> Meetings & Minutes > 1994 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MARCH 28, 1994

SUBDIVISIONS

(#476 & 477)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Pro-Tem Disney presided, Commissioner Hotchkiss was present and Chair Duvall was absent Also present were: Al Kadera, Subdivision Administrator; Carol Evans, Planner; John Pedas, Code Enforcement Officer; Rex Burns, Engineering; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Barnett stated that the following are Consent Items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. FERGUSON SUBDIVISION LOTS 9 & 10 AMENDED PLAT (#94-SA0435):

35-05-73; WEST OF MARY'S LAKE ROAD, SOUTH OF HIGHWAY 36;

WEST OF ESTES PARK; 82 ACRES; 1 LOT; T-TOURIST ZONING

(03-28-94)

This is a request for an Amended Plat of Lots 9 & 10, Block 1, Ferguson Subdivision to combine two existing lots into a single building site. Staff Findings include: 1) Ferguson Subdivision was approved in 1904; 2) This request is to combine two lots into a single building site; 3) This request includes the vacation of an existing utility easement which is centered on the existing lot line; 4) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and Easement Vacation and stated no objections. Staff Recommendation is for Approval of the Amended Plat of Lots 9 and 10, Block 1, Ferguson Subdivision including the vacation of the utility easement centered on the original lot line.

2. HIGH PINES LOTS 19 & 32 AMENDED PLAT (#94-SA0436)

25-05-73; SOUTH OF RIVERSIDE DRIVE, WEST OF ESTES PARK;

.71 ACRES; 2 LOTS; E-ESTATE ZONING (03-28-94)

This is a request for an Amended Plat of Lots 19 & 32 High Pines to reconfigure two existing lots. Staff Findings are: 1) High Pines Subdivision was approved in 1911; 2) A dwelling was constructed many years ago on the lot line between Lots 19 & 32. This Amended Plat is intended to correct the encroachment; 3) The County Health and Engineering Departments and all utilities serving this area have reviewed the proposed Amended Plat and stated no objections. Staff Recommendation is for Approval of the Amended Plat of Lots 19 & 32, High Pines Subdivision.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff Recommendations and approve the Ferguson Subdivision Lots 9 & 10 Amended Plat (#94-SA0435) and High Pines Lots 19 & 32 Amended Plat (#94-SA0436).

Motion carried 2 - 0.

3. ROBBS MINOR RESIDENTIAL DEVELOPMENT APPEAL (#94-0S0434):

32-09-68; SOUTHEAST CORNER OF COUNTY ROAD 64 AND COUNTY

ROAD 11; O-OPEN ZONING (03-28-94)

This is a request to allow a Minor Residential Development application to be processed to divide this lot into two building sites. Mr. Kadera reviewed the request and submitted a map of the site. Staff Findings include: 1) The Minor Residential Development process was amended on February 1, 1993 to limit the areas of the County eligible for a Minor Residential Development and to require that all proposed Minor Residential Development lots meet all current standards, including minimum lot size; 2) This site is outside the area designated for Minor Residential Developments and the proposed lots cannot meet minimum lot size requirements; 3) The applicant has owned the site since 1968 and currently has two dwellings on the site; 4) The intent is to divide the site so each dwelling is on a separate lot. Staff Recommendation is for Denial of this request for appeal.

M O T I O N

Commissioner Hotchkiss moved that the Board grant the Robbs Minor Residential Development Appeal, thereby allowing the applicant to go before the Board of Adjustment and request a lot size variance.

Motion carried 2 - 0.

4. BAIRD MINOR RESIDENTIAL DEVELOPMENT (#93-EX0411):

SE 1/4 34-05-68; WEST OF INTERSTATE 25 ON THE WEST SIDE

OF COUNTY ROAD 5, 1/2 MILE NORTH OF COLORADO HIGHWAY

60; 55 ACRES; 2 LOTS; FA-FARMING ZONING (03-28-94)

This is a request for a Minor Residential Development to divide 55 acres into two lots of 8 acres and 47 acres for single family residential use. Ms. Evans provided the area description and stated that Staff is mainly concerned with the compatibility of the proposal with the existing development and uses in the area. Staff Findings are: 1) The proposed Baird Minor Residential Development is consistent with the application requirements for Minor Residential Developments as contained in the Subdivision Resolution regarding number of lots, proposed use, zoning and access; 2) This property is located in an agriculture area; residential uses can be negatively impacted by normal agricultural practices which create noise, odor and blowing dust; 3) Interstate Highway 25 is located approximately 1/8 of a mile to the east of this site and there is potential for substantial noise impacts at this location because of the proximity to the highway; 4) Commercially-zoned property is located directly east of this site and is currently being used for trailer sales and farm equipment sales. Several residences are located in the area; these residences appear to be related to the agricultural and commercial uses; 5) The proposed Baird Minor Residential Development does not appear to be compatible with the existing agricultural, commercial and transportation uses in this area. Approval of the proposed residential use would not promote compatible development of the area. Staff Recommendation is for Denial of the proposed Baird Minor Residential Development.

Property owner, Alvin Geist, addressed the Board stating that he disagrees with Staff that the request is not compatible with the development and existing uses of the surrounding properties as his property is used for agriculture now and will remain agriculture, and there is development around his property. Discussion followed; suggestions were made that, pending approval of this request, conditions be written for notes to be placed on the plat regarding: 1) Improvements on CR 5 not currently being planned; 2) Awareness of existing intensive agricultural uses in the area; 3) Residential sprinkler systems required if residence is more than 400 feet from a fire hydrant; 4) The existing fire hydrant be tested to determine if it meets the fire code requirement, etc.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Baird Minor Residential Development and requested Staff and the County Attorney draft the appropriate findings and conditional recommendations consistent with the discussion held this morning.

Motion carried 2 - 0.

5. WILLIAMS ALLEGED JUNK/SALVAGE YARD (#93-ZV0376):

ELM ROAD, ESTES PARK (03-28-94)

This alleged violation is for storing/salvage of automobiles in the C-Commercial Zoning District. Mr. Pedas reviewed the major issues and concerns, submitted photos of the site and surrounding area, and noted that complaints have been received from surrounding property owners. Staff Findings include: 1) The subject property is zoned C-Commercial; 2) The C-Commercial Zone does not permit auto salvage operations, or outside storage not accessory to a permitted use; 3) The predominant use in the area on the west side of Elm Road is secured utility and maintenance shops; 4) The area to the northeast is predominantly industrial in nature with intense outside storage; 5) Continued use of the subject property inconsistent with the provisions of the zoning regulations may affect property values in the area. Staff Recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the compliance deadline is not met.

Frank Williams, property owner, addressed the Board and stated that this property has had the same use since 1969--it has always been a recycling drop-off or holding point, and he feels he is in compliance under the grandfather law. Mr. Williams stated that he has over forty low-income housing rentals and the renters often leave in the middle of the night and leave their junk vehicles behind and, without the title, it takes a considerable amount of time to dispose of them. Dan Williams, son of the applicant, stated that his Dad has been a contributing member of the community for 39 years; he noted that many of the neighbors have junk and wondered why they were not also cited. Marti Boyer, one of the low-income housing unit renters, stated that she is aware of eight vehicles being left behind in the last three years. Mr. Williams stated he would be happy to comply and remove the abandoned vehicles immediately if the Board gave him written authorization to do so. Commissioner Hotchkiss noted that the Board doesn't have authority to give that authorization, but they and Mr. Pedas will do what they can to help Mr. Williams solve this vehicle disposal problem.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff Recommendation and find that a violation exists, require compliance within 90 days, and authorize legal action if the compliance deadline is not met.

Motion carried 2 - 0.

At this time, the Board moved into the Conference Room for a worksession to discuss the adoption of a proposed interim Intergovernmental Agreement between the County and the Town of Berthoud. Anna Lenahan, Berthoud Town Administrator, Russ Legg, Development Processing Administrator, and Bill Gordon, County Administrator, joined the meeting at this time.

Ms. Lenahan noted that the intent of the Intergovernmental Agreement is to manage growth and its impacts on Berthoud. Commissioner Disney made several suggestions and recommendations for further clarification of the Agreement. Ms. Haag voiced her uneasiness with the Agreement, as written, and noted there are many things in the proposed Agreement which will not be enforceable. After discussion, the Board requested Ms. Haag and Bruce Fickel, Berthoud Attorney, to further review and rewrite the Agreement and return in approximately two weeks for Board approval of the revised Intergovernmental Agreement.

The meeting adjourned at 10:40 a.m.

WEDNESDAY, MARCH 30, 1994

ADMINISTRATIVE MATTERS

(#477 @ 800)

The Board of County Commissioners met at 9:30 a.m. in regular session with Bill Gordon, County Administrator. Chairman Pro-Tem Disney presided, Commissioner Hotchkiss was present and Chair Duvall was absent. Also present were: Rena Mackrill, Director of Human Development; Carol Gillespie, Community Programming Director; Robert Thompson, Community Development Program Specialist; Shelley McGraw, Office on Aging Director; Drew Davis, Sheriff's Department Technician; Russ Legg, Development Processing Administrator; and Tom Garton, Plans Examiner. Recording Clerk, S. Graves.

1. REQUEST FOR APPROVAL AND SIGNATURE ON THE EMERGENCY SHELTER GRANT (ESG) AND EMERGENCY COMMUNITY SERVICES HOMELESSNESS (ECSH) GRANT PROPOSALS: The Board was requested to approve the annual proposals for the Emergency Shelter Grant (ESG) and the Emergency Community Services Homelessness Grant (ECSH). Ms. Gillespie noted that at the Federal level, the funding for the ESG has tripled in potential allocations, so they were invited to submit a more expanded grant application to the State; Mr. Thompson noted that no County dollars are required for these grants.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the request to submit proposals for the Emergency Shelter Grant and Emergency Community Services Homelessness Grant, and authorize the Chairman Pro-Tem to sign same.

Motion carried 2 - 0.

Mr. Gordon stated that Chair Duvall has requested him to make a listing of the types of requests the Board could authorize the County Administrator to approve in lieu of the Board meeting with individuals or groups seeking approval of these requests. Mr. Gordon, therefore, requested approval from Commissioners Disney and Hotchkiss for authorization to approve certain types of requests, such as the grant proposals above, which were either continuations of a current grant or had no fiscal impact on County funding, and then place the items in the basket for signature. CONSENSUS OF THE BOARD was to authorize the County Administrator to approve such grant proposals and similar types of requests in the future, without having to come to the Board for approval.

2. REQUEST FOR APPROVAL AND SIGNATURE ON THE VICTIM'S ASSISTANCE PROGRAM (VALE): Mr. Davis requested Board approval of the Victim's Assistance Program Grant proposal for the Victim's Advocacy Program. Mr. Davis noted that these funds will be used to hire a coordinator and no County dollars are required; the position will be conditional, pending continuation of the grant.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Victim's Assistance Program (VALE) Grant proposal, as requested, and authorize the Chairman Pro-Tem to sign same.

Motion carried 2 - 0.

3. PROPOSED AMENDMENT TO THE APPROVED SITE SPECIFIC DEVELOPMENT PLAN: The Board has received a request from Bill Seaworth to allow him to build storage buildings 30 feet apart on his property on north U.S. 287. Mr. Seaworth wasn't aware he had to have his buildings 40 ft. apart, which is standard building code, and felt he had received approval to use 30-foot separation. Four options were offered for resolution of this problem. After discussion, the Board and Staff concurred Mr. Seaworth should go before the Building Board of Appeals and request a variance. One of the options discussed was for Mr. Seaworth to remove a group of trees on the south portion of his property, which would allow him to place the buildings 40 feet apart; the Board stated they do not want him to remove the trees.

4. APPOINTMENTS TO THE OFFICE ON AGING ADVISORY COUNCIL:

M O T I O N

Commissioner Hotchkiss moved that the Board approve the following appointments to the Office on Aging Advisory Council for a three-year term ending June 30, 1997: Steve Budner, Stanley Ulrich, Cheryl Powell, and Barbara Pusey.

Motion carried 2 - 0.

5. APPOINTMENT TO THE BOARD OF ADJUSTMENT:

M O T I O N

Commissioner Hotchkiss moved that the Board approve the appointment of Deborah Morgan to the Board of Adjustment for a four-year term ending June 30, 1998, as recommended by the Planning Director and the Board of Adjustment.

Motion carried 2 - 0.

6. WORKSESSION:

-- Mr. Gordon noted that since Chair Duvall is out of town, she requested that either Commissioner Disney or Commissioner Hotchkiss attend a meeting today at 11 a.m. at 626 E. 66th between Loveland and Fort Collins to discuss the possible development of a regional Advanced Technology Training Center in Larimer County; Commissioner Disney indicated he will stop in for a short time between meetings he has scheduled for today.

-- Mr. Gordon requested assistance from the Board in that he needs for them to leave three days a week open for him to schedule their meetings. Mr. Gordon noted there are so many meetings to be scheduled and no time to schedule them when the Board schedules individual meetings outside the Courthouse. Commissioner Hotchkiss suggested a moratorium be declared on new committees and new projects until there is some closure on those already proposed. The Board agreed to Mr. Gordon's request and will leave three days a week open for him.

-- Mr. Gordon requested authorization from the Board to approve minor requests when they come to him; such as: 1) A volunteer fireman requesting an excess light bar from the Sheriff's Department; 2) The disposal of an old dispatch console to a man who is willing to haul it away for parts; 3) The donation of an old IBM Selective Typewriter from Diana Stevens to American Legion for parts. The Board authorized Mr. Gordon to approve these requests when they come to him, thereby eliminating the need to come to the Board with these minor requests.

-- Mr. Gordon requested authorization from the Board to begin advertising for appointments to boards and commissions, and asked for clarification from the Board regarding when the terms of current board members expire, who have served one term, will those members be automatically reappointed, if they desire, or do they need to submit application and be considered with other applicants? The Board authorized Mr. Gordon to begin advertising for appointments to boards and commissions and stated that current members should make application for reappointment and be considered along with the other applicants.

-- Mr. Gordon noted that the Board received an invitation from the Poudre Valley Hospital Round Table to attend a luncheon on Tuesday, April 12, 1994 at the Holiday Inn; Commissioner Hotchkiss stated that he will attend this luncheon.

-- In August of 1991, the Board agreed to provide funding for Foothills Gateway Rehabilitation Center in the amount of $175,000 per year to meet the required bond reduction payments and retire the bonds. Commissioner Disney stated that this bond will be retired next year and Foothills Gateway is concerned that their funding, under the new State restructuring, will be impacted and that funding received from Fort Collins, Berthoud and Loveland United Way will be reduced or eliminated. Foothills Gateway has asked if the Board would be willing to continue a commitment to them; because of their new mode of operation to mainstream as much of their population as possible, their facility is often underused and they are willing to work with us, as part of their contribution for the funding, in making available their large meeting rooms for County use. Commissioner Hotchkiss indicated his willingness to consider this request, but suggested not going over the $175,000 annually. Commissioner Disney will discuss this matter further with the Director of Foothills Gateway and their Board.


7. DOCUMENT REVIEW: The following documents, of a routine nature, were considered by the Board:

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Minutes for the week of March 21, 1994 and the Agenda for the week of April 4, 1994, as submitted.

Motion carried 2- 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve Petitions for Abatement, as recommended by the County Assessor Steve Miller, for the following: ABC Concrete Co., Inc.; Vector Sports; AAA Auto Parts; Karver Group; T J Investments; Susan F. Dumont; Oman L. & Marilyn E. White; and Poudre Valley Mobil Home Park Associates.

Motion carried 2 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Amended Plat of Part of Tract 31 of Highland Place, and the Amended Boxberger Exemption & Minor Land Development.

Motion carried 2 - 0.

LIQUOR LICENSES: County Approval was granted to Fox Acres Country Club - 6% - Red Feather Lakes, CO.; Carter Lake Marina - 3.2% - Loveland, CO.; and Hauf Brau Restaurant - 6% - Fort Collins, CO. Licenses were issued to: Wind River Ranch - 6% - Estes Park, CO.; Loyal Order of Moose Lodge #484 - 6% WITH EXTENDED HOURS - Loveland, CO.; Inlet Bay Marina, Inc. - 3.2% - Fort Collins, CO.; and Glen Haven General Store - 3.2% - Glen Haven, CO.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the following documents:

A94-58 CLOSING AGREEMENT FOR KOTINS SUBDIVISION

(Assignment of SIA for Kotin Subdivision)

A94-59 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE CITY OF LOVELAND

A94-60 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS

A94-61 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE ESTES VALLEY

LIBRARY DISTRICT

A94-62 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE TOWN OF RED

FEATHER LAKES

A94-63 EXTENSION AGREEMENT OF A CONTRACT FOR WORK ZONE

TRAFFIC CONTROL BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND SAFETY FLASHER & EQUIPMENT, INC.

OF FORT COLLINS

A94-64 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE CHILDREN'S CLINIC

('94 Human Resource Agreement)

R94-30s FINDINGS AND RESOLUTION CONCERNING THE MASTER

PLAN AND PRELIMINARY PHASE PLAN OF HIGHLAND HILLS

PLANNED UNIT DEVELOPMENT

R94-31s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY

PHASE PLAN AND OFF-SITE WAIVER REQUEST IN

SPRINGFIELD COURT PLANNED UNIT DEVELOPMENT

Motion carried 2 - 0.

The meeting adjourned at 10:10 a.m.

________________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

__________________________________________

Sherry E. Graves, Deputy County Clerk