MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, September 20, 2004
LAND USE HEARING
(#111 & 112)
The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner; Chair Pro-Tem Gibson presided and Commissioner Bender was present. Also present were Karin Madson, Porter Ingram, and Sean Wheeler, Planning Department; Jeff Sigler and Dave Shirk, Estes Valley Planning Department; Roxann Hayes, Engineering Department; Jeannine Haag, Assistant County Attorney; and Jean O’Connor, Clerk to the Board.
1. CRYSTAL LAKES 16TH SECTION 8.1.5 APPEAL: SW 06-10-73 ; LOCATED EAST OF CRYSTAL LAKES 5TH FILING AND NORTH OF CRYSTAL LAKES 3RD FILING, OFF OF NAVAHO ROAD
This is a request for an appeal to Adequate Public Facilities Section 8.1.5 Road Capacity and Level of Service Standards requiring improvements to the existing transportation system. Staff recommendation is for approval subject to the following conditions: 1. 1) CR 73C Paving: The applicant shall pay a fee-in-lieu of improvements equivalent to the percentage impact on 73C. Based on 1196 existing lots (per the applicant's traffic study), the 9 new lots will generate 0.75% of the traffic. CR 73C will cost a total of $3,596,050 to pave (includes engineering/ construction management). Therefore, the applicant will pay 0.75% of this cost, for a total of $26,858. This amount will be due at the time of final plat recording. This money will be used within 7 years for paving CR 73C by the Engineering Dept; 2. Tami Road Paving: At the time of final plat, the applicant will provide an executed agreement with the Crystal Lakes HOA. This agreement will detail payments to be made by the applicant to the Crystal Lakes HOA of cash, cash plus improvements, or improvements equivalent to the paving of this road; 3. Tami Road bridge: This bridge is functionally obsolete and perhaps structurally deficient. This is a safety concern that needs to be completely satisfied by the applicant. Before preliminary plat approval, the applicant will hire a professional engineer certified in the State of Colorado to evaluate the bridge and recommend repairs and/or reconstruction to bring the bridge into compliance with the Larimer County Road Manual; 4. Final Plat recording:
The final plat for this proposed Crystal Lakes 16th Filing Subdivision shall be recorded within two years of the Findings & Resolution approving this appeal, or this appeal approval shall be null and void.
Ms. Madson briefed the Board on the appeal application and stated that the applicant and staff agree on the conditions of approval for the appeal. Mr. Don Weixelman, the applicant concurred with Ms. Madson.
Mr. Weixelman asked if the roads were to be constructed to Level G Standards and Ms. Hayes stated that staff is willing to consider that option at this point, and noted that that issue is not related to the appeal before the Board today.
Chair Pro-Tem Gibson stated that condition #1 stated a specific dollar amount as opposed to the percentage to be paid as noted by the applicant. Ms. Madson stated that staff believes there is an agreement between the applicant and the Crystal Lakes Homeowners’ Association, but that staff has not seen the document. Ms. Hayes concurred and noted that staff believes the condition is flexible enough to deal with the Road and Recreation Association.
Ms. Haag stated that the way condition #2 is worked, once an agreement is reached, staff can not negotiate any further. Ms. Hayes replied that the road is private and staff is willing to accept what is presented in the agreement and maybe a similar statement should be included in condition #3. Ms. Haag stated that the bridge is a safety issue and therefore the County wants it fixed and not have dollars escrowed.
Commissioner Bender moved that the Board of County Commissioners approve the Crystal Lakes 16th Filing Appeal of Section 8.1.5 of the Land Use Code as presented and outlined above.
Motion carried 2 – 0.
2. LARSON APPEAL: 35-09-74: ON THE SOUTH SIDE OF THE POUDRE RIVER, NEAR IDYLWILDE
This is a request for approval to use the Minor Land Division Process to create a plat of record for an illegal lot. Staff finds that information provided by the applicant raises significant concerns over impacts related to slopes and the flood plain. The lot would need a lot size variance and setbacks variances for any structures and the septic system, before pursuing the Minor Land Division process. The applicant’s representative has indicated that creating a building site and locating a septic system are questionable. Given these concerns and uncertainties, staff can state that the project would not receive a recommendation of approval if it moves forward. Staff recommendation is denial of the request to allow the applicant to pursue the Minor Land Division process to create a plat of record for an illegal lot.
Mr. Wheeler stated that the applicant would probably need to proceed through several additional appeals, at significant cost, and may also need to address several health and safety issues.
Mr. Larson provided the Board with the history of the lot and noted that this current situation is through no fault of his. The lot was represented as a legal lot before he purchased it.
Mr. William Hanson, consultant for the applicant stated that he has done business in Larimer County for the past 35-years and most recently with FEMA regarding the 100-year floodplain. Staff concerns with this parcel regarding floodplain issues are unfounded. As for wastewater, Mr. Hanson stated that he recommends a vault.
At this time the hearing was opened to the public and Mr. Wiexleman stated that he represented Brad Hackleman when the lot was sold and that legislation at the time affected people's property rights, yet no one knew about it and that is why there are many of these situations in the County.
Public comment was closed and Commissioner Bender asked how construction would impact the Poudre River. Mr. Ingram stated that he has concerns regarding erosion and access and that the Poudre River has been federally designated as a Wild and Scenic River, which has significant recreational and wildlife values.
Chair Pro-Tem Gibson asked if the original lot size was allowed in that zoning district and Mr. Helmick stated that at the time the parcel was divided, it was not divided legally. It would have been legal if it were divided prior to 1971.
Much discussion ensued regarding the necessary appeals, necessary approvals and the potential for the outcome of those appeals to be negative.
Commissioner Bender asked what options are available to Mr. Larson and Mr. Helmick stated that he could add the parcel to another parcel. Chair Pro-Tem Gibson stated that he could not support the appeal with outstanding code revisions.
Commissioner Bender moved that the Board of County Commissioners deny the Larson Appeal to use the Minor Land Division process to create a plat of record for an illegal lot.
Motion carried 2 – 0.
3. DOEHRING ZONING VIOLATION: 3501 DEVILS GULCH RD
This is an alleged violation of Section 5.1.N.2 of the Estes Valley Development Code. Prohibited uses – Junkyards. Staff findings include: 1. The property is owned by Jeffrey Doehring; 2. Outside storage is a violation of the Estes Valley Development Code in residential zoning districts. Staff recommendation is as follows: 1. The Board of County Commissioners find a violation of the Estes Valley Development Code exists; 2. Require compliance within 30 days; 3. Compliance requires all outside storage of materials and vehicles to cease; 4. Requires the property to remain in compliance; 5. Authorize legal action if these conditions are not met.
Mr. Sigler stated that he had been contacted last week by Mr. Doehring and has asked for additional time to clean up his parcel and staff is recommending 120-days. Mr. Brian McMahill, representative for Mr. Doehring stated that he accepts the 120-days on behalf of Mr. Doehring.
Commissioner Bender moved that the Board of County Commissioners find a violation exists, require compliance with the Estes Valley Development Code within 120-days and that the property remain in compliance and authorize legal action if compliance is not achieved and/or compliance does not remain.
Motion carried 2 – 0.
4. NYTES ZONING VIOLATION: 1753 WILDFIRE ROAD
This is an alleged violation of conditions of approval for a Special Exception #98-VE 1155, which specifically prohibits outdoor storage. Staff findings include: 1. Rock Solid Foundation owns the property; 2. A variance/special exception was granted to allow a single-family residence in 1998. That special exception was conditioned upon having no outside storage of materials or vehicles, or outside maintenance of vehicles; 3. The outside storage is in violation of the special exemption granted in 1998; 4. Use of the parcel in violation of the special exemption will affect surrounding property values and the neighbor’s ability to enjoy their own properties. Staff recommendation is as follows: 1. Find a violation of the conditions of approval for the special exception #98-VE 1155 exists; 2. Require compliance within 30 days; 3. Compliance requires that all outdoor storage of materials and vehicles cease; 4. Require the property to remain in compliance; 5. Authorize legal action if these conditions are not met.
Mr. Shirk stated that Mr. Nytes requested a special exception in 1998 to allow his residence on a commercial parcel. This request was conditionally approved and stipulated that there shall not be any outside storage of materials and there shall not be any outside storage or maintenance of vehicles. Mr. Shirk stated that Mr. Nytes has a business called Rock Solid Foundation and provided pictures of the trucks for that business being stored at the site, which is a violation.
Mr. Jim Nytes and Billie Nytes, owners stated that the vehicles move almost daily and noted that the surrounding parcels were also zoned C-Commercial at the time they purchased their property. However, in 2000 the Town of Estes Park decided to rezone most of the Town, which changed his zoning as well as other parcels in the area, to different types of residential zoning. When residential building started happening, that’s when complaints about his property started. Mr. Nytes stated that the vehicles are not stored; they are parked there for repair and usually waiting for a bay to open for maintenance. Commissioner Bender asked if in 1998, when the variance was approved to allow his resident, did Mr. Nytes agree to the conditions of approval and Mr. Nytes replied in the affirmative.
Chair Pro-Tem Gibson clarified that I-Industrial zoning would allow for the storage and maintenance of the business vehicles, even back in 1998. Commissioner Bender agreed and stated that the Nytes would need to make application to change their zoning or request another variance to allow the business vehicles onsite.
Mr. Nytes asked why services are being “squeezed out” of Estes Park and requested a written definition for each “storage” and “parking”.
At this time the hearing was closed for public comment and Commissioner Bender stated if the Nytes’ want their business vehicles on-site, then they need to go through the appeal process.
Commissioner Bender moved that the Board of County Commissioners find a violation of the conditions of approval for a special exception #98-VE1155 exists, and the property shall comply with these conditions within 60-days and remain in compliance. If conditions are not met, legal action is authorized.
Motion carried 2 – 0.
There being no further business, the hearing adjourned at 5:15 p.m.
TUESDAY, SEPTEMBER 21, 2004
The Board of County Commissioners met at 9:30 a.m. with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Donna Hart, Commissioners’ Office; John Gamlin and Wynette Cerceillo, Human Resources; Andy Paratore, Information Management Services; and Jean O’Connor, Clerk to the Board.
1. PUBLIC COMMENT: None
2. APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 13, 2004 :
Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of September 13, 2004 as presented.
Motion carried 3 – 0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 27, 2004: Ms. Hart reviewed the schedule with the Board.
4. CONSENT AGENDA: Chair Rennels stated that the second agreement on the consent agenda has been removed.
Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as presented and with the removal of the second agreement.
09212004A001 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JOHN AND JEANNE PERRINE FOR THE PERRINE SUBDIVISION
09212004A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC FOR A RIGHT-OF-WAY EASEMENT
09212004D001 DEED OF DEDICATION OF PROPERTY BY WESTERN MOBILE NORTHERN, INC FOR USE AS A PUBLIC HIGHWAY
09212004D002 DEED OF DEDICATION OF PROPERTY BY THE JUDSON FAMILY TRUST FOR USE AS A PUBLIC HIGHWAY
09212004D003 DEED OF DEDICATION OF PROPERTY BY CONSTANCE A FREDMAN FOR USE AS A PUBLIC HIGHWAY
09212004R001 FINDINGS AND RESOLUTION APPROVING THE PRAIRIE VIEW ESTATES CONSERVATION DEVELOPMENT
09212004R002 FINDINGS AND RESOLUTION APPROVING THE TARUM MINOR LAND DIVISION
09212004R003 FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT OF EHRILICH PLANNED LAND DIVISION AND REZONING
09212004R004 FINDINGS AND RESOLUTION APPROVING THE WENNINGER PRELIMINARY RURAL LAND PLAN
09212004R004 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR PERRINE SUBDIVISION
MISCELLANEOUS: Annual Compliance Certification and Semi Annual Monitoring Report for air emissions; Support letter for Health and Environment’s application for Preventative Block Grant funds; Department of Human Services payments for August 2004; Perrine Subdivision Final Plat; Miscellaneous agreement between the Board of County Commissioners and an employee.
LIQUOR LICENSES: The following licenses were both approved and issued: Horsetooth Liquor- Retail- Fort Collins, CO and Bohemian Cottage Restaurant- Hotel & Restaurant- Loveland, CO. The following licenses were issued: Castillon’s Mexican Restaurant- Hotel & Restaurant- Fort Collins, CO and City Limits Lounge- Tavern- Fort Collins, CO. New Manager Registration for The Fort Collins Plaza Inn.
Motion carried 3 – 0.
Commissioner Bender moved that the Board of County Commissioners authorize the Chair to sign the agreement and resolution upon receipt for the Carrie Martin School Grant.
Motion carried 3 – 0.
5. INFORMATION MANAGEMENT SERVICES (IMS) DIVISION-WIDE ON-CALL PAY: Mr. Gamlin stated that IMS would like the ability to support communication and information systems in “off-hours” to provide better service to customers and the community. Mr. Gamlin stated that IMS created a cross functional team to work with Human Resources to develop a Departmental on-call policy/procedure to meet those needs and is requesting compensation for staff, exempt and non-exempt, with funds from the existing budget. Ms. Cerceillo noted that Human Resources supports the proposed concept of the on-call policy and procedure and stated that it may apply to other County departments as well. In order to proceed with the on-call policy, Mr. Paratore stated, a waiver of the Personnel Policy Section 331.5c.IX is necessary and requested approval of an IMS Division-wide on-call pay of $250 stipend or 8 hours of leave for on-call staff for each one-week period, for up to six months, or until the County implements a new countywide on-call policy. The Board did not express any concerns with the request to implement the on-call procedures for IMS.
Commissioner Bender moved that the Board of County Commissioners approve a waiver of the Personnel Policy Section 331.5c.IX and approve the IMS Division-wide on-call pay of $250 stipend or 8 hours of leave for staff on-call for each one-week period to be effective September 12, 2004 for a period of six months, or until the County implements a new countywide on-call policy.
Motion carried 3 – 0.
6. WORK SESSION: Mr. Gluckman informed the Board that he attended a CCI meeting last week at which both the Bail Bonds and Good Times pending bills were discussed. Mr. Gluckman stated that Sheriff Alderden would meet with the Board of the County Sheriffs of Colorado Association next week to determine the official stance of the Association.
7. COMMISSIONER REPORTS: The Board noted their attendance at events the past week.
8. LEGAL MATTERS: None
There being no further business, the meeting adjourned at 10:05 a.m.
KATHAY RENNELS, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
(S E A L)
A T T E S T
Jean M. O’Connor, Clerk to the Board