PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, MARCH 23, 1998
LAND-USE PLANNING MEETING
The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Pro-Tem Clarke presided and Chair Olson and Commissioner Disney were present. Also present were: Carol Evans, Planner II; Matt Lafferty, Planner I; Russ Legg, Chief Planner; John Pedas, Code Enforcement Officer; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.
Chair Pro-Tem Clarke 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. LAST STAND STABLES SPECIAL REVIEW (#96-ZR0841): SE 33-09-69 -
WEST SIDE OF COUNTY ROAD 19 (TAFT HILL ROAD) 1/2 MILE NORTH
OF COUNTY ROAD 60E; 35 ACRES; FA-FORESTRY
This is a request for Special Review for a horse boarding operation for up to 40 horses, with indoor and outdoor arenas. Staff findings include: 1) The proposed Last Stand Stables Special Review is in compliance with the Comprehensive Zoning Resolution and the Land Use Plan. The application satisfactorily addresses the criteria for evaluation of Special Review uses; 2) The proposed use is agricultural in nature, is less intense regarding the number of horses than use by right would allow, and the use is compatible with the rural residential/agricultural character of the area; 3) If operated as stated in the applications materials and in compliance with County regulations and conditions of approval, the proposed use should not result in negative impacts on area properties, provision of services, access and traffic, or the natural environment.
The Planning Commission/Staff recommendation is for approval of the Last Stand Stables Special Review, with the following conditions: 1) Operation of the Last Stand Stables Special Review shall be as specified in Exhibit A of the Last Stand Stables Special Review, and as modified by conditions of approval. Exhibit A is a copy of the application and subsequent information submitted by the applicant. Accessory storage is permitted for horse trailers only; all trailers stored must be owned by persons boarding horses at this facility. No special horse events such as rodeos, roping contests or similar events are permitted by this Special Review. Any changes to the operations, as specified in Exhibit A or in conditions of approval, would require review and approval by Larimer County; 2) Prior to beginning any construction or operation of the horse boarding facility, the following items must be submitted and approved: a) Final Site Plan showing all existing and proposed improvements, road layout, parking areas, horse trailer storage area, light locations, sign location, and fences. Details of erosion control, grading and drainage plans to address the requirements of the County Engineering Department shall be included; b) Access apron design and road construction plans and specifications. An access permit shall be required prior to any construction; c) Details of lighting plan describing the type of lights, height of poles and plans for shielding the lights. Indicate which lights will be operated from dusk until dawn; d) A plan for screening of any horse trailer storage area from adjacent properties and the public road. All screen shall be completed prior to beginning operation; e) A deed of dedication with a metes and bounds legal description (prepared by a Colorado licensed/registered surveyor) for the additional right-of-way for County Road 19 along the frontage of the subject property; f) A revised pasture management plan incorporating the recommendations of the Soil Conservation Service regarding rest periods; 3) Prior to construction of any building or identification sign, building permits shall be required; 4) Prior to beginning operation of the horse boarding facility, all required improvements (access and road construction, erosion control, grading and drainage features, parking/trailer storage area, screening) shall be completed, inspected and approved by County Engineering.
2. CINDY LANE ESTATES SUBDIVISION (#97-SU1015): SE 19-06-68 -
NORTH SIDE OF COUNTY ROAD 30, 1/2 MILE WEST OF COUNTY ROAD
11; 20.1 ACRES; 5 LOTS; FA-1 FARMING
This is a request for Preliminary Plat to subdivide a 20-acre parcel with one existing dwelling into 5 lots ranging in size from 3.33 to 4.69 acres for single family residential use. Staff findings are: 1) The proposed Cindy Lane Estates Subdivision is consistent with the Larimer County Comprehensive Plan (Sub-area 13, the Plan for the Region between Fort Collins and Loveland), the Comprehensive Zoning Resolution, the existing zoning on the property, and the Subdivision Resolution and is compatible with existing and planned uses in the area; 2) The requested variance from the Water, Sewer, and Fire Safety Standards requirement that at least 70% of the lots must utilize standard septic systems is similar to previously approved requests. The lots proposed are larger than minimum requirements, adequate area for primary and replacement septic systems is available and utility easements are proposed to allow for possible future connection to public sewer; 3) The requested variance from the dead-end road length standard is supported by the County Engineering Department because of the provision of a turn-around, future emergency access reservation, the proposed road design, the combination of access points to County Road 30 and the support of the Loveland Rural Fire Protection District; 4) Approval of the Cindy Lane Estates Subdivision, with certain conditions, should not result in any significant negative impacts on neighboring properties, the natural environment, or the provision of services and transportation.
The Planning Commission/Staff recommendation is for approval of the proposed Preliminary Plat of the Cindy Lane Estates Subdivision, approval of the variance from the Larimer County Water, Sewer and Fire Safety Standards regarding use of standard vs. engineered septic systems, and approval of the variance from the Larimer County dead-end road length standard with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat, including all notes, building envelopes, emergency access reservation and dedicated right-of-way for County Road 30. Easements, as shown on the Preliminary Plat and as requested by the utility companies, shall be provided on the Final Plat; 2) The following notes shall be included on the Final Plat: a) Streets in this development shall not be maintained by Larimer County. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain these facilities may result in a lien being placed on these lots; b) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings, once the structure in 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; c) Engineered footing and foundation plans shall be required for all construction on these lots; d) The following fees shall be collected at building permit issuance for new single family dwellings: Larimer County Park fees, Thompson R2-J school fees, Section 2.8 Fee of $864 and drainage fees for the Fossil Creek Drainage Basin (amount to be calculated by applicant's engineer and noted on the Final Plat). Unless otherwise specified, the fee current at time of building permit application shall apply; e) Soil testing conducted for this development indicates that Lots 2 and 3 will require mounded septic absorption systems for sanitation due to groundwater conditions. Lot owners are advised that engineered septic systems installed in these conditions may be more expensive to construct and may be less reliable than a standard system; f) Residential fire sprinkler systems shall be required in new residential structures on these lots. Plans for fire sprinkler systems shall be approved by the Loveland Fire Department prior to building permit issuance; g) Underground utilities shall be required; h) Thompson R2-J school bus pickup for all grade levels will be at County Road 30; i) Rural area issues: a) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, raccoons, prairie dogs and snakes). Lot owners should be prepared to address wildlife conflicts if they arise; b) During certain times of the year, mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations; c) Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times, these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats; d) Farming practices on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur; e) If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture. Overgrazing will produce bare ground, weeds, erosion and polluted runoff; 3) Full construction plans for the access road, a final stormwater drainage report and an erosion control report shall be submitted for approval by County Engineering. Road construction plans must be approved by the Engineering Department and the Loveland Fire Prevention Bureau; all plans must be approved prior to recording of the Final Plat. The final drainage report and erosion control report shall be prepared according to the specific requirements contained in the Engineering Departments' comments regarding driveway culvert details, site specific erosion control information, seeding and mulching information and as contained in Section 2.4.2 and Section 10 of the Larimer County Stormwater Management Manual; 4) All improvements for this development shall be included in a Subdivision Improvements Agreement (SIA) which shall be secured by appropriate collateral of a type and amount approved by the County Commissioners. Improvements shall include roads, street signs, utility extensions, and fire hydrants. The SIA, along with cost estimates and collateral, shall be submitted to the Planning Department. These documents must be approved prior to recording the Final Plat; 5) A copy of the written agreement stating the terms established between the developer of the Cindy Lane Estates Subdivision and the developer of the Newman Subdivision to the west regarding the common access road shall be submitted; 6) A road maintenance covenant or agreement shall be submitted; this document should include provisions regarding coordinated maintenance of the access road between lot owners in Cindy Lane Estates Subdivision and the Newman Subdivision; 7) Irrigation information requested by the Colorado Division of Water Resources shall be submitted with the Final Plat application.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and the Planning Commission/Staff recommendation and approve the Last Stand Stables Special Review (#96-ZR0841) and the Cindy Lane Estates Subdivision (#97-SU1015); each, with the conditions as outlined.
Motion carried 3 - 0.
3. O'DONNELL JUNK YARD ZONING VIOLATION (#95-ZV0694):
517 SUNNY SLOPE PLACE IN LOVELAND
This alleged violation is for storing inoperable/unlicensed vehicles, household appliances and other junk and debris in the FA-Farming Zoning District. Mr. Pedas provided the background information for this violation, described the location, submitted photos and a close-up map of the subject property and a letter from an adjacent property owner, and reviewed the major issues and concerns. Mr. Pedas noted that the property owners have made a slight effort to clean the property, but it still remains untidy; he noted that the adjacent neighbors take pride in ownership and keep their lots neat. Staff findings include: 1) The subject property is zoned FA-Farming; 2) The FA-Farming Zone does not permit vehicles salvage or storage not accessory to a permit use; 3) Vehicles classified as "unique, antique or collectable" must be effectively screened from ordinary public view; 4) The vehicles and junk on the property pose health and safety hazards; 5) Continued use of the property inconsistent with the zoning restrictions will affect property values in the neighborhood. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners, find in the matter of the O'Donnell Junk Yard Violation, that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.
Motion carried 3 - 0.
4. STARK JUNKYARD ZONING VIOLATION (#98-ZV1153): 3116 LAPORTE
This alleged violation is for storing several inoperable unlicensed vehicles in the FA-1 Farming Zoning District. Mr. Pedas provided the background information regarding this violation, submitted photos of the subject property, and reviewed the major issues and concerns; he noted that a new developing subdivision overlooks the site and the appearance of this property is very objectionable to those property owners. Staff findings are: 1) The subject property is zoned FA-1 Farming; 2) Vehicle salvage and junkyards are not permitted in the FA-1 Farming Zone; 3) Outside storage is permitted provided it is accessory to a permitted use; 4) Vehicles classified as "collectors" can be stored on an owners property provided they are screened from ordinary public view; 5) The accumulation and storage of vehicles on the property impairs public health and safety by creating undesirable and adverse environmental influences; 6) Continued use of the property for storage of inoperable/unlicensed vehicles will adversely affect property values in the area. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.
Adjacent property owners JoAnn Janes and Scott Foster, addressed the Board with their concerns regarding this property; Ms. Janes stated that this property is an eyesore and, speaking for many of her neighbors, she noted that they purchased their home for the view, which is now marred by this ugliness and she is also concerned about contamination. Mr. Foster stated he is here today because the other neighbors are afraid to complain because of retaliation; he noted that his neighbor has put her house up for sale because of this situation. Mr. Foster continued that during the last two summers, there were 4 or 5 trailers on the site, there are rumors that it is a speed lab, a girl was beaten in the last two weeks, guns have been pulled on people, and the neighborhood looks like a war zone. Chair Pro-Tem Clarke stated that it appears to him that there are problems here that go beyond a zoning violation and he suggested that a tape of the testimony and proceedings of this hearing be provided to the Sheriff's Department so they can investigate.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners find in the matter of the Stark Junkyard Violation that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.
Motion carried 3 - 0.
5. ADOPTION OF THE CHANGES TO THE FORT COLLINS INTER-
GOVERNMENTAL AGREEMENT AND THE LARIMER COUNTY
Chair Pro-Tem Clarke stated that action on this item is to be postponed until March 30, 1998 and noted that a motion is required for this postponement.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners postpone action on the adoption of the changes to the Fort Collins Intergovernmental Agreement and the Larimer County Supplementary Regulations until March 30, 1998 at 3 p.m.
Motion carried 3 - 0.
The hearing recessed at 3:20 p.m.
CONTINUATION OF LAND-USE HEARING
(#308 & #309)
The Board of County Commissioners reconvened at 7:00 p.m. with Director of Planning Larry Timm. Chair Pro-Tem Clarke presided and Chair Olson and Commissioner Disney were present. Also present were: Rob Helmick, Senior Planner; Rex Burns and Lonnie Sheldon, Project Engineers; Doug Ryan, Environmental Health Planner; Sheriff Richard Shockley; Captain Gary Darling, Inmate Services Section; Dave Spencer, Director of Facilities, George Hass, County Attorney; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.
Chair Pro-Tem Clarke requested that the agenda for tonight be amended to include discussion of conditions for expansion of the Detention Center.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners amend the agenda published for tonight to include discussion of conditions of approval for expansion of the Detention Center.
Motion carried 3 - 0.
1. DISCUSSION OF CONDITIONS FOR EXPANSION OF DETENTION CENTER:
Chair Pro-Tem Clarke noted for the record that Larimer County is in the process of expanding the Detention Center, which was approved by the citizens in the last election, and referral of the plan was sent to the City of Fort Collins Planning and Zoning Board. Chair Pro-Tem Clark continued that 42 conditions were added to the plan for compliance with City Code; the Sheriff agreed to 41 of those conditions, but cannot agree to the condition for installation of a sidewalk on the Detention Center property.
Mr. Hass stated that the plan was reviewed by the City of Fort Collins Planning and Zoning Commission on March 19, 1998 and they voted 6-1 to disapprove the expansion of the Detention Facility because it fails to comply with their City Plan. Mr. Hass continued that the referral was submitted under CRS Statute which provides that the governing body having jurisdiction over a governmental project may submit that proposal for review by the Planning and Zoning Commission in the jurisdiction in which the project is to be located. Mr. Hass stated that if the Planning and Zoning Commission disapproves the project, that disapproval may be overruled by the governing board; he noted that the issue to be discussed tonight is whether or not the Commissioners wish to overrule the decision of the Fort Collins Planning and Zoning Board.
Sheriff Shockley stated that when the Detention Center was originally approved, one stipulation was that it was not to look like a jail; he noted that they have round-the-clock surveillance and are aware at all times of movement anywhere on the grounds and they maintain security on the exterior and they do not want foot traffic on the property and to have a sidewalk contiguous to the jail is to invite people to the area. Dave Spencer stated that every day construction is delayed costs money and they have offered a reasonable alternative to the sidewalk, such as placing the sidewalk across the street, and they want to move forward in the permit process. Chair Pro-Tem Clarke asked how much the delay costs; Mr. Spencer responded $6,000 to $10,000 per month, not considering the inflationary factor.
Sherry Womhoff from the City of Fort Collins summarized their views and stated that based on the City Plan and their Transportation Plan, the omission of the sidewalk would not provide connectivity to the proposed development for this area. Mr. Lancaster stated he and Mr. Spencer met with the City Manager and the Facilities Manager to discuss the alternative of placing the sidewalk on the other side of the street and the City Manager indicated that was a reasonable alternative and that he understood our security needs. Ms. Womhoff stated that the concern with the sidewalk on the other side of the street is one of safety because it would necessitate a mid-block crossing.
Questions from the Board and much discussion followed. Chair Pro-Tem Clarke asked if the P & Z Board has the power to approve a variance to the City Plan; Ms. Womhoff responded that they cannot vary or modify the City Code, that can only be done by City Council, which did not review the plan. Commissioner Disney stated that a jail is a highly specialized use and it is conceivable that the Code overlooks uses like this when applying standards across the board that are not in the best interest of the public. Commissioner Disney stated they have a letter from some of the neighbors concerned about the landscaping and yet the P & Z Board wants us to erect a fence, which is not in keeping with the atmosphere of an industrial park. Chair Olson stated that installation of the sidewalk, which she doubts if anyone will ever use, will necessitate the erection of a prison type fence and make the Detention Center look like a prison, which is totally ludicrous. Chair Pro-Tem Clarke asked what kind of fence would be built; Sheriff Shockley responded that it would be a minimum 10 ft. chain link fence with concertina wire on the top. Mr. Spencer responded to the safety concern of the mid-block crossing and stated that the mid-block crossing proposed at the south property line provides the greatest site distance along the road in both directions. Discussion ensued regarding how long it would take to get this item on the City Council agenda and Mr. Lancaster noted that groundbreaking is scheduled for April 10, 1998. Chair Pro-Tem Clarke stated that when he was on City Council, and when discussion of the Detention Center commenced, one of the very important issues was that there not be a huge fence around this facility and that it blend in with the future plans for an industrial park; he noted that there are so many mixed messages and it is abundandly clear to him that there will be a security problem with installation of a sidewalk on the Detention Center property.
M O T I O N
Commissioner Disney moved that, pursuant to the authority granted by CRS 31-23-209, the Board of County Commissioners overrule the action of the City of Fort Collins Planning Commission of March 19, 1998 disapproving expansion of the Detention Center and direct staff to proceed with construction as soon as possible and begin working with the adjacent property owners to address their landscaping concerns.
Motion carried 3 - 0.
2. SCOTTISH SHIRE SUBDIVISION & REZONING (#96-MS0942): SW 1/4
28-08-69 - NORTH SIDE OF COUNTY ROAD 54G (OLD HIGHWAY 287),
ONE MILE WEST OF TAFT, ADJACENT TO KINTZLEY PLAZA;
70.59 ACRES; 193 ACRES; O-OPEN ZONING
This is a request for a Planned Unit Development Master Plan/Preliminary Plat and rezoning from O-Open to R-1 Residential for a 193 single family dwelling development. Mr. Helmick described the proposal and location and reviewed the major issues and concerns; he reviewed the comments of the reviewing agencies and the LaPorte Area Advisory Committee and noted that the original submittal of this plan in 1996 was for 206 units. Staff findings are that the issues raised must be addressed and/or resolved; specifically, the density of the plan, the open space requirements, and the ability of the entire site to be served with public sewer, and: 1) The project as proposed is not compatible with the surrounding area; the density and intensity do not reflect local desires and are incompatible with the adjacent agricultural uses and zoning. The developed areas to the west of this site would be compatible with the proposal, but no attempt has been made to buffer or design the project with areas to the north and east; 2) The LaPorte Plan indicates the majority of this site should be developed at low density. With density of 2.7 units per acre, this project is in excess of the highest densities in the Plan; this proposal is not consistent with the Plan; 3) Three agency comments have not yet been resolved by the applicant. These are the suitability of the soils on site for development as identified by the Colorado Geological Survey, the physical capability of the site to be served with sanitary sewer by the City of Fort Collins, and the conflicts with the security and safety of the Little Cache Ditch; 4) The open space provided in this plan does not meet the requirements of the PUD regulations; the plan provides for only 27% open space outside of the parkway areas; 5) The traffic generated by this plan will not adversely impact CR 54G; however, the two points of access proposed by the plan do not provide for connection out of the northern portion of the site; 6) The road and drainage plan proposed by the applicant has received qualified preliminary approval from the County Engineering Department; 7) The PUD resolution encourages creativity and flexibility of the standards and regulations to create a desirable plan, variety in the pattern of development and to implement the Plan. The staff finds this plan falls short of those purposes; specifically, the rigid and constrained plan which provides less than the minimum open space and has limited access. The Planning Commission/staff recommendation is for denial of the Preliminary Plan of the Scottish Shire Subdivision and Rezoning, based upon the staff findings.
Applicant Rod Knox submitted and read aloud a prepared statement addressing the concerns raised by staff and the Planning Commission, such as sewer service, stormwater run off, danger posed by the high voltage power line in the area, density of the project, lack of creativity in design of the subdivision, etc. Mr. Knox reviewed the economics of the plan and stated that this subdivision is planned for people earning an average of $30,000 to $50,000 annually and a model of the type of homes to be built was shown. In summary, Mr. Knox noted that this project is a serious attempt to provide affordable housing in Larimer County.
Dave Shupe, engineer for the project, stated that one area of concern is that the LaPorte Area Plan does not fit the land; he noted that he does not know if the Fort Collins Sewer Line came within 400 ft. of this property at the time the Plan was drawn, but it does now and if they have sanitary sewer, they can put an underdrain with it, which will tie into the drainage system and resolve any groundwater table problem. Mr. Shupe stated that this is a difficult piece of ground to be compatible with the septic system regulations and they believe the area should be on public sewer. Mr. Shupe stated that the second thing about the LaPorte Area Plan that is puzzling, is that medium density residential seems to permit up to 16 dwelling units per acre, such as the Kintzley Plaza, and yet right across the fence it has to be 0.33 units per acre or less. With regard to the concern about the power lines and electro magnetic field (EMF), Mr. Shupe stated that the information provided by Platte River Power Authority indicates that at the edge of the easement, the strength of the EMF is at or below that created by the applicances in a home and they have structured their proposal in such a way that beyond that easement, they have a 20 ft. buffer, which drops the level of the EMF. Mr. Shupe discussed the formation of a drainage district, which will give them the ability to acquire right-of-way to carry the drainage water that comes through this property, as well as that generated on this property, east and then to the south into the river channel and would address some very significant existing concerns. In summary, Mr. Shupe stated that the applicant feels they have addressed the concerns which have been raised and this project is a major way to provide affordable housing in a place that seems compatible with the surrounding area.
At this time the hearing was opened for public comment and the following persons addressed the Board with their concerns: Robert Havis, Donna Lawson, Carl Lee, Ladelle West, Chuck Cherry, Debbie Morgan, Greg Jessen, John Harrell, and Dave Grice. Mr. Havis stated he is not anti-development but he would like to see some compromise between the developer, the vision of the County, and the planning organizations in maintaining continuity to the LaPorte area; he thinks this proposal is too dense, it will increase traffic, the EMF is a concern, and drainage is a real concern in routing it to the Poudre River. Ms. Lawson, LAPC member, stated she is opposed to this proposal because: 1) Development is in the designated corridor area to LaPorte and is not in compliance with the existing land-use plan for the area; 2) In all the meetings and hearings she attended on this proposal, there has been no support given by any resident in LaPorte, but instead only strong opposition; 3) This tract of land is not suitable for high density development; 4) LaPorte already provides a large number of affordable housing units and this proposal will have a very large impact on a small community. Ms. Lawson noted that there has been no dialogue how this development will be any benefit to their community. Mr. Lee stated that he owns 7 acres adjacent to this proposal and he is against this heavy concentration of houses and he asked about the impact of this development on the schools and stated that, in his opinion, the LaPorte community should stay rural. Ms. West stated that she also is not against development but discussed her 5 concerns: 1) storm water erosion; 2) open area should be a functional park; 3) potential hazard with rats; 4) right-angle entryway into subdivision; 5) subsurface water. Mr. Cherry stated that the proposed high density and poor access will be a drain on County services, the stormwater runoff has not been addressed properly, and he stated he would like to see a nice development on this site. Ms. Morgan, LAPAC member, submitted a copy of her letter referred to previously by the applicant, and she commented on the power lines; she noted that the biggest problem with this whole development is the misrepresentation of facts. Ms. Morgan discussed the drainage down the middle of the street and noted that this is also designated open space and supposedly where the children are to play; she asked about regulation of no parking on the streets. Ms. Morgan stated that each new development in the County should provide some affordable housing and they already have their share in LaPorte. Mr. Jessen, superintendent and ditch rider for Cache LaPoudre Irrigation and Ditch Company, expressed concerns of the company about the green belt that is adjacent to the ditch on both sides and they are not enthusuastic about it being a recreation area; other concerns are that there is no accommodation made for storm water runoff from the north side, other to catch it in the detention ponds and this is not realistic. Mr. Harrell stated his opposition to this proposal and stated that this development would be detriment to the area and LaPorte is already doing their share with providing low income housing and it doesn't make since to put this in an area that is prone to flooding. Mr. Grice stated that he is for affordable housing, but if this project is approved, it will set a precedent.
Mick Oshado, with the local finance company specializing in residential mortgages, commented on the demand for affordable housing in Larimer County; he noted that the City of Fort Collins has provided them with several programs for down payment and closing costs assistance programs for families in need of funds, but what they have experienced lately is that they have access to the funds but are having trouble finding a demand for younger families looking for affordable housing. Rusty Collins, Executive Director for Neighbor to Neighbor, spoke for those persons who are not able to be here tonight but would like their opinions expressed; he referred to copies of letters the Board previously received, the endorsement of Neighbor to Neighbor for this project because of its affordability, and a letter from the Affordable Housing Coalition, representing 40 different groups endorsing this project. Mr. Collins stated that affordable housing doesn't have to look like a slum and can be quality built; he described the people that can afford $100,000 homes--people that earn between $30,000 to $50,000 annually. Mr. Collins stated that he represents 100's of people that are in support of this type of project.
Responding to concerns raised, Mr. Shupe stated that the special improvement district would improve the drainage all the way east and would alleviate existing problems and will eliminate the concern of the ditch; in addition, they will build a fence along the easement of the ditch, which has been requested, and he noted that a homeowners association can be effective, if managed properly. With regard to the impact on the schools, Mr. Shupe stated that Mr. Knox only plans to build 26 homes per year over the next 7 1/2 years, so the impact will not be immediate. Mr. Knox stated that he has offered to compromise from the beginning and has offered alternate plans and has reduced the number of homes originally planned and he cannot go any lower; he noted that before the project is started, they will do a traffic study. Mr. Knox stated that the school officials have said that without growth in the LaPorte area, there will have to be school closings.
At this time the public comment portion of the hearing was closed and opened for Commissioners' questions and comments: Chair Olson asked several questions about the proposed drainage district and EMF's; Commissioner Disney stated that the attitude of the developer in an area is important and he suggested that there be some neighborhood meetings. Chair Pro-Tem Clarke complimented the developer for coming up with a plan that is affordable; however, he does have concerns about the play area for the children as the backyards are not very big and the open space is not park like as it has ponds in it. Chair Pro-Tem Clarke continued that this project is approaching urban density and we can't provide police reponse and he stated that he would be willing to upzone for affordable housing if the rest of it worked, but there too many problems at this site. Consensus of the Board was that there are too many unanswered questions about this project.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Planning Commission/staff recommendation and deny the Scottish Shire Subdivision & Rezoning.
Motion carried 3 - 0.
The hearing adjourned at 10:05 p.m.
TUESDAY, MARCH 24, 1998
(#310 & 311)
The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioner Clarke was present; Commissioner Disney was out of town for the week. Also present were: Ginny Riley, Community Services Director; Carol Block, Finance Director; Terri Bryant, Chief Accountant; Rob Helmick, Senior Planner; Keith Olson, Mental Health Director; Neil Gluckman, Assistant County Manager; Deni LaRue, Community Information Officer; and Donna Hart, Staff Services Manager. Recording Clerk, Gael Cookman.
1. OPEN SESSION FOR PUBLIC COMMENT: Tom Bender addressed the Board during public comment, expressing his concern over the Preble's Meadow Jumping Mouse (PMJM) being considered as an endangered species; he wanted to know how the Commissioners planned to handle the situation. Chair Olson explained that they were going to sign a resolution today which would define the planning process they will take and that they will form a task force of interested and affected parties that would help them determine the best course of action to take. Mr. Bender stated that although the PMJM does not affect him directly, he is concerned about the other species that are also on the list for endangered species consideration and he knows it is only a matter of time before his property might be subjected to this problem.
2. CONVENE AS BOARD OF SOCIAL SERVICES:
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners re-convene as the Board of Social Services.
Motion carried 2-0.
Ms. Riley explained that since the Board of County Commissioners consolidated the departments of Human Development and Social Services into one, under the name of Community Services, there has been a number of complaints regarding the new name; she stated some feel that the name is too close to Community Corrections and that the Community Services title makes it sound too much like their clients are being sentenced to perform "community service". Ms. Riley stated that she and her staff have been trying to determine a more appropriate name and she recommended that the Board rename it to the Department of Human Services, effective April 1, 1998 Ms. Riley noted that the departments are still referred to as Social Services under the Colorado State Statues, and in order to change the name legally and to limit the confusion and issues that could arise within the judicial system, she recommended that the Board sign a resolution which states that all statutory and court-ordered obligations directed to the Department of Social Services shall be assumed by, and enforceable against, the Larimer County Department of Human Services.
M O T I O N
Commissioner Clarke moved that the Board of Social Services adopt the resolution which states that effective April 1, 1998, the Larimer County Department of Social Services shall be called the Larimer County Department of Human Services, and that all legal, statutory, and court-mandated obligations of the Larimer County Department of Social Services will become the obligations of the Larimer County Department of Human Services.
Motion carried 2-0.
M O T I O N
Commissioner Clarke moved that the Board of Social Services re-convene as the Board of County Commissioners.
Motion carried 2-0.
Ms. Riley then stated that the Board would have to approve the name change as the Board of County Commissioners.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve the name change of the Larimer County Community Services Department to the Larimer County Department of Human Services, effective April 1, 1998.
Motion carried 2-0.
Mr. Gluckman and Ms. Riley requested guidance from the Board on how Larimer County wished to be represented with regards to the Bill that is being considered to reduce the Maintenance of Effort (MOE) matching funds from the Community Services Department; he noted that the County has chosen to take a neutral position. Ms. Riley explained that the Bill, as currently written, specifies that the funds are restricted to Temporary Aid to Needy Families (TANF) programs. Commissioner Clarke stated that he felt these funds should be able to be used for any Social Services program and that they should not be restricted to TANF. Chair Olson felt that getting the MOE reduced could be the first step, then if they could work on being able to spend the funds on other Social Services programs as well.
3. APPROVAL OF MINUTES FOR WEEK OF MARCH 16, 1998:
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of March 16, 1998, as submitted.
Motion carried 2-0.
4. APPROVAL OF SCHEDULES FOR WEEKS OF MARCH 30 AND APRIL 6, 1998: Mr. Lancaster noted that the Board would be approving the schedules for the next two weeks, as Administrative Matters will not be held next week.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve the Schedules for the weeks of March 30 and April 6, 1998, as submitted.
Motion carried 2-0.
5. APPROVAL OF CONSENT AGENDA: Commissioner Clarke requested that item number three, dealing with the reappointments to some County Boards, be pulled from the Consent Agenda due to the fact that they were not effective until July 1998; he stated that between now and July they might identify some other interested parties and he suggested that Ms. Hart schedule a worksession to discuss the upcoming vacancies to these Boards.
Mr. Lancaster also requested that item number one, regarding the proposed Certificate Purchase Agreement, be pulled as Ms. Block came to make the presentation for this item.
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 for Document Review on February 10, 1998 with the exception of items 1 and 3:
MISCELLANEOUS: CDBG Contract #97-755 Change Letter (previously signed on 3/10/98 and assigned Contract number C98-09 - will be attached to C98-09)
LIQUOR LICENSES: County approval for license renewal was granted to Overland Foods - 3.2% - LaPorte, CO; and Sox & Cubs Pizza & Subs - 6% - Fort Collins, CO. Licenses were issued to: Carter Lake Marina - 3.2% - Loveland, CO; Loveland Country Store - 3.2% - Loveland, CO; The Store - 3.2% - Fort Collins, CO; and Pot Belly Restaurant & Lounge - 6%- Red Feather, CO.
A98-47 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CLARION ASSOCIATES, LCC (Consulting Services)
R98-53g RESOLUTION TO REAPPOINT DIANA STEVENS AS VETERAN SERVICES OFFICER
R98-54s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN FOX ACRES COUNTRY CLUB LOTS 8 & 9 OF ENVELOPES A & B, AND A PORTION OF THE COMMON PROPERTIES OF THE 2ND AMENDED PLAT 1ST FILING AND A PORTION OF THE 3RD FILING
R98-55s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN FOX ACRES COUNTRY CLUB LOT 1 OF ENVELOPE G & J, AND A PORTION OF THE COMMON PROPERTIES OF THE 2ND FILING, ENVELOPE I, AND A PORTION OF THE COMMON PROPERTY OF THE 4TH FILING, AND THE 3RD FILING
R98-56s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN EAGLE LAKE SUBDIVISION 1ST FILING LOT 14 AND 6TH FILING LOT 65
Motion carried 2-0.
Ms. Block explained that they priced the Larimer County Certificates of Participation yesterday and the yield on the maturities range from 3.6 - 5.1 percent and the true interest cost is 4.89 percent; she noted that of the Bonds sold, $300,000.00 were purchased locally, which all felt was a very positive response.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve the Resolution authorizing a Lease-Purchase Financing of the Courthouse and Jail Facilities and the Certificate Purchase Agreement.
Motion carried 2-0.
R98-57g RESOLUTION APPROVING THE LEASE-PURCHASE FINANCING BY LARIMER COUNTY, COLORADO OF CERTAIN COURTHOUSE AND JAIL FACILITIES; AUTHORIZING AND APPROVING THE FORMATION OF THE LARIMER COUNTY BUILDING AUTHORITY; AUTHORIZING AND APPROVING A MASTER LEASE PURCHASE AGREEMENT, A MORTGAGE AND INDENTURE OF TRUST, A CERTIFICATE PURCHASE AGREEMENT, AN OFFICIAL STATEMENT, AND RELATED DOCUMENTS AND TRANSACTIONS; RATIFYING ACTION PREVIOUSLY TAKEN; PROVIDING OTHER MATTERS RELATING THERETO; AND PROVIDING THE EFFECTIVE DATE THEREOF.
A98-48 CERTIFICATE PURCHASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DAN RAUSCHER INC., ACTING ON BEHALF OF PIPER JAFFRAY INC. AND A.G. EDWARDS & SONS INC. (Underwriters of the Certificates of Participation for the Jail/Courthouse)
6. GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD: The Commissioners presented the Government Finance Officers Association Award to Ms. Block and Ms. Bryant, noting that this is the fourteenth year in a row their Department has won this award. Mr. Lancaster read the award out loud, noting that it is a Certificate of Achievement representing excellence in financial reporting, and that it is issued by the Government Financial Offices Association to those who achieve the highest standards in Governmental Accounting and Financial Reporting.
7. PREBLE'S MEADOW JUMPING MOUSE DISCUSSION AND RESOLUTION: Mr. Helmick presented a draft resolution to the Board that defines the planning process, the County's current efforts, establishes a Quid Pro Quo if the U.S. Fish and Wildlife Service (USFWS) takes action to list the PMJM, and could establish a framework for responding to other listing action by the USFWS. Mr. Helmick noted that the resolution had not yet been reviewed by the County Attorney and that is why it was still in draft form. County Attorney George Hass joined the meeting at this time and the Commissioners requested that he review the resolution. Mr. Helmick also recognized that the Commissioners expressed an interest in forming a task force which could participate in the planning process and possibly represent the County's interests in any dealings with the USFWS regarding this issue, or any other listings. Some discussion followed regarding how a task force might be formed, and how it would be funded, etc. Both Commissioners stressed the importance of forming a task force as there are a number of potentially affected parties who want to be involved, and it would help squelch the fear factor that seems to have arisen from this issue. Mr. Hass had some questions regarding the draft resolution and then approved it as to form. The Board requested Mr. Helmick add to the resolution the fact that a task force will be formed to assist in this issue.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners adopt the Resolution regarding support for the Preble's Meadow Jumping Mouse Collaborative Planning Process, with the addition of a paragraph noting that a Task Force will be formed to assist in this issue, and authorize the Chair to sign the Resolution when revised and presented for signature.
Motion carried 2-0.
R98-58g RESOLUTION REGARDING SUPPORT FOR PREBLE'S MEADOW JUMPING MOUSE COLLABORATIVE PLANNING PROCESS
8. CLOSURE OF THE COURTHOUSE COFFEE SHOP: Mr. Olson informed the Board of the intent of the Mental Health Center to discontinue sponsoring the Courthouse Coffee Shop effective May 1, 1998; he noted that there are two primary reasons for doing so, the first being the fact that they are establishing a "clubhouse" which will provide requisite vocational development and support services for their clients and the second is the fact that they lost over $49,000 last year and they cannot continue to subsidize this facility. Mr. Lancaster noted that the space could be used to provide additional office space which is desperately needed. Mr. Olson introduced Ronald Landwehr from the State Division of Vocational Rehabilitation and Mr. John Peraro from the State Business Enterprise Program, and explained that they would be interested in providing vending services for the break area outside the Coffee Shop. Some discussion followed and the Commissioners reluctantly agreed that closing the Coffee Shop and providing vending services was the most sensible thing to do.
There were no Worksession, Invitations, Commissioner Reports, or Legal Matters to discuss.
Meeting adjourned at 11:05 a.m.
THURSDAY, MARCH 26, 1998
MEETING TO APPROVE CONTRACT FOR EXPANSION OF LARIMER
COUNTY DETENTION FACILITY
The Board of County Commissioners met to approve and sign a contract for expansion of the Larimer County Detention Facility. Chair Olson presided and Commissioner Clarke was present. Also present was Sheriff Richard Shockley; Captain Gary Darling; and Dave Spencer, Director of Facilities. Recording Clerk, Sherry Graves.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve a Standard Form of Agreement/Contract between the Board of Larimer County, Colorado Board of Commissioners and PCL Construction Services, Inc. for the Larimer County Detention Facility Expansion Bid #97-48, and authorize the Chair to sign same.
Motion carried 2 - 0.
C98-10 CONTRACT BETWEEN THE LARIMER COUNTY, COLORADO
BOARD OF COMMISSIONERS AND PCL CONSTRUCTION
SERVICES, INC. (Detention Facility Expansion Bid #97-48)
CHERYL OLSON, CHAIR LARIMER COUNTY
BOARD OF COMMISSIONERS
MYRNA J. RODENBERGER,
LARIMER COUNTY CLERK & RECORDER
( S E A L )
Sherry E. Graves, Deputy County Clerk
Gael M. Cookman, Deputy County Clerk