PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, April 19, 1999

LAND-USE PLANNING MEETING

(#469)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Sean Wheeler, Planner I; Matt Lafferty, Planner II; Sylvester Mabry, Project Engineer; 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.

1. AMENDED PLAT OF LOTS 93, 94, 95 AND 97 OR THE REPLAT OF

LOTS 1, 2, 3, 53, 56, 74, 75, 76 AND 77 OF THE IMPERIAL ESTATES

SUBDIVISION SECOND FILING (99-S1388): NW 1/4 - 34-07-69 - EAST OF

TAFT HILL ROAD ON THE SOUTH SIDE OF HORSETOOTH AND WEST

SIDE OF CAPITAL DRIVE; 1.81 ACRES; 4 LOTS; R-RESIDENTIAL

ZONING

This is a request for an amended plat to combine Lots 93, 94, 95 and 97 within a replat of the Second Imperial Estates Subdivision; said combining of lots will result in 3 lots ranging in size from approximately .3 to .9 acres in area. 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 of Lots 93 through 95 and Lot 97 within the replat of Imperial Estates 2nd Filing.

 

 

 

2. AMENDED PLAT OF LOTS 1 AND 2 OF THE SUMMERS SUBDIVISION,

WITH AN UNIMPROVED TRACT OF LAND IN LARIMER COUNTY;

NE 1/4 - 18-07-68 - 1 MILE EAST OF COLLEGE AVENUE ON THE SOUTH

SIDE OF MULBERRY ST.; 12.57 ACRES; 2 LOTS; COMMERCIAL

ZONING

This is a request to amend the plat of Lots 1 and 2 within the Summers Subdivision and combine them with an unimproved tract of land in Larimer County; said combining of lots will result in two new lots being approximately 4.9 and 7.6 acres respectively. Staff findings are: 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 of Lots 1 and 2 of the Summers Subdivision with an unimproved tract of land in Larimer County.

3. HERSH MINOR RESIDENTIAL DEVELOPMENT (98-EX1295): 10-6-69

10-06-69 - WEST OF SOUTH SHIELDS STREET ON MIDWAY DRIVE,

SOUTH OF FORT COLLINS; 15.3 ACRES; 1 LOT; FA-1 FARMING ZONE

This is a request for a minor residential development (MRD) to divide an existing 15.22 acre parcel into a 12.9 acre parcel and a 2.21 acre parcel for single family residential uses. Staff findings include: 1) The proposed Hersh 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 size requirements for the FA-1 Farming Zone District. The proposal is also consistent with the objectives for Fort Collins IGA Urban Growth Area; 2) Approval of the Hersh 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 Hersh MRD, with the following conditions: 1) The Final Plat shall provide for the extension of Midway Drive in compliance with Engineering Department comments outlined above. The Midway Drive extension and turn-around shall be privately owned and maintained but dedicated for public use. A plat note shall be added that states that Larimer County is not responsible for road maintenance; 2) Plans describing the road improvements for the new access (access road with turnaround) shall be submitted and approved by the County Engineering Department prior to recording the Final Plat; 3) Installation of any fire hydrants and residential sprinkling systems, as may be required by Poudre Fire Authority, shall be the responsibility of the applicant; 4) The applicant shall provide underground utilities for the project consistent with standards established by the City of Fort Collins and those required by Intergovernmental Agreement; 5) The following notes shall be shown on the Final Plat: This MRD is located in a rural setting and potential buyers should be aware of the following: a) 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; b) 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; c) During certain time 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; d) 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; 6) All required fees shall be paid at time of building permit issuance; 7) Engineered footings and foundations are required for all construction on these lots; 8) 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.

4. AMENDED PLAT OF LOTS 37 AND 38, CRYSTAL LAKES 5TH FILING

(#98-S1391): SW 1/4 - 01-10-74 OFF CR 74E ON MUSKOGEE TRAIL;

3.31 ACRES; 2 LOTS; E-ESTATE ZONING

This is a request for an Amended Plat to combine Lots 37 and 39 within the Crystal Lakes Subdivision, 5th Filing; said combining of lots will result in one being approximately 3.31 acres in size. Staff findings are: 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; 5) Technical items noted by the Engineering Department must be completed prior to final recording of the plat. The staff recommendation is for approval of the Amended Plat of Lots 37 & 38 with the Crystal Lakes Subdivision 5th Filing, subject to the following condition: 1) All required corrections to the amended plat, including the proper referencing of survey data and the size of utility easements, must be completed to the satisfaction of the Engineering Department prior to recording.

 

 

5. EASEMENT VACATION IN LOT 88a IN GLACIER VIEW MEADOWS

SUBDIVISION 2ND FILING (#99-S1392): 15-09-72 - OFF EITHER MT.

APIATAN COURT OR MANHEAD MOUNTAIN DRIVE; 13.19 ACRES;

1 LOT; E-ESTATE ZONING

This is a request to vacate an easement not vacated by an earlier amended plat application for Lot 88a in the Glacier View Meadows Subdivision 2nd Filing. Staff findings include: 1) The proposed easement vacation is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The easement vacation is compatible with other development in the surrounding area; 3) Approval of the easement vacation 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 vacation of the 80 foot utility and trail easement in Lot 88a within the Glacier View Meadows Subdivision, 2nd Filing.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Amended Plat of Lots 93, 94, 95 and 97 of the replat of Lots 1, 2, 3, 53, 56, 74, 75, 76 and 77 of the Imperial Estates Subdivision Second Filing (#99-S1388); Amended Plat of Lots 1 and 2 of the Summers Subdivision with an unimproved tract of land in Larimer County (#99-S1390); Hersh Minor Residential Development (#98-EX1295); Amended Plat of Lots 37 and 38, Crystal Lakes 5th Filing (#98-S1391); and the Easement Vacation in Lot 88a in Glacier View Meadows Subdivision, 2nd Filing (#99-S1392); each, with the conditions as outlined.

Motion carried 3-0.

The meeting adjourned at 3:05 p.m.

TUESDAY, APRIL 20, 1999

ADMINISTRATIVE MATTERS

(#469)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Captain Ern Hudson, Sheriff's Department; Kam Gentry, Victims Response Team Leader; Neil Gluckman, Assistant County Manager; Deni LaRue, Community Information Manager; and Donna Hart, Commissioner's Office Administrative Manager. Recording Clerk, Gael Cookman.

1. PUBLIC COMMENT: Kelly Ohlson appeared before the Board and questioned why the strikeout version of the proposed amendment to Rural Land Use Center Process was not made available to the public; he explained that without the strikeout version or a summary sheet, it is extremely difficult to determine what the proposed changes are. Chair Olson explained that the general public found the strikeout version of the PLUS Code hard to follow and that is why they decided to present a "clean" version to the public in this case. Mr. Ohlson then questioned why there was not at least a summary of changes attached. Commissioner Disney stated that there is a summary sheet, but it apparently is not part of the changes that are being disseminated to the public. Mr. Ohlson suggested that in the future the Board could insure that a summary sheet is available and possibly offer both versions to the public so the individual could choose whether to view the strikeout version or the clean version. Mr. Ohlson also had some questions regarding the resignations of some of the individuals appointed to the Rural Land Use Board, and some questions regarding the bonuses that are being given to applicants using this process. Finally, Mr. Ohlson noted that he feels strongly that domestic dogs and cats can have a negative impact on wildlife and he wanted to be sure that this issue would be adequately addressed; he suggested the county work up an information sheet to educate the public on the extreme effects that domestic animals can have on wildlife.

2. APPROVAL OF MINUTES FOR WEEK OF APRIL 12, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of April 12, 1999.

Motion carried 3-0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF APRIL 26, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Schedule of the week of April 26, 1999.

Motion carried 3-0.

- Ms. Hart reviewed pending invitations with the Board.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved for approval of the following documents as listed on the consent agenda on document review for April 20, 1999:

PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: Gary Hoover and Charles Atwood; Timothy and Pamela Roys; Ming Rex and Chiiu Shang and Megan Yihsin; Russell and Dianne Stains; Geoffrey Wolfe; and Dale Clark Vigil.

MISCELLANEOUS DOCUMENTS: Amended Plat of Parcels "C" and "D" of the R. Don Burton Exemption.

LIQUOR LICENSES: License approval was granted to: Bob's Liquor - 6% - Fort Collins, CO; Waive of Hearing for Change of Ownership for the Coach House Resort, LLC - 6% - Loveland, CO; and Fort Namaqua Wine & Spirits - 6% - Loveland, CO. Licenses were issued to: Tornado Club - 6% - (Duplicate License) Fort Collins, CO; South Taft Liquor, Inc., - 6% - Fort Collins, CO; Rustic Liquors - 6% - Bellevue, CO; Fox Acres Country Club - 6% - Red Feather, CO; Overland Foods - 3.2% - Laporte, CO; Glen Haven General Store - 3.2% - Glen Haven, CO; and Sox & Cubs Pizza & Subs - 6% - Fort Collins, CO.

A99-67 PERSONAL SERVICES AGREEMENT BETWEEN THE BOARD OF COUNT COMMISSIONERS, FOR THE USE AND BENEFIT OF LARIMER COUNTY MENTAL HEALTH CENTER AND THERAPIST MARTHA RATLIFF (For the purpose of securing certain professional services)

A99-68 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE ESTES VALLEY PUBLIC LIBRARY DISTRICT

A99-69 CONSTRUCTION CONSULTING AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RKG, INC.

A99-70 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF WELLINGTON

A99-71 PAINTING SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ROB WILSON'S CUSTOM PAINTING, INC.

C99-13 CONTRACT AMENDMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING (For the purpose of changing the method of enrollment for mental health clients in the Mental Health Capitated Program)

Motion carried 3-0.

5. PROCLAMATION OF CRIME VICTIMS' RIGHTS WEEK: Captain Hudson read the proclamation aloud, and then informed the Board that Michal Connors, a volunteer advocate on Ms. Gentry's Victim Response Team, was recently honored with a national award which will be presented by her employer (J.C. Penney) in recognition of her volunteer work and involvement with the Victim Response Team. Captain Hudson noted that Ms. Gentry's team would also be awarded a $10,000 cash donation as part of this national award. Ms. Gentry explained the process involved in selecting a volunteer for this award and noted that she will accompany Ms. Connors to Dallas, Texas in order to accept the award. Ms. Gentry further explained that the specific incident noted in recommending Ms. Conners for this award was the homicide in Campion, during which the entire Victim Response Team was called out to assist the victims, and Ms. Conners and Ms. Gentry remained at the hospital from 11:00 a.m. - 1:30 a.m. assisting several victims in response to this tragedy.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim the week of April 25th - May 1st, 1999 as Crime Victims' Rights Week.

Motion carried 3-0.

  1. APPOINTMENTS TO THE MENTAL HEALTH ADVISORY BOARD: Mr. Lancaster requested approval to appoint Nancy McDevitt and Frank Shavlik to the Mental Health Advisory Board

M O T I O N

Commission Rennels moved that the Board of County Commissioners approve the appointments of Nancy McDevitt and Frank Shavlik, Ph.D. to the Mental Health Advisory Board for a three year term expiring June 30, 2002.

Motion carried 3-0.

7. ADOPTION OF BOARD PRINCIPLES: Mr. Lancaster requested approval of the Operating Principles and Commitments of the Board which outlines the values, principles and commitments of the Board of County Commissioners as they relate to the working relationship between the Commissioners, staff, and the citizens of Larimer County.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners to approve the Operating Principles and Commitments of the Board.

Motion carried 3-0.

8. WORKSESSION: Mr. Lancaster and Mr. Gluckman requested direction from the Board on how to address the Treasurer's Tax Fee issue regarding the reduction in fees that the Treasurer can charge when they collect taxes for other entities from .50% to .25%; he noted that this legislation goes into effect on January 1, 2000 and will result in a $250,000 loss of funds for the County. After some discussion, the Board decided that since the school boards did support this amendment, Mr. Gluckman and Mr. Lancaster should work through the local school district liaison committees in order to try to better explain the purpose of these fees and to work together to correct the situation.

- Mr. Lancaster explained that he plans to meet with the Agriculture Advisory Board in order to clear up some confusion on how members are appointed to County Boards and Committees. Commissioner Rennels requested that Mr. Lancaster ask the Agriculture Advisory Board to wait for approval on their Evaluation of Tools and Techniques for Minimizing the Loss of Agricultural Land and Water in Larimer County, which they refer to as their "White Paper", as she would like to address some of her concerns about this document with them at the next meeting.

- Mr. Gluckman explained that Colorado State University will be hosting some dignitaries from Africa next week, two of which are government officials that have requested to visit the County and shadow some of our officials; he noted that this will take place next Tuesday, April 27, 1999.

9. COMMISSIONER REPORTS: Commissioner Rennels mentioned that she had a conference call to CCI and was informed that on April 30, 1999, there will be a meeting at CCI with 64 counties in order to address the "missing funds" from the Department of Revenue's collection of sales tax on behalf of the counties; she also noted that they are discussing the possibility of forming some workgroups to attack the Gallagher Amendment and, in her opinion, given the constitutionality of the issue, the better course of action might be to hand out information and start having the other counties question exactly what this amendment has or has not done for them.

- Commissioner Disney noted that he and Planning Director Larry Timm met with a number of people in Loveland and discussed the possibility of using the TDU program in Loveland and Berthoud; he then asked for input from the Commissioners regarding possible barriers that might preclude them form instituting this program in these areas.

- Chair Olson explained that the concealed weapons bill did address the county's concern and she has a letter that was presented to the Governor that she could make available for the public.

10. LEGAL MATTERS: At this time Assistant County Attorney Jeannine Haag and Planner Russ Legg joined the meeting for Legal Matters. Ms. Haag explained that she needed Board approval on the closing documents for the sale of lots 122, 123, and 124 of Glacier View Meadows Subdivision 12th Filing.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize the Chair to sign the closing documents pertaining to the sale of lots 122, 123, and 124 of Glacier View Meadows Subdivision 12th Filing, P.U.D, to Dennis H. and Pamela L. Olson.

Motion carried 3-0.

R99-43g RESOLUTION FOR CONVEYANCE BY THE BOARD OF COUNTY COMMISSIONERS PERTAINING TO THE SALE OF LOTS 122, 123, AND 124 OF GLACIER VIEW MEADOWS SUBDIVISION 12TH FILING

Mr. Legg explained that the City of Fort Collins has requested the County to sign two intergovernmental agreements (IGA's) pertaining to the Fort Collins Cooperative Planning Area (CPA), south of Fossil Creek Reservoir, along with a draft letter to be sent to CPA property owners; he noted that the draft letter includes a schedule of the public hearings for the adoption of the IGA. Chair Olson stated that she felt the letter should come from Larimer County and that it should be mailed, along with a complete information packet, to each of the fourteen property owners affected. The Board also agreed that the County should offer to schedule a meeting with the affected property owners in order to properly answer all of their questions.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session to discuss pending litigation.

Motion carried 3-0.

Meeting adjourned at 11:20, no further action taken.

_________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

____________________________________

Gael M. Cookman, Deputy County Clerk

____________________________________

Sherry E. Graves, Deputy County Clerk