PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
Monday, May 10, 1999
LAND-USE PLANNING MEETING
(#473 @ 2050)
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: Rob Helmick, Senior Planner; Jim Reidhead, Director Rural Land Use Center; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.
Chair Olson noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. Mr. Reidhead requested that the McChesney Preliminary Rural Land Plan item be removed from consent for one clarification.
19-08-68 - NORTH SIDE OF DOUGLAS ROAD (CR 54), 1/2 MILE
EAST OF CR 13; 36.26 ACRES; 2 LOTS; OPEN ZONING
This is a request for a Minor Residential Development on 36+ acres to create two residential lots, 10 acres and 26 acres. Staff findings include: 1) The Minor Residential Development creates lots which are consistent with the zoning of the area and with the character of the area; 2) The Minor Residential Development proposed has adequate service to the site; no utility provider has indicated that services are unavailable or inadequate; 3) The Final Plat for this Minor Residential Development will provide for adequate setbacks and buffers from the existing wetlands and other environmental resources on or adjacent to the site; 4) Access to the site will meet the requirements of the Larimer County Engineering Department; 5) The approval of this Minor Residential Development will not create or be a detriment to the health, safety or welfare of present of future inhabitant of Larimer County.
The staff recommendation is for approval of the Davies Minor Residential Development, subject to the following conditions: 1) The Final Plat of the Minor Residential Development must be submitted for review and recording no later than 6 months after the adoption of the Larimer County Land Use Code or January 1, 2000; 2) The Final Plat of the Minor Residential Development must conform to the requirements of the Larimer County Subdivision Regulations; 3) The access drive construction shall conform to the plans approved by the Engineering Department; 4) The Final Plat shall indicate the location of all wetland areas; 5) The new residential construction on Lot 2 will be subject to the following requirements/conditions: a) At the time of building permit application, the following fees, in effect at the time, must be paid - Larimer County Transportation Capital Expansion Fee, Larimer County Regional Transportation Fee, Larimer County Cash in lieu Fee for Parks, Poudre School District Cash in lieu Fee for Schools, and Drainage Fee; b) 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 streets may result in a lien being placed on these lots; c) Engineered footings and foundations are required; d) 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 Building 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; e) Underground utilities shall be required; f) Rural area issues: Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, raccoons, foxes, coyotes, prairie dogs and snakes). The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise. 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. Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At time 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. Farming practices on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur. 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. Management of these lots must be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and the staff recommendation and approve the Davies Minor Residential Development (#98-S1323), with the conditions as outlined.
Motion carried 3 - 0.
30-09-68 - 2 MILES NORTHWEST OF THE TOWN OF WELLINGTON
AT THE INTERSECTION OF COUNTY ROAD 66 AND COUNTY ROAD 11;
105 ACRES; 5 LOTS; O-OPEN ZONING
This is a request for Preliminary Approval to divide 105 acres in the following manner: A cluster of four single-family residential units on approximately 9.7 acres and one irrigated farm consisting of an existing dwelling unit, a new accessory dwelling unit, and 89.4 acres of irrigated cropland. The 89.4 acres of irrigated cropland (referred to as the residual land) will be protected by covenants for a minimum of 40 years, under the RLUP.
Mr. Reidhead stated that the clarification to be made, as requested by Ms. Haag, is that Lot 1 is the residual land and within that lot are two building envelopes and is 95.3 acres in size and the net residual, without the home sites, is 89.4 acres of irrigated crop land. Ms. Haag stated that the covenant restricting additional residential development for 40 years encompasses all of Lot 1.
Staff findings are that this proposal is consistent with the policies of the Rural Land Use Process: 1) RLUC staff supports the McChesney Preliminary Rural Land Plan based on the applicants' planning and design rationale for the location of the project's additional residential units, the overall acceptance of the preliminary plat design at the neighborhood meeting, and the potential for continued agricultural use of the residual land. The proposed plan considers the various land development and design options, particularly the subdivision process; 2) There is an additional, harder-to-quantify consideration: Mr. & Mrs. McChesney intent to continue farming in this area and running the family vet practice. It is their plan to "further capitalize their operation" by selling residential sites. Using the RLUP is their first choice rather than the subdivision process. The intent of this particular RLUP project is to enhance and strengthen an existing family-run ag operation in the face of a lot of pressure to do otherwise. It is a compromise, but a reasonable one, in light of the many opposing financial, economic, and land-use forces which are at plat in this family's neighborhood; 3) The 10 single-family residential units possible under the current O-Open zoning of the property and the high level of development pressure within the immediate area, support our belief that this is an appropriate project, within both the spirit and letter of the Rural Land Use Process; 4) The site-based incentives (2 density bonus units, or 66%) provide the landowners with benefits roughly equivalent to what they would obtain through dividing their property into individual 35-acre tracts, as well as pre-empting the potential for many more residential units allowed by current zoning. As proposed, this project will also provide commensurate benefits to Larimer County; 5) The plan is compatible with the existing neighboring land uses: agricultural lands, 35's and subdivisions; 6) A RLUP final fee, currently $850.00, will be collected for each new dwelling unit constructed at the time of building permit issuance. A note to this effect to be placed on the plat; 7) It is appropriate to implement a boundary line adjustment to combine the excluded 20.8-acre parcel of land (at the northeast portion of the subject property) with a 79.9 acre parcel of irrigated farmland owned by the applicants immediately across CR 11 (to the east) to avoid creation of an illegal lot (one less than 35 acres). Staff consulted with County Attorney Ms. Jeannine Haag concerning the legality, appropriateness, and procedure for the boundary line adjustment. She indicated that it was both legal and in keeping with RLUP goals and objectives.
Tom McChesney, applicant, stated that his understanding is that the covenants to not apply to the residual land; Mr. Reidhead stated that they are referring to the 40-year protective covenant, not the homeowners covenants. Carl Zeller, owner of adjacent property, asked if there was something in the covenants to cover outdoor lighting; Mr. Reidhead responded that on page 21 in the staff report under the listing of homeowners' association covenants, it states that outdoor lighting is to be kept at a minimum. Another concern raised by Mr. Zeller was number of horses allowed on each lot; Mr. Reidhead stated that is not addressed in the covenants, but there is a County restriction on number of horses allowed. Chair Olson noted that an Animal Task Force has been formed to look at a variety of animal issues and will be recommending new regulations regarding animals very soon. Mr. Zeller asked about the use of the strip of land between the 4 lots and his land and if it will be fenced. Janice Hailey, property owner southeast of the subject property on the corner of CR 66 & 11 asked about the excluded land (20.8 acres) in front of the farm portion and why it was not included in the farm portion.
Mr. McChesney addressed the concerns: a) Lighting for accessory dwellings - he doesn't plan to put big yard lights in; b) Fencing on the strip - he wants to keep that open as a right-of-way for lot owners to access to lake if they desire to join the sports club; c) Number of horses - he is willing to set a limit of one horse per acre; d) 20.8 acres of contiguous land excluded from the project - he noted this is dry ground and he noted that they are going to do a boundary line adjustment so it becomes part of the 80 acres across the road to the east and may be reserved for future plans, which may include some development.
After discussion of the concerns, the conditions for approval of the McChesney Preliminary Rural Land Plan and the requested boundary line adjustment were amended as follows: 1) Issuance of a Larimer County Road Access Permit before the access to CR 66 is constructed. The access must be in accordance with the Larimer County Access Policy; 2) Approval of final engineering designs, including design of utilities, roads, ROW dedication, stormwater plan, and an erosion control plan; 3) Demonstration of adequate water service provided by Northern Colorado Water Association; 4) Preliminary soil testing to demonstrate soil suitability for on-site sewage systems; 5) Boundary line adjustment review and approval by County Attorney prior; 6) Residual land protective covenants and management plans review and approval by County Attorney; 7) Homeowners' covenants, including architectural controls, review and approval by County Attorney prior to final plat approval. The homeowners' covenants also need to provide that outdoor lighting will be kept to a minimum and will be directed downward and have an on/off switch, limit the number of horses to one per acre, state that there will only be one access to the reservoir at the northwest corner of Lot 5, and lots will be fenced along the west side of the development; 8) Review and approval of final development agreement by County Attorney; 9) Engineered footing and foundations shall be required on all structures; 10) 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 building may present a prepaid receipt for a radon tester which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the repaid receipt is submitted; 11) Transportation Capital Expansion Fees in effect at the time of building permit issuance shall be assessed on each lot; 12) Park fees in effect at the time of building permit issuance shall be assessed on each lot; 13) RLUP fees in effect at the time of building permit issuance shall be assessed on each lot; 14) School fees shall be collected at the time of building permit issuance; 15) The applicants agree to provide sales and other information to the Rural Land Use Center Director as necessary to insure that monitoring of the incentives can be conducted; 16) At time of real estate closing, owner or real estate professional shall provide purchasers of residential lots and residual lands with a copy of the "Code of the West", a County document which addresses differences between urban and rural living in Larimer County; 17) The owners of the residual land parcels shall be responsible for providing a baseline environmental study and an annual monitoring report for the residual land to Larimer County Rural Land Use Center; 18) The following notes shall also be included on the final plat: a) Mosquitoes: During certain times of the year, mosquitoes may present a significant nuisance. The County does not have a mosquito control program. Any spraying or other control will be the responsibility of the property owners; b) Wildlife: Wildlife such as skunks, snakes, and prairie dogs occur more frequently than in more build-up areas. Lot owners should be aware of these occurrences and be prepared to address them as residents if they arise. The County is not able to mitigate nuisance if they develop, although information on managing these issues is available; c) Prairie dog colonies do exist in the general area surrounding this proposal. Prairie dogs can be a nuisance if they migrate to developed residential property. The County does not perform prairie dog control, but can advise owners on how to obtain the services of licensed firms that do. At time, prairie dogs are implicated in the transmission of plague to people or their pets. The County does monitor prairie dog colonies for evidence of plague. Animal control requirements for both dogs and cats should be observed; d) Adjacent agricultural uses: Farming practices on this and adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur; e) Horse pasture management: If livestock is to be kept on the smaller parcels, the owners must be aware that lots of this size must be managed very carefully in order to maintain grass cover in the pasture
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and Rural Land Use Center's Directors recommendation and approve the McChesney Preliminary Rural Land Plan (#98-RLP0024), with the conditions as amended and outlined.
Motion carried 3 - 0.
The meeting adjourned at 3:25 p.m.
TUESDAY, MAY 11, 1999
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: Marc Engemoen, Director of Public Works; Brian Fraaken, Project Engineer; Janelle Henderson, Director Natural Resources; Greg Pickett, Director Parks and Open Lands; Donna Hart, Commissioners' Administrative 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 3, 1999:
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of May 3, 1999, as submitted.
Motion carried 2 - 0; Commissioner Rennels did not vote for approval of the Minutes as she was attending the SDIC Training in Durango, Colorado last week.
3. APPROVAL OF SCHEDULE FOR WEEK OF MAY 17, 1999:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of May 17, 1999, as submitted.
Motion carried 3 - 0.
-- Invitations: Ms. Hart reviewed the pending invitations with the Board.
Mr. Lancaster explained the new format for the Consent Agenda in that in the future it will list action items for the Board to approve; he noted that documentation for those items will be on the Web Page and in the Commissioner's Administrative Matters packets.
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 for Document Review on May 11, 1999:
ACTION ITEMS: Wyndham Hill PUD 3rd Filing Final Plat; Waiver to the Personnel Policy Manual to accommodate the payment structure outlined for the "On-Call" employee in the Facilities Department, and Staffing Changes in the Motor Vehicle Department to increase Clerk & Recorder Motor Vehicle Department staff by .5 FTE.
PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, were approved for the River Ridge Development Company of Windsor, LLC (16 Petitions) - Lots 1 through 9, Lot 12, Lots 207 through 212.
MISCELLANEOUS DOCUMENTS: Larimer County Operating Procedures for Internet Access Procedure. LIQUOR LICENSES: County approval for renewal of liquor licenses was granted to: Riverbend Resort - 3.2% - Loveland, CO. and Poudre River Resort - 3.2% - Bellvue, CO. Licenses were issued to: Coach House Resort, LLC. - 6% - Loveland, CO.; Fort Namaqua Wine and Spirits - 6% - Loveland, CO.; and Dorothy's Catering - 6% - Loveland, CO.
A99-89 BROKER AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND ARTHUR J. GALLAGHER & CO.
(Provision for Administrative and Insurance Brokerage Services)
A99-90 AMENDMENT TO THE BROKER AGREEMENT BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND ARTHUR J.
GALLAGHER & CO. (Same as above)
A99-91 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON
COUNTY ROAD 74E BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND JAYSIX LLC (Project # 162)
A99-92 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND ESTRELLA PLACE, LLC.
(Loveland Mental Health Center)
C99-18 NOTICE OF RENEWAL OF CONTRACT #98CAA01050 BETWEEN
THE STATE OF COLORADO, DEPARTMENT OF CORRECTIONS
AND LARIMER COUNTY (Purchase of Community Corrections
Inmate Intensive Supervision Program Services)
D99-05 DEED OF DEDICATION OF PROPERTY AS RIGHT-OF-WAY
BY TWIN PINE FARMS, LLC. TO LARIMER COUNTY
Motion carried 3 - 0.
5. DECLARATION OF EMERGENCY: The Office of Emergency Management has recommended that the Board declare a local emergency following the recent occurrence of flooding resulting in physical damages and financial liability to the County and many citizens and requiring emergency action and remediation.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners adopt a Declaration of Emergency in the unincorporated area of Larimer County, Colorado, pursuant to 24-32-2109, C.R.S. 1988 and the Emergency Management Resolution of Larimer County.
Motion carried 3 - 0.
R99-45g RESOLUTION FOR DECLARATION OF EMERGENCY
IN THE UNINCORPORATED AREA OF LARIMER COUNTY
6. DISCUSSION OF LANDFILL ENTRANCE: Mr. Engemoen provided an update for the Board on options being considered for relocation of the landfill entrance to address concerns of safety; he noted they are experiencing quite a bit of traffic backing up because the gates are fairly close to Taft Hill Road and because of the hill, the site distance is limited. Mr. Engemoen stated that Ms. Henderson and Mr. Fraaken have been working on a plan to relocate the entrance further south on Taft Hill Road just south of the recycling center and to move the gatehouse in further west so there would be stacking distance internally to improve the site distance; he noted that their original estimate for this relocation was $500,000, but the only bid received was for $592,000 and when other items are figured in, it will be a $700,000 project. Mr. Engemoen stated they looked at other options, such as keeping the entrance where it is on Taft Hill Road, but moving the gate houses further west and creating the stacking distance inside the landfill site; this estimate would be $290,000. Mr. Engemoen reviewed several other options; Ms. Henderson stated that they have budgeted about $600,000 for this project this year. Mr. Lancaster asked if they considered putting in a traffic signal. Mr. Fraaken responded that would cost about $200,000, but still would not address the stacking problem and also the site might not warrant a signal. Commissioner Disney asked if the egress could be on the south end of the property. The Board concurred that something needs to be done to alleviate the situation at the landfill and they directed Mr. Engemoen, Ms. Henderson, and Mr. Fraaken to continue to look at options. Mr. Engemoen will try and finalize a design to bring back to the Board, but noted that whatever is done, it is going to be expensive.
DISCUSSION OF FAIRGROUNDS RECOMMENDATIONS: Mr. Pickett provided an update for the Board on the Fairgrounds and Events Center Initiative; one alternative the Fairgrounds Task Force is pursuing in terms of private sector involvement in this project was to prepare a RFP looking for a potential private development partner to assist in reducing the cost to the taxpayers. Mr. Pickett stated that they received one response to their RFP from HP Developments, LLC., which is the development branch of Henzel Phelps; they are asking for the opportunity to enter into a Memorandum of Understanding (MOU) with the County that would provide them the exclusive opportunity to be our development partner, if we decide to work with a development partner, and in exchange for that privilege, they will conduct a market analysis and financial feasibility study for the highest and best use of the land at their expense and will complete that work in about 60 days. Mr. Pickett stated that the Task Force voted unanimously to recommend to the Commissioners to support pursuing this private development partnership. Another alternative being pursued is with a minor league baseball team; Mr. Pickett stated that they continue to have a great deal of interest in this project and want to work with us and be included in the master planning effort for this site. The Task Force also voted unanimously to recommend to the Commissioners to continue to pursue a partnership with the minor league baseball team and include them as a component of the public facilities. Mr. Pickett discussed other options, such as pouring rights, naming rights, exclusive marketing rights, etc.; he noted they have a proposal from DMJM, the Master Planning Firm the County contracted with to do the Master Plan, and they are asking us to amend their contract to include some consulting services to help us negotiate the MOU with the private development partnership and protect our interests and assist us with valuing things, such as naming rights, pouring rights, etc. Mr. Pickett stated that this amendment would increase the contractual agreement by $25,000 and he would like to move forward with that as quickly as possible; he noted this would be paid for out of Sales Tax Funds. Commissioner Disney asked that, if they are going to look at highest and best use, if they would touch base with Larry Timm, Director of Planning regarding the on-going I-25 Corridor Plan. The Board indicated their desire to continue pursuing the concept of a partnership and to approve the amendment to the contract, as requested.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners authorize the expenditure of $25,000 to expand the scope of the contract with Citiventure, with funds to be derived from the Sales Tax Fund.
Motion carried 3 - 0.
Chair Olson wanted it noted for the record that the County is involved in a Facilitators Training Program and they are loaning Babs Cornell to the Fairgrounds Task Force to help facilitate their meetings.
-- Mr. Lancaster stated that there is no agenda for the meeting tonight with the Johnstown Town Board, as it is to be a get-acquainted meeting. Commissioner Disney said if they do have discussion, two subjects should be the standard TDU discussion and CR 14 into Johnstown.
-- Commissioner Disney reported that at the North Front Range Transportation and Air Quality Planning Council Meeting last week, they were discussing how to spend the $800,000 which has become available because of Federal legislation; he noted he fought long and hard for funding for CR 17 and the City of Fort Collins fought for the Mason Street Corridor. Commissioner Disney stated that the two finalists were CR 17 between Loveland and Berthoud and the Mason Street Corridor but in the end they voted to take the first 2 years of that funding ($200,000) and put it in the regional signal pool and then continue to look at the 3rd year funding ($600,000) to determine how it should be spent. Commissioner Disney stated that the City of Fort Collins asked if the Commissioners would like to have a presentation on the Mason Street Corridor for a better understanding of what they are trying to do; the Commissioner agreed to the request and Mr. Lancaster will schedule the presentation.
-- Commissioner Rennels reported that she talked to Senator Peggy Reeves about the audit being conducted by the State regarding the sales tax issue; she noted they are trying to get some extended details how the State is doing the audit, which should be completed in 3 to 4 weeks. Commissioner Rennels stated the concern is whether or not they are going to address issues that affect Larimer County; she noted she has a meeting on Monday with CCI to see if we can get the program on how they did the audit to determine if it is specific to our County.
10. LEGAL MATTERS:
At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag, Director Rural Land Use Center Jim Reidhead, and Right-of-Way Agent Jerry White joined the meeting for Legal Matters.
-- Grant of a Trail Easement in Indian Creek Ranch: Mr. Hass requested Board approval of an agreement for a Grant of Trail Easement on a 35-acre parcel in Indian Creek Ranch; he noted the trail is 10 ft. wide, 1000 ft. long and free. Mr. Reidhead provided the background for this request; much discussion followed and Mr. Hass suggested the Board go into Executive Session to discuss this matter further.
-- FYI: Ms. Haag reported to the Board that a ruling was received on the EMU case and the Judge found that the operation constitutes a feed yard and therefore requires special review.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 11:10 a.m. to establish negotiations with the property owner and discuss potential litigation.
Motion carried 3 - 0.
The Board came out of Executive Session at 11:30 a.m. and took the following action:
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the settlement documents and execute the deed for the purchase of the Shrader property by Larimer County.
Motion carried 3 - 0.
With regard to complaints from neighbors regarding Gary Jacobson, dba Jacobson Industries, CONSENSUS OF THE BOARD was to direct Ms. Haag to write a letter to the neighbors stating that the County is comfortable that Mr. Jacobson is operating within the confines of his mining permit and within County zoning regulations and if they want to pursue the matter further, they have standing to do that, but the County is not going to pursue this matter any further.
With regard to the request for Board approval for an agreement for a Grant of a Trail Easement in Indian Creek Ranch, Ms. Haag stated that the Board directed the County Attorney to pursue other options for acquisition of a trail.
The meeting adjourned at 11:40 a.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,