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Board of County Commissioners
Tuesday Current Agenda

Board of County Commissioners (“BOCC”) Meeting
Tuesday, November 25, 2014 9:00 AM
Centennial Hall Auditorium
200 S. Cascade Avenue, Colorado Springs, Colorado


Call to Order.

1.  Invocation.

2.  Pledge of Allegiance.

3.  Staff Emergency Items.

4.  Changes/Postponements/Notice of Next Meeting.

5.  Comments by Elected Officials and Commissioner Liaison Report(s).

6.  Public comment on items not scheduled on the agenda and Community Organization Reports.

7.  Consent Calendar:

a.  Request consideration and approval of a resolution to approve a Memorandum of Agreement and approve and accept Special Warranty Deeds (Parcels 6 and 6A) from Roger Barrack, Andre Brandt and Scott Smith, related to the Stapleton Road Extension Project. (Jim Reid - Executive Director, Public Services Department/Andre Brackin - County Engineer, Public Services Department)

b.  Resolution to approve Second Amended and Restated Intergovernmental Agreement for Pikes Peak Rural Transportation Authority Funded Capital Projects and Maintenance Programs. (Diana May - Senior Assistant County Attorney)

8.  Land Use Consent Calendar:

a.  VARIANCE OF USE - CAVE OF THE WINDS TOWER RENEWAL - (A quasi-judicial matter before the Board of County Commissioners) - Request by Mark McGarey and the property owner, Centennial Enterprises, for approval of a variance of use renewal for two (2) existing commercial mobile radio service (CMRS) facilities with a maximum height of 22-feet in the F-5 (Forestry) district.  The 12.18 acre metes and bounds property is part of the Cave of the Winds property. The property is located  aproximately .15 mile north of the Cave of the Winds exit off of Highway 24, Section 31, Township 13 south, Range 67 west of the 6th Principal Meridian, El Paso County, Colorado.  This property is located within the Ute Pass Comprehensive Plan. (Tax Schedule No. 73000-00-244) (VA-14-006) (Nina Ruiz - Project Manager/Planner II, Development Services Department)

b.  PRELIMINARY PLAN - MGP SUBDIVISION - (An administrative matter before the Board of County Commissioners) A request by MGP, Inc. for approval of a two year extension of time to file any final plat associated with the MGP Subdivision, preliminary plan (SP-05-024).  The site is located southeast of the intersection of County Line Road and Interstate 25.  (Tax Schedule Nos. 71022-00-013 and 71022-00-008) (SP-05-024) (Kari Parsons - Project Manager/Planner II, Development Services Department)

c.  MAP AMENDMENT (REZONE) - MESA RIDGE MINI-WAREHOUSE - (A quasi-judicial matter bofore the Board of County Commissioners) - Jonathan Kamins requests a map amendment to rezone portions totaling 5.2+/- acres of two parcels from the Residential Suburban (RS-5000) zone district to the Commercial Service (CS) district. The property is located north of Syracuse Street, west of Quebec Street and across from Mesa Ridge High School and is within Section 19, Township 15 South, Range 65 West of the 6th P.M. (Tax Schedule Nos. 55193-13-007 and 55193-13-010) (CS-14-001) (Kari Parsons - Project Manager/Planner II, Development Services Department)

d.  FINAL PLAT - MESA RIDGE SELF STORAGE FILING NO. 1 -  (A quasi-judicial matter before the Board of County Commissioners) - A request by Jonathan Kamins for approval of a Final Plat for a 5.2+/- acre commercial lot, and a 2.7 non-development tract. The proposed 7.9+/- acre development is in the (Residential Suburban) RS-5000 zone district.  The 5.2+/- acre commercial lot is concurrently being requested to be amended to the Commercial Service (CS) zone district.  The property is not within a comprehensive planning area.  The property is located north of Syracuse Street, west of Quebec Street and across from Mesa Ridge High School and is within Section 19, Township 15 South, Range 65 West of the 6th P.M. (Tax Schedule Nos. 55193-13-007 and 55193-13-010) (MS-14-004)
(Kari Parsons - Project Manager/Planner II, Development Services Department)

e.  SKETCH PLAN EXTENSION - STERLING RANCH - (An administrative matter before the Board of County Commissioners) - Request by Morley-Bentley Investments LLC for approval of a two (2) year extension for the Sterling Ranch Sketch Plan, consisting of 1,443.7 acres, proposed for 5,500 residential units, 56 acres of commercial, 57 acres of school sites, 210 acres of parks and open space and a two-acre utility site. The property is located generally east of Vollmer Road and north and south of the proposed extension of Briargate Parkway. (Schedule Nos. 52000-00-081, 52000-00-136, 52000-00-265, 52000-00-281, 52200-00-135, 52280-00-016, 52330-00-001, 53000-00-173) (SKP-07-007) (Kari Parsons - Project Manager/Planner II, Development Services Department)

f. FINAL PLAT - JACKSON RANCH FILING 1 - (A quasi-judicial matter before the Board of County Commissioners) - A request by Four Gates Development LLC for approval of a final plat for six (6) single-family residential lots, public right-of-way, and an open space tract within the RR 2.5 (Rural Residential) zone district.  The parcel is 27.41 ± acres and is located east of Rollercoaster Road and north of Higby Road, and south Sahara Road in the Section 21, Township 11 South, Range 66 West of the 6th Principle Meridian. The property is within the Tri-Lakes Small Area Plan. (Tax Schedule No. 61210-00-015) (SF-14-018) (Nina Ruiz - Project Manager/Planner II, Development Services Department)

9.  Land Development Code, Engineering Criteria Manual, Code or Ordinance Violation Matters Consent Calendar:

a.  Request to authorize the County Attorney's Office to pursue litigation to bring the property at 1510 Peterson Road into compliance with El Paso County Ordinance No. 06-02 and the El Paso Land Development Code (continued from October 14, 2014). (Steven Klaffky - Assistant County Attorney/Terry Rorick - Code Enforcement Officer, Development Services Department)

b.  Request to authorize the County Attorney's Office to pursue litigation to bring the property at 1306 Corning Place into compliance with El Paso County Ordinance No. 06-02. (Steven Klaffky - Assistant County Attorney/Gayle Jackson - Code Enforcement Officer, Development Services Department)

c.  Request to authorize the County Attorney's Office to pursue litigation to bring the property at 5162 Alturas Circle into compliance with El Paso County Ordinance Nos. 06-02 and 06-03. (Steven Klaffky - Assistant County Attorney/Gayle Jackson - Code Enforcement Officer)

d.  Request to authorize the County Attorney's Office to pursue litigation to bring the property at 149 Davie Drive into compliance with El Paso County Ordinance Nos. 06-02 and 06-03. (Steven Klaffky - Assistant County Attorney/Gayle Jackson - Code Enforcement Officer, Development Services Department)

e.  Request to authorize the County Attorney's Office to pursue litigation to bring the property at 117 Fordham Street into compliance with El Paso County Ordinance Nos. 06-02 and 06-03. (Steven Klaffky - Assistant County Attorney/Gayle Jackson - Code Enforcement Officer, Development Services Department)

f.  Request to authorize the County Attorney's Office to pursue litigation to bring the property at 7215 Woodstock Street into compliance with El Paso County Ordinance No. 06-03. (Steven Klaffky - Assistant County Attorney/Gayle Jackson - Code Enforcement Officer, Development Services Department)

10.  Proclamation recognizing “Pearl Harbor Day” and marking the 73rd Anniversary of this historic date that forever "Lives in Infamy", December 7, 1941 - December 7, 2014. (Sallie Clark – Commissioner, El Paso County Board of County Commissioners)

11.  Called-Up Consent Calendar.

12.  2014 Emergency Management Resolution to re-establish the El Paso County Office of Emergency Management (OEM) as directed by the El Paso County Board of County Commissioners. (Jim Reid - Executive Director, Public Services Department)

Land Use Regular Items:
13. 
MAP AMENDMENT (REZONE) - PLANNED UNIT DEVELOPMENT - MEADOW LAKE INDUSTRIAL PARK PUD ZONING AND CONCEPTUAL PLAN - (A Quasi-judicial matter before the Board of County Commissioners) - GRR Partners, John Ventimiglia, and Kevin O’Neil request approval of a PUD zoning and conceptual plan.  Approval of the PUD zoning concept plan would identify 254.5 acres of industrial and commercial uses as the final planned uses within the district subject to additional land use approvals. The parcels are located adjacent to the Meadow Lake Airport at the northwest intersection of Falcon Highway and Curtis Road and are located within Section 9, Township 13 South, Range 64 West of the 6th P.M. (Tax Schedule Nos., 43000-00-548, 43000-00-551, 43000-00-552, and 43000-00-553) (PUD-13-007) (Raimere Fitzpatrick - Project Manager/Planner II, Development Services Department)

14.  SPECIAL USE - WILD BLUE ANIMAL RESCUE AND SANCTUARY - (A Quasi-judicial matter before the Board of County Commissioners) - A request by Lauri Cross and Scott Trimbolli (property owners) for approval of an animal refuge in the RR-5 (Residential Rural) zone district.  The parcels totaling 14 acres are located approximately .25 miles southeast of the intersection of Burgess and Holmes Road in Section 19, Township 12, Range 65 West of the P.M., El Paso County Colorado. The properties are within the boundaries of the Black Forest Preservation Plan. (Tax Schedule Nos. 52190-00-038, 52190-00-047 and 52190-00-109) (AL-14-004) (Nina Ruiz - Project Manager/Planner II, Development Services Department)

15.  EL PASO COUNTY LAND DEVELOPMENT CODE AMENDMENT - IDENTIFICATION OF MARIJUANA CLUB AS A PROHIBITED USE - (A Legislative Action by the Board Of County Commissioners) - The El Paso County Development Services Department requests an amendment to the El Paso County Land Development Code (2013) to identify that a Marijuana Club is a prohibited land use in all zoning districts. The proposed amendments include adding a definition “Club, Marijuana”, listing in Use Table 5-1 Principal Uses and Table 5-2 Accessory Uses, Section 5.3.1 Temporary Use Permits, and adding a footnote to the tables that a Marijuana Club is a prohibited use. (LDC-14-003) (Mark Gebhart - Deputy Director, Development Services Department)

16.  Department and Committee Reports/Non Action Items.

17.  Addendum.

18.  Executive Session.


Adjourn.


NOTES:

BOCC meeting agendas, backup materials and meeting results as well as archived agendas and audio recordings of BOCC meetings are available free of charge on the County's website at http://bcc2.elpasoco.com/bocc/agenda.asp.  Backup materials for agenda items may be publicly viewed in the Reader’s file located in the Office of the BOCC.

The live audio/video may be accessed at http://bcc2.elpasoco.com/Audio/default.asp.

The BOCC may recess for lunch if consideration of agenda items extends beyond the morning session.  A time to reconvene and complete discussion of the scheduled items will be announced.

Audio and audio/video copies of the record may be purchased by contacting the El Paso County Clerk & Recorder’s Office at (719) 520-6430.