PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, OCTOBER 27, 1997

LAND-USE PLANNING MEETING

(#259)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Pro-Tem Olson presided and Commissioner Clarke was present; Chair Disney is in Estes Park today. Also present were: Keith Schuett and Dan Tasman, Planners II; Rob Helmick, Senior Planner; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Pro-Tem Olson 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. CRYSTAL LAKES 12TH FILING, LOTS 139 AND 140, AMENDED PLAT

(#97-SA1123FPO): PART OF THE SOUTHEAST 1/4 OF SECTION 3,

TOWNSHIP 10 NORTH, RANGE 74 WEST, SOUTH OF AND ADJACENT

TO TUSCARORA WAY AND SOUTH OF AND ADJACENT TO

TUSKEGEE COURT; 2.58 ACRES; 2 LOTS; E-ESTATE ZONING

This is a request to amend the Plat of Crystal Lakes to adjust the lot line between Lots 139 and 140 and vacate an existing utility easement and re-establish the utility easement at a new location. Staff findings include: 1) Crystal Lakes 12th Filing was approved in 1978; 2) The lots configuration established at the time that the property was platted does not always meet the needs of the property owners; 3) The Larimer County Health Department, Larimer County Engineering Department, and all utilities serving the area, reviewed the proposed Amended Plat and stated no objections; 4) Moving the utility easement to the proposed new lot line will allow buildings to occur near the center of the proposed lots. The staff recommendation is for approval of the Crystal Lakes 12th Filing, Lots 139 & 140, Amended Plat.

2. RAE MINOR RESIDENTIAL DEVELOPMENT (#97-EX1013):

PART OF THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 6 NORTH,

RANGE 68 WEST OF THE 6TH P.M. - 4612 SOUTH COUNTY ROAD 3F;

1/8 MILE SOUTH OF COUNTY ROAD 38; 10 ACRES; 2 LOTS;

FA-FARMING ZONING

This is a request for a Minor Residential Development to divide a 10-acre parcel with a residence into two parcels of 5 acres each. Staff findings are: 1) The property to be divided is not part of a parcel, site tract or lot previously divided by an exemption or minor residential development nor a part of an existing subdivision; 2) The request will not create more than two (2) parcels out of the property as it existed on May 5, 1972; 3) The property is not part of an approved or recorded subdivision plan or any map or plan filed in the records of the Larimer County Clerk and Recorder prior to the adoption of County Subdivision Regulations; 4) Uses proposed are limited to single family residential; 5) All lots are consistent with the minimum lot size requirement of the zoning district; the existing Larimer County zone designation for this property is FA-1 Farming. The FA-1 Farming zone district allows a single family residence on lots of 100,000 sq. ft. The proposed lot size is 217,800 sq. ft. approximately twice the required lot size; 6) All developments will have direct access from the public road system; the proposed access is off County Road 3F; 7) The property is eligible for this procedure and is located within Township 6 North, Range 68 West of the 6th P. M. Larimer County, Colorado; 8) The Larimer County Health Department and the Larimer County Engineering Department and all utilities serving this area reviewed the proposal and stated no objections.

The staff recommendation is for approval of the Rae Minor Residential Development with the following conditions: 1) Prior to recording the Plat, the following notes shall be placed on the Plat: a) Park fees and school fees will be collected at the time of building permit for new residential structures; the fees collected shall be the current fees at the time of Building Permit application; b) The Poudre Fire Prevention Bureau request that a fire hydrant be located 800 feet south of the existing hydrant on County Road 38E. The hydrant must have sufficient water available to deliver 1000 gallons per minute at a minimum of 30 p.s.i. An alternative to the hydrant is to equip the residence with a sprinkler system approved by the Poudre Fire Prevention Bureau. At the time of building permit application, the applicant shall identify in writing the fire prevention measures to be incorporated into the development of Lot 2; c) Passive radon mitigation measures shall be included in construction of new residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed, but prior to issuance of a Certificate of Occupancy, shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; d) Engineered footings and foundations are required for new residential construction; e) Uses on this property are limited to single-family residential; f) All utilities must be installed underground; g) Prior to locating livestock on either Lot 1 or Lot 2 of this Minor Residential Development, a livestock management plan shall be developed with the Larimer County Cooperative Extension Service and approved by the Larimer County Health Department. A copy of the approved plan shall be incorporated into the case file; h) Larimer County is not able to mitigate wildlife problems, such as skunks, snakes, prairie dogs, and others. The lot owners should be aware of these occurrences and be prepared to address them should they occur. Neither Larimer County nor the State Division of Wildlife is not responsible for damage or control of wildlife; I) Prairie dog colonies do exist in the general area surrounding this proposal and may migrate to this property. At times, prairie dogs are implicated in the transmission of plague to people and pets. It is important that residents observe animal control for their pets, such as dogs and cats. Larimer County does not perform prairie dog control; j) Mosquitoes may be a nuisance on his property. Larimer County is not responsible for mosquito abatement; spraying or other control of mosquitoes will be the responsibility of the property owner. The property owner shall ensure that any abatement activities meet all Federal, State and Local rules and regulations; k) There are existing agricultural activities in this area that may produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses of nearby properties; 2) Lot owners are obligated to connect all residential structures to sanitary sewer when it is available and to join any special improvement district which may form for the purpose of providing sanitary sewer.

3. BOXELDER CREEK ACRES LOTS 1 & 2 REPLAT (#97-SU1044):

03-07-68 - NORTH SIDE OF COUNTY ROAD 48 (EAST VINE DRIVE)

3000' EAST OF INTERSTATE 25; 7.8 ACRES; 4 LOTS; FA-1 FARMING

This is a request to divide two existing lots, consisting of 7.8 acres into four lots for single family residential use. Staff findings include: 1) The proposed Boxelder Creek Acres Lots 1 and 2 Replat is in compliance with the Larimer County Land Use Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The proposal is compatible with other development in the surrounding area; 3) Approval of the subdivision will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the subdivision.

The Planning Commission/Staff recommendation is for approval of the Boxelder Creek Acres Lots 1 and 2 Replat, with the following conditions: 1) Elk Ranch Lane must be paved to County standards; 2) The Final Plat must state that lot owners have no right of access to or use of the irrigation ditch or its access road, and that the potential for normal seepage below the ditch could possibly limit the building envelope on the site; 3) A final erosion control plan is required, indicating the location and type of temporary erosion and sediment control measures on a site map. 4) A final drainage plan and report will be required; 5) Engineering footing and foundation plans shall be required for any new construction in the subdivision; 6) The results of a radon test shall be submitted to the Planning Department before a Certificate of Occupancy is issued for dwellings on Lots 1, 3 and 4; 7) The Final Plat must note the following: a) Larimer County is not able to mitigate wildlife problems, such as skunks, snakes, prairie dogs, insects and others. Neither Larimer County nor the State Division of Wildlife is not responsible for damage or control of wildlife. Larimer County is not responsible for mosquito abatement; spraying or other control of mosquitoes will be the responsibility of the property owner. There are existing agricultural related uses in this area that may produce dust, odors and noise, often at irregular hours; such uses include farming and ranching operations and a veterinary clinic that treats large animals. Larimer County will not take any action to stop or hinder legal agricultural related uses of nearby properties; 8) Access to Lots 1 and 4 will be through a common access driveway on Elk Ranch Lane, the entry point of which must be located at least 150' north of the existing right-of-way of Vine Drive.

4. POHLIT REZONING (#97-ZN0983): SW 07-05-69 - IMMEDIATELY EAST

OF THE INTERSECTION OF COUNTY ROAD 23H AND HIGHWAY 34 ON

THE SOUTH SIDE; .59 ACRES; FA-1 FARMING ZONING

This is a request to rezone an existing parcel zoned FA-1 to T-Tourist to allow existing non-conforming use to become conforming. Staff findings are: 1) This rezoning is not specifically addressed by the Master Plan and the land use designation is rural. The pattern of development in the immediate area is mixed. This use has existed on this site for numerous years. The current proposal to rezone the site will allow the current use to be conforming; 2) There have not been significant changes in this area which would warrant a change in the zoning. Except that in 1966 this property with an existing use was not zoned as other properties were in the immediate area; 3) The proposed zoning is appropriate to the site and to the uses proposed; 4) This zoning does not constitute a spot zoning; 5) The limited uses proposed, as conditioned, are consistent with promoting the public health, safety and welfare.

The Planning Commission/Staff recommendation is for approval of the Pohlit rezoning with the following conditions: 1) This rezoning is limited to the plan presented by the applicant and the uses currently existing on the site. Any expansion or change of use shall require review by staff at a minimum to determine the impacts of such change and if additional review is warranted; 2) Based upon the limited changes of this plan, no change to the access is necessary. If the Colorado Department of Transportation determines that an increase of 20% in the traffic occurs at this site, a new Access Permit will be required; 3) Any future expansion or enlargement of the structure shall require that property owner to demonstrate the existing system meets standards and will be adequate. If this cannot be demonstrated, the property owner shall be required to improve, upgrade or replace the system; 4) If the facility is remodeled or expanded, the property owner shall be required to have plans approved by the Health Department, as well as bring the entire facility up to current standards.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendations and approve the Crystal Lakes 12th Filing Lots 139 and 140 Amended Plat (#97-SA1123FPO); Rae Minor Residential Development (#97-EX1013); Boxelder Creek Acres Lots 1 & 2 Replat (#97-SU1044); and the Pohlit Rezoning (#97-ZN0983); each, with the conditions as outlined.

Motion carried 2 - 0.

The hearing adjourned at 3:05 p.m.

TUESDAY, OCTOBER 28, 1997

ADMINISTRATIVE MATTERS

(#259 @ 200)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Disney presided and Commissioners Clarke and Olson were present. Also present were: Ralph Jacobs, Director Human Resources; Doreen Kemp, Human Resources Specialist; Lorrie Wolfe, Human Development Grant Program Coordinator; Ginny Riley, Community Services Deputy Director of Programs; Deni LaRue, Community Information Officer; and Donna Hart, Commissioner's Office Staff Services Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: No one came today for the open session for public comment.

2. APPROVAL OF MINUTES FOR WEEK OF OCTOBER 20, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of October 20, 1997, as submitted.

Motion carried 3 - 0.

3. APPROVAL OF SCHEDULE FOR WEEK OF NOVEMBER 3, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Schedule for the week of November 3, 1997, as submitted.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for October 28, 1997:

MISCELLANEOUS DOCUMENTS: Weiss Amended Exemption; Ptarmigan Lots 18 and 19, 2nd Filing Amended Plat; Walsh Minor Residential Development; and Amended Plat of Lots 20, 21 and 22 of the Amended Plat of Lots 20 through 24 and Tract "A" Cimarron Lake and a Tract of Land situated in the W1/2 of Section 23, Township 8 North, Range 69 West of the Sixth P.M., County of Larimer, State of Colorado.

LIQUOR LICENSES: County approval was granted to: Summit Restaurant - 6% - Loveland, CO., and Sundeck Restaurant - 6% - Estes Park, CO.

A97-147 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS THROUGH THE LARIMER COUNTY

EMPLOYMENT AND TRAINING SERVICES AND FRONT RANGE

COMMUNITY COLLEGE (Provision of GED Services)

R97-158g FINDINGS AND RESOLUTION AMENDING THE 1991 UNIFORM

BUILDING CODE AS ADOPTED BY LARIMER COUNTY

Motion carried 3 - 0.

5. APPOINTMENT OF LARIMER COUNTY REPRESENTATIVE TO THE MULTICULTURAL COMMISSION:

The Board was requested to appoint a Larimer County employee to serve as the County's representative on the Multicultural Commission (MCC). Mr. Jacobs noted that two applicants submitted applications for this position and Ms. Kemp contacted their two department heads to verify their support of their employee serving on the MCC. Ms. Kemp stated that after reviewing both applications, her recommendation is for the Board to appoint Theresa Lopez; it was noted that she is from Fort Collins and the meetings are held in Fort Collins. Chair Disney suggested that in the Board's correspondence to Ms. Morgan, the other applicant, that the message be conveyed to her that if and when the same opportunity arises in the Loveland area, they would strongly consider her application at that time.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners appoint Theresa J. Lopez to serve as the Larimer County representative on the Multicultural Commission.

Motion carried 3 - 0.

6. APPROVAL OF REVISED COUNTY ORGANIZATIONAL CHART:

Mr. Gluckman requested Board approval of the revised County Organizational Chart, as discussed during the last Cabinet meeting, to make the revisions official.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the revised County Organizational Chart.

Motion carried 3 - 0.

7. REQUEST TO COMMIT FUNDS TO THE LARIMER HOME OWNERSHIP PROGRAM:

Ms. Wolfe informed the Board that the Colorado State Division of Housing has requested that Larimer County submit an application for continuation of Larimer Home Ownership Program (LHOP) funding; she noted that the application will be for $250,000. Ms. Wolfe stated that the request before the Board today is for approval to use $15,000 from the already-approved Grant Program Coordinator's seed funds for Larimer County's local match. Ms. Wolfe stated that last January they used $4,000 of County seed funds and received $215,000 back from the State, plus some additional local dollars for a total of $240,000, which was used for 43 second-mortgage loans up to $6,000 to low and moderate income families who could afford a monthly house payment but didn't have the down payment for the home. Ms. Wolfe stated that this housing-assistance program has proven to be successful, with applicants taking classes on home ownership training before being approved for down-payment loans; she noted that the reason the request is for more money this time is because the local funders that helped last time have put their discretionary dollars toward flood relief. Ms. Wolfe informed the Board that their goal over the next five years is to get this program to be self sustaining. Ms. Wolfe stated that because of previous difficulties encountered in accepting the standard State contract, due to certain wording stricken by the County Attorney, they are hoping that the State will write the new contract as an extension to the current contract. Chair Disney suggested that it would be good if the Board had a one-page brief describing the problems with the State contracts to give to the State Legislators the next time the Board meets with them; the Board concurred with the suggestion. Ms. Wolfe stated that this project, if they obtain the State funding, will make 40 new down-payment loans for families who are earning less than 80% of the median income; she noted that this program is County wide and is truly a public/private partnership.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the submittal of an application for continuation of the Larimer Home Ownership Program funding, the use of $15,000 from the approved Grant Coordinator's seed funds to be used as a local match, and authorize the Chair to sign the letter of support and the application.

Motion carried 3 - 0.

8. WORKSESSION:

-- Mr. Gluckman submitted a letter for the three Commissioners to approve and sign in response to a letter the Board received from a citizen listing his concerns with Budget B; CONSENSUS OF THE BOARD was to approve and sign the letter as submitted.

-- Mr. Gluckman stated that the main emphasis of the meeting tomorrow with the State Legislators will be for an orientation on County budgets, the functions of the divisions and departments and how they are set up, etc.; he noted that the Board is welcome to be there, but it is not critical because most of the information will be given by the department heads. Commissioner Clarke requested that Mr. Gluckman caution all the department heads that their presentations need to be short and concise.

-- Mr. Gluckman informed the Board that the Partnership Summit II will be held this Thursday, at which time the focus groups will inform the 45 community leaders what they have been doing since Summit I and bring them up to date on what they found out on public trust, efficiency, and effectiveness of delivery of customer services and then ask them what they want to do next. Mr. Gluckman asked Chair Disney to do the welcome for the Summit; Chair Disney indicated he would be happy to do the welcome.

-- Mr. Gluckman informed the Board that candidates were interviewed last week for the position of Community Services Director; he noted that all the applicants were very qualified. Mr. Gluckman stated that Ms. Snell's recommendation is to narrow the applicants to the top two and then enter into an interview process with the Board assisting in the selection; the Board agreed to assist Ms. Snell with the interview process.

-- Mr. Gluckman showed the Board the daily calendar which is to be the gift for each Board and Commission member to be presented at the 3rd annual reception tonight.

9. INVITATIONS: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend.

10. COMMISSIONER REPORTS:

-- Commissioner Olson stated that she is trying to determine what Larimer County is doing to impact affordable housing and she asked her fellow colleagues to enlighten her; Chair Disney responded that our former Human Development department has been working with the agricultural people to work through PLUS to eliminate some of the barriers to migrant seasonal housing. He noted that the County previously had an Affordable Housing Advisory Board, but it was disbanded because it was decided that the County needs to cooperate with municipalities on this issue because the County alone cannot afford to construct, own or manage affordable housing units.

-- Commissioner Olson stated that Jim Reidhead, Director of the Rural Land Use Center, would like the Board to take the lead in the interview and selection process for the two new RLU Board members; she informed him they would do that and the Board concurred.

-- Commissioner Clarke stated he is encouraged after meeting with Chris Kneeland, Fort Collins City Council member, this morning to discuss the meeting scheduled for next Monday with the Board and City Council regarding Intergovernmental Agreements.

-- Chair Disney stated that Ms. Hart is trying to set up the two interviews tomorrow in Estes Park with the applicants for the Estes Park Regional Planning Commission.

At this time Assistant County Attorney Jeannine Haag joined the meeting for Legal Matters.

11. LEGAL MATTERS:

Ms. Haag reminded the Board that in December 1995 they approved the Findings and Resolution for the Jensen Boat & Recreation Center; she noted that the record reflects that the applicant planned to subdivide the parcel into two lots - one commercial with the boat operation and one to remain in agriculture, subject to a conservation easement prohibiting any further development. Ms. Haag stated that as they were working through the submittals for Final Plat and reviewing the resolution, they realized that it refers to the conservation easement being on the commercial lot rather than on the ag lot and a legal description was never developed for the ag piece; therefore, in order to clear this up, she requested the Chair to initial the original resolution and attach an Exhibit "C", which has been written by Mr. Schuett in the Planning Department and is the legal description for the ag piece. Ms. Haag noted that the amended resolution will be re-recorded.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the amendment to the Findings and Resolution for the the Jensen Boat & Recreation Center, and authorize the Chair to initial the modification to paragraph #19 on Page 7 to change Exhibit "B" to Exhibit "C" and the addition of Exhibit "C" to the document.

Motion carried 2 - 0; Commissioner Olson abstained from voting as she was not a Commissioner when the original Findings and Resolution was approved.

R97-159s REVISED FINDINGS AND RESOLUTION APPROVING THE

PRELIMINARY PLAT AND PETITION FOR REZONING OF

THE JENSEN BOAT & RECREATION CENTER (Original

Findings and Resolution approved on December 6, 1995)

Discussion followed concerning the issue of the problem the County Attorney has with the standard State contracts regarding liability. The Board asked Ms. Haag if they should talk to the Legislators about this; she indicated that it could make her job easier. The Board asked Ms. Haag to write a paragraph summarizing her thoughts on the State contracts which they can present to the Legislators.

The meeting adjourned at 10:35 a.m.

_______________________________________

JIM DISNEY, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

___________________________________

Sherry E. Graves, Deputy County Clerk