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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, OCTOBER 3, 2005

 

LAND USE HEARING

(#108)

 

The Board of County Commissioners met at 3:00 p.m. with Russ Legg, Chief Planner.  Chair Rennels presided and Commissioners Wagner and Gibson were present.  Also present were:  Porter Ingrum, and Casey Stewart, Planning Department; Traci Downs, Engineering Department; Doug Ryan, Environmental Health Department; George Hass, 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:  

 

1.  CRYSTAL LAKES 1ST FILING LOTS 13 AND 15 LOT CONSOLIDATION - #05-S2477:  This is a request to combine two contiguous lots in the 1st Filing of the Crystal Lakes Subdivision into one lot.  There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  the Larimer County Department of Health and Environment, and the Larimer County Engineering Department Development Review Team.  The proposed Lot Consolidation for Lots 13 and 15 in the 1st Filing of Crystal Lakes Subdivision will not adversely affect any neighboring properties or any county agency.  The Lot Consolidation will not result in any additional lots.  Staff finds that the request meets the requirements of the Larimer County Land Use Code.

The Development Services Team recommends approval of the Lot Consolidation of Lots 13 and 15, 1st Filing in the Crystal Lakes Subdivision (#05-S2477), to be known as Lot 13A of the Lot Consolidation of Lots 13 and 15, 1st Filing in the Crystal Lakes Subdivision subject to the following conditions:   1. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.  2.  All conditions shall be met and the final resolution of the County Commissioners shall be recorded by April 3, 2006, or this approval shall be null and void.

 

2.  HORSETOOTH HEIGHTS LOTS 34 AND 35 LOT CONSOLIDATION - #05-S2476:  This is a request to combine two contiguous lots in the Horsetooth Heights Subdivision into one lot.  There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  the Larimer County Department of Health and Environment, and the Larimer County Engineering Department Development Review Team.  The proposed Lot Consolidation for Lots 34 and 35 in the Horsetooth Heights Subdivision will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots. Staff finds that the request meets the requirements of the Larimer County Land Use Code.

The Development Services Team recommends approval of the Lot Consolidation of Lots 34 and 35 in the Horsetooth Heights Subdivision (#05-S2476) to be known as Lot 34A of the Lot Consolidation of Lots 34 and 35 in the Horsetooth Heights Subdivision subject to the following conditions:  1. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.  2.  All conditions shall be met and the final resolution of the County Commissioners shall be recorded by April 3, 2006, or this approval shall be null and void.

 

3.  SOUTH NOKOMIS LAKE BLOCK 18, LOTS 14, 15 AND 16 LOT CONSOLIDATION - #05-S2473:   This is a request to combine Lots 14, 15, and 16, in Block 18 of the South Nokomis Lake Subdivision into one lot in order to build a cabin.  There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal: the Larimer County Department of Health and Environment, and the Larimer County Engineering Department Development Review Team.  The proposed Lot Consolidation of South Nokomis Lake Block 18 Lots 14, 15, and 16 will not adversely affect any neighboring properties or any county agency.  The Lot Consolidation will not result in any additional lots.  Staff finds that the request meets the requirements of the Larimer County Land Use Code.

The Development Services Team recommends approval of the Lot Consolidation for South Nokomis Lake Subdivision Block 18 Lots 14, 15, and 16 (#05-S2473), subject to the following conditions:   1.   The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.  2.   All conditions shall be met and the final resolution of the County Commissioners shall be recorded by April 3, 2006, or this approval shall be null and void.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Consent Agenda, as outlined above.

Motion carried 3-0.

 

4.  POUDRE FIRE AUTHORITY STATION 5 APPEAL - #05-G0087:  This is a request to appeal Section 4.8.9.A.1 of the Land Use Code that contains regulations for expanding nonconforming buildings.  This section of the code limits addition size to not more than 25% of the square footage of the original building that legally existed on January 1, 2000, and not more than 1000 square feet total.

The applicant proposes to construct an addition to the existing fire station, which is situated approximately 50 feet from the edge of the Harmony Road right-of-way.  This section of Harmony Road requires a building setback of 80 feet from edge of the right-of-way.  The fire station is nonconforming with respect to the required 80-foot setback from the right-of-way.  The applicant wants to add onto the existing structure to the east (front).  The addition, including extended truck bays for a ladder truck and a living area for the battalion chief, is greater than 25% (approximately 33%) of the floor area of the existing building, and more than 1000 square feet.  The proposed addition will maintain the same setback distance from Harmony Road but will encroach into the front setback requirement from Hogan Drive.  The applicant has applied for a setback variance from the 25-foot required setback from the front property line along Hogan Drive. 

The County Engineering Department offered no objections. The Department of Health/Environment has no objections, as long as utility providers have access for their needs.   The City of Fort Collins offered no objections.  They did request that the applicant construct a sidewalk along Harmony Road, and dedicate additional right-of-way along Harmony Road to accommodate future road improvements.  These requests and their timing will be worked out through the building permit process.  The right-of-way dedication will occur as part of the building permit process.  The city indicated that the sidewalk could be installed later, when the adjoining property to the west is developed.  There have been no objections received from surrounding property owners or interested city, county, state, or federal agencies.  The addition would not subvert the purpose of the Land Use Code, and will have little impact on the surrounding area.  The addition will improve emergency coordination and response times in this area of Fort Collins and the county.

The Development Services Team finds that the appeal meets the review criteria of Section 22.2.3, as outlined in the Land Use Code.  Therefore, The Development Services Team recommends approval of the Poudre Fire Authority Station 5 Appeal, File # 05-G0087, with the following conditions:  1.  The applicant shall provide written agreement, designed to  survive annexation,  to install a sidewalk along the portion of Harmony Road that is adjacent to the property, when the adjacent property to the west is developed.  The sidewalk, when installed, shall conform to the Larimer County Urban Area Street Standards for sidewalks.  2.  The applicant shall dedicate additional right-of-way along Harmony Road for future three-lane road improvements.  This shall be done in accordance with Section 9.7.4, Dedication Process of the Land Use Code, within 30 days of issuance of the building permit. 

 

Mr. Stewart explained the appeal as outlined above, noting that there was some discrepancy regarding when the sidewalk should be installed.  Commissioner Gibson questioned if the right-of-way would be dedicated or purchased.  Mr. Legg explained that it will be dedicated and that it is standard practice to obtain the right-of-way at the time of the development application.  Mr. Legg further stated that since the property is publicly owned there presumably would not be any monies exchanged for dedication of the right-of-way. 

The applicant, Kevin Wilson, Fire Marshall for Poudre Fire Authority, stated that they would rather not install the sidewalk until the adjacent property is developed, because it would be a sidewalk that serves no purpose and goes nowhere.  Mr. Wilson stated that they agree with the condition requiring dedication of the right-of-way.   Commissioner Wagner asked if Mr. Wilson knew what the cost would be to install the sidewalk.  Mr. Wilson stated that he had no idea how much it would cost.  He noted that they did not think it would be applicable; therefore, they did not investigate the cost of it.  Chair Rennels noted for the record that there was no public comment on this item.

Commissioner Gibson stated that he did not wish to see a sidewalk required that would serve no real purpose, especially given the fact that it will deteriorate over the years.   Mr. Legg recommended that the applicant be required to provide written agreement to install the sidewalk when the adjacent property to the west is developed.   The Board agreed with this change, and it is reflected in the conditions as outlined above and in the following motion:

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the Poudre Fire Authority Station 5 Appeal, File #05-G0087, with the following conditions:  1.  The applicant shall provide written agreement, designed to  survive annexation,  to install a sidewalk along the portion of Harmony Road that is adjacent to the property, when the adjacent property to the west is developed.  The sidewalk, when installed, shall conform to the Larimer County Urban Area Street Standards for sidewalks.  2.  The applicant shall dedicate additional right-of-way along Harmony Road for future three-lane road improvements.  This shall be done in accordance with Section 9.7.4 Dedication Process of the Land Use Code, within 30 days of issuance of the building permit. 

 

Motion carried 3-0.

 

The meeting adjourned at 3:25 p.m.

 

 

Tuesday, OCTOBER 4, 2005

 

ADMINISTRATIVE MATTERS

(#108 & 109)

 

The Board of County Commissioners met at 9:30 a.m. with County Manager Frank Lancaster.  Chair Rennels presided, and Commissioners Gibson and Wagner were present.  Also present were:  Neil Gluckman, Deni LaRue and Donna Hart, Commissioners’ Office; Darcy Allen-Young and Corinne VanDyke, Head Start Program; George Hass, and Linda Connors, County Attorney's Office; Al Kadera, Planning Department; Candice Phippen, Building Code Enforcement; and Gael Cookman, Deputy Clerk.

 

1.    PUBLIC COMMENT:  There was no public comment.

 

2.    APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 26, 2005:

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of September 26, 2005, as amended.

 

Motion carried 3-0.

 

3.    REVIEW THE SCHEDULE FOR THE WEEK OF OCTOBER 10, 2005:  Ms. Hart reviewed the upcoming schedule with the Commissioners.

 

4.    CONSENT AGENDA:   Commissioner Gibson clarified that the lease agreement for the Loveland Workforce Center will be a month-to-month lease, as their new facility is being built and this will allow them to terminate the contract when the building is complete. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for October 4, 2005:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petitions for Abatement are approved:  Ace Transmission and Clutch (2 years) Personal Property; Allergy Association Investments, LTC; Banc Leasing, Inc; Educational Testing Service; JJ's Country Corner; JJ's Lounge/Kitchen; Wayne J. Morgan; Norlarco Credit Union (2 years); Rimrock Automation - dba Wolf Robotics; Ron R. Rudolf (2 years); and Weststar Bank.

10042005A001           LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ANTONIOS AND EVANGELIA KATOPODIS (For Loveland Workforce Center)

 

10042005A002           AUDITING SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ANDERSON & WHITNEY

 

10042005D001           DEED OF CONSERVATION EASEMENT BY CHARLES E. AND JUDITH F. SIEFKE

 

LIQUOR LICENSES:  The following license was approved and issued:  Pot Belly Restaurant and Lounge - Tavern - Red Feather Lakes.  The following license was approved:  American Legion - 6% Special Events Permit - Fort Collins.  The following license was issued:  7-Eleven Store #32276 - 3.2% - Fort Collins.

 

Motion carried 3-0.

 

5.  HEAD START'S 40TH ANNIVERSARY CELEBRATION PROCLAMATION:   Ms. Allen-Young explained that the Head Start Program is celebrating its 40th year of existence and requested the Board proclaim the month of October as Head Start's 40th Anniversary Celebration.  Ms. Allen-Young stated that the Head Start Program provides not only for the educational and exceptional needs of children, but also for their social, psychological, health and nutritional requirements, social skills, and vocabulary development.  Ms. Allen-Young noted that there are currently 380 families in Fort Collins utilizing the program and many others throughout the county.   Ms. VanDyke explained that there will be numerous activities during the month, including interviews with individuals that were initially enrolled in the program some 40 years ago.  Commissioner Wagner read the proclamation aloud.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners proclaim the month of October 2005, as Head Start's 40th Anniversary Celebration.

 

Motion carried 3-0.

 

6.  SUGGESTION TO CHANGE MAKEUP OF THE HUMAN SERVICES CITIZEN REVIEW PANEL:  Mr. Lancaster and Ms. Connors presented options for the Board to consider with regards to changing the makeup of the Citizen Review Panel (CRP).  Mr. Lancaster noted that the CRP is part of the conflict resolution process used in Child Protection Services, and that the members must be appointed by the governing body without influence from state and county departments.  Ms. Connors noted that the CRP is the last step in the grievance process, and is very limited in the scope of how and when it can be utilized.  Ms. Connors noted that the Director of Human Services has always handled matters effectively; therefore, the CRP has never had to convene to hear a case.  Discussion ensued and the Board opted to advertise the positions and invite those that have been serving in this capacity to reapply, as this would afford the opportunity for interested citizens to apply as well.  The Board agreed that the size of the CRP should be limited to somewhere between 7 and 11 members, and directed Ms. Connors to revise the resolution and by-laws for the CRP to reflect these changes.  Mr. Lancaster stressed that the CRP is currently in compliance and is functional, and that this action is being taken simply as a measure to improve the process.

 

7.  ELECTION UNDER THE SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT OF 2000:  Mr. Lancaster explained that the Secure Rural Schools and Community Self-Determination Act of 2000 dictates that a certain portion of the revenue generated by the U.S. Forest Service is to be redistributed back to counties as a payback for resources.  He stated that there are two formulas that can be used to determine how the monies are paid back to the county.  Mr. Lancaster recommended that Larimer County utilize the Title III method, as this option will bring a higher amount of revenue back to the county.  Finally, Mr. Lancaster stated that 5% of the funds received will be distributed to the school districts in the county, and 15% will be set aside for forest related projects.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the letter as presented to elect options for payment under the Secure Rural Schools and Community Self-Determination Act of 2000.

 

Motion carried 3-0.

 

8.  WORKSESSION:   Mr. Gluckman connected Gini Pingenot, representative from Colorado Counties Inc., via teleconference, to provide the Board an update of anticipated legislative items. 

 

Mr. Lancaster presented a request from the Metropolitan Planning Organization (MPO) for a representative from the Environmental Advisory Board (EAB) to sit on their ad hoc committee and assist in the development of the next Regional Transportation Plan.  Discussion ensued and the Board agreed to ask for a volunteer from the EAB, but to caution the volunteer that he/she would be serving in this capacity as a private citizen, and not as a representative of Larimer County.

 

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

 

10.  LEGAL MATTERS:  Mr. Hass outlined the Special District and Metropolitan District Service Plan Review timelines for the Board.  He explained that the timelines for filing are specifically set by statute.  The Board was concerned that the timelines, as written, do not provide enough opportunity to thoroughly review the project.  Mr. Hass recommended that the Board adopt a procedure identifying exactly what constitutes a "complete application," which would include requiring that all applications contain financial data and coordination with outside agencies prior to submission.  

 

EXECUTIVE SESSION:   Affidavit provided.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

The meeting adjourned at 11:55 a.m., with no further action taken.

 

 

 

    __________________________________________

                                    KATHAY RENNELS, CHAIR

            BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

___________________________________

Gael M. Cookman, Deputy Clerk       

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