEAL TO SECTION 5.1 TO THE LARIMER COUNTY LAND USE CODE:   Ms. Ponce-Pore explained that three property owners have submitted an appeal to recognize what are currently considered "illegal lots."  Ms. Ponce-Pore recommended the use of the Minor Land Division (MLD) process, which does not require Planning Commission review, to address this issue.  Commissioner Wagner questioned the size of the lots.  Ms. Ponce-Pore stated that two of the lots are approximately 10 acres, and the third is close to 20 acres in size.  Discussion ensued regarding the definition and what constitutes a "legal lot."  Mr. Timm explained that the MLD process could solve this issue in a relatively easy manner.   Ms. Ponce-Pore explained that staff is of the opinion that review and recommendation of the Planning Commission is not necessary for this appeal.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve referring the appeal of Section 5.1 of the Larimer County Land Use Code to the Board of County Commissioners, rather than the Planning Commission.

 

Motion carried 3-0.

 

7.   APPEAL OF SIGN REGULATIONS FOR COLORADO BOAT CENTERMr. Stewart explained that owners of the Colorado Boat Center, located on the Southeast I-25 Frontage Road, have submitted an appeal to erect a new sign on their property that would exceed the allowable height and sign area for the proposed setback.  Mr. Stewart recommended that this appeal be heard by the Planning Commission to allow for more scrutiny and discussion, since placement of commercial signs along the I-25 corridor have a significant impact on the County.  The Board agreed, with Chair Rennels noting that having this item heard at the Planning Commission will also allow for more public comment on the issue.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve referring the appeal of sign regulations for Colorado Boat Center to the Planning Commission for review and recommendation, as it involves both I-25 corridor and commercial sign issues that are important to the citizens of Larimer County, and because the request differs significantly from the regulations. 

 

Motion carried 3-0.

 

8.  COMMISSIONER ACTIVITY REPORTS: The Board noted their attendance at events during the past week. 

 

9.   EXECUTIVE SESSION REGARDING LAND NEGOTIATIONS:   (Tape #104)

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners go into Executive Session for purchase acquisition, lease, transfer, or sale of any real or personal property interest, as outlined in 24-6-402 (4)(a) C.R.S.

 

Motion carried 3-0.

 

10.  LEGAL MATTERS:   Executive Session - affidavit provided.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners go into Executive Session regarding pending zoning litigation for the purpose of receiving legal advice, as outlined in 24-6-402 (4)(b) C.R.S.

 

Motion carried 3-0.

 

The meeting adjourned at 11:00 a.m., with no further action taken.

 

WEDNESDAY, SEPTEMBER 21, 2005

 

LIQUOR LICENSE CHANGE OF LOCATION HEARING

FOR YOUNG'S LIQUOR

(#102)

 

The Board of County Commissioners met at 3:00 p.m. with Acting County Manager Larry Timm. Chair Rennels presided and Commissioners Gibson and Wagner were present.  Also present were:  Gerald and Linda Granberg, Applicants; Linda Connors, Assistant County Attorney; Jenny Baird, Court Reporter; and Gael Cookman, Deputy Clerk.

 

Ms. Connors explained that the owner and applicant, Mr. Gerald Granberg, has applied for a Change of Location for his liquor licensed premises.  Ms. Connor noted for the record that the application has been received and reviewed, and notice has been posted in accordance with Colorado Revised Statutes.

 

Mr. Granberg was sworn-in and explained that he is constructing a new building directly north of his old building on the same piece of property.  Mr. Granberg explained that he plans to begin operating in the new building by October 31, 2005.  Mr. Granberg stated that that old building will be torn down once asbestos removal has been accomplished.

 

Ms. Connors noted that the premises had been posted and that the applicant has submitted Exhibit A, a photo of the posting, as evidence supporting this requirement.   Ms. Connors explained that the petitioning requirement for this application had previously been waived by the Board, as the needs and desires of the surrounding community have already been met.  Finally, Ms. Connors noted that there was no one in the audience present to speak in opposition of the application.   The Board supported the application and thanked the Granberg's for their patience throughout this process.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the Change of Location Application for Young's Liquors Inc., and refund the local authority application fees in the amount of $500.00.

 

Motion carried 3-0.

 

The hearing adjourned at 3:15 p.m.

 

    __________________________________________

                                    KATHAY RENNELS, CHAIR

                        BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

___________________________________

Gael M. Cookman, Deputy Clerk      

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