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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, MAY 15, 2006

LAND USE HEARING

(#53)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Gibson presided, and Commissioner Wagner was present.  Also present were Karin Madson, Casey Stewart, and Porter Ingrum, Planning Department; Doug Ryan, Environmental Health Department; Dave Shirk, Estes Park Community Development Department; Christie Coleman, and Matthew Johnson, Engineering Department; David Ayraud, Assistant County Attorney; and Gael Cookman and Kristen Romary, Deputy Clerks.

Chair Gibson opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and the Land Use Code.  No one from the audience addressed the Board regarding these topics.  Chair Gibson explained that Items 1 through 6 were on consent and would not be discussed unless requested by the Board, staff, or members of the audience.  Kristine Bertrand, a member of the audience, requested that Item 3, regarding the Morrill Subdivision Lot 7A Easement Vacation, File #06-S2536, be removed from the consent agenda.  She had several questions regarding the specific design of the carport, and hoped that she would have more time to review the current plans with the Planning Department.

 

1.  LARIMER TERMINALS AMENDED PLAT:  This is a request to vacate a portion of the unused right-of-way that was platted with the original plat of Larimer Terminals Subdivision in 1957.  With the exception of platting an access easement, no other changes to the lots are proposed. Staff recommends approval of the requested Amended Plat of Lots 1 and 2, Block 1, Larimer Terminals Subdivision subject to the conditions recommended by the Planning Commission.  On Tuesday, April 18, 2006, the Estes Valley Planning Commission found:

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

2.   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.

3.   Within sixty (60) 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.

The Planning Commission voted unanimously to recommend approval of the proposed Amended Plat of Lots 1 and 2, Block 1, Larimer Terminals Subdivision conditional to:

1.   The 45-foot turning radius depicted on the original plat shall be shown.

2.   The reference to streets shall be removed from the Dedication Statement.

3.   A private access easement shall be platted across Lot 1A to provide access to Lot 2A.

 

2.  RIVER’S EDGE FINAL CONDOMINIUM MAP:  This is a request to finalize two condominium units.  The Board of County Commissioner approved the River’s Edge Condominium Map on March 20, 2006.  That approval would provide for twelve units, which are currently under construction.  Per state law, condominium maps may not be finalized until drywall has been installed.  This process has been accomplished for the four units to be finalized with this map.  Additional “supplemental” condominium maps will follow as units are finalized.

Staff recommends approval of the requested River’s Edge Condominiums Supplemental Map #1, Units 1, 2, 9, and 10.

 

4.  MAISCH EXEMPTION PARCEL 1 AMENDED PLAT - #06-S2559:  This is a request to approve the Amended Plat of Parcel 1 of the Maisch Exemption (File #162-76-EX) to reconfigure an exemption parcel by adding a small portion of an adjacent metes & bounds section.  The subject parcel was created by exemption in 1976.  The current owner of the property purchased a small 0.5 acre portion of an adjacent parcel from a neighbor.  This Amended Plat request is to add that small 0.5 acre piece to the existing exemption lot.  The adjacent metes & bounds parcel will be reconfigured by a Boundary Line Adjustment in conjunction with this request (refer to Grace Community Church Boundary Line Adjustment, File #06-S2544).

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County Engineering Department had no objections to this proposal. There were no comments received from the Larimer County Department of Health and Environment.  Dale Greer, Land Surveyor of the Larimer County Engineering Department, identified several required corrections to the plat.

The proposed plat amendment to add a portion of a metes and bounds parcel to Parcel 1 of the Maisch exemption will not adversely affect any neighboring properties, any County agencies.  The Amended Plat will not result in any additional lots.  Staff finds that this request meets the requirements of the Larimer County Land Use Code.

The Development Services Team recommends approval of the Amended Plat of Parcel 1 of the Maisch Exemption and a Portion of Section 25 Township 5 Range 69, subject to the following conditions and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature:

1.   All conditions of approval shall be met and the Final Plat recorded by November 15, 2006, or this approval shall be null and void.

2.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department, in his letter dated April 25, 2006.

3.   Prior to recordation of the Final Plat the applicant shall make the changes to the plat as required by Samantha Mott, Planner I of the Larimer County Planning Department, in her letter dated April 25, 2006.

 

5.  OHANA MINOR LAND DIVISION – #06-S2552:  This is a request to include a Minor Land Division to divide a 65 acre parcel into three lots with existing dwellings.  Lot 2 and Lot 3 will continue to include non-conforming accessory dwellings.  The property was formerly known as Wilderness Ranch, and many of the structures and dwellings on the property have been in existence since the early 1950’s.  The applicant is proposing to divide the property so that three of the five residential structures are on separate lots.  The other two residential structures (one for farm labor and the other a cabin) will continue to remain on the property as non-conforming accessory living areas.  Each of the five structures have been rented as separate living quarters as part of the operation of the Wilderness Ranch.  The current property owner is planning to convey the three new lots to family members so that each can qualify for their own financing to rehabilitate the dwellings.  The property will be managed by a family trust.  Each of the three main dwellings has separate utilities and septic systems.  All three lots will share the existing access through the dedication of an easement and associated Road Maintenance Agreement.  Two shared wells will provide water to the three new lots.  The applicant has submitted a requested Well Sharing and Well Maintenance Agreement.

The following agencies provided comments regarding this request:

·  The Larimer County Department of Health and Environment commented on the provision of water and sewer service for the lots.  Due to the date of the dwellings construction, the Health Department does not have any record of the septic systems.  At the time building permits are requested, the Health Department will need to review the septic system design and capacity.  In addition, the department commented on the proposal for a shared well system for the newly created lots, and indicated the necessity of receiving a positive opinion from the Colorado Division of Water Resources regarding water quality and quantity.

·  Comments from the office of the State Engineer, Division of Water Resources, indicate that the proposed water supply (shared well system) will not cause material injury to decreed water rights.  The State Engineer’s Office confirmed that they were unable to comment on the adequacy of the water supply since no information was included concerning the quality, quantity and dependability of the water.  Staff would like to note that although this information was not reviewed by the State Engineer, the water supply has historically been used for the existing dwellings.  The property owner should be aware that any change to the proposed water supply may require approval from the State Engineer. 

·  The Land Surveyor of the Larimer County Engineering Department required several corrections.

·  The Engineering Department provided comments regarding access, right-of-way dedication requirements, street naming, and Buckhorn Creek.

·  Katherine Huber, of the Building Department provided comments addressing the individual dwellings.  The applicant will need to work with Ms. Huber to provide a name for the access easement which will be included on the plat.

The proposed Ohana Minor Land Division will comply with the requirements of the Land Use Code with the conditions recommended by the Development Services Team.  The Development Services Team recommends approval of the Ohana Minor Land Division, subject to the following conditions and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature:

1.   All conditions of approval shall be met and the Final Plat recorded by November 15, 2006, or this approval shall be null and void.

2.   Prior to recordation of the Final Plat, the applicant shall make the technical corrections noted by Dale Greer, Professional Land Surveyor, as outlined in his letter dated March 31, 2006.

3.   Prior to recordation of the Final Plat, the applicant shall address the comments from Matthew Johnson, regarding access to the lots, right-of-way dedication requirements, street naming, and the delineation of Buckhorn Creek on the plat.

4.   Prior to recordation of the Final Plat, the applicant shall modify the plat to include a street name for the access easement.

5.   Prior to recordation, the Final Plat shall be modified to include a signature block for any lienholders.

6.   Prior to recordation, the Final Plat shall be modified to include 20 foot utility easements along all road right-of-ways, lot lines, and existing facilities.

 

6.  RED FEATHER HIGHLANDS LOTS 46 & 47 LOT CONSOLIDATION - #06-S2556:  This is a request for a Lot Consolidation to combine lots 46 and 47 in Red Feather Highlands into one lot.  If approved, the recording instrument for this application will be a Finding and Resolution from the Board of County Commissioners.   

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 Lots 46 and 47 in Red Feather Highlands will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots. The 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 46 and 47 in Red Feather Highlands to be known as Lot 46A of the Lot Consolidation Resolution of Lots 46 and 47 Red Feather Highlands, County of Larimer, State of Colorado 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 executed deed and resolution of the County Commissioners recorded by November 15, 2006, or this approval shall be null and void.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve Items 1, 2, 4, 5 and 6, as listed on the Consent Agenda and outlined above.

Motion carried 2-0.

 

Kirk Hendricks addressed the Board and thanked Larimer County, and specifically Samantha Mott, for the dedication and hard work regarding Item 4 on the Consent Agenda. 

Mr. Helmick asked the Board to review Agenda Item 7, as Ms. Bertrand was discussing Item 3 with planning staff.

 

7.  SAUNDERS APPEAL - #06-G0105:  This is a request to appeal Section 4.3.4.I of the Land Use Code that describes a child care home.   One of the characteristics of a child care home is that it operates in a residence.  The applicant proposes to convert an existing, detached garage as the child care facility, and not the existing residence on the property.

The Land Use Code application process for an appeal of a code requires that the Board of County Commissioners determine, within 14 days of receiving the application, whether the application will be referred to the Planning Commission.  The Board approved sending this appeal application to the Planning Commission because of the potential for neighborhood concerns with changing the use of the building from garage to a daycare facility.  A Planning Commission hearing was held on April 19, 2006.  However, there were no objections or concerns offered by neighboring property owners or Planning Commission members.

The Planning Commission and Development Services Team recommend that the Board of County Commissioners approve the Saunders Appeal, subject to the following conditions:

1.  The owners shall obtain and finalize all required building permits for the conversion of the detached garage to a child care home prior to commencing use.

Mr. Stewart addressed the Board, and explained that the current resident wants to transform the existing detached building into a Montessori preschool.  The applicant will be licensed through the State, and all sanitation and parking issues will be addressed.  Wendy Saunders, applicant, addressed the Board and assured them that there would be no more than eight children.  She also said that there would be more than enough parking for parents and children, and seeing as how her home is the first one on the street; the traffic would not interfere with the rest of the neighborhood.

 

There was no public comment on this item.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the Saunders Appeal, subject to the conditions outlined above.

Motion carried 2-0.

 

Mr. Helmick then requested that Item 3 be tabled, per applicant request, for further review. 

 

M O T I O N

Commissioner Wagner moved that the Morrill Subdivision Lot 7A Easement Vacation be tabled to June 26, 2006, at 3:00 p.m.

Motion carried 2-0.

 

The hearing adjourned at 3:20 p.m.

 

TUESDAY, MAY 16, 2006

 

ADMINISTRATIVE MATTERS

(#55 & 56)

 

The Board of County Commissioners met at 9:00 a.m. with Assistant County Manager Neil Gluckman. Chair Gibson presided and Commissioners Rennels and Wagner were present.  Also present were:  Deni LaRue, and Donna Hart, Commissioners Office; Ginny Riley, Human Services Department; Herb Covey, Colorado State Department of Human Services; Vaughn Baker, Kyle Patterson, and Julie Jones, Representatives from Rocky Mountain National Park; Judy Dorsey, Brendle Group Incorporated; Jim Reidhead, Rural Land Use Center; Joni Friedman, and Geniphyr Ponce-Pore, Workforce Center; Al Kadera, Planning Department; Candice Phippen, Building Department; Jay Hardy, Fairgrounds and Events Center; George Hass, County Attorney; and Kristen Romary, and Gael Cookman, Deputy Clerks.

 

1.  PUBLIC COMMENT:   Dawn Niesent and Kristy Lahnert, residents of Bellvue, addressed the Board in regards to the Columbine Lodge Campground.  Ms. Niesent voiced her concerns with the overcrowding of people and vehicles on this property, which is adjacent to her home, as it is a popular area for campers who attend events at the Mishawaka Inn.  Discussion ensued regarding the noise and debris caused by the illegal camping. Ms. Lahnert also addressed the Board, and presented photographs of the campsite over the weekend.  Al Kadera of the Planning Department addressed the Board and said that the septic system was limited to use by 25 people only, he then suggested that the County Attorney should get involved.  Mr. Lancaster said that there was an option to enforce a Temporary Restraining Order (TRO) on the property.  The Commissioners agreed that this was an issue that needed to be resolved.

Virginia Brown addressed the Board and voiced her concerns regarding fluoride in the drinking water of Larimer County along with mercury found in childhood vaccinations.  Ms. Brown claims that she suffers from chronic fluoride poisoning as a direct result of water fluoridation.  She presented an article to the Board, which claims that fluoride consumption and autism in children is linked.  Ms. Brown also explained the detrimental effects of childhood vaccinations which contain mercury, and that the amount of mercury found in certain vaccinations far exceeds the maximum dosage for children.  Ms. Brown asked that the City of Fort Collins and the County Commissioners take a closer look at these issues.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 8, 2006

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of May 8, 2006, as amended.

Motion carried 3-0.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK OF MAY 22, 2006:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA: 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for May 16, 2006:

 

PETITIONS FOR ABATEMENT:  As recommended by the Assessor, the following Petitions for Abatement are approved:  Raymond Lobdell; Randall and Ellen Wright; Valley Air SVC; Mack Ventures; Russell Keys; and Campbell Development.

 

05162006A001           CONDOMINIUM IMPROVEMENT AGREEMENT FOR RIVERS EDGE CONDOMINIUMS BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND EP DEVELOPERS, LLC

05162006A002           DEVELOPMENT PLAN IMPROVEMENT AGREEMENT FOR RIVERS EDGE CONDOMINIUMS BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND EP DEVELOPERS, LLC

05162006R001           FINDINGS AND RESOLUTION APPROVING THE PITTINGTON PRELIMINARY RURAL LAND PLAN

05162006R002           FINDINGS AND RESOLUTION APPROVING THE BADGER HOLE PRELIMINARY RURAL LAND PLAN

05162006R003           FINDINGS AND RESOLUTION APPROVING THE KAPAUN/MARSHALL/WACHA PRELIMINARY RURAL LAND PLAN

05162006R004           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF ACCESS AND UTILITY EASEMENT FOR LOTS 6, 7, AND 8, BLOCK 5, AND A PORTION OF LOT 15, BLOCK 4 IN SOUTH NOKOMIS LAKE SUBDIVISION

05162006R005           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 7, 8, AND 9 IN LAWRENCE HEIGHTS SUBDIVISION

05162006R006           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 1 AND 2 IN HIGHLAND HILLS SUBDIVISION 2ND FILING

05162006R007           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 3 AND 4 OF CRYSTAL LAKES SUBDIVISION 13TH FILING

05162006R008           RESOLUTION REGARDING EXTENSION OF APPROVAL OF AMENDED PLAT FOR MCCORMICK MRD LOTS 1 AND 2 (FILE #05-S2506)

LIQUOR LICENSES:  The following licenses were approved and issued: JJ's Lounge - Tavern - Fort Collins; Riverbend Resort - 3.2% - Loveland.   The following license was issued:  Northern Colorado Potters Guild - 6% Special Events Permit - Fort Collins.

Motion carried 3-0.

 

5.  PRESENTATION OF "LEGISLATIVE INTENT" RESOURCE GUIDES: Ms. Riley introduced Herb Covey from the Colorado State Department of Human Services, and presented updated copies of the resource guide for the Board.  Mr. Covey explained the resource guide and some discussion ensued.  The Board thanked Mr. Covey for providing the updated information.

 

6.   ROCKY MOUNTAIN NATIONAL PARK UPDATE:  Mr. Baker displayed a lengthy slide show presentation for the Board regarding the many aspects of operations within Rocky Mountain National Park, including their budget situation, elk population control, search and rescue efforts, Mountain Pine Beetle infestation, construction of a new fire station, proposal for a new bus/hiker service, and increasing group camping a recreation sites.   

 

7.   RESOLUTION FOR NORTHERN COLORADO CLEAN ENERGY CLUSTER:  Ms. Dorsey explained that a number of public and private entities are joining together to promote the development of clean energy technology in Larimer County through a Clean Energy Cluster.  Discussion ensued regarding the term "Cluster" and Ms. Dorsey explained that the term describes both the organizations involved and the projects that will result from their collective efforts.  Commissioner Rennels read the resolution aloud.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the Resolution to join the efforts of the Colorado State University, the Northern Colorado Economic Development Corporation, the Fort Collins Area Chamber of Commerce, Poudre School District, the City of Fort Collins and private enterprise in developing a Clean Energy Cluster for Northern Colorado.

Motion carried 3-0.

 

05162006R009           RESOLUTION TO JOIN THE EFFORTS OF THE COLORADO STATE UNIVERSITY, THE NORTHERN COLORADO ECONOMIC DEVELOPMENT CORPORATION, THE FORT COLLINS AREA CHAMBER OF COMMERCE, POUDRE SCHOOL DISTRICT, THE CITY OF FORT COLLINS AND PRIVATE ENTERPRISE IN DEVELOPING A CLEAN ENERGY CLUSTER FOR NORTHERN COLORADO.

 

8.  WORKSESSION:  Mr. Lancaster updated the Board on recent incidents regarding inmates at the Detention Center.

 

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

 

10.  LEGAL MATTERS:  Executive Session (affidavit provided). 

 

M O T I O N

Commissioner Rennels 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.

At this time Commissioner Wagner left the meeting to attend a scheduled meeting in Denver.

 

The Executive Session ended and the following action was taken:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize the County Attorney to seek temporary restraining orders against the owners of the Mishawaka Inn and the Columbine Lodge for illegal camping on their properties.

Motion carried 2-0.

 

The meeting adjourned at 11:40 a.m.

 

THURSDAY, MAY 18, 2006

 

WORKSESSION REGARDING APPLICANTS FOR

BOARDS AND COMMISSIONS

(No audio available)

 

The Board of County Commissioners met at 1:30 p.m. with Cheri Pineda, Commissioners Office Secretary.  Chair Gibson presided and Commissioners Wagner and Rennels were present.  Also present was Gael Cookman, Deputy Clerk.

 

Ms. Cookman presented an application for Transfer of Ownership of the Fox Acres Country Club and explained that the new owner, The Fox, LLC, has applied for a temporary permit to continue operating the business until their liquor license is approved.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the Transfer of Ownership of Fox Acres Country Club to The Fox, LLC, and authorize issuance of a temporary permit to The Fox, LLC.

Motion carried 3-0.

  __________________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

___________________________________

Gael M. Cookman, Deputy Clerk   

 

 

___________________________________

Kristen Romary, Deputy Clerk   

 

 

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