PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, APRIL 5, 1993
SUBDIVISIONS
(#192)
The Board of County Commissioners met at 9:00 a.m. in regular session
with John Barnett, Planning Director. Chairman Pro-Tem Duvall presided;
Commissioner Disney was present; Chairman Hotchkiss is out of town until
April 12, 1993. Also present were: Jerry White, Zoning Administrator;
Elaine Spencer, Manager Engineering Operations & Planning; Jerry Blehm,
Environmental Health; Carol Evans, Associate Planner; and Jeannine Haag,
Assistant County Attorney. Recording Clerk, S. Graves.
Mr. Barnett stated that the following are consent items and will not be
discussed unless requested by the Board or members of the audience.
1. BLAND MINOR RESIDENTIAL DEVELOPMENT (#92-EX0205): SW 1/4 24-08-70;
EAST SIDE OF COUNTY ROAD 25E, ONE MILE NORTHWEST OF BELLVUE;
10.85 ACRES; 2 LOTS; O-OPEN ZONING (4-5-93)
This is a request to divide a 10.85 acre parcel with two existing
residences into two lots of 4.17 and 6.67 acres so that each residence
is on a separate lot. Staff Findings include: 1) The proposed Bland
Minor Residential Development is consistent with requirements for Minor
Residential Developments as contained in the Larimer County Subdivision
Resolution concerning the number of lots created, access, and zoning; 2)
A Lot Size Variance was approved by the Board of Adjustment in February
1992 to allow lots smaller than the 10 acres required in the O-Open
District; 3) Two dwellings already exist on the property. This proposed
Minor Residential Development would create separate lots for the
existing dwellings. No new building sites are created by this proposal;
4) The County Health and Engineering Departments and other reviewing
agencies have reviewed this proposal and have made certain comments and
recommendations which are contained in this staff report; 5) Approval of
the proposed Bland Minor Residential Development, with the conditions
stated, should not adversely affect adjacent property, the natural
environment, or the provision of services or transportation.
Staff Recommendation is for Approval of the Bland Minor Residential
Development, with the following conditions: 1) Sufficient additional
right-of-way must be dedicated on the Final Plat to provide a half
right-of-way of 50' along the frontage of the property; 2) If either of
the existing dwellings are replaced, access to that lot must meet the
requirements of the access policy. This condition must be noted on the
Final Plat; 3) The Final Plat must identify all utilities serving the
property and provide easements as requested by the utility companies.
All easements and rights-of-way of record must be shown on the Final
Plat; 4) If telephone service is not already in place on these two lots,
the Final Plat should note that telephone service is limited in some
areas of Larimer County and may not be available to the two lots; 5) In
addition to the notes stated above ,the following notes shall be placed
on the Final Plat: A) Radon detection tests are required in any new
residential structures prior to the issuance of the Certificate of
Occupancy; B) Uses on the lots shall be restricted to single family
dwellings and permitted accessory uses; C) Property owners should be
aware that deer and occasionally mountain lions may use this property;
6) The Final Plat must be drawn and titled in conformance with
requirements for final exemption plats as revised January 5, 1987; 7)
Recording fees for the plat and 17 copies of the Final Plat must be
submitted to the Planning Department prior to plat recording; 8) All
conditions of approval must be completed and the plat recorded prior to
October 6, 1993, or this approval shall be null and void.
2. CRYSTAL LAKES 13TH FILING PLANNED UNIT DEVELOPMENT AMENDED PLAT
(#93-SA0250): NE 1/4 02-10-74; WEST END OF SHUSWAP COURT CUL-DE-SAC
IN CRYSTAL LAKES; 3.26 ACRES; 1 LOT; E-ESTATE ZONING (4-5-93)
This is a request for an Amended Plat to consolidate one developed lot
with an adjacent vacant lot to create one developed lot of 3.26 acres.
Staff Findings are: 1) Crystal Lakes 13th Filing was recorded in March
of 1979; 2) The proposed Amended Plat would consolidate Lots 55 and 56
into one lot of 3.26 acres in size; 3) The County Health and Engineering
Departments have reviewed the proposed Amended Plat and have stated no
objections; 4) The utility companies serving this property have reviewed
this request and stated their concerns or no objections.
Staff Recommendation is for Approval of the proposed Amended Plat of
Lots 55 and 56 of Crystal Lakes 13th Filing, with the following
condition: 1) The Final Plat must provide easements as requested by
Poudre Valley REA for any existing facilities on these lots.
3. CLUB ESTATES SECOND SUBDIVISION AMENDED PLAT (#93-SA0251):
SW 1/4 31-08-68; SOUTHEAST CORNER OF MIRAMONT DRIVE AND
LINDENMEIR LAKE ROAD; .6 ACRES; 1 LOT; R-RESIDENTIAL (4-5-93)
This is a request for an Amended Plat to consolidate one developed lot
with an adjacent vacant lot creating one developed lot of .6 acres.
Staff Findings include: 1) Club Estates Subdivision 2nd Filing was
recorded in 1978; 2) The proposed Amended Plat would consolidate Lots 18
and 19 into one lot of .6 acres in size; 3) The County Health and
Engineering Departments have reviewed the proposed Amended Plat and have
stated no objections; 4) The utility companies serving this property
have reviewed this request and stated their concerns or no objections.
Staff Recommendation is for Approval of the proposed Amended Plat of
Lots 18 and 19 of Club Estates Subdivision 2nd Filing with the following
condition: 1) The Final Plat must provide easements as requested by
Public Service Company and Cherry Hills Sanitation District.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Staff Recommendations and approve the Bland Minor Residential
Development (#92-EX0205); Crystal Lakes 13th Filing Planned Unit
Development Amended Plat (#93-SA0250); and the Club Estates Second
Subdivision Amended Plat (#93-SA0251); each, with the conditions as
previously outlined.
Motion carried 2 - 0.
4. POUDRE CANYON CONOMART (GALLENSTEIN) SITE SPECIFIC DEVELOPMENT PLAN
(#93-ZN0222): NW 1/4 13-08-70; NORTHWEST CORNER OF THE JUNCTION
OF US HIGHWAY 287 AND COLORADO HIGHWAY 14 ("TED'S PLACE); .98 ACRES;
1 LOT; O-OPEN ZONING (4-5-93)
This is a request for an Amended Site Specific Development Plan to
permit a canopy and other site improvements. Mr. White reviewed the
project description, major concerns and issues, and stated that the
request today is to amend the approved site plan to allow the following
changes: 1) Removal of above-ground fuel tanks and installation of
below-ground tanks; 2) Relocation of fuel dispensers; 3) Installation of
a new 48' x 69' canopy; 4) Construction of a cedar trash enclosure; 5)
Install asphalt paving on the entrance driveway to Highway 287; and 6)
Install landscaping. Staff Findings are: 1) The proposal appears to
comply with the intent and purposes of the Zoning Resolution; 2) The
proposal is generally harmonious with the surrounding neighborhood, and
should have no impact on the surrounding neighborhood or property values
in the area; 3) The proposal will not impair the public health, welfare,
prosperity, or safety by creating undesirable traffic congestion,
undesirable sanitary conditions, overburdening of utilities or adverse
environmental influences in the area.
Mr. David Galloway, Consulting Engineer for Conoco, addressed the Board
with two concerns regarding no logos or signage permitted on the canopy
and the allowed maximum height of 16.5 feet of the canopy. Mr. Galloway
noted that since the sign code is presently under review, he is
requesting that the condition state that signage has to meet code; and
with regard to the maximum height of the canopy at 16.5 feet, if you
subtract the 4-foot vertical facia, you are at 12.5 feet clearance and
considering the 1 1/2 foot slope to the existing ground, the clearance
would be 11 feet at the highest point. Mr. Galloway requested a maximum
height of 22 feet as Conoco likes to have 15.5 feet clearance. After
discussion, the conditions were amended as follows:
Staff Recommendation is for Approval of the request to amend the site
plan for the Conomart (Gallenstein) Rezoning, with the following
conditions: 1) Compliance with all technical requirements of the County
Health Department, as indicated on Page 17 of this Staff Report, prior
to issuance of a building permit; 2) Prior to issuance of a building
permit, applicant shall provide evidence of compliance with all
requirements of the Colorado Department of Transportation; 3) The
following restrictions shall apply to the canopy: A) No logos or signage
permitted on the canopy according to current regulations, or unless
permitted by future sign regulations; B) Canopy shall have 15 1/2 feet
clearance at the high point and the maximum facia depth of 4 ft; C) No
garish or bright colors on the canopy; 4) Within 60 days of this
approval, property owner shall provide a signed agreement to comply with
any current or future sign code adopted by the County, and to require
that lessees comply with the code. Any existing illegal signs shall be
removed before a building permit is issued; 5) No approval is given for
expansion of the commercial uses or intensity of use on the property,
beyond what is stated in Zoning File Exhibit A (Application for Rezoning
Action dated February 12, 1993, Site Plan, Canopy Plan, and Landsclaping
Plan all prepared by Galloway, Romero and Associates). Unless otherwise
indicated by the above conditions, all development and use of the
property shall be consistent with Zoning File Exhibit A; 6) If
implementation of the proposal is not completed by January 1, 1995, this
approval shall expire; 7) The owner will maintain the "Ted's Place"
sign; 8) Lighting under the canopy must be downward directed and lens
must not be visible from offsite.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Staff Recommendation with Amended Conditions and approve the Poudre
Canyon Conomart (Gallenstein) Site Specific Development Plan
(#93-ZN0222).
Motion carried 2 - 0.
The meeting recessed at 9:45 a.m.
PUBLIC HEARING REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT
(#193)
The Board of County Commissioners reconvened at 2:00 p.m. in regular
session with Robert Thompson, Community Development Program Specialist.
Chairman Pro-Tem Duvall presided; Commissioner Disney was present. As
noted previously, Chairman Hotchkiss is out of town this week. Also
present were: Carol Gillespie, Director Community Development; Jennifer
Jones, President Board of Directors of Crossroads Safehouse; and Bill
Gordon, County Administrator. Recording Clerk, S. Graves.
Mr. Thompson requested Board approval for the submittal of a grant
proposal application for an addition and rehabilitation of Crossroads
Safehouse. Ms. Jones noted this addition will allow for 50% expansion
of the bedrooms, will provide counseling rooms for adults and children,
and meet the ADA requirements for the handicapped. Ms. Jones stated
that to be eligible for State funding, a partnership with the County is
required; therefore, a 10% county match is requested. The State grant
amount is $25,238 and the County match would be $2,804.
M O T I O N
Commissioner Disney moved that the Board approve the submittal of the
Community Development Block Grant Application Proposal for the
Crossroads Safehouse, and authorized the Larimer County 10% match of
$2,804; monies to be derived from the Commissioner's Special Projects
Fund.
Motion carried 2 - 0.
The meeting adjourned at 2:20 p.m.
WEDNESDAY, APRIL 7, 1993
ADMINISTRATIVE MATTERS
(#193 @ 970)
The Board of County Commissioners met at 9:30 a.m. in regular session
with Bill Gordon, County Administrator. Chairman Pro-Tem Duvall
presided; Commissioner Disney was present. As noted previously,
Chairman Hotchkiss is out of town this week. Also present were: Dr.
Adrienne LeBailly; Director of Health Department; Averil Strand,
Director Community Health Services; Elaine Spencer, Manager Operations
and Planning of Engineering; Neil Gluckman, Administrator Employment and
Training Services; and Joni Friedman, Assistant Administrator ETS.
Recording Clerk, S. Graves.
1. PROCLAMATION DESIGNATING APRIL 16, 1993 AS "PUBLIC HEALTH NURSING
DAY": Dr. LeBailly and Ms. Strand requested the Board to proclaim April
16, 1993 as "Public Health Nursing Day" in honor of the centennial
celebration of the public health nursing practice in the United States.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners
proclaim April 16, 1993 as "Public Health Nursing Day", and authorized
the Chairman Pro-Tem to sign the Proclamation.
Motion carried 2 - 0.
2. REQUEST FOR APPROVAL AND SIGNATURE ON A RESOLUTION TO RECOGNIZE THE
ACHIEVEMENTS OF COLORADO'S PUBLIC HEALTH SYSTEM DURING COLORADO'S FIRST
PUBLIC HEALTH WEEK - APRIL 12 - 16, 1993: Dr. LeBailly and Ms. Strand
also requested the Board to adopt, and the Chairman sign, a Resolution
recognizing and honoring the work and achievements of Colorado's Public
Health System during Colorado's first Public Health Week, April 12 thru
16, 1993. Ms. Strand noted that the theme for Public Health Week is,
"Health to Match Our Mountains".
M O T I O N
Commissioner Disney moved that the Board adopt a Resolution to recognize
and honor the work and achievements of Colorado's Public Health System
during Colorado's first Public Health Week, April 12 thru 16, 1993.
Motion carried 2 - 0.
R93-44g RESOLUTION TO RECOGNIZE THE WORK AND ACHIEVEMENTS OF COLORADO'S
PUBLIC HEALTH SYSTEM DURING COLORADO'S FIRST PUBLIC HEALTH WEEK
3. REQUEST FOR APPROVAL AND SIGNATURE ON AN INTERGOVERNMENTAL AGREEMENT
- UPPER FRONT RANGE TRANSPORTATION PLANNING REGION: Ms. Spencer
requested Board approval and the Chairman's signature on an
Intergovernmental Agreement for the Upper Front Range Transportation
Planning Region; noting that the Agreement has been signed by Morgan and
Weld Counties.
M O T I O N
Commissioner Disney moved that the Board adopt an Intergovernmental
Agreement for the Upper Front Range Transportation Planning Region, and
authorized Chairman to sign same.
Motion carried 2 - 0.
A93-60 INTERGOVERNMENTAL AGREEMENT FOR THE UPPER FRONT RANGE
TRANSPORTATION PLANNING REGION AMONG THE BOARD OF COUNTY
COMMISSIONERS FOR LARIMER, WELD, AND MORGAN COUNTIES.
4. REQUEST FOR APPROVAL FOR AN EXPENDITURE AUTHORIZATION REQUEST: Ms.
Friedman stated that ETS has been awarded $12,363.59 for computer
equipment, software and a FAX machine by the Governor's Job Training
Office and requested Board approval for the expenditure. This
expenditure has been reviewed and approved by the Private Industry
Council and, upon receipt of the award, ETS will work with Information
Management and Purchasing to follow proper procedures for capital outlay
review and approval; no County funds are required for this expenditure.
M O T I O N
Commissioner Disney moved that the Board approve the expenditure
authorization request of $12,363.59 for computer equipment, software and
a FAX machine for the ETS Loveland Office; monies to be awarded by the
Department of Labor thru the Governor's Job Training Office.
Motion carried 2 - 0.
5. REQUEST FOR APPROVAL OF TITLE II-A/II-C JOB TRAINING PLAN
MODIFICATION: Mr. Gluckman requested Board approval of the 1993 Job
Training Plan Modification, which has been reviewed and approved by the
Larimer County Private Industry Council. Mr. Gluckman noted this 1993
allocation reflects an 18% cut over last year.
M O T I O N
Commissioner Disney moved that the Board approve the Title II-A/II-C Job
Training Plan Modification for 1993, as requested by Mr. Gluckman and
recommended and approved by the Larimer County Private Industry Council.
Motion carried 2 - 0.
6. WORKSESSION:
-- Commissioner Disney stated that he has been alerted to an amendment
to the education bill in the State Senate which would transfer 1/2 of
the funds ($33,000) earmarked for Larimer County Forest Service to
education. CONSENSUS OF THE BOARD was for Commissioner Disney to
contact Senator Schaffer expressing the Board's concern regarding the
decrease in the amount of funding available for Forest Service
operations.
-- Commissioner Disney suggested the possibility of scheduling a joint
meeting with the three school boards in Larimer County for discussion of
impact fees.
-- Chairman Pro-Tem Duvall proposed expanding the Board's Agenda to
allow a time for the public to come in and discuss topics of concern.
Discussion followed regarding scheduling monthly meetings in Red
Feather, Estes Park, etc., and possibly holding meetings at night. Mr.
Gordon noted that previously "County Seat for a Day" was held in the
various communities. Mr. Gordon will review the Board's calendar and
present a proposal for the Board's consideration.
7. DOCUMENT REVIEW: The following documents, of a routine nature, were
considered by the Board:
M O T I O N
Commissioner Disney moved that the Board approve the Minutes for the
week of March 29, 1993, and the Agenda for the week of April 12, 1993,
as submitted.
Motion carried 2 - 0.
M O T I O N
Commissioner Disney moved that the Board approve Petitions for Abatement
for Christina Chavez, Irene Thomson, QSC Restaurants, Inc., Transmedia,
Inc., D. Jensen Enterprises, and Trillium Corporation; as recommended by
the County Assessor, Steve Miller.
Motion Carried 2 - 0.
M O T I O N
Commissioner Disney moved that the Board approve the following
miscellaneous documents: Club Estates 2nd Subdivision Amended Plat of
Lots 18 and 19; CdeBaca Minor Residential Development Plat; Geist Minor
Land Division; and Appointment of Deputy, with Oath Form for Ronald P.
Claeys as Deputy District Attorney for Larimer County.
Motion carried 2 - 0.
LIQUOR LICENSES: County Approval was granted to Mountain Greenery Resort
- 6% - Bellvue, CO. A License was issued to The Landings Restaurant &
Beach Club - 6% WITH EXTENDED HOURS - Fort Collins, CO.
M O T I O N
Commissioner Disney moved that the Board approve the following
documents:
A93-61 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND DONALD E. ZIMMERMAN CONCERNING AUDREY'S
ACRES MINOR RESIDENTIAL DEVELOPMENT
A93-62 TEMPORARY EMPLOYMENT AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND WILLIAM W. CAMPTON
A93-63 ASSISTANCE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS
AND THE UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF
RECLAMATION (Improvements at Four Reservoirs)
R93-45s RESOLUTION REGARDING FINDINGS AND RESOLUTION CONCERNING THE
PLAT OF BRACKENBURY MINOR RESIDENTIAL DEVELOPMENT
R93-46z WAIVER PHASING CRITERIA FINDINGS AND RESOLUTION CONCERNING
EDWARD MISTLER JR. (UGA Waiver for Public Sewer)
R93-47z SPECIAL REVIEW FINDINGS AND RESOLUTION CONCERNING THE PETITION
OF US WEST/NEW VECTOR
Motion Carried 2 - 0.
The meeting recessed at 10:15 a.m.
LEGAL MATTERS
The Board of County Commissioners reconvened at 10:45 a.m. in regular
session with George Hass, County Attorney. Chairman Pro-Tem Duvall
presided; Commissioner Disney was present. Chairman Hotchkiss was
absent. Also present were: Rex Smith, Director of Public Works; Dot
McKean, Right-Of-Way Agent; and Bill Gordon, County Administrator.
Recording Clerk, S. Graves.
After discussion of the legal authority regarding the re-opening of a
blocked right-of-way in the northern part of Larimer County (Nielson
Case), it was determined that the County has no plans to open the
right-of-way at this time.
The meeting recessed at 11:05 a.m.
LIQUOR LICENSE HEARING FOR BOYD LAKE MARINA, INC., DBA BURGER BAY
(#192 @ 2780)
The Board of County Commissioners reconvened at 2:00 p.m. for a public
hearing to consider the granting of a Colorado Fermented Malt Beverage
(3.2%) License Application for Boyd Lake Marina, Inc., dba Burger Bay.
Chairman Pro-Tem Duvall presided; Commissioner Disney was present.
Chairman Hotchkiss was absent. Also present were County Attorney,
George Hass, and Bill Gordon, County Administrator. Recording Clerk, S.
Graves.
Following a review of the contents of the application file by Mr. Hass,
applicant Ken Slota was sworn in and questioned. Mr. Slota made a
presentation concerning the application, including clarifications
requested during the review of the file. For the record, Mr. Hass noted
that there was no one appearing in opposition to the granting of this
license.
This matter coming on to be heard this 7th day of April, 1993, upon the
application of Boyd Lake Marina, Inc., dba Burger Bay, for a Colorado
Fermented Malt Beverage (3.2% Beer) License, and the said Board of
County Commissioners having heard the testimony and evidence, has
considered the same and being fully advised on the premises, find that
the requirements of the neighborhood and the desires of the inhabitants
indicate that the said license should be granted. Therefore, it is
ordered that a Colorado Fermented Malt Beverage (3.2% Beer) License be
granted to Boyd Lake Marina, Inc., dba Burger Bay, located at 3720
County Road 11, Loveland, CO.
M O T I O N
Commissioner Disney moved that since the Board of County Commissioners
has considered the evidence and testimony of the application of Boyd
Lake Marina, Inc., dba Burger Bay, and determined that all the
requirements have been met for a Colorado Fermented Malt Beverage (3.2%
Beer) License at the location at 3720 County Road 11, Loveland, CO.,
that this license be granted.
Motion carried 2 - 0.
The meeting recessed at 2:15 p.m.
LIQUOR LICENSE HEARING FOR BOYD LAKE MARINA, INC.
(#192 @ 3800)
The Board of County Commissioners reconvened at 2:20 p.m. for a public
hearing to consider the granting of a Colorado Fermented Malt Beverage
(3.2% Beer) License Application for Boyd Lake Marina, Inc. Chairman
Pro-Tem Duvall presided; Commissioner Disney was present. Chairman
Hotchkiss was absent. Also present were George Hass, County Attorney,
and Bill Gordon, County Administrator. Recording Clerk, S. Graves.
Following a review of the contents of the application file by Mr. Hass,
applicant Ken Slota was sworn in and questioned. Mr. Slota made a
presentation concerning the application, including clarifications
requested during the review of the file. For the record, Mr. Hass noted
that there was no one appearing in opposition to the granting of this
license.
This matter coming on to be heard this 7th day of April, 1993, upon the
application of Boyd Lake Marina, Inc., for a Colorado Fermented Malt
Beverage (3.2% Beer) License, and the said Board of County Commissioners
having heard the testimony and evidence, has considered the same and
being fully advised on the premises, find that the requirements of the
neighborhood and the desires of the inhabitants indicate that the said
license should be granted. Therefore, it is ordered that a Colorado
Fermented Malt Beverage (3.2% Beer) License be granted to Boyd Lake
Marina, Inc., to be located at 4314 County Road 11C, Loveland, CO.
M O T I O N
Commissioner Disney moved that since the Board of County Commissioners
has considered the evidence and testimony of the application of Boyd
Lake Marina, Inc., and determined that all the requirements have been
met for a Colorado Fermented Malt Beverage (3.2% Beer) License at the
location of 4430 County Road 11 C, Loveland, CO., that this license be
granted.
Motion carried 2 - 0.
The meeting adjourned at 2:40 p.m.
__________________________________
COURTLYN W. HOTCHKISS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
( S E A L )
ATTEST:
______________________________________
Sherry E. Graves, Deputy County Clerk
