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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, August 25, 2008

 

LAND USE HEARING

(#8)

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Gibson presided and Commissioner Rennels was present. Also present were: Chad Gray, Sean Wheeler and Michael Whitley, Planning Department; Brenda Gimeson and Linda Hoffman, Rural Land Use Center; Doug Ryan, Environmental Health Department; Gael Cookman and Tamara Slusher, Clerk and Recorder’s Office; Melissa Lohry, Deputy Clerk. 

 

Chair Gibson opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code. No one from the audience addressed the Board regarding these topics.

 

Chair Gibson noted that the following items were on consent and would not be addressed unless requested by the Board, staff, or members of the audience:

 

1.         BROOKLIND ESTATES LOTS 1 AND 2 LOT CONSOLIDATION, FILE #08-S2817:  This is a request to combine two contiguous lots, Lots 1 and 2, of Brooklind Estates Rural Land Use Plan 97-EX1175, into one lot.  These lots are located at the addresses of 2552 Barry Lane and 2620 Barry Lane, in Fort Collins.  Lot 2 has an existing single-family residence and Lot 1 is currently a vacant lot with only landscaping.  The zoning is O-Open.  The surrounding property consists of other single-family residential lots and irrigated agricultural land that is protected from further development.  Currently, each lot has a building envelope for a single-family residence and accessory buildings.  When the lots are combined, these building envelopes will remain.  However, Lot 2 will become the primary building envelope and contain the single-family residence and the Lot 1 building envelope will become the secondary envelope which can only be used for accessory buildings.  At this time the applicants don’t intend to build anything on Lot 1 but want to leave the envelope intact for future accessory buildings. 

 

The proposed lot consolidation in Brooklind Estates, will not adversely affect any neighboring properties or any county agency.  The lot consolidation will not result in any additional lots.  Staff finds that the request meets the requirements of Section 5.7.3 of the land use code.

 

The Rural Land Use Center staff recommends approval of the lot consolidation for Lots 1 & 2, Brooklind Estates Lot Consolidation, File # 08-S2817, subject to the following conditions:

 

1.         All conditions of approval shall be met and the final resolution recorded by February 27, 2009, 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.         The reconfiguration of the lots lines shall be finalized at such time when the findings and resolution of the Board are recorded. 

 

2.         NEWELL LAKE VIEW 3RD FILING LOT 6, BLOCK 2 AMENDED PLAT/EASEMENT VACATION, FILE #08-S2818:  This is a request to amend the plat of the Newell Lake Third Subdivision, Replat of Lot 2, Block 2 and Outlot ‘C’ of Newell Lake View Second Subdivision.  The intentions of this request are to relocate a building envelope, vacate portions of two utility easements and vacate a 20-foot wide limited access driveway easement. 

 

The single family home on the property was built in 1994, at which time, the home received a building permit and passed all of the Larimer County inspections.  When the current property owners purchased the land earlier this year an improvement survey plat was prepared and it was discovered that the home was not entirely within the building envelope identified on the plat.  It was also discovered that the home partially extends into the front and rear of a 30-foot utility easement as well as into a 20-foot limited access driveway easement identified on the plat.

 

The proposed amended plat would relocate the building envelope so that the home would be entirely within it and would vacate the portions of the utility easements that are currently occupied by the home.  The existing building envelope extends to the front and rear property lines and the proposed amended plat would shift the building envelope to the east by 24.65 feet.  The existing building envelope contains an area of 29,179.78 square feet and the revised building envelope would contain 29,178.22 square feet.  The plat would also vacate the entire 20-foot wide limited access driveway easement as the existing driveway is not located within the driveway easement.

 

The Development Services Team recommends approval of the Amended Plat of Lot 6, Block 2, Newell Lake View Third Subdivision and Replat of Lot 2, Bock 2 and Outlot ‘C’ of Newell Lake View Second Subdivision, File #08-S2818, and vacation of those portions of the front and rear 30-foot wide utility easements and 20-foot wide limited access driveway easement as identified on the plat 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.         The final plat shall be recorded by February 25, 2009, or this approval shall be null and void.

 

2.         Prior to the recordation of the final plat the applicant shall add a note to the plat stating that the resultant lot will be subject to the same restrictions, covenants, and regulations as set forth in the plat of record for the Newell Lake View Third Subdivision and replat of Lot 2, Block 2 and Outlot ‘C’ of Newell Lake View Second Subdivision. 

 

3.         Any future buildings, structures or additions to the existing building must comply with the required 25-foot front setback and the required 10-foot rear setback.

 

3.         LARIMER COUNTY ROAD 1/WELD COUNTY ROAD 13 BIG THOMPSON BRIDGE FLOOD PLAIN SPECIAL REVIEW:  The Larimer County and Weld County Engineering Departments would like to replace a bridge on the County Line Road over the Big Thompson River south east of Loveland.  The land use code requires a recommendation from the Flood Review Board with a final approval from the Board of County Commissioners through a floodplain special review.

 

The Flood Review Board met on Thursday, June 26, 2008, to review the hydraulic modeling report dated May 2008 and found the hydraulic analysis to be acceptable.  All review criteria in Section 4.2.2.G.2 of the land use code have been met.  Therefore, staff recommends approval of the flood plain special review for the bridge replacement project.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the Consent Agenda for August 25, 2008, as outlined above.

 

Motion carried 2-0.

 

4.         CLEAVER ZONING VIOLATION, FILE #08-CC0140:  This is a notification to the Board that the property owner is in violation of Section 4.1.5, O-Open Zoning District of the Larimer County Land Use Code adopted by virtue of operating an excavating business and offering boat storage, as indicated by the sign on the property, in the O-Open Zoning District, which are not allowed uses.  The two signs, “Boat Storage for Rent” and “Safeguard Construction Services”, are also in violation of Section 10.10.A.3 of the sign code, as business signs are not allowed in rural districts unless the business is approved through a planning process.

 

On July 9, 2008, staff was notified of a new sign on Highway 1.  The sign was advertising a construction/excavating business that had just relocated to the property.  A code compliance file was initiated for the outside storage of excavating equipment, which exceeds the amount a home occupation allows and for failing to obtaining a sign permit.  Additionally, another sign advertising “Boat Storage for Rent” was discovered a few days later.  Staff’s concern lies in the fact that, in the past, excavating companies have located to various parts of the county, grown unchecked and have impacted neighbors with increased traffic, dust, noise and the visual impacts caused by these types of operations.  Also, boat storage should be located at an approved commercial or industrial zoned location.

 

Staff has found the following: the property is zoned O-Open, and neither a commercial excavating business or boat storage is allowed in the O-Open Zoning District. In addition, the signs currently posted on the property require permits if the business uses are allowed to continue.

 

Therefore, it is staff’s recommendation that the Board finds that a violation of the Land Use Code exists, require compliance with county regulations within a time determined by the Board, and authorize legal action if deadlines set forth by the Board are not met. 

 

Mr. Lafferty stated that this matter has been brought before the Board due to the new protocol for zoning violations.  The new protocol requires all zoning violations within the county be brought before the Board within 6 weeks of identification of the matter.  The Board must then advise the property owner and staff of appropriate time frames for submitting, processing, and completing applications for zoning review and also whether the business should be allowed to continue operation during the time in which issues are being resolved.

 

John Cleaver, owner of the property, informed the Board that he has owned the property for three years and, in that time, he has had two renters who have both used the property for an excavation business and short-term storage of excavation equipment.  The space used to store equipment is very small in comparison to the overall dimensions of the property and Mr. Cleaver stated he was unaware of the codes restricting businesses run out of homes, voicing concern about the cost of requiring businesses to store equipment on commercial lots.

 

Mr. Cleaver requested that the resident be allowed to remain on the property and utilize it for his business and storage until a minor special review application can be submitted, processed, and completed.  He also stated that all signs will be removed from the property and he is comfortable with the timeline proposed by staff.

 

Commissioner Rennels asked if it was plausible to expect all applications to be completed by May 2009 and Mr. Lafferty assured her that it was an adequate amount of time.

 

Chair Gibson opened the hearing for public comment.  No one from the public addressed the Board regarding this issue.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners find that a violation of the Land Use Code exists and that the business be allowed to continue during the compliance process at its current level of activity, while also authorizing legal action if the following deadlines are not met:

 

1.         November 1, 2008, deadline to submit a complete land use application to the Planning Department; and

 

2.         May 1, 2009, deadline to obtain final decision on the land use application.        

 

Motion carried 2-0.

 

5a.       TICO’S ROOFING SPECIAL EXCEPTION, FILE #07-Z1629:   Planning staff has received a letter, dated August 11, 2008, from the applicant of Tico’s Roofing Special Exception, withdrawing the application.  The applicant has requested 60 days from the date of the public hearing to allow for the relocation of the existing business.  However, because the Applicant received an additional 21 days as a result of the rescheduled Board of County Commissioners hearing on August 4, 2008, the recommendation from staff remains at 30 days.

 

Commissioner Rennels asked the applicant to confirm his desire to withdraw his request for a special exception and Martin Hildago did so before the Board.

 

Chair Gibson opened the hearing for public comment.  No one from the public addressed the Board regarding this issue.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners withdraw the application for Tico’s Roofing Special Exception, File #07-Z1629. 

 

Motion carried 2-0.

 

5b.       TICO’S CODE COMPLIANCE, FILE #06-CC0427:  This item was on the discussion agenda for the planning commission hearing in June, 2008.  At that time, discussion focused on the impacts of the business in the residential area, and a comparison of impacts to those generated by agricultural activities as outlined in the planning commission staff report.

 

Several points raised by the applicant’s representative during the June 2008 hearing require clarification.  First, the applicant indicated that staff comments about vehicles parked on site relate to the use prior to the owner being notified of the zoning violation, not to the current business.  However, the development services team has made several visits to the site over the course of this review and the number of vehicles remained consistent with staff’s initial observations. 

 

In addition, the applicant’s representative indicated that he submitted the project in January and a planning commission hearing was not scheduled for 6 months.  However, the application was submitted on January 31, 2008; therefore, it could not be scheduled for March, as that must be done at the start of February, which would not have allowed time for review.  In April the Staff Planner was out of the country, and as a result, the project was placed on an agenda in May, which provided the required three month review period. 

 

Finally, the applicant’s representative indicated the project had gone through three different processes.  However, the sketch plan review is a part of the special exception process, not exclusive from it and the applicant’s representative submitted a minor special review, but was advised before doing so that the development services team would not support the request for a minor special review.  This determination was based on the size and scope of this use in a residential area as not meeting the standards for a home occupation.  Shortly after submitting for the minor special review, the applicant’s representative withdrew the request, and asked for additional time to prepare the special exception materials.

 

Again, planning staff received a letter from the applicant for Tico’s Roofing Special Exception, dated August 11, 2008, withdrawing the special exception application.  The applicant has requested 60 days from the date of the public hearing to allow for relocation of the existing business.  Because the Applicant received an additional 21 days as a result of the rescheduled Board hearing on August 4, 2008, the recommendation from staff remains at 30 days.

 

Commissioner Rennels questioned Mr. Hildago as to whether he felt 60 days was enough time to relocate his business and he stated that he believed it was enough time. However,  Commissioner Rennels requested that the Board grant him 90 days to insure adequate time, and Chair Gibson supported the request.  The applicant also stated that he will continue to use the building for personal storage and would store his dump truck on the property, utilizing it for personal use only.

 

Chair Gibson opened the hearing for public comment.  No one addressed the Board regarding this issue.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners find that a violation exists and, subject to the applicant’s withdrawal of the special exception, File #07-Z1629, legal action be authorized if the company does not cease business on the property within 90 days, with the private storage building to be used only for private purposes thereafter.

 

Motion carried 2-0.

 

There being no further business, the hearing adjourned at 3:30 p.m.

 

 

TUESDAY, AUGUST 26, 2008

 

 

ADMINISTRATIVE MATTERS

(#9)

 

The Board of County Commissioners met at 9:30 a.m. with Assistant County Manager, Neil Gluckman.  Chair Gibson presided and Commissioners Eubanks and Rennels were present.  Also present were: Deni LaRue and Donna Hart, Commissioner’s Office; Andy Paratore, Facilities and Information Technology Division; Mark Engemoen, Public Works Division; Mark Peterson, Engineering Department; Gael Cookman and Tamara Slusher, Clerk and Recorder’s Office; David Ayraud, Jeanine Haag and William Ressue, Assistant County Attorneys; Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  There was no public comment.

 

2.         REAPPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 4, 2008:

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners reapprove the minutes for the week of August 4, 2008.

 

Motion carried 3-0.

 

3.         APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 18, 2008:

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the minutes for the week of August 18, 2008.

 

Motion carried 3-0.

 

4.         REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 1, 2008:  Ms. Hart reviewed the upcoming schedule with the Board.

 

5.         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 26, 2008:

 

PETITIONS FOR ABATEMENT: As proposed by the County Assessor, the following Petitions for Abatement are presented for approval: Dean R. and Cheri G. Thompson; The Murray Revocable Trust, Brent W. and Marla Murray; and DS Partnership LLC.

 

08262008A001           WARRANTY MEMORANDUM FOR LANDSCAPE IMPROVEMENTS FOR WARBERG FARM CONSERVATION DEVELOPMENT 04-S2296

 

08262008A002           INTERGOVERNMENTAL AGREEMENT REGARDING ESTES PARK LOCAL MARKETING DISTRICT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF ESTES PARK

 

08262008A004           SUB-CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY COMMUNITY CORRECTIONS ADVSORY BOARD AND PUEBLO COMMUNITY CORRECTIONS SERVICES

 

08262008A005           PARTICIPATION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LARIMER COUNTY COMMUNITY CORRECTIONS AND SIGNAL BEHAVIORAL HEALTH NETWORK, INC

 

08262008A006           ASSIGNMENT OF ALLOCATION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO HOUSING AND FINANCE AUTHORITY

 

08262008R001           FINDINGS AND RESOLUTION APPROVING THE 2006 INTERNATIONAL FIRE CODE AND 2006 INTERNATIONAL WILDLAND URBAN INTERFACE CODE

 

08262008R002           RESOLUTION REGARDING EXTENSION OF APPROVAL, AMENDED PLAT OF FOX ACRES COUNTRY CLUB 2ND FILING COMMON AREA, FILE #07-S2711

 

MISCELLANEOUS:             Findings and Order Granting Application for a Beer and Wine Liquor License to Crystal Lakes Road and Recreation Association, doing business as, The Restaurant; and Department of Human Services Payments for June 2008.

 

LIQUOR LICENSES:           The following licenses were approved and issued:  Archer & Archer LLC, doing business as, Archers Poudre River Reservoir – 3.2% – Bellvue; Vern’s Liquor – Retail Liquor Store – LaPorte.  

 

Motion carried 3-0.

 

6.         BAJA BROADBAND OPERATING COMPANY, LLC AGREEMENT:  Tom Duchen, President of River Oaks Communications Corporation, Dave Johnson, Regional Manager of Baja Broadband, Ms. LaRue and Mr. Paratore, presented an agreement for the provision of cable services to residents of Larimer County in unincorporated Estes Park.  The proposed agreement would allow for the rebroadcast of county hearings and meetings as well as provide for live coverage of two county meetings annually.

 

There was some discussion between the Board, staff and Mr. Duchen regarding the lifespan of this agreement and the channel capacity of Baja Broadband now and in the future.  Mr. Duchen briefly explained the current legislature regarding broadband contracts and stated that without changes to the legislature, the proposed contract would span five years.  Mr. Johnson also explained the current channel capacity of Baja Broadband and assured the Board that not only will they be able to expand their current channel count, which is about 200 channels, but they have the ability to do so without requiring upgrades to their system.

 

Chair Gibson opened the hearing for public comment.  No one from the public came forward to address the Board regarding this issue.

 

Chair Gibson then addressed Mr. Duchen and Mr. Johnson regarding the minimum depth required by Baja Broadband for cable burial, which Mr. Johnson stated was eight to twelve inches.  Chair Gibson also asked for clarification of the policing powers granted to the Board in the agreement, which Mr. Duchen and Mr. Paratore explained, provide the ability for the Board to adopt regulations to the agreement to provide for the welfare of residents.  Lastly, Chair Gibson addressed Baja Broadband’s right to trim trees, as needed, to allow for proper placement and maintenance of their cables, as provided by the agreement.  Chair Gibson requested that Baja Broadband notify tree owners of any problems in order to provide them a chance to resolve the problem on their own.  Commissioner Rennels also requested that Baja Broadband send out notification to both the property owner and the county, so that the county would have record of notification if problems arise.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the Baja Broadband agreement.

 

Motion carried 3-0.

 

08262008A003           CABLE TELEVISION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BAJA BROADBAND OPERATING COMPANY, LLC      

 

7.         PROCESS FOR SELECTING MEMBERS FOR THE BOXELDER STORMWATER AUTHORITY BOARD OF DIRECTORS:  Mr. Engemoen and Mr. Peterson requested guidance from the Board on how to proceed with the process of advertising, interviewing and appointing directors to the Boxelder Stormwater Authority.  In particular, they wish to know if the Board has any suggestions concerning the process of filling the joint appointments.

 

After some discussion between the Board, Mr. Engemoen and Mr. Peterson, it was agreed that the county will utilize the current interview process for the county’s sole appointment and that staff should propose to employ a modified format of this interview process for joint appointments.  Therefore, the interview panel for joint appointments should include: one County Commissioner, one member from the Town of Wellington or the City of Fort Collins, and one elected official from the Town of Wellington or the City of Fort Collins.

 

The Board also decided that for both the sole and joint appointments, the applicant must own property within the Boxelder stormwater drainage basin and be directly affected by the actions of the Boxelder Stormwater Authority.

 

8.         ASSISTANT COUNTY MANAGER WORKSESSION:  Mr. Gluckman did not have any matters to discuss with the Board at this time.

 

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

 

10.       LEGAL MATTERS:  Ms. Haag addressed the Board about a proposed change in protocol regarding development agreements and the completion of development projects.  As the process currently stands, timelines are in place to ensure projects are completed within an appropriate timeframe.  However, due to the state of the economy, there has been a drastic increase in the amount of time required for developers to complete projects.  In the past, all extenuating circumstances have been addressed by the Board on an individual basis and, if deemed warranted, special exceptions have been made on a case-by-case basis.  Ms. Haag and staff proposed a change in protocol to allow staff to manage projects halted by the economy without requiring a hearing with the Board. 

 

After some discussion about possible options and solutions, the Board determined it would be best to approve or deny special exceptions on a case-by-case basis instead of trying to create one fair solution for all.  Therefore, it has been determined that cases will be addressed, individually, by the Board during 3:00 p.m. Land Use Hearings.

 

Mr. Ayraud and Mr. Ressue requested that the Board go into Executive Session to receive legal advice on specific legal questions.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

The meeting adjourned at 11:10 a.m., with no further action taken.

 

 

 

 

 

 

________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

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