MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, june 26, 2006
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Russ Legg, Chief Planner. Chair Gibson presided, and Commissioners Wagner and Rennels were present. Also present were: Sean Wheeler, Planning Department; Dave Shirk, Estes Park Community Development Department; Doug Ryan, Environmental Health Department; Matthew Johnson and Tracy Downs, Engineering Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.
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 5 were on consent and would not be discussed unless requested by the Board, staff, or members of the audience:
1. SILVER TREE SUBDIVISION PRELIMINARY PLAT: This is a request to subdivide a 39-acre parcel into four single-family residential lots and a non-buildable outlot. The property has a deed restriction that limits development to four lots. All utilities are available to serve the project. The four lots will share a common driveway accessing from Silver Tree Lane.
Staff recommends approval of the requested Silver Tree Subdivision Preliminary Plat subject to the conditions recommended by the Planning Commission, and authorize the Chair to sign the plat when the conditions are met and the plat is presented for signature. On Tuesday, May 16, 2006, the Estes Valley Planning Commission found:
1. Pursuant to C.R.S.30-28-110, sub-section 4(a), “no plat for subdivided land shall be approved by the Board of County Commissioners unless at the time of the approval of platting the subdivider provides the certification of the county treasurer’
2. Adequate public facilities are available to serve the proposed subdivision.
3. A Development Agreement, Disclosure Notice, and Subordination Agreement will be required with the Final Plat.
4. 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.
5. This subdivision is subject to compliance with applicable sections of the EVDC. These include, but are not limited to: Chapter 3 “Review Procedures and Standards”, Chapter 7 “General Development Standards”, Chapter 10 “Subdivision Standards”, Appendix B “Submittal Requirements, Appendix D “Road Design and Construction Standards”. Staff recommends the applicant familiarize himself with these various requirements.
6. This is a Planning Commission recommendation to the Board of County Commissioners;
The Planning Commission voted unanimously to recommend approval of the proposed Silver Tree Subdivision conditional to:
2. SILVER TREE SUBDIVISION FINAL PLAT: This is a request to subdivide a 39-acre parcel into four single-family residential lots and a non-buildable outlot. The property has a deed restriction that limits development to four lots. All utilities are available to serve the project. The four lots will share a common driveway accessing from Silver Tree Lane.
Staff recommends approval of the requested Silver Tree Subdivision Final Plat with the following conditions and authorizes the Chair to sign the plat when the conditions are met and the plat is presented for signature:
3. RIVER'S EDGE FINAL CONDOMINIUM MAP: This is a request to finalize four condominium units. The Board of County Commissioner approved the River’s Edge Condominium Map on March 20, 2006. That approval provided 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.
Staff recommends approval of the requested River’s Edge Condominiums Supplemental Map #2 (Units 5, 6, 7, and 8) and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature conditional to compliance with memo from Greg White to Dave Shirk dated May 24, 2006.
4. FOX ACRES ENVELOPE J AMENDED PLAT - #06-S2574: This is a request for an Amended Plat to formally locate 25 building sites at Envelope J of the Fox Acres Country Club. In 1999 the Board of County Commissioners approved the number of building sites for this building envelope.
In 1999, the Fox Acres Country Club received approval to locate 25 residential building sites within Envelope “J” of their site, and with an amended plat to be processed at a later time to formally locate the specific building sites. The current request is the follow-up application to the 1999 approval. For background the Fox Acres Country Club was first approved in 1979 as a Master Planned community. There are 4 filings along with a variety of lot sizes and configurations. The project was first approved with 225 lots on 459 acres, along with the golf course and support facilities. Fox Acres also has its own water and sewer associations on-site to provide these services to the individual lots. Fox Acres is located on the northeast side of the Red Feather Lakes Subdivision, off Prairie Divide Road. As a technical note, the plat provided for this review includes 28 residential lots and not 25 as approved. It will need to be corrected before the Amended Plat can be finalized.
The Engineering Department did note that access to the building sites within Envelope “J” must be designed to provide for safe vehicular circulation, per the requirements found in the Larimer County Road Manual. The applicant must provide a drainage plan for review and approval by the Engineering Department as well. Finally, there are some minor technical items on the survey that need to be corrected before the plat can be recorded.
The Health Department indicated that because of the existing water and sewer services to the lots in Fox Acres, verification of these services being available will be done as part of the building permit review. The Health Department did not raise any objections or concerns regarding this request.
Planning Staff does not have any objection to approval of this request. As noted, the number of platted lots needs to be corrected and reduced from 28 to 25. Also, the title must be corrected and “Cabins In The Woods” removed. This title can be used for marketing purposes, but for platting purposes the document should be titled “The Amended Plat, of the Previously Amended Plat of Envelope J….” as shown on the draft plan. As a final technical note, all residential sites shown within Envelope “J” shall be tied to the surveyed property boundary with a dimension line to establish the location of the building envelope.
No outside agencies contacted staff regarding this Amended Plat to object to its being approved.
Staff concludes this project satisfies the requirements for an Amended Plat. The result will not increase the number of allowed residential uses already permitted at the site. No one individual or agency contacted staff to object to this application being approved. Based on this assessment, Staff supports approval of the Amended Plat of the Amended Plat of Envelope “J” of the Fox Acres Country Club.
The Development Services Team finds:
The Development Services Team recommends approval of the Amended Plat of the Amended Plat of Envelope “J” of the Fox Acres Country Club 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 December 12, 2006, or this approval shall be null and void.
2. The Larimer County fees for County and Regional Transportation Capital Expansion shall be collected at building permit issuance for new single family dwellings. The fee amount that is current at the time of building permit application shall apply.
3. Envelope “J” shall be developed consistent with the approved Amended Plat in File
#6-S2574 and not to exceed 25 residential uses.
4. All technical corrections to the final plat required by the County Engineering Department and the County Planning Department shall be made prior recording the final plat.
5. The applicant shall satisfy the requirements of the County Engineering Department in the memo dated June 7, 2006, that states the following:
- The private access road within Envelope “J” shall be designed to meet the private road construction standards found in the Larimer County Road Manual. The applicant shall contact the County Engineering Department to obtain information on the requirements for a private road and to obtain a construction and access permit.
- The applicant shall provide a drainage plan for review and approval by the County Engineering Department within 6 months of the approval of the Amended Plat.
5. MORRILL SUBDIVISION LOT 7A EASEMENT VACATION - #06-S2526: This is a request to vacate a portion of a 30-foot access easement to resolve an encroachment issue from an existing carport and deck.
This item was tabled from May 15, 2006, to allow additional time for the applicant and Planning and Engineering Department Staff to reach a compromise concerning the extent of the proposed easement vacation. This application requests the vacation of a 30-foot access easement to resolve an encroachment issue from an existing carport and deck. The existing house encroaches 2 feet into a private road easement that is 40 feet wide and provides access to lots in the Morrill Subdivision. The carport was added in the summer of 2005 without a building permit and encroaches 17 feet into the road easement. The Planning Department is currently processing a setback variance to allow a single family dwelling to be located 3 feet from the edge of a road easement, rather than 25 feet as normally required. The Planning Department recommended denial of this variance, however, the setback variance was approved by the Board of Adjustment on April 25, 2006, with the condition that the carport be trimmed back from the curb edge of the road 20 inches.
The Building Department has stated that the carport was constructed without a permit. If this application is approved a building permit and all required inspections must be conducted and approved.
The Development Services Team recommends approval of the Morrill Subdivision Easement Vacation, a request to vacate a portion of a 30-foot access easement as outlined in the attached documentation and subject to the following conditions:
1. Prior to recordation of the easement vacation, the proposed area of easement vacation shall be modified to be even with the edge of the carport. This condition must be met as part of a building permit. The building permit for the modified carport must be issued no later than 120 days after the Board of Commissioners action.
2. A disclosure notice shall be recorded with the title of the property notifying future property owners of Lot 7a in the Morrill Subdivision that they will be required to remove the carport, at their expense, if the adjacent and future easement users wish to fund and construct a wider road to the east in the future. This disclosure notice shall be reviewed and approved by the Planning Department prior to recordation of the easement vacation.
3. 4-inch pipe bollards shall be installed adjacent to the private drive, as requested by Poudre Fire Authority. These pipe bollards shall be filled with concrete, be spaced no further than 4-feet apart and shall also run the length of the berm. These bollards shall also be painted with a retro-reflective paint to provide visibility at night. These must be installed, inspected and approved by Poudre Fire Authority prior to final inspection of the car port reconstruction.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve Items 1 through 5, as listed on the Consent Agenda and outlined above.
Motion carried 3-0.
The meeting adjourned at 3:05 p.m.
TUESDAY, JUNE 27, 2006
(#74 & #75)
The Board of County Commissioners met at 9:30 a.m. with Assistant County Manager Neil Gluckman. Chair Gibson presided and Commissioners Rennels and Wagner were present. Also present were: Deni LaRue, Donna Hart, and Cheri Pineda, Commissioners Office; Doug Buffington, Gary Johnson, and Bob McDonald, Risk Management Alliance, LLC; Scott Cornell, Engineering Department; Dale Miller, Road and Bridge; Candace Phippen, Building Inspections; Stephen Gillette, and Cheryl Kolus, Solid Waste Department; Dale Lockwood, Environmental Advisory Board; Doug Ryan, Health Department; George Hass, County Attorney; and Kristen Romary, Deputy Clerk.
1. PUBLIC COMMENT: There was no public comment today.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 19, 2006:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of June 19, 2006.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULES FOR THE WEEK OF JULY 3, 2006, AND JULY 10, 2006: Ms. Hart reviewed the upcoming schedules 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 June 27, 2006:
06272006A001 CONTRACT FOR COLORADO ECONOMIC DEVELOPMENT COMMISSION ENTERPRISE ZONE PROGRAM BY AND BETWEEN THE STATE OF COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY
06272006A002 AMENDMENT NUMBER THREE (3) TO THE SUBCONTRACT BETWEEN THE REGENTS OF THE UNIVERSITY OF COLORADO AND LARIMER COUNTY WORKFORCE CENTER
06272006A003 STREETS OVER SIZING AGREEMENT BY AND BETWEEN THE CITY OF LOVELAND AND LARIMER COUNTY
06272006A004 U.S. DEPARTMENT OF INTERIOR BUREAU OF RECLAMATION LICENSE AGREEMENT BETWEEN U.S. DEPARTMENT OF INTERIOR BUREAU OF RECLAMATION AND LARIMER COUNTY
06272006D001 DEED OF DEDICATION BY STEVEN C. SHEVENOCK AND CAROLEE NOVAK FOR SAID PROPERTY AS A PUBLIC HIGHWAY
06272006D002 DEED OF DEDICATION BY RANDY C. GUSTAFSON AND JANETTA F. GUSTAFSON FOR SAID PROPERTY AS A PUBLIC HIGHWAY
06272006D003 DEED OF DEDICATION BY ETHAN A. UNGER OF SAID PROPERTY AS A PUBLIC HIGHWAY
06272006D004 DEED OF DEDICATION BY DARRELL D. POULTER FOR SAID PROPERTY AS A PUBLIC HIGHWAY
06272006R001 RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR BRUNS PUBLIC IMPROVEMENT DISTRICT #35
06272006R002 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR VISTA GRANDE PD LOTS 41 AND 42 AMENDED PLAT
06272006R003 FINDINGS AND RESOLUTION APPROVING THE MAGIC SKY RANCH SPECIAL REVIEW CHANGE OF CONDITION AND AMENDMENT TO DEVELOPMENT AGREEMENT
06272006R004 FINDINGS AND RESOLUTION APPROVING AMENDED PLAT IN LITTLE VALLEY SUBDIVISION 2ND FILING
06272006R005 FINDINGS AND RESOLUTION APPROVING THE RIVER’S EDGE FINAL CONDOMINIUM PLAT MAP FOR UNITS 3 AND 4
06272006R006 FINDINGS AND RESOLUTION APPROVING THE RIVER’S EDGE PRELIMINARY CONDOMINIUM MAP
06272006R007 FINDINGS AND RESOLUTION APPROVING THE THIRD SUPPLEMENTAL MAP OF RAMBLING RIVER CONDOMINIUMS
06272006R008 FINDINGS AND RESOLUTION APPROVING THE HARDING REZONING
06272006R009 FINDINGS AND RESOLUTION APPROVING THE STASZAK APPEAL TO EXPAND A NONCONFORMING RESIDENCE
06272006R010 FINDINGS AND RESOLUTION APPROVING THE SHIELDS/LAFARGE ANNEXATION DETERMINATION APPEAL
06272006R011 FINDINGS AND RESOLUTION APPROVING THE CHOICE CITY BUSINESS PARK PLANNED LAND DIVISION PRELIMINARY PLAT AND REZONING TO PLANNED DEVELOPMENT
06272006R012 FINDINGS AND RESOLUTION APPROVING THE LUCHT REZONING
06272006R013 FINDINGS AND RESOLUTION APPROVING THE BLUE MOUNTAIN WINERY SPECIAL EXCEPTION
MISCELLANEOUS: Memorandum of Understanding for the Colorado Works Program and the Colorado Child Care Assistance Program; River’s Edge Condominium Final Plat.
LIQUOR LICENSES: The following license was approved and issued: 7-Eleven Store #32276A – 3.2% Beer Retail – Fort Collins. The following license was issued: Fox Acres Country Club – Hotel and Restaurant with Optional Premise – Red Feather Lakes.
Motion carried 3-0.
5. LARIMER COUNTY BUSINESS CONTINUITY PLAN: Mr. Gluckman presented the County Business Continuity Plan which includes the methodology used to resume partially or completely interrupted critical functions within a predetermined time after a disaster or disruption. He stated that the purpose today was to notify the Board that the written form of the plan has been completed and Risk Management wanted to provide an opportunity for discussion on the issue. Mr. Gluckman said that in July there will be a review of the plan with department heads along with the Commissioners, also, a tabletop exercise will be conducted. Mr. Buffington explained that although the framework of the plan is specific to Larimer County, this is a cooperative project with other neighboring counties in the state. He explained some of the critical functions of the plan, and outlined several key organizational aspects as well.
6. COLORADO COUNTIES, INC. (CCI) 2007 LEGISLATIVE ISSUES: Mr. Gluckman explained that CCI is soliciting potential legislative issues that Larimer County would like to see discussed at the future CCI steering committee meetings. Dale Miller, Candace Phippen, and Scott Cornell presented legislative issues to be reviewed and discussed by the Board.
7. LARIMER COUNTY RECYCLING UPDATE: Mr. Gillette addressed the Board and provided an update on how recycling is progressing throughout the Larimer County offices. He explained that the County is on track this year to far exceed the total amount of items recycled compared to last year. Ms. Kolus attributes the increased recycling to the single-stream bins located throughout each office. Also, Mr. Engemoen stated that he felt the increase in recycling was directly related to heightened awareness and education.
8. BOARDS AND COMMISSIONS APPOINTMENTS AND REAPPOINTMENTS: Cheri Pineda outlined appointments to the Boards and Commissions as follows: Community Corrections Advisory Board: Philip Bolduc, Jade Bozmans, M. Janet Laughon, William Sublette, and James Wacker, reappointed for a 3-year term beginning July 1, 2006, and ending June 30, 2009. Kraig Ecton, Herbert Miller, and Sidney Simonson, appointed to a 3-year term beginning July 1, 2006, and ending June 30, 2009. Jeffrey Foote appointed for a 2-year term to fill and unexpired term for Jennifer Rehder, beginning July 1, 2006 and ending June 30, 2008. Juvenile Community Review Board: Beth Dickson, Megan Einerson, Andy Josey, and Michelle Leschinsky, reappointed to a 3-year term beginning July 1, 2006, and ending June 30, 2009. Karen Rohloff and Michael Ruttenberg, appointed to a 3-year term beginning July 1, 2006, and ending June 30, 2009. Latino Issues Task Force: Lynn Adame, Mary Anderson, Julie Duran, Marie Edwards, Ernest Giron, Linda Leal-Cardenas, and Kimberly Salinas, reappointed to a 1-year term beginning July 1, 2006, and ending June 30, 2007. Betty Aragon-Mitotes, Timio Archuleta, Daniel Garcia, Dave Munoz, Lenina Olivas, and Carlos Romero, appointed to a 1-year term beginning July 1, 2006, and ending June 30, 2007.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the appointments to the Boards and Commissions as outlined above.
Motion carried 3-0.
9. WORKSESSION: Dale Lockwood, of the Environmental Advisory Board, addressed the Board and explained the draft of the Environmental Impact Statement for the Rocky Mountain National Park Elk and Vegetation Management Plan. He stated that the Park Service is proposing to proceed with “Alternative 2” of the plan, which relies on rapid initial lethal removal followed by more moderate culling, limited aspen fencing, redistribution techniques such as herding, and possible use of wolves. Mr. Lockwood stated that this proposal would have the biggest impact in the shortest amount of time. Mr. Ryan also spoke briefly on this issue.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve to move forward with the draft of “Alternative 2” of the Environmental Impact Statement for the Rocky Mountain National Park Elk and Vegetation Management Plan.
Motion carried 3-0.
10. COMMISSIONER REPORTS: The Board discussed their attendance at events during the past week.
11. LEGAL MATTERS:
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. and for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators as outlined in 24-6-402(4)(e) C.R.S.
Motion carried 3-0.
The Executive Session ended at 12:25 p.m., with no further action taken.
The Board of County Commissioners reconvened at 2:00 p.m. with Jon Cowling, Chief Appraiser. Chair Gibson presided and Commissioners Rennels and Wagner were present. Also present were: Diane Hintz, and Ann Piccone, Assessor's Office; and Gael Cookman, Deputy Clerk.
Mr. Cowling stated that the petitioner, Mr. Farshad Nojoumi, was the owner of The Avenue nightclub that is no longer in business. Mr. Cowling explained that Mr. Nojoumi has filed for an abatement of personal property taxes for 2004 and 2005 due to the fact that he included many items that are non-taxable, and he over-inflated the cost of the opening equipment based upon bad advice from his business partner. Mr. Cowling stated that the Assessor's Office is recommending denial based on the admitted inflation of value Mr. Nojoumi disclosed in order to procure a sale of this business.
Mr. Nojoumi admitted that he did in fact state that the property was valued more than its worth because his business partner assured him that there was an interested buyer for the business, and placing a higher value on the assets meant that he could sell the business for a greater profit. Mr. Nojoumi stated that he also included many items in the over-inflated line item that should not have been there and been assessed taxes to begin with. (Items such as carpet, tile, paint, silverware, glasses, pot and pans, etc.) Mr. Nojoumi asked that the Board consider this and reduce the taxes assessed based on this information.
Ms. Hintz explained that she asked Mr. Nojoumi for a detailed listing of these items in January of 2006, but she has not received a list regarding the items that should not have been taxed. Some discussion ensued.
Chair Gibson opened up the hearing for public comment and Faro Nojoumi, brother of the petitioner, addressed the Board. Mr. Nojoumi stated that his brother is much younger and inexperienced and ran across a business partner of questionable character. Mr. Nojoumi stated that his younger brother had no intentions of misleading anyone, but that he made poor decisions due to his age and inexperience.
Emily Otero, fiancée of Farshad Nojoumi, agreed that her fiancée's decisions displayed a lack of experience. She noted that he wants to pay what he owes, but he wants it to be based upon what he actually owes, not what was disclosed in error and with bad judgment. Chair Gibson closed public comment.
Commissioner Wagner explained that unfortunately there is no allowance for poor judgment or lack of experience, and noted that she would agree to uphold the Assessor's recommendation of denial. Commissioner Rennels agreed that it was unfortunate that Mr. Nojoumi got mixed up with a bad business partner, but that the County could not be expected to pick up the pieces or foot the bill when individuals make bad business decisions. Chair Gibson questioned whether or not the Assessor's Office should have taken a closer look at the figures, since the line item for opening equipment was so much larger than the rest; however, he agreed to uphold the Assessor's recommendation of denial.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners uphold the Assessor's recommendation and deny the Petition for Abatement for The Avenue, c/o Farshad Nojoumi, Schedule Number P8277023, for the 2004 and 2005 tax years.
Motion carried 3-0.
The meeting recessed at 2:35 p.m.
FRIDAY, JUNE 30, 2006
The Board of County Commissioners met at 3:00 p.m. Chair Gibson presided and Commissioners Rennels and Wagner were present. Also present were: Al Kadera, and Wendy Dionigi, Planning Department; Candice Phippen, Building Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.
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.
The Executive Session ended at 3:35 p.m. with no further action taken.
GLENN W. GIBSON, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk
Kristen Romary, Deputy Clerk