PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, MAY 18, 1998
LAND-USE PLANNING MEETING
(#332 & #333)
The Board of County Commissioners met at 3 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Matt Lafferty, Planner I; Carol Evans, Dan Tasman, and Keith Schuett, Planners II; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.
Chair 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; she noted that the agenda item for an Amendment to the Fossil Creek Reservoir Area Plan for a Commercial Neighborhood Center has been removed from the agenda.
1. GLACIER VIEW MEADOWS 12TH FILING, TRACT B AND LOT 39
AMENDED PLAT (#98-SA1228): NW 1/4 - 36-09-72; 19.88 ACRES;
2 LOTS; E-ESTATE ZONING
This is a request for an Amended Plat to adjust the property lines and vacate a 20-foot wide easement. Staff findings include: 1) The proposed Amended Plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The Amended Plat is compatible with other development in the surrounding area; 3) Approval of the Amended Plat 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 Amended Plat. The staff recommendation is for approval of the Amended Plat for Glacier View Meadows 12th Filing, Tract B and Lot 39, and the vacation of a 20-foot utility easement.
2. LIEBL MINOR RESIDENTIAL DEVELOPMENT REINSTATEMENT
(#95-EX0652): NW 1/4 - 08-06-68 ON THE EAST SIDE OF COUNTY
ROAD 11 (TIMBERLINE), 1/4 MILE SOUTH OF COUNTY ROAD 36;
This is a request to reinstate the conditional approval of the Liebl MRD (which expired on March 18, 1996) to allow creation of two lots of 2.3 and 2.7 acres. Staff findings are: 1) The proposed Liebl MRD complies with the requirements for Minor Residential Developments, as contained in the Larimer County Subdivision Resolution. The proposal is consistent with the uses and minimum lot side requirements for the FA-1 Zoning District. The proposal is consistent with the objectives for Sub-Area 16 in the Plan for the region between Fort Collins and Loveland; 2) Approval of the request for reinstatement of the Liebl MRD, with certain conditions, should not result in any significant negative impacts on the natural environment, surrounding properties, the provision of services or transportation.
The staff recommendation is for approval of the request to reinstate the Liebl MRD, with the following conditions: 1) A building envelope (approximately 120' x 180') shall be shown on Lot 2 on the Final Plat in the southern-southeastern portion of that lot; 2) The Final Plat shall dedicate sufficient additional right-of-way along the frontage of County Road 11 to provide a half right-of-way of 50' east of the section line; 3) The New Mercer Ditch right-of-way shall be shown on the Final Plat; 4) The common access/utility easement serving these lots shall be a minimum of 40' in width and the road shall be all-weather surface 20' in width with a turnaround adequate for emergency vehicles. A paved apron shall be provided at the intersection with County Road 11. A road maintenance agreement that addresses shared use and maintenance responsibility shall be submitted for recording with the Final Plat; 5) Plans describing the road improvements for the new access (access road with turnaround and paved apron) shall be submitted and approved by the County Engineering Department prior to recording the Final Plat; 6) Installation of a fire hydrant as required by Poudre Fire Authority shall be the responsibility of the applicant. If the applicant submits evidence that it is not possible to install a fire hydrant at this location that meets the Fire Authority's specifications, then fire protection shall be provided by installation of a residential fire sprinkler system in new residential construction. If residential sprinkler systems will be used, then this requirement shall be noted on the Final Plat; 7) All subdivision improvements for this development (access road construction, closure of existing access, fire hydrant installation) shall be completed prior to recording the Final Plat or the applicants shall submit a Subdivision Improvements Agreement along with sufficient collateral to guarantee improvements; 8) The following notes shall be shown on the Final Plat: a) At such time that public sewer is within 400' of the home sites and the existing septic systems are no longer adequate, the property owners shall hook-up to public sewer; b) Rural area uses: I) Agricultural uses are present in this area which may at times result in odors, dust and noise. These are a normal part of agriculture and should be expected to occur. Larimer County will not take action to stop or hinder legal agricultural uses on properties in this area; ii) 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; iii) 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; iiii) 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; c) Underground utilities shall be utilized for this development; d) The following fees shall be collected at building permit issuance for new residential structures - Section 2.8 road fee of $717, Poudre R-1 School District fee of $483.90, drainage basin fees for the McClelland/Mail Creek Drainage Basin (amount to be calculated by the applicant's engineer and noted on the Final Plat), Larimer County Park fee, and any applicable Larimer County Impact Fees in effect at the time of building permit issuance. Unless specified, the fee current at time of building permit issuance shall apply; e) Engineered footings and foundation shall be required for all construction on these lots; f) 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 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; 9) All conditions shall be completed and the Final Plat recorded by November 18, 1998, or this approval shall be null and void.
3. VISTA VIEW ESTATES LOTS 67 & 68 AMENDED PLAT (#98-SA1235):
SE 1/4 OF SW 1/4 - 25-06-69 IN VISTA VIEW ESTATES PUD,
5786 AND 5774 ASPEN VIEW PLACE IN LOVELAND; .47 ACRES;
2 LOTS; R-1 RESIDENTIAL/LOVELAND GMA ZONING
This is a request for an Amended Plat to adjust the property line between two lots. Staff findings include: 1) The proposed Amended Plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The Amended Plat is compatible with other development in the surrounding area; 3) Approval of the Amended Plat 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 Amended Plat. The staff recommendation is for approval of Vista View Estates Lots 67 & 68 Amended Plat.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Glacier View Meadows 12th Filing, Tract B and Lot 39 Amended Plat (#98-SA1228); Liebl Minor Residential Development Reinstatement (#95-EX0652); and the Vista View Estates Lots 67 & 68 Amended Plat (#98-SA1235), with the conditions as outlined.
Motion carried 3 - 0.
4. FORT COLLINS SOCCER CLUB SPECIAL REVIEW (#95-ZR0748):
SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 8 NORTH,
RANGE 68 WEST OF THE 6TH P.M. IN LARIMER COUNTY, CO.;
101 ACRES; O-OPEN ZONING
This is a request for Special Review to develop and operate a soccer complex in three phases with facilities to include 22 soccer fields, lighted and fenced stadium field, picnic and playground areas, and a 5,000 square foot clubhouse with concessions, office and caretaker apartment. Mr. Schuett noted that the project will be located on approximately 110 acres, north of CR 54 and west of I-25; he described the three phases of the proposal, which will be constructed over a period of 15 to 20 years, and he reviewed the major issues and concerns. Mr. Schuett informed the Board that the Planning Commission asked that the applicant develop a transportation plan to help reduce the number of vehicles miles traveled and trips; he noted that plan has been completed and reviewed by the Engineering Department. Mr. Schuett stated that a part of the recommendation for approval is that this application be reviewed by staff again before construction of Phase II commences to make sure what they proposed is actually taking place and staff is also requesting that this review include the transportation plan. Staff findings are: 1) This proposal is consistent with the intent and purpose of the Larimer County Comprehensive Zoning Resolution. The use of the area as a soccer facility is similar to uses enumerated (Country Clubs and Golf Courses) and does not appear to be more obnoxious or detrimental to the area in which it is proposed to be located; 2) The proposal is consistent with the intent and purpose of the Comprehensive Land Use Plan. The Plan identifies this area as a "Rural" area. The Plan encourages uses that require large land areas and low density be located in the rural areas provided that they are compatible with existing and planned uses. The proposed use with the following conditions will mitigate negative impacts to the greatest extent possible to the neighborhood, the natural environment; 3) This proposal appears to be harmonious with the surrounding neighborhood. The surrounding neighborhood includes I-25, County Road 54, agricultural production, and a rural residence; 4) With the attached conditions, the proposal does not appear to have negative impacts on public health, welfare, prosperity, safety, or create adverse environmental influences in the area.
The Planning Commission/Staff recommendation is for approval of the Fort Collins Soccer Club Special Review; this recommendation is based upon a review of the application materials as submitted, representations made by the applicant, and responses from referral agencies, unless modified by the attached conditions. This recommendation is based upon the applicant agreeing with the following conditions: 1) Prior to the issuance of building permits or the start of any construction on any improvements described in phase two as described in the application materials, the facility shall be reviewed through the Concept Technical Review process to determine if there are any public health and safety issues with phase one or the proposed uses of phase two. The property owner or the facility operator shall make any modifications identified through the Concept Technical Review process that are necessary to ensure that existing facilities and uses and proposed facilities and uses are and will be maintained in compliance with all applicable requirements. The transportation plan shall be reviewed as part of the Concept Technical Review and adequate parking facilitities and the transportation issues shall be included with this review. In addition to the general health and safety issues, the Concept Technical Review shall review in detail adequacy of permanent and portable restroom facilities based on experience during Phase I and the feasibility of extending public sewer. A report shall be prepared and submitted as part of this review that details the actual number of people using the facility compared to the number estimated during the planning phase. A report shall be prepared that analyzes the technical feasibility of extending public sewer to serve the project. The report shall address the cost of extending the sewer versus the cost of installing additional on-site sewer systems and long term maintenance of those systems; 2) Prior to the issuance of building permits or the start of construction, written evidence shall be submitted to Larimer County Planning Department that the access onto I-25 frontage road has been approved by the State Highway Department; 3) The proposed use of the property shall be developed and maintained at all times in compliance with the following: A) Fire suppression sprinkler system shall be installed in the clubhouse complex in accordance with all Poudre Fire Prevention Bureau requirements; B) Fire hydrants shall be installed when sufficient water is available. Sufficient water shall be when water quality, quantity, and dependability is available to the site that meets the minimum required fire flows as established by the Poudre Fire Prevention Bureau; C) The pedestrian/vehicle access road shown on the Plat and emergency access to the playing fields must be designed to handle the expected emergency equipment load of five (5) tons, have no less than 40 foot outside and 20 foot inside turning radii, must be no less than 8 feet wide, and shall be marked and signed "Fire Lane Access - Do Not Block"; D) Fire and Emergency vehicles may use pedestrian/vehicle access roads and paths. Additionally, ambulance and fire equipment may drive across the fields to access any emergency; E) Prior to applying for building permits for the storage building in Phase I, written evidence shall be submitted to Larimer County Planning Department that building plans and fire protection for the building has been reviewed and approved by the Larimer County Building Inspection Department and the Poudre Fire Prevention Bureau; F) Bus parking areas shall be designated and adequately sized to handle expected bus parking; G) The perimeter wind break/visual and sound buffer shall be established with the assistance of the Colorado State Forest Service. The perimeter wind break/visual and sound buffer shall be maintained in the spring and fall of each year the facility is in operation and all dead and dying plants shall be replaced with substantially similar plant material; H) Sewer service and portable toilet facilities shall be maintained at all times in compliance with the Larimer County Department of Health and Environment regulations. The minimum number of toilet facilities shall be as follows: Phase I - 1 water closet, 1 urinal, & 1 lavatory for males and 3 water closets and 1 lavatory for females: Phase II - 2 water closets, 3 urinals, and 3 lavatories for males and 5 water closets and 3 lavatories for females: Phase III - 1 water closet, 1 urinal, and 1 lavatory for males and 3 water closets and 1 lavatory for females. Additional restroom facilities must be installed during any phase if attendance estimates were too low and the lack of restroom facilities becomes a problem as determined by the Larimer County Health Department; I) Public sewer shall be provided on site during Phase II and III or when service is feasible; J) All water sources shall be signed and pipes color coded to alert the public and employees of the potability/non-potability of the two water supplies described in the application materials. The sign text shall be approved by the Larimer County Department of Health and Environment and a copy of the approved wording shall be submitted to Planning and Health Departments to be placed in the Special Review file; K) Dust abatement on County Road 54 and/or the parking lot shall be provided by the applicants/facility operators as required by either the Larimer County Engineering Department or the Larimer County Department of Health and Environment. Fugitive dust from the parking lot shall be controlled on site; L) Prior to dust abatement occurring on site, a dust abatement plan shall be approved by the Larimer County Health Department and the Larimer County Engineering Department. A copy of the approved plan shall be submitted to the Larimer County Planning Department; M) Food service of any kind shall be licensed and/or approved in writing by the Larimer County Department of Health and Environment; N) Prior to the facility being opened for public use, a public phone, accessible at all times to the public, shall be installed and be in operation; O) During tournaments, a first aid station shall be set up to handle minor injuries, and each field marshal shall be equipped with a portable phone to call 911 and to be able to alert appropriate agencies or individuals of any emergency situation; P) All lighting shall be cut-off, downward directional type fixtures that do not allow light spillage off site; Q) All playing fields shall be located no closer than 5 feet from the property boundaries; R) All irrigation ditches on site shall be posted with signs to alert participants of possible dangers associated with the ditches. All ditches designed to convey water off-site shall be maintained in good repair by the property owners/facility operators; S) The facility shall be open for public use between the hours of 8:00 a.m. and 11 p.m.; T) Prior to the issuance of building permits, written evidence shall be provided to the Larimer County Planning Department that demonstrates that the Division of Water Resources has approved the change in use of the water wells from irrigation to irrigation and domestic uses; 4) Agricultural uses are present in this area. Such uses can and will produce odor, dust and noise. Larimer County will not take action to stop or hinder any legal agricultural uses; 5) The transportation plan shall be implemented and the applicant shall continue working with the City of Fort Collins or any entity for the possibility of bus service.
Al Minatta, the Fort Collins Soccer Club Manager, reviewed the history of this proposal, noting the idea began in 1991; he stated that this spring season they had 5,000 registered players and their biggest problem is lack of adequate facilities as there are no dedicated soccer fields in Fort Collins, except for Boltz Junior High School. Mr. Minatta noted that they have had a good relationship with the City of Fort Collins for using the City parks, but they are running into lack of space as they continue to expand; he noted that they will continue to use City parks for small youth games and practices. Mr. Minatta stated that they are doing this on their own as they do not have any backing from a public or government agency; however, they did receive a grant from the Gates Foundation for $500,000 and did raise an additional $500,000 themselves. Mr. Minatta stated that they own enough property to protect them from encroaching development and will have 100 acres open space. Mr. Schuett stated that a concern was raised by a neighbor with regard to irrigation water and farming practices adjacent to the soccer complex; he noted that with regard to the irrigation water, the applicant is required to maintain any irrigation ditches that go through the property (condition "R" under #3), and the "Right to Farm" issue is covered in #4. Commissioner Disney raised a concern for down stream water users and proper maintenance of the irrigation ditches; Mr. Schuett responded that condition "R" states that if there is irrigation water coming on site and flowing through, it will be the property owners responsibility to make sure that the water is not disrupted. Commissioner Clarke asked if well water is going to be used to water the grass; Mr. Schuett responded that there are wells on site that were used for irrigating the crops and will be used to water the grass. Commissioner Disney asked about adequate parking for this facility as he does not want parking overflowing onto the frontage road or county roads; Mr. Schuett stated they are proposing parking with each of the phases and at the review of Phase II, they will make sure that they have provided enough parking and will adjust the amount of parking facilities if needed.
Darlene Blehm, adjacent property owner, cited a concern regarding parking on the county road as there is heavy equipment moving up and down the service road; she also cited a concern regarding the right-of-way of the irrigation ditches because the ditches have to stay on this property to carry water to the southeast of the soccer property to 3 other properties and they must maintain what they are doing now and that the drain is not destroyed. Mr. Minatta agreed that water is a major concern out there; he noted that the wells that are on the property are adjudicated and are available for irrigation and there is a ditch on the property line, which they will maintain so the water will flow all the way through from their north property line to CR 54. With regard to adequate parking, Mr. Minatta stated that they tried to address this from past experience and the parking requirements they are meeting will more than adequately address the parking needs and he assured the Board that there will be no parking on the frontage road or CR 54. Commissioner Disney suggested, in order to get the people used to not parking on the adjacent roads to the soccer field, that some "No Parking" signs be erected. Mr. Sheldon responded that could be done and clarification was made that it would be at the County's expense.
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 Fort Collins Soccer Club Special Review (#95-ZR0748), with the conditions as revised and outlined, and that the County erect "No Parking" signs on the frontage road and county roads adjacent to the soccer field.
Motion carried 3 - 0.
6. LAMPERT MINOR RESIDENTIAL DEVELOPMENT APPEAL
(#98-EX1212): NE 11 05-70 - NORTH SIDE OF U. S. HIGHWAY 34,
1/4 MILE WEST OF THE INTERSECTION OF HIGHWAY 34 AND
COUNTY ROAD 27; 5.07 ACRES; FA-1 FARMING AND
This is a request for an appeal to allow submittal of a Minor Residential Development where the subject property is located in Range 70, and where direct access to the public road system is not provided for one lot and where a commercial use exists on the site. Ms. Evans submitted photos of the property, displayed an aerial photo of the site and the site plan submitted in 1992, provided the background information and reviewed the major issues and concerns. She noted that the County has had different applications dealing with this property, beginning with a Concept Technical Review held in February 1993 for an MRD, various building permit applications on the property, an MRD appeal proposed and denied in 1996, and a request for reconsideration. Ms. Evans stated that one concern the applicants had was with communication difficulties during previous meetings and hearings; she noted that the applicants contend that the original MRD application was submitted in December 1992 and, at that time, there was not a formally adopted policy restricting MRD's solely to residential use and also they believe that staff was fully aware at that time of the mixed use on the property. Ms. Evans noted that staff reviews each MRD appeal request for unique circumstances or for public benefits that would justify a variance of the requirements, but this request is not just a matter of a property not meeting some of the MRD criteria, but involves concerns regarding natural hazards, access, and proposed mixed uses on separate conveyable lots. Ms. Evans stated that approval of this MRD appeal could create a public perception that this exemption process is the appropriate method for seeking division in these types of situations; she continued that the applicant feels that the full subdivision process would be "extraordinarily expensive" and unwarranted since the use of the property will not change.
Staff findings are: 1) The MRD process was amended in February of 1993 to limit the types of parcels that are eligible to be divided without going through the full subdivision process; 2) This property has a split zoning (T-Tourist and FA-1 Farming) and an existing restaurant with an accessory dwelling. A new accessory dwelling has been constructed based on the applicant's agreement to eliminate the accessory apartment in the restaurant. Issuance of a building permit for the accessory dwelling did not constitute any review or approval of the creation of separate lots for the buildings on this property; 3) The mix of commercial/accessory residential uses on this property and the split zoning is not a unique situation. There are other parcels in the County where a commercial use exists along with an accessory dwelling, as well as other parcels with split zoning. Approval of an MRD appeal in this case could create a public perception that this exemption process is an appropriate method for seeking division of these types of properties; 4) With the type of mixed use proposed for this site and the potential for considerable impacts, staff recommends that division of this property be evaluated through the full subdivision/PUD process, rather than through an exemption process; 5) The full subdivision process is available to evaluate development of parcels that are not eligible for consideration under the MRD process. A subdivision or PUD request on this property would be subject to review and comment from the Larimer County Planning Commission. The staff recommendation is for denial of the Lampert MRD Appeal.
Lynn Hammond, attorney for the applicant, called Henry Lampert to the stand and asked him to describe the events prior to filing an application for a MRD; he responded that he needed to build up the property to increase income for retirement and he talked to Mr. Legg in the Planning Department in 1992 about splitting the property. Mr. Lampert stated that at that time he was given an application and told about the MRD process; Landmark Engineering was hired to do a survey at a cost of $2,500 and they prepared a plat to be filed with the County and he also paid $1,600 for blue prints; he continued that CTR was scheduled for February '93, at which time he was advised of concerns of access, leach fields, and septic systems, but he was not told that the MRD process was only permitted for residential. Mr. Hammond noted that Mr. Lampert did apply for a building permit and it was issued and contained a provision that upon completion of the house, they had to stop living over the restaurant; he noted that the Lamperts have satisfied the concerns raised at CTR and have put in an approved septic system and have access and that is why he is making this appeal again. Mr. Hammond submitted and reviewed photos of the property showing the access to the property looking to the east, the parking area on the west side of the building, the access road leading to the house, and showing that it is possible to expand parking on the east side of the property. Mr. Hammond responded briefly to the comments made by the County regarding the communications issue, the application being submitted before restrictions, etc., and noted that it is acknowledged in the staff report that staff was aware of the mixed use. Mr. Hammond asked what risk is acceptable if one person owns both the house and restaurant that are not acceptable if those two are owned by two persons; he noted that the natural terrain is going to limit expansion and the Lamperts have no problem with having a condition of any MRD approval that any expanded use of the restaurant would require special review. Mr. Hammond requested the Board to judge this appeal based upon what was in effect in 1992 and he believes it substantially meets even the current criteria; he continued that Mr. Lampert did what he was told and this property is unique in topography and does not lend itself to greater development. Mr. Hammond stated that the Lamperts will agree to any conditions with regard to special review of any increased use on the restaurant and if the County believes that any additional parking is required, he will do it; he noted that Mr. Lampert is asking for the County's help and if he is required to go through the subdivision process, nothing will change. Mr. Hammond stated that approving this appeal will not set a precedent as this is a one-time request of the Board to approve an appeal that permits the Lamperts to work with staff to satisfy their concerns.
Questions from the Board and discussion followed; Commissioner Disney stated that the only thing that changed in 1993 was to allow only two lots to be created by MRD instead of the existing four; Ms. Evans noted that the subdivision resolution of 1988, which was the first published resolution that contained the MRD regulation, limited uses to single family residential. Ms. Evans read from the CTR staff report prepared by Mr. Legg which stated that there are several concerns regarding building, road construction, and access constraints on the property and staff will require the applicant to proceed through the subdivision process rather than the MRD process as the MRD regulations limit MRD to residential uses only and the existing restaurant on Lot 1 does eliminate MRD as an alternative. Mr. Hammond stated that if the Lamperts were to proceed through the subdivision process, there are a number of studies that would have to be submitted to comply with the regulations and it is hard to see how these studies are going to advance or reduce the safety risks, and he asked the Board if there is any other recourse for them to follow, such as, if they apply for subdivision, can there be any waiver of some of the requirements? Ms. Evans stated that if the Board decides not to require a hazard mitigation report, it would be prudent to include some type of notification on the plat to potential buyers that there is a hazard area which has not been investigated and there may be some risks involved. Commissioner Disney asked if there is any liability for the County if they waive this requirement; Ms. Haag responded that the County would be protected by the Governmental Immunity Act. Mr. Hammond suggested the possibility for he and Ms. Haag to meet and come up with a list of items that would need to be on the plat and to resubmit an application for a subdivision but make disclaimers to the items like road and natural hazards to let the buyer of the property be aware of what exactly has been approved. Commissioner Clarke asked about definition of any expansion; Mr. Hammond responded that those terms can be defined and he suggested that this matter be tabled to allow time for he and Ms. Haag to work out a set of conditions and resubmit at a subsequent meeting. Commissioner Clarke asked about the zoning lines; Mr. Hammond asked if Lot 1 and Lot 2 could be rezoned. Ms. Haag responded in the affirmative that they can do a request for rezoning as part of the MRD process. Commissioner Disney asked if it could all be rezoned to FA-1 Farming and the restaurant be a non-conforming use; Ms. Evans stated that if it was rezoned, they would have a non-conforming use and any expansion would require approval from the Board of Adjustment through a variance.
Further questions from the Board and discussion followed; Commissioner Disney stated that when he is considering an appeal of policy, the first thing he looks at is whether or not there is any public benefit, and in this case there is not, but he is also very much opposed to government "One size fits all solutions"; he agrees with Mr. Hammond that whether this goes through the subdivision or MRD process, the use of the property is not going to change. Commissioner Disney continued that he would prefer it come through the subdivision process with some conditions waived so the County doesn't set a precedent for waving the MRD policy. Commissioner Clarke concurred that there doesn't seem to be a huge detriment to the public from this use and he is sensitive to what it would cost the Lamperts for technical studies and surveys. Chair Olson agrees with Mr. Hammond that the uses are there, but she has concern about leaving it in the MRD process; she also expressed concern that the current map doesn't show the road and now is the time to prepare a new map showing the permanent access to the residence. Ms. Haag stated that the purpose of tabling would be to allow time for she, Ms. Evans, and Mr. Hammond to meet to determine what is normally required of an applicant through a subdivision process and what items they can or cannot require in a more abbreviated form or be eliminated.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners table the Lampert Minor Residential Development Appeal (#98-EX1212) until 3 p.m. on July 6, 1998.
Motion carried 3 - 0.
The meeting adjourned at 5:15 p.m.
TUESDAY, MAY 19, 1998
(#334 & #333 @ 1500)
The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Pro-Tem Clarke presided and Commissioner Disney was present. Also present were: Dan Tasman, Planner II; Rob Helmick, Senior Planner; Daryl Burkhart, Parks and Open Lands Resource Specialist; Carol Block, Finance Director; Drew Davis, Sheriff's Department; Ralph Jacobs, Director Human Resources; Jodi Boatright, Human Resources Staff Services Manager; Kathy Snell, Health & Human Services Director; Jan DeWitt, HHS Management Assistant; George Coll, Community Services A.R.T. Team; Jeannine Haag, Assistant County Attorney; Donna Hart, Commissioner's Office Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.
1. OPEN SESSION FOR PUBLIC COMMENT: No one came today to address the Board during the open session for public comment.
2. APPROVAL OF MINUTES FOR WEEK OF MAY 11, 1998:
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of May 11, 1998, as submitted.
Motion carried 2 - 0.
3. APPROVAL OF SCHEDULE FOR WEEK OF MAY 25, 1998:
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of May 25, 1998, as submitted.
Motion carried 2 - 0.
4. APPROVAL OF CONSENT AGENDA:
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for May 19, 1998:
MISCELLANEOUS DOCUMENTS: Sierra Plaza South Condominiums Final Plat and Glacier View Meadows 12th Filing - Lot 39 and Tract B Amended Plat. LIQUOR LICENSES: Renewal of licenses was approved for: Riverbend Resort - 3.2% - Loveland, CO.; J. J.'s Lounge - 6% - Fort Collins, CO.; Olympus Motor Lodge - 6% - Estes Park, CO. Change of Corporate Structure for Horsetooth Yacht Club, Inc. - 6% - Fort Collins, CO.
A98-78 WARRANTY COLLATERAL AGREEMENT BETWEEN THE BOARD
OF COUNTY COMMISSIONERS AND HH GROUP, INC. (Highland
Hills Third Filing - Lots 1 through 28)
A98-79 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND HH GROUP, INC.
(Highland Hills Third Filing - Lots 29 through 46)
C98-18 SINGLE ENTRY POINT CONTRACT AMENDMENT FOR 1998-99
(Change Order Letter - Contract Routing #3398-1311)
C98-19 CONTRACT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND ROD AULT DBA ROD'S ROADS (Road
Work for GID #4 - Carriage Hills)
C98-20 CDBG CONTRACT CHANGE LETTER #1 (Contract Extension for
the Springfield Court Childcare Center CDBG Grant - #F8CDB97735)
C98-21 CONTRACT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND COLORADO STRIJPE WRIGHT, LTD. OF
AURORA (Project No. 9030 for 1998 Pavement Marking Program)
R98-74z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING
THE PETITION OF LAST STAND STABLES
R98-75s FINDINGS AND RESOLUTION APPROVING THE CINDY LANE
R98-76s FINDINGS AND RESOLUTION DENYING THE MASTER PLAN/
PRELIMINARY PLAT OF SCOTTISH SHIRE PLANNED UNIT
R98-77s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR
EAGLE LAKE SUBDIVISION 7TH FILING
R98-78rb FINDINGS AND RESOLUTION APPROVING THE COUNTY ROAD
56E VACATION OF RIGHT-OF-WAY
Motion carried 2 - 0.
5. APPROVAL OF FINAL PLAT FOR JENKS SUBDIVISION (#97-SU1083):
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the Final Plat for the Jenks Subdivision (#97-SU1083), and authorize the Chair Pro-Tem to sign same.
Motion carried 2 - 0.
6. APPROVAL OF REVISION OF POLICY FOR SMOKING IN COUNTY FACILITIES:
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the adoption of the revised Policy for Smoking in County Facilities, and authorize the Chair Pro-Tem to sign same.
Motion carried 2 - 0.
P98-02 REVISED POLICY FOR SMOKING IN COUNTY FACILITIES
7. APPOINTMENTS TO PREBLE'S MEADOW JUMPING MOUSE (PMJM) "BLUE RIBBON TASK FORCE: Mr. Helmick submitted a list of persons to be appointed to the PMJM "Blue Ribbon" Task Force and requested Board approval; he noted that these appointments represent various interests and total thirteen members, as the Board suggested. Commissioner Clarke recommended that these persons be notified of their appointment as soon as possible.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners appoint the following persons to serve on the Preble's Meadow Jumping Mouse "Blue Ribbon" Task Force: Property Rights - John Smethurst; Environmental (Sierra Club) - Mark Easter; Utilities (PRPA) - John Fooks; Water Users (NCWCD) - Eric Wilkinson; Business Interests (Fort Collins Area Chamber) - Tom Honn; Development Community (Home Builders Assn.) - Kimberly Mavers; Cities (Fort Collins) - Tom Shoemaker and (Loveland) - Deb Pearson; Agriculture - Al Johnson; Sand and Gravel - Greg Lindsay; State Lands or interests - Jim Jackson; and Citizens - Phil Teeter and Phil Friedman.
Motion carried 2 - 0.
8. UPDATE ON FEMA RECOVERY: Ms. Block provided an update for the Board on the FEMA recovery; she noted that $357,657 will be received for 20 approved projects and to date eleven of those projects have been completed and 2/3 of their award amount already received and she stated that the payment process is working pretty well.
9. REQUEST TO WAIVE INDIRECT COSTS FOR TRAFFIC SAFETY GRANT: Drew Davis requested the Board to approve a waiver of the indirect cost policy for their highway traffic safety projects funded through the Colorado Department of Transportation; he noted that this is the second year for this project and the Board graciously waived the fees last year. Mr. Davis stated that through an oversight, the Sheriff's Office failed to request this waiver at the time the contract was signed by the Board and he noted that this project is being funded with revenue from the Model Traffic Code. Questions from the Board and much discussion followed; as requested by Mr. Lancaster, Ms. Block discussed the indirect cost policy and waivers and noted that the costs are still there even though they are waived. Ms. Block stated that in the past 3 years, the Board has waived 3 grants which were all in the Sheriff's Department and this policy is up for review right now and she requested direction from the Board whether or not they want to include in the policy the waivers for the Sheriff's Department; the Board said "No" and stated that this is the last one they are going to approve. Mr. Drew provided the background on the grants which have been waived, noting that two of the grants were for the Federal COPS Program; he noted that the Sheriff's Department does have projects where they do pay the indirect costs.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve a waiver of policy for indirect costs for the Sheriff's Office Traffic Safety Grant, and noted that this is the last waiver of the indirect cost policy they are going to approve.
Motion carried 2 - 0.
10. DISCUSSION OF LYONS AREA RECREATION DISTRICT: Mr. Helmick stated that they have received a Special District proposal for the Lyons Area Community and Recreation District which will encompass a significant portion in Boulder County; however, there is a portion in Larimer County and Statute requires the Board to meet within 10 days of the plan submission to set a Planning Commission hearing which must occur within 30 days. Mr. Helmick requested the Board to formally refer the Lyons Area Community and Recreation District to a public hearing before the Planning Commission at 4 p.m. on June 3, 1998.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners refer the Special District proposal for the Lyons Area Community and Recreation District to the Planning Commission for a public hearing at 4 p.m. on June 3, 1998.
Motion carried 2 - 0.
11. ALTERNATIVE TRANSPORTATION INCENTIVES/PROMOTIONS: Mr. Jacobs stated that as part of the Transportation Demand Management Program, they were approached by Smart Trips about using a policy that the City of Fort Collins has adopted that would allow County employees to receive free annual bus passes on Transfort; he noted that the normal charge for an annual bus pass is $140.00 and if the County were to accept this proposal, it would cost $31,200 to provide these passes for each employee who lives in the immediate Fort Collins area. Mr. Jacobs reviewed the reasons it would not be practical for the County to accept the Transfort offer; he suggested that rather than give annual bus passes en masse to all employees, that monthly passes be given to employees who agree to use them at least 5 times a week. This would cost $17.50 per monthly pass and they are hoping to get 20 employees to do this and an additional 10 more to use Fox Trot. Mr. Jacobs requested Board approval to authorize the Human Resources Department to implement a program to offer monthly bus passes to regular Larimer County employees at no charge to the employee; he noted that the cost of $3,465 for the 1998 funding for this program can be derived from the Medical Insurance Reserve Fund. Mr. Jacobs noted that the rational for using monies from this Fund is because it is an employee benefit. Commissioner Disney asked if they could provide daily passes rather than monthly passes; Mr. Jacobs stated that he will ask about that possibility.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners authorize the Human Resources Department to implement a program to offer monthly bus passes to regular Larimer County employees, at no charge to the employee, with the $3,465 requested for the 1998 funding for this program to be derived from the Medical Insurance Reserve Fund and appropriated to the Human Resources Department, and directed Mr. Jacobs to look into the possibility of obtaining daily passes to offer to employees.
Motion carried 2 - 0.
-- Ms. Boatright requested Board approval for funding in the amount of $2,500 to purchase incentive/promotional gift items which would have the Larimer County name or logo on them to be used as give aways to Larimer County employees at special events and other activities, such as the Alternative Transportation programs; she noted that over the past few years, they have been able to obtain items from the Fort Collins Smart Trips Program, but they have "City of Fort Collins" printed on them.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners authorize an expenditure of $2,500 for the purchase of incentive/promotional gift items reflecting the Larimer County name/logo; funds for this expenditure will be derived from the Medical Insurance Reserve Fund and appropriated to the Human Resources Department.
Motion carried 2 - 0.
12. LEASE OF SITE FOR JUVENILE ASSESSMENT CENTER: Ms. Snell introduced Dr. Al Madsen, property owner, and Tom Peterson and Holly Ross from Black Fox Commercial, leasing agents; she noted that they have been in negotiations with Dr. Madsen to lease a property at 1525 South College for $12 per square foot for use as the Larimer County Adolescent Assessment and Resource Center. Much discussion followed concerning some objections raised from adjacent property owners regarding this use at this location. Ms. Snell stated that one objector, Jon Prouty, has contacted the City of Fort Collins Planning Office asking if this is an allowable activity and they hope to meet with them this afternoon. Ms. Snell informed the Board that there are other people interested in leasing this property and she asked if the Board could approve the lease, contingent upon approval from the City of Fort Collins. Ms. Haag stated that she reviewed and approved the lease as written, but the issue about this use at this particular location and whether it is permitted by the zoning, and also an issue of restrictive covenants, which restricts the use of this land. Ms. Haag stated that worse case is that we could get into this facility and then get a court order to move out and she asked how much of a risk do we want to take with this? She continued that we could put in a provision that in the event it is deemed that this is not a use permitted under the covenants, there would be liquidation damages paid to the County for the cost of relocating. Chair Pro-Tem Clarke emphatically stated that this facility is not going to be a threat to the neighbors; Mr. Lancaster pointed out that actually security will be greater because of all the police cars coming in and out. Mr. Peterson stated that it is imperative to talk to Mr. Prouty to explain the program to him; he stated that he does not feel this is a zoning issue. Mr. Madsen stated that he could wait one week for a decision.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the proposed lease agreement for the site for the Juvenile Assessment Center, contingent upon resolution of the zoning and covenant issues and that decision will be rendered in one week.
Motion carried 2 - 0.
-- Commissioner Disney suggested that in the future when printing the schedule for the agenda and time for Administrative Matters that a disclaimer be included that the times listed are approximate and also noted that the order of the agenda may change.
-- Mr. Lancaster informed the Board of the agenda items he has listed for their joint meeting with the City of Loveland at the end of June; those items are: Discussion of PLUS, Changes in the UGA, Assessment Center, TDU's, Green Glade Reservoir issue; Crow Park parking, Communications, Policy regarding City activities impacting County residents, etc.
-- Mr. Lancaster requested clarification from the Board regarding a communication from the Mental Health Department from Rich Cowen with regard to a statement from the Board at a meeting in Estes Park to fund a service proposal and if the Board is willing to approve this. Chair Pro-Tem Clarke stated that the Board committed to continue to fund the Mental Health Department in Estes Park, but not provide additional funding. Ms. Snell stated that actually services may have to be cut in Estes Park; however, further discussions will determine the appropriate level of Mental Health services in Estes Park.
14. COMMISSIONER REPORTS:
-- Commissioner Disney reported on his tour of the Smitherman Ranch; he noted that it is magnificent and beautiful and needs protection, but he is not totally convinces that open space dollars should be spent on it. He said he had an opportunity to discuss this with the Open Lands Board and voiced his concerns about criticisms he has heard about spending Open Space money on properties that the public can't access and, in this case, they can't even see; he said we need to do some very visible and accessible projects that the public can see. Chair Pro-Tem Clarke concurred.
-- Chair Pro-Tem Clarke reported on the meeting he attended this morning with the Poudre R1 School Board and the City of Fort Collins; he noted that last night the School Board made a proposal that any and all attempts to purchase the land south of Fossil Creek from the State Land Board be shelved until January 11, 1999 to allow time for staff to look for alternatives and all 3 entities agreed. Commissioner Disney asked if we can also get a guarantee from the State Land Board that they won't sell it out from under us. Mr. Lancaster suggested we write a joint letter from the 3 entities asking for 1st right of refusal. Chair Pro-Tem Clarke stated that by Statute the School Board may have this; Commissioner Disney stated that he would like to have it in writing.
The meeting adjourned at 11:15 p.m.
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