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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, December 4, 2006

 

LAND USE HEARING

(#143 & #144)

 

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:  Sean Wheeler, Samantha Mott, Wendy Dionigi, Chad Gray, and Matt Lafferty, Planning Department; Traci Downs, Engineering Department; Doug Ryan Environmental Health Department; Karlin Goggin, Building Inspection; Jeannine Haag, Assistant County Attorney; and Kristen Romary, 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 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.  HIAWATHA HEIGHTS LOTS 3, 4, 12, 13, 16, AND 17 AMENDED PLAT - #06-S2633:  This is a request to amended the plat of Lot 3, the west ½ of Lot 4, the west ½ of Lot 12, Lot 13, the west ½ of Lot 16, and the east ½ of Lot 17, Block 35, in the Hiawatha Heights Subdivision, to consolidate six adjacent lots into one buildable lot.

 

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; The Larimer County Engineering Department Development Review Team; The Larimer County Addressing Coordinator; and Dale Greer, Land Surveyor of the Larimer County Engineering Department identified several required corrections to the plat.

 

The proposed plat amendment of Lots 3, the west ½ of Lot 4, the west ½ of Lot12, Lot 13, the west ½ of Lot 16, and the east ½ of Lot 17, Block 35, in the Hiawatha Heights Subdivision will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots.  Staff finds that this request meets the requirements of Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Amended Plat of Lot 3, the west ½ of Lot 4, the west ½ of Lot 12, Lot 13, the west ½ of Lot 16, and the east ½ of Lot 17, Block 35, Hiawatha Heights (File # 06-S2633), 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 June 4, 2007, 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 November 20, 2006.

 

 

2.  GLACIER VIEW MEADOWS 10TH FILING LOT 10 AND GLACIER VIEW MEADOWS 11TH FILING LOTS 1 AND 59A AMENDED PLAT/EASEMENT VACATION - #06-S2634:  This is a request for an amended plat to reconfigure the three adjacent lots into two buildable lots in the Glacier View Meadows Subdivision 10th and 11th Filings, and vacate the utility easements along the old lot lines.

 

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; The Larimer County Engineering Department Development Review Team; The Larimer County Addressing Coordinator; and Dale Greer, Land Surveyor of the Larimer County Engineering Department identified several required corrections to the plat.

 

The proposed plat amendment to reconfigure the lot lines and vacate the utility easement along the old lot lines will not adversely affect any neighboring properties or 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 Lot 60 of Glacier View Meadows 10th Filing and Lot 1 and Lot 59A of Glacier View Meadows 11th Filing and easement vacation, 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 June 4, 2007, 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 October 31, 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 November 9, 2006.

 

 

3.  MONT-ROSE LOTS 6-8 AND LOT 1 STAGECOACH BOUNDARY LINE ADJUSTMENT AMENDED PLAT - #06-S2635:  This is a request for an amended plat of three lots in the Mont-Rose Subdivision to reconfigure lot lines by combining Lots 7 and 8, with an adjacent metes and bounds parcel, and reconfiguring the lot line between Lots 6 and 7.  A portion of an access easement will also be vacated along with this plat.

 

Lots 6, 7, and 8 were created with the Mont-Rose Subdivision.  The current owners of Lots 7 and 8 have purchased a 0.07 acre portion of an adjacent parcel.  This amended plat request is to combine Lots 7 and 8 and add the 0.07 acre piece to the new lot.  The adjacent metes and bounds parcel will be reconfigured by a Boundary Line Adjustment in conjunction with this request (refer to Stage Coach Property Development Boundary Line Adjustment, File #06-S2636).  In addition, the lot line between Lots 6 and 7 will be adjusted to add a portion of Lot 7 to lot 6.  A portion of an existing access easement will also be vacated in conjunction with this amended plat.

 

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following agencies stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; The Larimer County Engineering Department Development Review Team; the Larimer County Addressing Coordinator, Planning and Building Services Division; Dale Greer, Land Surveyor of the Larimer County Engineering Department; The Colorado Department of Transportation.

 

The proposed plat amendment to add a portion of a metes and bounds parcel to Lots 7 and 8 of the Mont-Rose Subdivision and reconfigure the lot line between Lots 6 and 7 of the Mont-Rose Subdivision and vacate a portion of an existing access easement will not adversely affect any neighboring properties or 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 Lots 6, 7, and 8, Mont-Rose Subdivision, and Lot 1 of Stage Coach Property Development Boundary Line Adjustment (File #06-S2636), 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 June 4, 2007, or this approval shall be null and void.
  2. Prior to recordation of the final plat, the applicant shall complete the Utility Check Sheet by obtaining all applicable service provider signatures (Qwest).

 

 

4.  RAMONA HEIGHTS LOTS 6A AND 6B, BLOCK 11 AMENDED PLAT - #06-S2639:  This is a request for an amended plat of Lots 6A and 6B, Block 11, in the Ramona Heights Subdivision to consolidate two adjacent lots into one buildable lot.

 

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; The Larimer County Engineering Department Development Review Team; The Larimer County Addressing Coordinator; Dale Greer, Land Surveyor of the Larimer County Engineering Department; however, the Code Compliance Department has noted that if the existing structure on the property is returned to use as a cabin, the owner needs to obtain a change of  occupancy permit from the Larimer County Building Department to document the change of the structure to a dwelling unit.

 

The proposed plat amendment of Lots 6A and 6B, Block 11, of the Ramona Heights Subdivision will not adversely affect any neighboring properties or 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 Lot 6A and 6B, Block 11, amended plat of record Ramona Heights, subject to the following condition and authorization for the Chair to sign the plat when the condition is met and the plat is presented for signature:

 

  1. All conditions of approval shall be met and the final plat recorded by June 4, 2007, or this approval shall be null and void.

 

 

5.  POUDRE SPRINGS 1ST LOTS 32-34 LOT CONSOLIDATION - #06-S2637:  This is a request for a lot consolidation to combine Lots 32, 33, and 34 of the Poudre Springs 1st and 2nd Filings into one lot.  If approved, the recording instrument for this application will be a Findings 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 stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; The Larimer County Engineering Department Development Review Team.

 

The proposed lot consolidation for Lot 32 Poudre Springs 2nd Filing and Lots 33 and 34 in Poudre Springs 1st Filing will not adversely affect any neighboring properties or any County agencies.  The lot consolidation will not result in any additional lots.  Staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the lot consolidation for Lot 32 Poudre Springs 2nd Filing and Lots 33 and 34 in Poudre Springs 1st Filing subject to the following conditions:

 

1.   All conditions shall be met and the final resolution of the County Commissioners recorded by June 4, 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.

 

 

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.

 

 

6.  CLEAR APPEAL - #06-G0124:  This is a request for an appeal to the maximum limit of 800 square feet for an attached accessory living area, and to increase the square footage to 1164 square feet within an existing single family residence.  The proposed accessory living area will have access from within the home and garage, and would be located over the garage area.  The homeowners are aware that the accessory living area cannot be used for rental purposes, and do not have a conflict with this requirement.  Since the accessory living area is located within the existing residence, staff believes it is unlikely the new addition would be used for rental purposes.  There will also be no discernable difference from a visual standpoint outside of the home, if the use is approved.

 

The Land Use Code states that accessory uses are intended to allow property owners the full use of their property while maintaining the integrity and character of the neighborhood.  To meet these goals, accessory uses and buildings must be erected and used only for purposes that are clearly secondary and incidental to the principal use of the property.  This request locates the accessory living area within an existing residence, and thus meets these standards.  The owners have committed to informing potential buyers that the accessory living area cannot be used for rental purposes.  The conclusion is that this request meets the intent and purposes of the Larimer County Land Use Code (LCLUC), and the Development Services Team supports the request.

 

The Development Services Team recommends approval of the appeal to Section 4.3.10.F.1.d, to allow construction of an attached accessory living area that will exceed the maximum 800 square feet permitted by the Code.  Staff supports the applicant’s request to use an additional 364 square feet of the unfinished space within their existing residence for a total of 1164 square feet for the accessory living area.  Approval of the Clear Appeal (File #06-G0124) is subject to the following conditions:

 

  1. The interior remodel of the residence shall be developed consistent with the information contained in the Clear Appeal (File #06-G0124), 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 the Clear Appeal.
  2. The Findings and Resolution shall be a servitude running with the property.  Those owners of the property or any portion of the property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the approved appeal.
  3. The applicant shall obtain any outstanding building permits and inspections for residential additions.  All applicable fees, including permit fees, shall apply to this use.
  4. The attached accessory living area shall not exceed the existing unfinished interior area, which is estimated at 1164 square feet.

 

Mr. Wheeler explained the aspects of the appeal as outlined above, and stated that the addition of the accessory living area will not be located outside the parameters of the original home, therefore satisfying the intent of the LCLUC.  Craig Clear, applicant, expressed his agreement of the terms and conditions for approval to the Board.  There was no public comment regard this issue. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Clear Appeal (File #06-G0124) to Section 4.3.10.F.1.d of the LCLUC to allow an attached accessory living area to exceed 800 square feet in size. 

Motion carried 3-0.

 

 

7.  JURGENS ZONING VIOLATION - #04-ZV0206:  Ms. Dionigi explained that the property owners at 649 W. 1st St. in Loveland, Colorado are in violation of Section 4.1.1 of the Larimer County Land Use Code (LCLUC) which regulates the FA-Farming Zoning District, by virtue of outside storage of junk, debris and unlicensed vehicles.

 

On July 27, 1998, the Board of County Commissioners held a hearing on the Jurgens Junkyard Violation (File #97-ZV1107) concerning outdoor storage of junk and debris.  The property owners cleaned up the property after the hearing, but have steadily brought more junk and debris onto the property over the years to the point that the accumulation of junk and debris again constitutes a violation of the Larimer County Land Use Code.

 

On February 8, 2005, and October 20, 2005, notifications of the zoning violation were mailed to the owners.  City of Loveland staff members filed complaints about the property dating back to 2005.  In July 2006, the owners stated they had sold the property and would be moving in one month.  The owners or their relatives are still occupying the property.  A Statutory Notice of Violations of Larimer County Regulations and Notice of this hearing was therefore sent by certified and regular mail to the owners on November 2, 2006. The junk and debris is not only unsightly, but is cause for concern by the Larimer County Department of Health & Environment and the City of Loveland.  In addition, the condition of the property is having a negative affect on surrounding property values.  Ms. Dionigi stated that staff believes a violation does exist, and the owners should be required to remove the junk and debris by a certain date, determined by the Board of County Commissioners. 

 

Marjorie Jurgens, applicant, stated she knew that the junk and debris in front of her house was an eyesore, and needed to be cleaned up.  Ms. Jurgens said that she and her husband were both physically unable to do much of the trash removal on their own, but their son, Tad Jurgens, was helping them clean up the property as much as possible.  Chair Gibson asked Mr. Jurgens if three months would be sufficient time to have the property cleaned up to the standards of the Health Department and the LCLUC.  Mr. Jurgens agreed that three months would be adequate time to remove all of the debris.  There was no public comment regarding this issue.

 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners find a violation exists on the Jurgens property, and require compliance by February 1, 2007, and authorize legal action if the deadline is not met.  Compliance will require that all outdoor storage of junk and debris be removed from the property, and all vehicles be currently licensed to the occupants of the home or removed from the property. 

Motion carried 3-0.

 

 

8.  COUNTY ROAD 10 TO WATER AVENUE STREET NAME CHANGE - #06-CAC0005:  The Town of Berthoud requests the current County Road 10 just west of Old Highway 287 and south of the Northern Colorado Conservancy District be officially renamed as Water Avenue.  In accordance with the Intergovernmental Agreement (IGA) between Larimer County and adjacent municipalities, the Town of Berthoud seeks to rename this segment of road which is located within the Growth Management Area (GMA) of Berthoud.  According to the agreement, roads will be named using city/town names, not County road numbers. Outside of the GMA Boundary, County road numbers will be used.  Street names, rather than County road numbers, will be used for internal roads in County subdivisions and 35 acre developments. 

 

In 2003, the Town of Berthoud passed an ordinance to change the name of a portion of County Road 10 to Water Avenue.  This was approved by the Mayor and recorded with the Larimer County Clerk and Recorder (Reception #2003-0030203).  Although this was recorded as an official change in 2003 with the Town of Berthoud, the road name change was not heard before the Board of County Commissioners to make the change official.  The section of road seeking the road name change designation is Larimer County Road 10, West of old Highway 287, and East of Fourth Street. 

 

With the road segment being contained within the GMA of Berthoud, the renaming would be consistent with the IGA as well as practices used in surrounding municipalities.  There is currently road signage installed with the designation of Water Avenue at both entrances.  Currently there are no properties taking direct access from this road which would adversely affect them in an address change.

 

Ms. Goggin explained that the road name change meets the standardization of the road naming system within the Berthoud GMA.  A representative for the Northern Colorado Water Conservancy District stated that they have been using the address of Water Avenue for some time and would like to see it officially changed.  It was explained that customers are unable to locate the building, and hopefully the new road name will eliminate the current problem.  There was no public comment regarding this issue. 

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the request to rename County Road 10, west of old Highway 287 and east of 4th Street to Water Avenue with the condition that the Town of Berthoud installs and maintains proper road signage for water Avenue. 

Motion carried 3-0.

 

 

9.  APEX ROOTER AND PLUMMING MINOR SPECIAL REVIEW - #06-Z1610:  This is a request for a Minor Special Review for a home occupation known as APEX Rooter and Plumbing.  Currently, the home occupation has two employees, three vehicles, and up to ten vehicle trips per day.

 

On March 19, 2006, the Code Compliance Officer for Larimer County notified the applicant of a compliant that was filed with the County regarding the existing APEX home occupation business.  Upon inspection, it was determined that the use was in violation of the current home occupation regulations.  The violation involves utilization of a detached building for the home occupation as well as the number of employees and the total number of vehicle trips coming and going from the site daily.

 

Following the notification of the violation, the applicant met with the Development Review staff to discuss the standards and alternatives.  During discussions, the County adopted new home occupation regulations, which helped the existing situation, but did not solve all the issues.  For the remaining issues, the subject Minor Special Review application was submitted to consider what would be permitted for the APEX Rooter and Plumbing home occupation situated on the west side of Hollywood Street, approximately one-half mile south of Vine Drive.  The request is to allow up to ten vehicle trips per day to the subject site in conjunction with the existing home occupation, and to consider appeals to allow two fulltime employees that do not reside on the property and allow the parking of three vehicles associated with the use, where the Code only allows one employee and one vehicle presently.

 

Since the submittal of the request, the application materials have been referred and reviewed for compliance with the County Home Occupation Standards.  The results of the referral comments are predominately minor technical issues that are interdependent on the outcome of this request.

 

Mr. Lafferty stated that staff cannot support the Minor Special Review at this time since the current number of business vehicles parked on the property, and the number of fulltime employees working from the residence does not meet the Home Occupation Standards set forth by the County.

 

George Langel, applicant and owner of APEX Rooter and Plumbing, addressed the Board and explained that he has been conducting business from his home since 2001.  He said that he currently has one fulltime employee onsite, but all other employees are at the residence for only a short time to pick up work orders and company vehicles.  Mr. Langel emphasized the fact that his business is a service based company in which customers do not enter the property. 

 

Chair Gibson opened up the hearing for public comment and Gary Spivak and Mary Beck, neighbors, stated that they feel as though the APEX business is out of character with the neighborhood, and hope the Minor Special Review request is denied.  They believe the northwest area plan calls for a reduction in business use for the area, and think that Mr. Langel’s business is only going to grow larger.  Ms. Beck said she was concerned with the long term impact of commercial use, and the potential hazards created when transporting human waste.  She hopes that the business will be closely monitored to prevent any violations in the future. 

 

Greg Fencl, William Terry, and Mary Dornseif, neighbors, said that they did not feel as though the business was a detriment to the neighborhood, and believe the business is hardly noticeable on their street.  They all think that improvements have been made on the property since the Langel’s purchased the property. 

 

There was no further public comment, and Mr. Langel addressed the Board a final time explaining that all hazardous material is disposed of before returning to the home residence.  He also stated that all business vehicles are maintained and cleaned on a regular basis.  He also has trees and shrubs lining the side of the residence in order to minimize the visual impact of the trucks parked in front of the building.

 

Chair Gibson expressed his concern that the business will grow too large for its current home, and might compromise the integrity of the neighborhood as a result.  Mr. Langel stated that he would eventually like to move to Red Feather Lakes if the business continues to grow since a majority of his customers live in that area, but this is not an option at the present time.  Commissioners Wagner and Rennels asked that the applicant find a way to block the company trucks from view of the neighbors, and suggested that more shrubs and xeriscape be used to meet this requirement.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Minor Special Review for APEX Rooter and Plumbing and require compliance of a continuation of the current service levels, clean vehicles off-site, and use a buffering system which will include planting evergreens and xeriscaping to minimize the visual impact of service trucks parked on the property.

Motion carried 3-0.

 

 

The meeting recessed at 4:50 p.m.

 

 

 

LAND USE HEARING

(# 145)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Larry Timm, Planning Director.  Chair Gibson presided and Commissioners Rennels and Wagner were present.  Also present were:  Frank Lancaster, County Manager; Rex Burns, Mark Peterson, and Ed Woodward, Engineering Department; Karlin Goggin, Building Inspection; K-Lynn Cameron, Parks and Open Lands Department; Bill Nelson, Sheriff’s Department; Jeannine Haag, and David Ayraud, Assistant County Attorneys; and Kristen Romary, Deputy Clerk.

 

1.  LARIMER COUNTY GRAFFITI ORDINANCE 2ND READING - #06-CA0065:  Mr. Timm outlined the Graffiti Ordinance, and explained that the purpose of the hearing today was to consider adoption of the proposed graffiti ordinance, and if the proposed graffiti ordinance is adopted, to establish and transfer funds to the Graffiti Removal Account.

 

If adopted, the Ordinance is authenticated by signatures from the Chair, and the Clerk to the Board, and finally recorded in the office of the Clerk and Recorder.  It is then published by title only, containing the date of initial publication and reprinting of any parts amended following initial publication.  The ordinance is then effective 30 days after publication.

 

The initial funding of the Graffiti Removal Account will be used to pay for graffiti removal services and administrative costs, and will be reimbursed when funds are collected per Section 7 of the Ordinance.  Mr. Timm said that the Graffiti Ordinance was ready for approval with minor changes to Section 6.1.

 

Chair Gibson opened up the hearing for public comment and Larry Kasper, resident, addressed the Board and stated that he strongly opposes the adoption of the Graffiti Ordinance.  He feels as though the Ordinance will wrongly punish the property owners, when in fact others are to blame.  Commissioner Wagner explained that the purpose of the Ordinance is not to punish property owners, but if graffiti is not removed in a timely manner, the problem will only proliferate.  Commissioner Rennels stated that the Ordinance will allow property owners the opportunity to remove the graffiti on their own.  There was no further public comment regarding this topic.

 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners adopt the proposed Ordinance relating to the Control and Prevention of Graffiti in the unincorporated territory of Larimer County, Ordinance Number 12042006O001, with the amendment to Section 6.1 as suggested by staff. 

Motion carried 3-0.

 

 

12042006O001           AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF GRAFFITI IN THE UNINCORPORATED TERRITORY OF LARIMER COUNTY

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners create the Larimer County Graffiti Removal Account.  Money in the amount of $10,000 shall be transferred from the General Fund to this account for this purpose.  Penalties assessed against violators of the Graffiti Ordinance which are ultimately collected by the county as well as other legally allowable resources as designated by the Board of County Commissioners shall be placed in the account. The Planning Director or person(s) delegated by the Planning Director shall direct the expenditure of moneys in the account. Such expenditures shall be limited to the costs of administering the Graffiti Ordinance, including staff time, travel expenses, newspaper publications, mailings, printing and other expenses associated with the preparation and service of notices to remove graffiti, graffiti removal expenses, and collection processes for recovering money expended by the County to remove graffiti.  The Planning Director shall report to the Board of County Commissioners at least annually on financial status of the account.

Motion carried 3-0.

 

 

2.  AMENDMENTS TO THE ROAD NAMING AND SITE ADDRESSING RESOLUTION - #06-CAC0009:  This is a request to make a number of changes to the adopted Road Naming and Site Addressing Resolution.  Mr. Timm explained that the Larimer County Road Naming and Site Addressing System Resolution were adopted on December 6, 2004, as a major element of the County’s Rural Addressing Improvement Project.  It has since been amended in June 2005, and August 2006. To date, two test areas and all fieldwork in southern Larimer County is completed.  Official address notification in zip codes 80517, 80537, and a portion of 80515 are also complete.  Experience gained by both staff and Spatial Data Research, Inc. (SDR), the County’s consultants for this project, and input from citizens, has led to the recognition that some amendments are needed to the resolution.

 

In addition to some “housekeeping” minor amendments, there are two amendments that are more significant in nature.  These are:

- Section 5 B (2) Renaming Existing Road Names, and

- Section 7, Appeals regarding the appeal process.

 

Section 5 B (2) Renaming Existing Road Names

 

Regarding duplicate road names, the County has a responsibility to provide emergency services with systematic road names that avoid confusion.  Duplicate road names have been considered to be problematic.  After working several areas of the County, staff has discovered circumstances when duplicate road names may be acceptable.  The current language prohibits any and all duplicate road names within the same zip code.  However, this presented some dilemmas and concern as in some cases emergency response districts can be different within the same zip code, so duplicate road names are not a source of confusion.  Also, since Larimer County can regulate addresses and road names in only unincorporated portions of the County duplicate road names in a municipality presented an inconsistency.  Staff reviewed various situations and decided that the Resolution should be amended to allow some limited exceptions to the prohibition of duplicate road names within Larimer County.  These exceptions are outlined specifically in Section 5.B.2.b of the Road Naming and Site Addressing Resolution.  Staff agrees this will allow some duplication to remain while still upholding the intent of the Resolution and the need to eliminate duplicate road names.

 

Section 7, Appeals

 

This section has been modified to eliminate the appeals processing flowing through the Chief Building Official.  In light of recent appeal cases, appellants are uninformed as to the options that may be available to them with regards to change of address.  This amendment allows appeals to be directed to the County Addressing Coordinator for further information and discussion prior to processing the appeal.  Indirect or direct communication by the County Addressing Coordinator with the appellant will provide the citizen an opportunity for more clarity on the issues.  The change in the process is solely to streamline the appeal process and provide an opportunity for the appellant to discuss the matter with the County Addressing Coordinator.

 

The proposed amendments also identify provisions of the Resolution that will not have the ability to appeal.  The basic principals of an effective addressing system include sequential numbering, proper parity, naming unnamed roads, elimination of duplicate road names, and the road naming hierarchy.  Another major goal is consistency of addressing.  With that, appeals to these requirements undermine the intent of the Resolution and would result in continued inconsistencies and confusion in addressing.  The County is expending considerable resources in this effort to improve addressing in the unincorporated area.  If appeals to the above types of requirements are granted, it is likely that at some time in the future even more resources would be needed to correct those deficiencies. Eliminating the possibility of these types of appeals would help save time for staff, County consultants, and the general public. 

 

Chair Gibson opened the meeting for public comment and Leonard Leeper, Dushan Sumonia, and Larry Kasper, residents of Larimer County, addressed the Board and expressed their concerns with the elimination of portions of the appeals process.  They stated that it may be inconvenient for staff, but it is extremely important to the public that there is an opportunity to appeal potential addressing changes.  There was no further public comment.

 

Ms. Goggin explained that there would still be an appeal process, but appeals should not take place when certain criteria are instrumental to the overall Road Naming and Site Addressing Resolution.  Commissioner Wagner stated that the Amendments are consistent with what the Board and staff are trying to accomplish, and is in support of making changes that will result in the least amount of impact to residents.  Commissioner Rennels thinks that road name changes based on their duplication is least desirable to residents, and would be in favor of removing that verbiage from Section 7 Appeals.

 

Chair Gibson was not in support of the amendments to the appeal process, and strongly believes that citizens deserve the right to an appeal under all circumstances.  Ms. Goggin emphasized that the new amendments only eliminate the option for an appeal when it pertains to those issues listed above.  If residents choose to appeal, based on other issues not mentioned they will still have that option.

 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the proposed amendments to the Larimer County Road Naming and Site Addressing System Resolution with the exception that staff will still consider the issue of duplicate road names for appeal. 

Motion carried 2-1;  Chair Gibson dissenting.

 

 

3.  DIGITAL FLOOD RATE INSURANCE MAP (DFIRM) AND FLOOD INSURANCE STUDY ADOPTION:  Many of the major river and stream systems in Larimer County are regulated under the National Flood Insurance Program (NFIP).  The regulated bodies of water include the Cache La Poudre River, Big Thompson River, Little Thompson River, Boxelder Creek, Dry Creek, and many of the streams tributary systems.  The Federal Emergency Management Agency (FEMA) has prepared a new Flood Insurance Rate Map system called DFIRM.  The “D” stands for digital and the newly developed DFIRM database includes a base map that is distributed with the digital files, the features normally shown on a printed flood insurance rate map (FIRM) such as flood boundaries, base flood elevations, cross sections, bench marks, and electronic copies of the flood insurance study reports and profiles.  The use of a Geographic Information System (GIS) as a component of the DFIRM allows the mapping and engineering data elements to be linked to physical features, georeferenced and then overlaid onto other GIS data (roads, parcels, orthophotography, etc.) as needed.  Larimer County is required by FEMA to adopt the new maps to use for regulatory purposes.  Some of the new maps have existing floodplain information and others have revised floodplain information developed from new hydraulic studies conducted in the last year and a half.  The revised information includes most of the Big Thompson River in the plains area, the Cache La Poudre River from County Road 17 (Shields Street upstream to Watson Lake) and Boxelder Creek from I-25 south past Timnath. 

 

The public process was initiated through an open house on Tuesday, December 6, 2005, to display the new maps and technical information.  Property owners were advised of the open house through a mailing sent to all property owners of record in those floodplains which have changed.  Subsequent to the open house, FEMA rules set forth two 90 day appeal periods, which ended on June 19, 2006.  During the appeal periods, property owners protesting the new floodplain information were processed through FEMA, and changes were made if applicable.  The six month period following the end of the appeals period is allocated for local jurisdictions to formally adopt the new maps and flood insurance study.   Staff has been advised by FEMA that the adoption has to take place by December 19, 2006, which is the effective date of the information.  Recently, staff was told that budget issues within FEMA may push that date back a few weeks.  If this occurs, the County Attorney has advised staff to adopt the new floodplain information and specify an effective date through an addendum at a later date.

 

Mr. Burns explained that the primary objective of the Flood Insurance Program is to keep areas from redeveloping in a flood area.  FEMA requires community adoption of the Insurance Program on a national level.  It was stated that the Planning Commission voted 9-0 on November 15, 2006, in favor of adoption of the Flood Insurance Program. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the adoption and signing of the DFIRM and Flood Insurance Study (FIS) Resolution.

Motion carried 3-0.

 

12042006R001           RESOLUTION ADOPTING FEDERAL EMERGENCY MANAGEMENT AGENCY DIGITAL FLOOD INSURANCE RATE MAP SYSTEM

 

The meeting adjourned at 7:50 p.m.

 

 

TUESDAY, DECEMBER 5, 2006

 

ADMINISTRATIVE MATTERS

(# 146)

 

The Board of County Commissioners met at 9:30 a.m. with Frank Lancaster, County Manager.  Chair Gibson presided, and Commissioners Rennels and Wagner were present.  Also present were: Donna Hart, Commissioners’ Office; Joe Ferrando, and Mike Ruttenberg, Community Corrections; Jay Hardy, Fairgrounds; 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 WEEKS OF NOVEMBER 20, 2006, AND NOVEMBER 27, 2006 :

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of November 20, 2006.

Motion carried 3-0.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of November 27, 2006.

Motion carried 3-0.

 

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEKS OF DECEMBER 11, 2006The Commissioners reviewed and discussed the upcoming schedule with Ms. Hart.

 

 

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 December 5, 2006:

 

ABATEMENTS:  As recommended by the County Assessor, the following Petition for Abatement is approved:  Peterson, Thomas R.

 

12052006A001           THIRD ADDENDUM TO DEVELOPMENT AGREEMENT FOR HAY WAGON P.D. BEING A REPLAT OF PRAIRIE TRAILS P.U.D. LOT 1, BLOCK 1, TRACT J BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, NCW, INC. AND PRAIRIE TRAILS HOMEOWNERS ASSOCIATION

 

12052006A002           DEVELOPMENT AGREEMENT FOR A PORTION OF PLANK PD AND PLD BEING THE 6TH FILING OF FOSSIL LAKE RANCH BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, KASEY’S GARDEN, LLC, AND FOSSIL LAKE PUD HOMEOWNERS ASSOCIATION

 

12052006A003           SUPPLEMENTAL DEVELOPMENT AGREEMENT FOR WATERDALE SPECIAL REVIEW BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND AMERICAN RETIREMENT PROPERTIES, LLC

 

12052006A004           ELECTRICAL SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND ENCORE ELECTRIC INC.

 

12052006A005           EASEMENT AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNT, HAWK CANYON RANCH, LLC, AND CARLA’S HAWK LLC

 

12052006R001           RESOLUTION REGARDING EXTENSION OF APPROVAL OF LUBIN MINOR LAND DIVISION (FILE #06-S2558)

 

12052006R002           FINDINGS AND RESOLUTION APPROVING THE PEMBERTON MINOR LAND DIVISION

 

12052006R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF TRACT 1A IN DAVIES MINOR RESIDENTIAL DEVELOPMENT AND A PORTION OF THE AMENDED STRINGER EXEMPTION

 

12052006R004           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR PLANK PLANNED LAND DIVISION (FILE #05-S2484)

 

12052006R005           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 72 AND 73 OF GLACIER VIEW MEADOWS SUBDIVISION 1ST FILING

 

12052006R006           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 2 AND 7 OF THE AMENDED PLAT OF LOTS 5 AND 6 IN ESTES PARK ESTATES SUBDIVISION AND VACATION OF UTILITY EASEMENT

 

12052006R007           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 66 AND 67 OF CRYSTAL LAKES SUBDIVISION 15TH FILING

 

MISCELLANEOUS:  Financial Policy and Procedure 320.18B – Interest on County Funds; Financial Policy and Procedure 320.19B – Infrastructure Reporting; Plank PLD and PD 6th Filing of Fossil Lake Ranch Final Plat; Department of Human Services Payments of October 2006; Agreement and Release Between Larimer County and Employee.

 

LIQUOR LICENSES:  The following liquor licenses were approved and issued: Windjammer Liquors – Retail Liquor Store – Loveland; Berthoud Discount Liquors – Retail Liquor Store – Berthoud; Fort Collins Country Club – Club Liquor License – Fort Collins; Fort Namaqua Liquors – Transfer of Ownership – Loveland.  The following liquor license was approved: Fort Collins Country Club – Change of Corporate Structure – Fort Collins.  The following liquor license was issued: Reflections of Youth – Special Event 6% - Loveland.

 

Motion carried 3-0.

 

 

5.  REQUEST FOR APPROVAL TO SUBMIT A RESPONSE TO THE 2007 BUREAU OF JUSTICE ASSISTANCE MENTAL HEALTH COLLABORATION PROGRAM GRANT ANNOUNCEMENT:  Mr. Ferrando explained that the Larimer County Mental Health Diversion Program could divert additional offenders from using Detention Center resources and provide appropriate supervision and treatment if the service team was expanded.  Mr. Ferrando requests that the Board approve their submission of a grant which would provide $25,000 to aide in funding two additional employees; one case manager and one mental health therapist.  With this grant, Alternatives to Incarceration for Individuals with Mental Health Needs (AIIM) would have the resources to work with 25-30 more adult offenders each year. 

 

The Bureau of Justice Assistance funding provides two years start-up funding, but the program will need to find other resources to maintain the new positions after that.  Commissioners Rennels and Wagner stated that it is important to expand the resources for mental health, and hoped that funding will be available in the future for the program to continue. 

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve submission of the response to the 2007 Bureau of Justice Assistance Mental Health Collaboration Program Grant Proposal.

Motion carried 3-0.

 

 

6.  DISCUSSION OF MEMBERSHIP IN THE ROCKY MOUNTAIN RAIL AUTHORITY:  Mr. Lancaster asked the Board if they would be interested in participating in the Rocky Mountain Rail Authority.  He explained that $10,000 would be given to the Rail Authority over the next two years.

 

Commissioners Rennels and Wagner agreed that it is important to be a part of the Rail Authority which would help complete the transportation systems of rail and bus in the area.  Chair Gibson was not in support of participation, and feels as though the public can be better served through Dial-A-Ride.  He is concerned that money will be spent on the Rocky Mountain Rail Authority when the rail system may be obsolete in 25-50 years. 

 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners become a member of the Rocky Mountain Rail Authority and authorize the Chair to sign the Resolution when it becomes available.  A payment in the amount $5,000 will be taken from the Special Projects Fund for 2007, and $5,000 will be taken from an undecided location for 2008. 

Motion carried 2-1; Chair Gibson dissenting.

 

 

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

 

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

 

9.  LEGAL MATTERS:  Mr. Hass briefly explained legal matters pertaining to the north Taft Hill eminent domain proceedings, and the use of teamsters as representatives for issues related to the Sheriff’s Office. 

 

10.  EXECUTIVE SESSION – (TAPE #147):

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go in to Executive Session for determining positions related 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 11:15 a.m., with no further action taken.

 

 

 

 

 

__________________________________________

   GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 _________________________________

Kristen L. Romary, Deputy Clerk

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.