Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, November 1, 1999

LAND-USE PUBLIC HEARING

(#548)

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: Jim Reidhead, Director Rural Land Use Center; Brenda Gimeson, RLUC Technician; Matt Lafferty, Planner II; Sylvester Mabry, Civil Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson stated that the first order of business would be to approve the Minutes from the October 26, 1999 Proposed Land Use Code hearing.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes from the October 26, 1999 Proposed Land Use Code hearing, as submitted.

Motion carried 3 - 0.

Chair Olson noted that the following is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience.

  1. BUEHLER FARMS REVISED PRELIMINARY RURAL LAND PLAN
  2. (#98-RLP0019): 34 & 35-04-69 - 1/4 MILE EAST OF U.S. 287 ON COUNTY

    ROAD 2E, NORTH OF THE BOULDER/LARIMER COUNTY LINE AND

    NORTH OF ISH RESERVOIR; 262 ACRES; 14 LOTS; FA-1 FARMING ZONE

    This is a request for Preliminary approval to divide 262 acres into the following: Up to fourteen single-family units (the original approval was for 13 units), including the existing farmstead, ranging in size from 3 to 7 acres each for a total of 55 acres and 207 acres of agricultural open space, protected by covenants for a minimum of 40 years, under the RLUP. Staff findings include: 1) This proposal is consistent with the policies of the Rural Land Use Process. The applicant has made reasonable attempts to resolve this issue. He wishes to avoid legal action to obtain access and to get on with his RLUP project. This request will help resolve the problem. The Rural Land Use Advisory Board/Director/Staff recommendation is for approval of the Buehler Farms Revised Preliminary Rural Land Plan. The conditions of approval in the Findings and Resolution from January 25, 1999 shall remain in place.

    M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and the Rural Land Use Advisory Board/Director/Staff recommendation and approve the Buehler Farms Revised Preliminary Rural Land Plan (#98-RLP0019).

    Motion carried 3 - 0.

  3. FLETCHER MINOR RESIDENTIAL DEVELOPMENT AND REZONING
  4. (#99-S1363): E 1/2 OF 11-05-70 - ON THE SOUTH SIDE OF STATE

    HIGHWAY 34, 1/2 MILE EAST OF COUNTY ROAD 29; 7.43 ACRES;

    2 LOTS; FA-1 FARMING & A - ACCOMMODATIONS

    This is a request to rezone a portion of the property from (Accommodations) to FA-1 (Farming) and to divide a 7.43 acre parcel into two lots being 2.3 and 5.13 acres in area; existing improvements are proposed for the larger lot. Mr. Lafferty noted that just minutes before the meeting, he was informed that the applicant did not receive a staff report by mail and he offered her the opportunity to have the meeting continued until a later date to allow her time to review the report. Ms. Fletcher stated that she has no objections to proceeding with the hearing today. Mr. Lafferty described the proposal and its location and reviewed the major concerns and issues; he noted that on September 14, 1998, the Board approved an appeal by Ms. Fletcher to proceed with a MRD application, even though the property lies outside Range 68 and 69. Mr. Lafferty noted that this application has had extensive review because of the additional information defining terrain and associated physical characteristics of the property that was required; he noted that during the referral process, the concern was raised whether there was an adequate building site on the property as well as an adequate area for septic systems. Subsequently, they requested the applicant to submit some studies to evaluate the soil characteristics of the property to determine the percolation rates and appropriateness of a septic sewer system; those studies were submitted and it was determined that the soils could handle two septic systems, but the two septic systems that would be applicable to this property would utilize basically the only portion of the property that is useable for a residential structure. Mr. Lafferty prepared and reviewed a map, explained how their analysis was done, and pointed out all the areas that would not accommodate a building site, which left a very small portion that would be buildable. Therefore, staff felt there wasn't an adequate building site on this parcel to accommodate an additional dwelling unit. Mr. Lafferty stated that it is possible that Ms. Fletcher could incorporate a larger piece in another area, but the analysis that was done on their plans, did not extend beyond the northern part of Lot 2, and there would still be concerns as to how close it is to the bank. Therefore, staff is recommending denial of the Fletcher Minor Residential Development and rezoning; he noted, however, if the applicant came back and provided some indication how the lot could be increased to offset these concerns, they would be willing to consider them.

    Staff findings are: 1) The Minor Residential Development procedures indicate that evidence must exist that lots proposed contain sites (one primary and one replacement) adequate for on-lot sewage disposal systems. Staff finds that the septic site locations proposed are not adequate for the following reasons: a) The primary and replacement sites severely constrain the buildable portions of Lot 2, leaving limited opportunity for siting of the residential unit; b) The State of Colorado Geological Survey Department states that the upper terrace, where the septic systems are proposed, are potentially unstable and historically have exhibited signs of slumping. They further note that the addition of water/wastewater or uncontrolled grading could affect the stability of the slope, and they suggest that the house and septic system should be located as far away from the terrace edge as possible. The septic system leach fields are within twenty feet of the terrace edge, and further location from the terrace edge is impossible without significantly altering the proposed lot configuration and power line locations.

    Questions from the Board and discussion followed. Mr. Ryan concurred that the applicant was asked to do some soil testing to demonstrate that a septic system can be placed on the lot; the problem is, when you look at the area for the septic system and then take out the road, power line easement, the embankment, cliff, and the flood plain, there really is not much space left. Ms. Fletcher noted that the road will be moved 18 ft. to the south and so they will pick up a little area there and she just plans to build a 1000 ft. dwelling, not a large home; she asked that this hearing be continued to a later date so they can try and resolve some of these issues.

    As there were neighbors in attendance today wishing to speak to this matter, the hearing was opened for public comment to afford them that opportunity. Timothy Fritz, who shares a common boundary with the applicant, stated that staff has reaffirmed his concerns that the useable portion of the lot is far under the 2.3 acres that the County would like to see; and, he is very concerned about the septic system because it has to be an extensively engineered septic system. Mr. Fritz continued that this stretch of highway is already terribly dangerous and in speaking with CDOT, they recommend no more accesses onto Highway 34. Also, if approved, this could set a precedent for others and this lot is in the migration path of a bighorn sheep herd. Mr. Fritz noted that the applicant has had the home on the market for two months and it looks to him like she is just trying to cash out and leave the surrounding landowners to deal with the problems.

    For the record, Commissioner Disney noted that he has had some conversation with Mr. Fritz in order to facilitate him obtaining information from Mr. Lafferty, but they did not discuss the merits of this proposal. Also, Commissioner Disney noted that in the staff report, there is a letter from CDOT stating they have no problem with access because the applicant is not asking for an additional access. Carolyn Duncan, adjacent property owner, stated her objection to this proposal because it may set a precedent. Ms. Fletcher responded that she had to put the house on the market because she lost her disability, she is physically disabled, and she can't live on $500 per month, and she needs a source of revenue.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners continue the Fletcher Minor Residential Development and Rezoning until 3 p.m. on December 6, 1999.

    Motion carried 3 - 0

  5. INDIAN CREEK MEADOWS RURAL LAND PLAN AMENDMENT

(#99-RLA0001): 02-08-68 - ONE MILE SOUTHEAST OF WELLINGTON

BETWEEN COUNTY ROAD 60 AND 62, WEST OF COUNTY ROAD 3;

547.77 ACRES; 21 LOTS; O-OPEN ZONING

This is request for approval to amend an existing condition of approval that requires installation of residential fire sprinkler systems in all homes in this development. Mr. Reidhead provided the project description and reviewed the major issues and concerns; he noted that the Rural Land Use Center staff does not support the condition being removed, based on the following: a) The original developer, Mr. Dan Nelson, agreed to this condition at the time of the project's final approval; b) There are no changed conditions in the area that would suggest that this condition should be removed; c) Purchasers/applicants were aware of this condition when lots were purchased; d) Wellington Fire District is concerned that the narrowness of the roads within the subdivision presents a safety concern for the general public, the firefighters, and fire apparatus, especially in the evening hours and winter months. If this condition was to be removed, staff would recommend that the residents of Indian Creek Meadows RLUP be required to provide a community on-site water storage facility which is operational year round with a minimum total capacity of 2,000 gallons per residence, or suitable alternative, to be approved by Wellington Fire District and the Rural Land Use Center Director. No further building permits will be issued for homes without residential sprinkler systems until the approved water storage facility is in place and operational.

Mr. Reidhead noted that in the original Findings and Resolution, dated July 9, 1996, it was specifically stated that a fire protection plan shall be developed to ensure that individual residences are adequately protected; this may include the provision of fire hydrants, with appropriate flows or the use of residential fire sprinklers. Mr. Reidhead stated that one thing that is significant is that the domestic water is provided by Northern Colorado Water District and the District does not have enough water for the 500 gallon per minute fire flows for fire hydrants, so the next choice was the residential fire sprinklers. He continued that the main concern related to removing this condition is that this development does not have adequate fire protection, nor does it have any public water with enough pressure for fire hydrants and, as of yet, does not have any water storage tanks or other adequate accessible source of water for use in the event of a major fire. Mr. Reidhead stated that a note citing this condition was placed on the plat and each individual homeowner was aware of the requirement prior to purchasing their lot. When this request came in, they sent out responses to referral agencies, and 5 responses were received from the Wellington Fire Protection District, Wildfire Safety Coordinator, Larimer County Planning Department, Larimer County Engineering, and the Army Corps of Engineers; all except for Engineering listed concerns and requirements.

Questions from the Board and discussion followed; it was noted that a number of permits have been applied for and some homes are under construction. Scott Perkins, applicant, stated that he is currently in the process of building a home and they are going through this variance process because they have been unable to get a definitive answer as to why this sprinkler system was required. Initially, he was told that they need to be within five miles of a fire department, and they are 4.5 miles from the fire department, and then they were told that they need to be within five minutes from a fire department, and they are 61/2 or 7 minutes away. Mr. Perkins stated that the first bid for their 2,500 sq. ft. house for a sprinkler system was in excess of $6,500 and that size is the smallest house that can be built in this subdivision, so homebuilders here can anticipate costs of $6,500 to $12,000 for the installation of this system. Mr. Perkins continued that they were given a number of additional reasons why a sprinkler system is needed: 1) Fire could spread from their home to adjacent property - that risk seemed very low since the properties are six to 22 acres in size; 2) Issue of public safety - he does not see how this affects the public as a whole. Mr. Perkins stated that their feeling is that there does not seem to be any straight forward information on a law or code that requires this type of system.

There was no public comment on this matter; discussion of the Board ensued regarding this variance request. Chair Olson stated that there are many public issues, but the most important one for her is that fire fighters place their lives at risk when they fight fires and the Board needs to follow the recommendation of the Wellington Fire Protection District. Commissioner Disney stated that to remove this condition would not be responsible to future homeowners of these properties.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the staff recommendation and deny the Indian Creek Meadows Rural Land Plan Amendment (#99-RLA0001).

Motion carried 3 - 0.

The hearing adjourned at 4:20 p.m.

TUESDAY, NOVEMBER 2, 1999

ADMINISTRATIVE MATTERS

(#549)

The Board of County Commissioners m et 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: Ginny Riley, Director Human Services; Anne Keire, Child Care Supervisor; Doreen Scott, Manager Division of Self Sufficiency; Donna Hart, Commissioners' Office 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 OCTOBER 25, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of October 25, 1999, as submitted.

Motion carried 2 - 0; Commissioner Rennels abstained from voting as she was out of town last week and did not attend the meetings.

3. APPROVAL OF SCHEDULE FOR WEEK OF NOVEMBER 8, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of November 8, 1999, as submitted and revised.

Motion carried 3 - 0.

  • Invitations: Ms. Hart reviewed the pending invitations with the Board.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for November 2, 1999:

ACTION ITEMS: Appointment of the following persons to the Core Services/Placement Alternatives Commissions, with terms effective November 2, 1999 to June 30, 2002: Donna Benson, Robin Carrier, Craig McFadden, Marilyn McIntyre, and Teri Schoonveld.

MISCELLANEOUS DOCUMENTS: Final Plat for Overland Minor Residential Development and Final Plat for Fox Acres Amended Master Plan. LIQUOR LICENSES: County approval for renewal of liquor license was granted to Summit Restaurant - 6% - Loveland, CO. and Windjammer Liquors - 6% - Loveland, CO.

PETITIONS FOR ABATEMENT OR REFUND OF TAXES, as recommended by the County Assessor Stephen Miller, were approved for the following: Albert & Teresa Huck, David R. Pulliam Trust/Industry Consulting Group; Kathy & Marshall Flug; Christopher & Sheryl Sheafor; Leland & Patricia; Thunderbird Sprinkler; Eye in the Sky Productions; and Connie Health Care Services.

A99-189 AGREEMENT FOR TESTING & INSPECTION FOR THE

DETENTION CENTER COMPLEX SHERIFF ADMINISTRATION

BUILDING BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND CTL/THOMPSON, INC.

C99-69 SECOND AMENDMENT TO CONTRACT FOR REMOVING SNOW

FROM THE STREETS OF NAMAQUA HILLS GENERAL

IMPROVEMENT DISTRICT NO. 8 BETWEEN NAMAQUA HILLS

GENERAL IMPROVEMENT DISTRICT NO. 8 AND BELMIRE

SPRINKLER AND LANDSCAPING, INC. OF LOVELAND, CO.

R99-153s FINDINGS AND RESOLUTION APPROVING CAMPION COURT

STREET NAME REQUEST

Motion carried 3 - 0.

5. WAIVER OF PERSONNEL POLICY: Mr. Lancaster stated that a request has been received for the Board to approve a waiver of the Larimer County Personnel Policy Manual to restore forfeited vacation leave for Mark Pugh, Information Management Senior Applications Programmer/Analyst. Mr. Pugh has been the Project Manager for the last 11/2 years developing a new system for the Treasurer and, due to the critical nature of completing this project before the year 2000, has had to forfeit 144 hours of vacation leave.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the request to waive the provisions of the Larimer County Personnel Policy concerning forfeiture of vacation leave to allow restoration of 144 hours of vacation leave to Mark Pugh's vacation leave account.

Motion carried 3 - 0.

6. CHILD CARE ASSISTANCE PROGRAM: Ms. Riley requested Board approval to increase provider reimbursement rates for the Child Care Assistance Program by 5% on January 1, 2000; she noted that they have built the 5% increase in their budget for the year 2000 and it will be financed through the Child Care Assistance allocation from the State. Ms. Keire stated that the last rate increase for this Program was April 1998 and they have now fallen below market rate; she noted that the providers are in favor of this increase, including the Early Childhood Council. Ms. Keire submitted a rate grid sheet showing their current rates and the proposed rates, as well as the State market rates and Weld and Boulder County rates for comparison; she noted that this rate increase, if approved, will bring them very close to the market rate.

 

 

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the request for a 5% increase in the provider reimbursement rate for the Child Care Assistance Program.

Motion carried 3 - 0.

7. WORKSESSION:

-- Mr. Lancaster stated that the Parks Department would like to hold a silent auction in February to raise money for their volunteer programs and they asked for the Board's permission to do so; the Board concurred with the request.

-- Mr. Lancaster reminded the Board that on October 26, 1999, the Board approved extension of the terms for Fair Board members for an additional six months from December 1, 1999 until May 31, 2000. He noted that the Fair Board is concerned that if they don't privatize before next Fall, there would be a lot of new members on the Board six weeks before the Fair; therefore, they are requesting that the extension of terms be for nine months instead of six months to get them through the Fair next year.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners amend the motion made on October 26, 1999 to extend the terms for nine months instead of six for the following Fair Board members, Judy Barth, Loren Maxey, Randal Stephens, and Everett VanCampen, with waiver of term limit for Phil Hein, effective December 1, 1999 through August 31, 2000.

Motion carried 3 - 0.

8. COMMISSIONER REPORTS: There were no Commissioner reports today.

At this time, County Attorney George Hass and Assistant County Attorney Bryan Treu joined the meeting for Legal Matters.

9. LEGAL MATTERS:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:05 a.m. to discuss contract negotiations.

Motion carried 3 - 0.

The Executive Session ended at 10:25 a.m.; no action taken.

DISCUSSION REGARDING OPEN LANDS ACQUISITIONS

The Board of County Commissioners met at 2:30 p.m. for a discussion session with K-Lynn Cameron, Open Lands Manager, and Greg Pickett, Director of Parks and Open Lands. Chair Olson presided and Commissioners Disney and Rennels were present.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 3:19 p.m. to discuss land negotiations.

Motion carried 3 - 0.

The Executive Session ended at 3:50 p.m.; no action taken.

EXECUTIVE SESSION FOR PERSONNEL MATTER

At this time, County Manager Frank Lancaster and Assistant County Manager Neil Gluckman met with the Commissioners for an Executive Session.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 3:55 p.m. to discuss a personnel matter.

Motion carried 3 - 0.

The Executive Session ended at 5:15 p.m.; no action taken.

WEDNESDAY, NOVEMBER 3, 1999

JOINT PUBLIC HEARING WITH THE ESTES PARK BOARD OF TRUSTEES

REGARDING THE PROPOSED ESTES VALLEY LAND USE CODE

(The Minutes for this hearing will be posted separately when completed and will be entitled Estes Valley Land Use Code).

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_______________________________

Sherry E. Graves, Deputy County Clerk

 

 

 

 

 

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.