> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 08/28/06  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, AUGUST 28, 2006

 

LAND USE HEARING

(#103)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Gibson presided, and Commissioners Wagner and Rennels were present.  Also present were:  Traci Downs, Engineering Department; David Karan, Matt Lafferty, and Samantha Mott, Planning Department; Doug Ryan, Environmental Health Department; Candice Phippen, and Chad Gray, Code Compliance; David Ayraud, 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 then noted that Items 1 through 3 are on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.  SOUTH NOKOMIS LAKE SUBDIVISION LOTS 11, 12, AND 13, BLOCK 14 LOT CONSOLIDATION - #06-S2602:  This is a request to combine 3 adjacent lots (lots 11, 12, and 13 of block 14) in the South Nokomis Lake Subdivision into one building 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 11, 12, and 13, Block 14 of the South Nokomis Lake Subdivision 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 for Lots 11, 12, and 13, Block 14 of the South Nokomis Lake Subdivision, subject to the following conditions:

 

1.   All conditions of approval shall be met and the final resolution of the County Commissioners recorded by February 28, 2007 or this approval shall be null and void.

2.   The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

 

2.  RAMONA HEIGHTS SUBDIVISION LOTS 1A AND 1B, BLOCK 10 LOT CONSOLIDATION - #06-S2601:  This is a request to combine two adjacent lots, lots 1A and 1B of Block 10, in Ramona Heights Subdivision into one building 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 1A and 1B, Block 10 of the Ramona Heights Subdivision 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 Review Team recommends approval of the Lot Consolidation for Lots 1A & 1B, Block 10 of the Ramona Heights Subdivision, subject to the following conditions:

 

1.   All conditions of approval shall be met and the final resolution of the County Commissioners recorded by February 28, 2007 or this approval shall be null and void.

 

2.   The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

 

3.  ASHCROFT KENNELS 2ND AMENDED SPECIAL REVIEW - #06-Z1585:  This is a request to amend the Amended Ashcroft Special Review (File #04-Z1518) to expand an existing dog kennel.

On June 21, 2006, the Development Services Team presented this Special Review request to the Planning Commission as a consent item.  The request is to expand the current use from 160 to 260 dogs.  No public testimony regarding the Ashcroft Kennels 2nd Amended Special Review was offered. Therefore, the Planning Commission made a recommendation to approve this Special Review as recommended by the Development Services Team.

The Planning Commission and the Development Services Team recommend approval of the Ashcroft Kennels 2nd Amended Special Review based upon the following conditions:

 

1.   The kennel operation shall be conducted in accordance with the Larimer County Noise Ordinance at all times. 

2.   If noise complaints are received and a violation is substantiated by Health Department staff, the operator shall take all necessary steps to reduce the noise in order to comply with the Ordinance.  Those steps may include, but not be limited to, conversion of existing kennel space to an indoor exercise area so that the kennel is a totally indoor facility.  Any violation may, at the County's discretion, trigger provisions of Larimer County Land Use Code, Section 21.2.B.2 and require the applicant to show cause why the Special Review Approval should not be revoked

3.   The kennel shall be licensed as a Pet Animal Care Facility by the Colorado Department of Agriculture, and shall comply with the regulatory standards they administer.

4.   In the event that the existing septic system(s) serving this property should need to be repaired or enlarged, an analysis of the feasibility to connect to public sewer will be required.

5.   A final landscaping, fencing, and lighting plans must be approved as part of the Site Plan Review. 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the consent agenda, as presented and outlined above.

Motion carried 3-0.

 

4.  PHEASANT RUN PARTNERS ZONING AND BUILDING CODE VIOLATIONS - #06-CC0015:  Pheasant Run Partners, LLC owns the subject property located just west of the I-25 and Mulberry intersection on the north side of Mulberry.  Jay H. Williams is the registered agent for Pheasant Run Partners.  James Smith has represented himself to be the agent of the owner.  Pheasant Run Partners, Jay Williams and James Smith were all served with copies of the Notice of this Hearing by regular and certified mail, and a copy of the Notice of Hearing was posted at the site. 

 

The owner of the property is in violation of the following sections of the Larimer County Land Use Code (LUC) and the 2003 International Residential Code (IRC) adopted by Larimer County:

Section 21.B (LUC):  “It is unlawful to  . . . erect, construct, reconstruct, remodel or improve any building or structure; or to alter or change the use of any real property or the improvements thereon without first obtaining all approvals required under this code and a building permit as required by the Building Code adopted by the county commissioners.”

Section 105.1 (IRC):  “Any owner . . . who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure . . . or to cause any such work to be done, shall first make application to the building official and obtain the required permit.”

By Virtue Of:

1.         Boarding horses on the property in violation of the C-Commercial Zoning District.

2.         Constructing one or more storage buildings on the property without building permits and inspection approvals.

 

3.         Converting an existing storage structure into a dwelling unit or office without required building permits and inspections approvals.

4.         Storing vehicles and accumulating junk and debris on the property in violation of the C-Commercial Zoning District.

5.         Developing the property without County Commissioner approval. 

 

The property is located within the City of Fort Collins Urban Growth Area and is subject to the IGA between Larimer County and the City of Fort Collins. The property is also located in a floodplain. 

 

A fire destroyed several outbuildings on the property in 2000, leaving two remaining structures on the property:  a two-story residence located in the front of the property and a one-story storage building located behind the residence.  The residence was boarded up by Code Compliance staff in 2000 pursuant to the Abatement of Dangerous Buildings Code and has remained vacant since that time.  The storage building remained vacant until late 2005 or early 2006 when the current owner began using the structure as an office and/or dwelling unit. 

The residence and storage building were considered non-conforming structures in the C-Commercial Zoning District until they remained vacant for more than a year.  Pursuant to Section 4.8.6 of the Land Use Code, if a non-conforming use is discontinued for more than twelve (12) consecutive months, the use cannot be re-established.  The residence and storage building cannot be used or occupied until change of occupancy permits are obtained for uses allowed in the C-Commercial Zoning District.  A building permit was issued to repair fire damage to the residence; however, the permit did not authorize the use or occupancy of the residence.  The present owner purchased the property in July 2003.

On October 24, 2005, the BCC heard an appeal (File 05-G0085) of the current owner to Section 5.2 of the Land Use Code to allow the use of the minor land division process to reconsolidate illegal lots and use the site plan review process to allow development of portions of the property before a planned development and planned land division are applied for and approved.  The BCC approved the Pheasant Run Appeal to allow the applicant to utilize the minor land division process to change the status of six illegal lots into two legal lots and to use the site plan review process to allow development of portions of the property.

To date, the owner has not submitted his application for a minor land division.  No site plan review process has taken place.  After the October 2005 Commissioner hearing, the owner erected metal corrals on site, starting boarding horses on the property, constructed one or more storage buildings on the property without building permits, started to display vehicles for sale, stored a semi-trailer, bus, trailers and other vehicles on the property, and allowed the use of the existing storage building as an office and/or residence.

A complaint was received by Code Compliance staff in January 2006 about horses being boarded on the property, unlicensed vehicles being stored on the property, outdoor storage on the property, and junk and debris on the property in violation of the Land Use Code.  An inspection was conducted on January 13, 2006, at which time Code Compliance staff delivered a Notice of Violation to the property manager James Smith, and spoke to Mr. Smith about having the horses and unlicensed vehicles, outdoor storage and junk and debris removed from the property.

 

After the initial inspection, the owner submitted a letter to Code Compliance staff dated February 13, 2006, explaining the Boulder County Court issued an order on November 15, 2005, to relocate horses from the Boulder area.  Jay Williams, a partner in Pheasant Run Partners, owned the horses and, as part of an emergency situation, was required to relocate the animals immediately.  The owner stated the horses were in a dangerous situation regarding their health and safety.  The owner also stated the boarding of horses on the subject property was never intended to be a permanent situation, but was rather a temporary solution. 

 

While sympathetic to the owner’s situation, Code Compliance staff let the owner know he needed to find an alternate location to board the horses, and staff would allow a sufficient amount of time for the owner to find an alternate site.  In March 2006, Code Compliance staff asked for a commitment in writing from the owner setting a deadline for the horses to be relocated to a site zoned for such use.  Despite several telephone conversations, letters and site visits since March 2006, the owner has not submitted anything in writing.

 

The property is currently subject to a minor land division and site plan review process.  Site plan review cannot be commenced for the property until the minor land division is approved.  No use of the property or structures on the property can take place until site plan review approval is completed.  Therefore, the horses and all outdoor storage and vehicles must be removed from the property, and all structures must remain vacant until County approval is obtained for the use of and structures on the property.

 

Staff recommends the Board of County Commissioners find that violations of the Larimer County Land Use and Building Code exist, require compliance within a time period set by the Commissioners, beginning on the date of this hearing, and authorize legal action if compliance is not met within the time period set. 

 

Mr. Gray explained the history and circumstances surrounding the alleged violations, as noted above.  Mr. Gray stated that he had been in touch with the property owner, Jay Williams, and he had gone to the property and noticed that there was some clean up and only one horse left on site. 

James Smith, representing Jay Williams, explained that they have removed the horses and debris; however, there the two semi-trailers and a bus are still located on the site.  He noted that the trailers are being used for storage and the bus is parked in front of the structure to protect the entrance and deter vandalism and trespassing, and asked that they be allowed to leave these items in place.  Mr. Smith stated that nobody is living on the property, but they intend to hire a night watchman also as a deterrent against crime and trespassing.   Finally, Mr. Smith stated that they have been moving slowly in obtaining the ability to develop the property due to flood plain issues; however, the ultimate goal is to create a retail site for antiques and art, and possibly selling horses.

Chair Gibson opened up the hearing for public comment.  Mr. Smith took this opportunity to publicly thank Ms. Phippen and her staff for their patience and assistance in this matter.  There was no further public comment.

Discussion ensued regarding how much storage is necessary on the property, and how the MLD application might affect or even cure the violations.  Mr. Lafferty explained that nine months ago Mr. Williams was granted the ability to create two parcels by utilizing the MLD process; however, the Planning Department has not received a site plan or MLD application since that time.  Mr. Smith stated that they will submit site plans and the application and have been working towards being able to accomplish this.  Mr. Smith stated that they have been conducting draining studies regarding flood plain issues, and they have been working with civil engineers and land surveyors in order to present an application and site plan that will meet all objectives.  The Board agreed that a time frame should be specified for bringing the property into compliance.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners find the property owner in violation of the Larimer County Land Use and Building Codes with respect to construction of storage buildings and use of the property.  The owner has 60 days to submit the MLD and site plan applications to bring the property into conformance; the County Attorney is authorized to litigate the violation if the applications are not received within this time frame.

Motion carried 3-0.

 

The meeting recessed at 3:45 p.m.

 

 

LAND USE HEARING

(#103)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Rob Helmick, Principal Planner.  Chair Gibson presided and Commissioner Rennels and Wagner were present.  Also present were: Frank Lancaster, Commissioners’ Office; Doug Ryan, Environmental Health Department; Al Kadera, Planning Department; Christie Coleman, Engineering Department; Bill Ressue, Assistant County Attorney; and Kristen Romary, Deputy Clerk.

 

Chair Gibson opened the meeting, 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. 

 

1.  THE PRESERVE CONSERVATION DEVELOPMENT PRELIMINARY PLAT AND REZONING – #05-S2522/05-Z1576 TABLED FROM AUGUST 14, 2006:  This is a Preliminary Plat review for a proposed Conservation Development to divide 85 acres into 10 residential lots and three residual lots.  The request also includes four appeals and a rezoning.

 

The site consists of the east half of the northeast ¼ of Section 10 and that portion of the southeast ¼ northeast of the Larimer and Weld Canal. The property is located on the south side of County Road 48 (Vine Drive) ¾ mile east of I-25.  This site is divided by the Larimer and Weld Canal.  Boxelder Creek flows west of the Canal. The total developable land is approximately 80 acres. 

The Preserve includes 10 single-family residential lots and three residual lots.  The development would be served by public sewer and public water.  Despite the provision of public sewer, only 10 residential lots are proposed.  More than 10 lots would require substantial improvements to County Road 5 to meet County standards for safe and adequate access. 

Approximately 4 acres of the site is located within the Fort Collins Growth Management Area and subject to the Overlay Zoning District.  The underlying zoning is now R1-Residential.

The Planning Commission recommends to the Board of County Commissioners that the Preserve Conservation Development (File #05-S2522) be approved subject to the following conditions:

 

1.  The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Preserve Conservation Development (File # 05-S2522) except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for Preserve Conservation Development (File # 05-S2522).

2.  A final design of the sewer system including hook up to the downstream line must be approved by County Engineering and Health Departments during the Final Plat stage of review.  The Final Plat will not be approved without a complete, specific plan for providing sewage disposal.  Construction of this improvement including connection to the downstream line will need to occur concurrent with or prior to other improvements.

3.  Berming will be eliminated.

  1. “The full length of internal streets must be double-loaded (i.e. lots on both sides of the road)”
  2. Lot layout shall be redesigned so that the drainage area is reserved as residual land prior to the Board of County Commissioner hearing. 
  3. The fire protection requirements discussed in Poudre Fire Authority’s January 24, 2006, memorandum will be fully addressed during the Final Plat process.
  4. The applicant will install guard rails along the western side of LCR 5 to State Highway 14 where this road abuts the Larimer and Weld Cannel.
  5. The Floodplain Special Review must be completed before submittal of a Final Plat application.
  6. The following fees shall be collected at building permit issuance for new single family dwellings: Poudre R1 school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Development Construction Permit Fees, Larimer County Regional Park Fees (in lieu of dedication) and Cooper Slough/Boxelder drainage basin fees.  The fee amount that is current at the time of building permit application shall apply.
  7. All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation.  The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.
  8. Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings 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 which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.
  9. The applicant must provide sufficient evidence to the Colorado Division of Water Resources that no material injury to other property owners’ rights will result.
  10. All fire protection issues in Poudre Fire Authority’s 1/24/06 letter must be addressed as part of the Final Plat process.

 

The Planning Commission recommends to the Board of County Commissioners that the Preserve Rezoning, File #05-Z1576, be approved subject to the following conditions:

 

  1. Staff supports the removal of the portion of the property in the Fort Collins GMA from the GMA Overlay Zone and rezoning to the FA-1 district.
  2. Rezoning to FA-1 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 Planning Commission recommends to the Board of County Commissioners the appeals to Section 8.14.2.S and Section 5.3.6.B.f of the Larimer County Land Use Code and appeal to Table 4-1 of the Larimer County Road Manual with the condition that the applicant follows the horizontal curve minimum radii requirement of Table 7-3 of the Larimer County Urban Area Street Standards, (LCUASS) which require a minimum horizontal radius of 165 feet for a residential local road, be approved.

The Development Services Team recommends the Board of County Commissioners approve the appeals to the following provisions of the Larimer County Land Use Code.

 

1.   An appeal of the connectivity design standard of section 8.14.2-S of the Larimer County Land Use Code.

2.   Appeal to Section 5.3.6.B.f of the LCLUC which states, “Residual land may be divided into 35-acre or larger parcels.

3.   Section 5.2.1 and Section 4.2.1.D.8 of the LCLUC which requires development of property in the GMA through the Planned Land Division process.

4.   Road horizontal curve radii requirement of Table 4-1 of the LCRM with the condition that the applicant follows the horizontal curve minimum radii requirements of Table 7-3 of the LCUASS which require a minimum horizontal radius of 165 feet for a residential local road.

 

Staff supports rezoning from R-1 to the FA-1 (File #05-Z1576) with the following Condition:

 

1.   Rezoning to FA-1 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.

 

Staff also recommends the Board of County Commissioners approve the Preserve Conservation Development (File # 05-S2522) including the following Conditions:

 

1.  The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Preserve Conservation Development (File # 05-S2522) except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for Preserve Conservation Development (File # 05-S2522).

2.   A location of the sewer line(s) including points of entry and exit from the property and route through the property and utility easement(s) for that the sewer line(s) must be approved by County Engineering and Boxelder Sanitation Departments during the Final Plat stage of review.

3.   The applicant will install guard rail along the western side of LCR 5 to State Highway 14 where this road abuts the Larimer and Weld Cannel.

4.   The full length of internal streets must be double-loaded (i.e. lots on both sides of the road.

5.   A Floodplain Special Review of the sewer crossing must be completed before submittal of a Final Plat application.

6.   The following fees shall be collected at building permit issuance for new single family dwellings: Poudre R1 school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Development Construction Permit Fees, Larimer County Regional Park Fees (in lieu of dedication) and Cooper Slough/Boxelder drainage basin fees.  The fee amount that is current at the time of building permit application shall apply.

7.   All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation.  The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

8.   Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings 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 which specifies that a test will be done within 30 days.  A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted.

9.   The applicant must provide sufficient evidence to the Colorado Division of Water Resources that no material injury to other property owners’ rights will result.

10.   All fire protection issues in Poudre Fire Authority’s 1/24/06 letter must be addressed as part of the Final Plat process.

Mr. Kadara presented information regarding the background of the Preserve Conservation Development project along with staff’s conditions for approval, as outlined above.  He emphasized one remaining issue regarding the residual land and clustering design, which would require the applicant to build homes on both sides of the road.  The purpose of the more clustered design would help to maintain the open rural character of the area while providing mountain views and walkout basements to homeowners.  At this time, staff approves the rezoning appeal, but would require the full length of internal streets be double-loaded. 

At this time, Ms. Coleman explained some of the natural boundaries of the proposed subdivision and explained that previously platted subdivisions around the area, along with the Larimer and Weld Canal did not provide for the appropriate road connectivity as outlined in the code.

John Barnett, of John Barnett & Associates acting as representative for the applicants, addressed the Board.  He provided a brief chronology of the area, and described the natural aspects of the land including mature tree groupings and the location of the Larimer and Weld Canal.  He explained that the original design for the conservation development included 65 units; however, construction of County Road 5 was not feasible.  Therefore, the number of units was reduced to 10 leaving 80% of the site residual land.  It is the position of the applicant that housing on both sides of the street not be a requirement to the proposed conditions of approval. 

Commissioner Rennels explained that since the Planning Commission approved single sided development, she would also support the project.  Chair Gibson also agreed to the single sided design proposal, and the conditions of approval outlined by staff, minus #4.

Commissioner Wagner explained that she did not want to be responsible for redesigning the project, but felt as though a single line of homes along one side of the road would be bigger, taking up more area.  Also, the current plan seemed to be much more urban in design and may take away the rural identity of the region.  She stated that the idea of “clusters” was too subjective, and would support the appeal, but not the exclusion of #4 as outlined in the staff’s conditions of approval. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Preserve Conservation Development, File #05-S2522, subject to the Conditions of Approval recommended by staff, excluding item #4.

Motion carried 2-1, Commissioner Wagner dissented. 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the rezoning from R-1 to FA-1, File #05-Z1576, subject to the Conditions of Approval recommended by staff.

Motion carried 3-0.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following appeals to:

1.   Section 8.14.2-S, Section 5.3.6.B.f, Section 5.2.1, and Section 4.2.1.D.8 of the LCLUC, and

2.   Larimer County Road Manual standards on road radii and comply with comparable Larimer County Urban Area Standards as recommended by staff.

 

Motion carried 3-0.

The meeting ended at 7:20 p.m.

 

TUESDAY, AUGUST 29, 2006

 

ADMINISTRATIVE MATTERS

(#104)

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager.  Chair Gibson presided and Commissioners Wagner and Rennels were present.  Also present were:  Frank Lancaster, and Deni LaRue, Commissioner’s Office; Samantha Mott, and Jill Bennett, Planning Department; Kathy Snell, Richard Guest, and Margaret Long, Health and Human Services; Suzanne O’Neill, Transitplus Inc; Megara Kastner, Collaborative Group Dynamics; Lew Wymisner, Workforce Center; Jay Hardy, Fairgrounds and Event Center; Candace Phippen, Building Inspection; Marc Engemoen, Public Works Department; Bill Ressue, Assistant County Attorney; and Kristen Romary, Deputy Clerk.

 

1.  PUBLIC COMMENT:  Gerry Horak addressed the Board and voiced some concerns regarding the proposed Criminal Justice Tax.  He feels as though it would be a mistake to move forward with the tax at this time.  In his opinion, there are more important issues, such as transportation, that should be addressed prior to enacting a new criminal justice tax.  Mr. Horak also felt as though the information provided on the County website regarding this topic, was difficult to find, confusing, and inaccurate.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 21, 2006:

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of August 21, 2006.

Motion carried 3-0.

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 4, 2006Ms. 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 August 29, 2006:

 

PETITIONS FOR ABATEMENT:  As recommended by the Assessor, the following Petition for Abatement is approved: White Investment LLC.

08292006A001           DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR EMGE/WHITAKER R.L.U.P. 04-S2346 BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND MARTIN EMGE AND ROBERTA EMGE AND BRUCE WHITAKER AND PATTY WHITAKER

08292006A002           COLLECTION AGREEMENT BETWEEN USDA FOREST SERVICE, ARAPAHOE AND ROOSEVELT NATIONAL FORESTS AND PAWNEE NATIONAL GRASSLAND AND LARIMER COUNTY

08292006A003           MEMORANDUM OF UNDERSTANDING BETWEEN USDA FOREST SERVICE, ARAPAHOE AND ROOSEVELT NATIONAL FORESTS AND PAWNEE NATIONAL GRASSLAND AND LARIMER COUNTY

08292006D001           DEED OF DEDICATION BY ASA N. KITCHEN AND BETTY J. KITCHEN FOR SAID PROPERTY AS A PUBLIC HIGHWAY

08292006D002           DEED OF DEDICATION BY DOUG HIRST FOR SAID PROPERTY AS A PUBLIC HIGHWAY

08292006D003           DEED OF DEDICATION BY RICHARD B. THORNTON AND MONA R. THORNTON FOR SAID PROPERTY AS A PUBLIC HIGHWAY

08292006D004           DEED OF DEDICATION BY CHARLES O. GATES AND ANNA NADINE GATES REVOCABLE LIVING TRUST FOR SAID PROPERTY AS A PUBLIC HIGHWAY

08292006D005           DEED OF DEDICATION BY RALPH ALLBRANDT AND JOANNE ALLBRANDT FOR SAID PROPERTY AS A PUBLIC HIGHWAY

08292006D006           DEED OF DEDICATION BY CLARK ARTHUR NELSON FOR SAID PROPERTY AS A PUBLIC HIGHWAY

08292006D007           DEED OF DEDICATION BY CHRISTOPHER W. DENNE FOR SAID PROPERTY AS A PUBLIC HIGHWAY

08292006R001           FINDINGS AND RESOLUTION APPROVING THE GILMORE LAKE PRELIMINARY RURAL LAND PLAN

08292006R002           FINDINGS AND RESOLUTION APPROVING THE VACATION OF AN EASEMENT IN MORRILL SUBDIVISION LOT 7A

08292006R003           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR EMGE/WHITAKER RURAL LAND PLAN 04-S2346

08292006R004           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY ARAPAHOE PINES GENERAL IMPROVEMENT DISTRICT MO 1991-1

08292006R005           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY NAMAQUA HILLS GENERAL IMPROVEMENT DISTRICT NO. 8

08292006R006           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY CROWN POINT PUBLIC IMPROVEMENT DISTRICT NO. 27

08292006R007           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY VINE DRIVE PUBLIC IMPROVEMENT DISTRICT NO. 29

08292006R008           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY CHARLES HEIGHTS PUBLIC IMPROVEMENT DISTRICT NO. 32

08292006R009           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY BRUNS PUBLIC IMPROVEMENT DISTRICT #35

08292006R010           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY BONNELL WEST PUBLIC IMPROVEMENT DISTRICT NO. 36

 

MISCELLANEOUS:  Final Plat for Emge/Whitaker R.LU.P. 04-S2346; Revised Purchasing Policy and Procedures; Immigration Status Certification Senate Bill 06-090.

LIQUOR LICENSES:  The following licenses were approved and issued: Vern’s Liquor – Retail Liquor Store – LaPorte; Castillon’s Mexican Restaurant – Hotel and Restaurant – Fort Collins.

Motion carried 3-0.

 

5.  FEE WAIVER REQUEST – DUNNING:  Ms. Mott addressed the Board and explained that the owner of property located at 1600 Big Thompson Canyon, had a shed moved onto the property that is less than 120 square feet.  A shed of this size does not require a building permit, but must still meet setback requirements.  Currently, the shed encroaches into the 5 foot required side setback as well as the 25 foot front setback from the edge of the road easement.  The structure therefore requires approval of a setback variance to remain.  The owner is preparing a variance application and has requested that the application fee be waived.  The applicant provided a written request to Ms. Mott, which included reasons for the needed waiver of fees.

After some discussion among the Commissioner’s, it was decided that they could not support the waiver of the application fee at this time.  Commissioner Wagner suggested that perhaps by not supporting the waiver of fees as this time, it would encourage the applicant the move the shed to a more appropriate location. 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners deny the Dunning fee waiver request.

Motion carried 3-0.

 

6.  UPDATE ON TRANSIT ISSUES IN LARIMER COUNTYMr. Guest, Ms. Snell, Ms. O’Neill, and Ms. Kastner addressed the Board and explained the need for a Rural Transit Services Assessment Improvement Project.  Ms. Snell explained that there is no overall ‘umbrella’ agency that oversees transit services within the County.  This is an unusual practice, and leads to inefficiencies and gaps between services.  Currently, services are fragmented among municipalities and the County, with four major service vendors in the area.  Discussion ensued among the Commissioners and the applicants at this time regarding funding and Federal support. 

It was explained that Ms. O’Neill and Ms. Kastner, consultants, have over 50 years combined experience in transit planning and management, along with leadership development, team building, and conflict management.  Their services and expertise will be utilized to create a new rural transit service policy.  Commissioner Wagner asked that the Board be updated on the progress of the project periodically throughout its development.

 

7. OFFICE ON AGING ADVISORY COUNCIL SEEKS GUIDANCE REGARDING DIAL-A-RIDE CUTS:  Ms. Long addressed the Board and explained that the Larimer County Office on Aging Advisory Council (LCOOAAC) seeks guidance on whether or not they may take a formal position on the proposed Dial-a-Ride cuts.  It is the responsibility of the LCOOAAC to provide leadership and advocacy on behalf of all older persons within the region.  With the proposed Dial-a-Ride cuts, there will be a huge negative impact on the senior community.  Therefore the LCOOAAC would like to take a formal position advocating that the City of Fort Collins not make those cuts.  Discussion ensued among the Commissioners regarding their current position on this issue and the appropriate actions to be taken.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners support the Office on Aging in their advocacy to the City of Fort Collins with a letter from the Board of County Commissioners approved by the Board and signed by the Chair, supporting the senior issues, Dial-a-Ride issues, and transit issues within Larimer County.

Motion carried 3-0.

 

8.  WELLINGTON ENTERPRISE ZONE AMENDMENT REQUEST:  Mr. Wymisner addressed the Board and explained that the Town of Wellington has passed a resolution through their Town Council requesting that their enterprise zone be amended to include portions of the Town’s Planned Growth Area that have been zoned commercial.  If approved by the Colorado Economic Development Commission (CEDC), this amended area would become more attractive, due to the state’s enterprise zone tax credit incentives.  The process for amending an Enterprise Zone requires that the County Commissioners permit the local Enterprise Zone Administrator to take this request to the CEDC for their consideration of approval.  Mr. Wymisner also explained that the Enterprise Zone does not change the zoning of the area, only the tax base.  This change would help promote economic development efforts which may lead to more jobs in Wellington for local residents and an overall increase in the tax base for the Town of Wellington as well. 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners provide approval for the Larimer County Enterprise Zone Administrator to take the request for amending the Wellington portion of the Larimer County Enterprise Zone to the Colorado Economic Development Commission. 

Motion carried 3-0.

 

9.  RESOLUTION TO CONTINUE THE RED FEATHER LAKES ADVISORY COMMITTEE:  Ms. Bennett addressed the Board and explained that there is a need for a resolution to continue the Red Feather Lakes Plan Advisory Committee (PAC).  The Red Feather Lakes Plan Advisory Committee terminated upon adoption of the Red Feather Lakes Area Plan on August 10, 2006.  The planning process in the community identified an ongoing need to provide formal channels of communication between Red Feather Lakes, the County, and community members, specifically related to land use and development issues. 

The first proposed Resolution continues the existing PAC until the end of 2006, at which time it will terminate.  The second resolution creates a new Red Feather Lakes Planning Advisory Committee, with its new name indicating an expanded role and responsibility in commenting on development applications and assisting in communitywide discussions of identified uses.  Existing PAC members will be invited to continue to serve on the new committee, and the County will advertise to fill the Board in the fall.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Resolution Re-Establishing the Red Feather Lakes Plan Advisory Committee for an interim period.

Motion carried 3-0.

08292006R013           RESOLUTION RE-ESTABLISHING THE RED FEATHER LAKES PLAN ADVISORY COMMITTEE FOR AN INTERIM PERIOD

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the Resolution Establishing the Red Feather Lakes Planning Advisory Committee, with a minimum of 9 members.

Motion carried 3-0.

08292006R014           RESOLUTION ESTABLISHING THE RED FEATHER LAKES PLANNING ADVISORY COMMITTEE

 

10.  PLACE ON THE BALLOT THE QUESTION OF FORMING A REGIONAL LIBRARY DISTRICT:  The Co-Chairman of the Libraries Yes Committee, and the Library Director for the City of Fort Collins, addressed the Board.  They explained that this was a citizen initiative where a valid petition was successfully circulated to place a question on the November ballot for the formation of a regional library district, funded by a 3 mill property tax.  As an initiative which has met statutory requirements, the Board of County Commissioners must approve this resolution for the fall election.  The board would consist of 5-7 members and would represent all areas of the district. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a resolution calling an election and to certify the ballot question and title for the establishment and funding of the Fort Collins regional library district to be submitted to the voters at the November 7, 2006 general election.

Motion carried 3-0.

08292006R011           RESOLUTION CALLING AN ELECTION AND TO CERTIFY THE BALLOT QUESTION AND TITLE FOR THE ESTABLISHMENT AND FUNDING OF THE FORT COLLINS REGIONAL LIBRARY DISTRICT TO BE SUBMITTED TO THE VOTERS AT THE NOVEMBER 7, 2006 GENERAL ELECTION

 

11.  PLACE A CRIMINAL JUSTICE QUESTION ON THE FALL ELECTION BALLOT:  Mr. Lancaster addressed the Board an explained that there is currently inadequate treatment options for offenders within the Larimer County criminal justice system.  Currently, alternative sentencing options are strained beyond capacity and the jail is overcrowded, resulting in the early release of offenders. 

Approval of an additional 5 mill levy in November would assist in the expansion of the jail to keep up with growth, expand alternative programs, allow for more treatment options, and speed up the overall justice process. 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve a resolution calling an election to certify a ballot title and question for an additional five mill levy to the County ad valorum tax to be dedicated for criminal justice uses.

Motion carried 3-0.

08292006R012           RESOLUTION CALLING AN ELECTION TO CERTIFY A BALLOT TITLE AND QUESTION FOR AN ADDITIONAL FIVE MILL LEVY TO THE COUNTY AD VALORUM TAX TO BE DEDICATED FOR CRIMINAL JUSTICE USES

 

12.  LEASE AGREEMENT WITH JOHN Q. HAMMONS:  Mr. Hardy explained that a previous agreement between Larimer County and John Q. Hammons expired in April 2005.  After the expiration of the previous agreement, the applicant has been working on a proposal for a smaller hotel and conference center.  This 8 story, 263 suite hotel would also have 37,000 square feet of meeting space.  The term of the agreement is a 55 year land lease located on 19 acres on the southwest corner of The Ranch.  This agreement would have an immediate positive impact on the County and surrounding area, allowing The Ranch to continue its mission and offer support for operations with an ending sales tax support in 2019.

Mr. Engemoen stated that during the renegotiation process, Mr. Hammons has been making headway and moving forward with a new design concept.  Commissioner Rennels stated that she was glad to see this agreement was back on track and requested that the Commissioners stay informed throughout the entire process.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Hotel Ground Lease Agreement between Larimer County Commissioners and John Q. Hammons.

Motion carried 3-0.

08292006A004           HOTEL GROUND LEASE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND JOHN Q. HAMMONS TRUSTEE, JOHN Q. HAMMONS REVOCABLE TRUST

 

13.  WORKSESSION:   There were no worksession items to discuss.

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

 

15.  LEGAL MATTERS:  Ms. Phippen addressed the Board and explained that staff needs authority from the Board to take legal action and file a suit against the property owner at 1527 Devils Gulch Road in Estes Park.  Even after proper notice from the County, the resident has not obtained the proper state electrical inspection required in order to obtain a Certificate of Occupancy.  Without proper electrical inspection, both homes, which includes a temporary residence, must be vacated. 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners authorize the County Attorney to send a letter to the owner of 1527 Devils Gulch Road to obtain a Certificate of Occupancy and a letter of completion for the proper electrical inspection.  If these items are not completed within 10 days of receiving the certified letter, legal action will be taken. 

Motion carried 3-0.

 

The meeting adjourned at 11:15 a.m. with no further action taken. 

 

 

 

 

__________________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

_______________________________________

Kristen Romary, Deputy Clerk   

 

_______________________________________

Gael M. Cookman, Deputy Clerk