PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, November 22, 1999

LAND-USE PLANNING HEARING

(#556)

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: Al Kadera, Matt Lafferty and Sean Wheeler; Planners II; Russell Legg, Chief Planner; Rusty McDaniel, Project Engineer; Sylvester Mabry, Civil Engineer; Doug Ryan, Environmental Health Planner; Michele Yeager, Administrative Services Assistant in Planning; Brenda Gimeson, Rural Land Use Center Technician; Deni LaRue, Community Information Manager; 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. Lafferty requested that the Coeur D'Alene Estates Planned Unit Development be moved to the consent agenda.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Coeur D'Alene Estates Planned Unit Development item being moved to the consent agenda.

Motion carried 3 - 0.

  1. AMENDED PLAT OF A PREVIOUSLY AMENDED PLAT OF LOTS 4 & 6
  2. NEWELLS LAKE VIEW SUBDIVISION (#99-S1494): 31-05-70, NORTH

    OFF CR 18E, NE OF RATTLESNAKE PARK AT INTERSECTION OF

    SYLVIA COURT AND GREENWOOD DRIVE; 1.75 ACRES; 2 LOTS;

    O-OPEN ZONING

    This is a request for an amended plat to adjust a boundary line between Lots 4 and 6 within the Newells Lake View Subdivision; this is the second amended plat for these lots. Said adjustment of the boundary line will result in two lots being approximately 1.1 acres and .65 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; 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 4 and 6 of a previously amended plat of Lots 4, 5, and 6 of the Newells Lake View Subdivision.

  3. MEYER FARMS MINOR RESIDENTIAL DEVELOPMENT (#99-S1469):
  4. SE 1/4 - 16-09-68 - 2 MILES NORTH OF THE TOWN OF WELLINGTON,

    AT THE INTERSECTION OF COUNTY ROADS 68 AND 7; 20 ACRES;

    2 LOTS; O-OPEN ZONING

    This is a request for a Minor Residential Development to divide 20 acres into two, 10-acre lots for single family residential uses. Staff findings are: 1) The proposed Meyer Farms Minor Residential Development is consistent with the Larimer County Comprehensive Plan; 2) The proposal is harmonious with the surrounding area as required by the Master Plan; 3) The proposal is supported by various review agencies, including those noted above.

    The staff recommendation is for approval of the Meyer Farms Minor Residential Development, with the following conditions: 1) Larimer County shall not maintain the two access drives for the Meyer Farms MRD; 2) Plat Notes: The following notes shall be included on the Final Plat: a) There is a potential for nuisance conflicts from wildlife such as skunks, raccoons and snakes. Lot owners should be prepared to address wildlife conflicts if they arise; b) Prairie dog colonies may exist in the area of this property and may migrate to this property. Prairie dogs have been known to carry plague. Larimer County does not perform prairie dog control; c) 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; d) There may be existing agricultural activities in this area that produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses on nearby properties; e) Passive radon mitigation measures must be included in construction of residential structures on all 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 Division. 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; f) Engineered footing and foundation plans are required for all construction on these lots; g) Underground utilities are required.

  5. LAKE CANAL SUBDIVISION/PLANNED UNIT DEVELOPMENT
  6. (#97-SU1002): SE 1/4 OF 08-07-68 - ON THE NORTH SIDE OF THE

    NORTHERN FRONTAGE ROAD FOR HIGHWAY 14, 1/3 MILE EAST OF

    SUMMIT VIEW DRIVE; 13.03 ACRES; 9 LOTS; C-COMMERCIAL ZONING

    This is a request for Preliminary Phase Plan to divide 13.03 acres into 9 lots with .84 acres of open space for a commercial development. The staff findings include: 1) The proposal is in compliance with the Larimer County Comprehensive Zoning Resolution, the Larimer County Master Plan, the Intergovernmental Agreement with Fort Collins, and the Planned Unit Development Resolution; 2) The proposal will create less density than in existing surrounding areas; 3) There are adequate public facilities to serve this proposal which will not have a negative impact on roads or the provision of other public services; 4) County Engineering, County Health, and other agencies have reviewed this proposal and have stated no objections to it if certain conditions are met; 5) This proposal will not have a negative effect on the public health, safety, or welfare.

    The Urban Growth Area Review Board/Staff recommendation is for approval of the Preliminary Plat of the Lake Canal Subdivision, with the following conditions: 1) An emergency access connecting the Lake Canal Subdivision to the Timberline Industrial Park shall be required. Said emergency access shall be approved and constructed to the following specifications before any building permits are issued for the new lots in the Lake Canal Subdivision: a) The emergency access road shall be located in a 25-foot wide emergency access easement; b) The emergency access road shall be a minimum of 20 feet in width; c) The emergency access road shall be constructed of an all-weather (asphalt or concrete) surface; d) The emergency road shall be short, straight and flat (any curves or bends in the road shall meet minimum turning radius for fire apparatuses utilized by the Poudre Fire Authority); e) The emergency access easement shall not be encumbered by any obstructions, including gates, bollards or other similar traffic control devices; f) The emergency access road shall be easily identifiable by signage or painting; g) The emergency access road shall be subject to an appropriate maintenance agreement prepared by the owners of the Timberline Industrial Park PUD and Lake Canal PUD developments, and shall be legally binding and enforceable to ensure the continual quality of the road (also shall be addressed in the lot owners covenants); h) The emergency access road shall be reviewed, approved and constructed to the satisfaction of the Poudre Fire Authority, the Larimer County Engineering Department, and the City of Fort Collins, before any building permits are issued for individual lots within the Lake Canal Subdivision; and i) No building permits will be issued within the Lake Canal Subdivision until the emergency access is fully constructed and approved; 2) The final design shall be based on the County's urban street design standards, which include curb and gutter for all streets. Road width and all other construction details for the internal roads shall meet County Standards and be approved by Engineering. Final construction documents shall incorporate additional design criteria, as recommended by the Engineering Department; 3) Transportation Capital Expansion Fees will be collected for lots within this development. The fee collected will be that fee which is in place at the time of building permit application. At the Board of County Commissioners discretion, the Transportation Capital Expansion Fees collected may utilize the fees for safety improvements for Highway 14; 4) The final plat submittal shall comply with all the requirements of the Larimer County/City of Fort Collins Intergovernmental Agreement for the UGA; 5) The developer shall submit, as part of the final plat application, a fugitive dust control plan consistent with State regulations. Said plan shall be submitted to the Colorado Department of Health and Environment if the development will create more than a 25-acre contiguous disturbance or exceed six months in duration; 6) A Stormwater Management Permit may be required from the Colorado Department of Health and Environment, Water Quality Control Division. Application shall be made by the developer directly to this state agency with a copy included with the final plat application materials or a letter from the State indicating that the Permit is not required; 7) Submittal of a water quality management plan shall be required. The plan should identify potential sources of water pollution (including sediment and chemical sources), describe potential best management practices for minimizing those pollutants, and propose a plan for implementation of selected strategies. Examples of potential best management practices include: Minimization of directly connected impervious areas, grass lined swales for stormwater conveyance, constructed wetlands for water quality treatment, landscaping and vegetative practices, use of vegetated buffers and setbacks from sensitive areas, limits on impervious surface, performance standards for outside storage, and maintenance and housekeeping procedures. In the case of this development, it would be reasonable to develop a water quality master plan that addresses development-wide issues, and provides for standards that individual lot developers would need to meet. Implementation of the plan could be through a combination of development design, installation of improvements during initial development, and oversight of lot-specific standards through association covenants; 8) Water and sewer service commitments from the providers shall be included with the final plat; 9) Fire hydrants are required with a maximum spacing of 600 feet with required flows of 1000 gallons per minute and residual pressure of 20 p.s.i. No building may be located more than 300 feet from a fire hydrant; 10) Address numerals shall be visible from the street fronting the property through the use of 6-inch numerals on a contrasting background. This requirement shall be specified in the covenants for the project and enforced by the Home Owners' Association; 11) Utility plans shall be submitted to the applicable utilities for review and approval. These plans shall be prepared by an engineer registered in the State of Colorado and constructed in the conformance with the City of Fort Collins specifications; 12) The developer shall convey to the New Cache La Poudre Irrigation Company an access ditch maintenance easement along the Lake Canal Ditch. The applicant shall also enter into an agreement with the New Cache La Poudre Irrigation Company if there is to be outflow from the site into the Lake Canal Ditch; 13) The developer shall convey an access, ditch maintenance and utility easement along the southern side of the Lake Canal Ditch, which easement is sufficiently sized to encompass the existing ditch road; 14) All concerns of the County Engineering Department regarding drainage shall be addressed with the Final Drainage Plan, Erosion Control Plan, and Grading Plan. A system to collect and dispose of this groundwater shall be developed for the site and included with the final drainage plan; 15) Individually calculated Drainage Basin fees will be collected for each lot at the time a building permit is issued; 16) Developer shall sign a binding Annexation Agreement guaranteeing future annexation of the property into Fort Collins before the final plat is recorded; 17) A final landscape plan shall be submitted with the final plat showing the landscaping for the entry area and all open areas. Special attention shall be given to providing some buffering along the project boundary that is adjacent to the Roselawn Cemetery; 18) Standard plat notes will be required on the final plat. Larimer County Planning will provide the language for these notes; 19) Utility plans shall be submitted to the appropriate utility districts for review and approval. An engineer registered in the State of Colorado shall prepare these plans; 20) The applicant shall provide documentation approving access on the Ditch Maintenance Road to Lot 9. Said approvals shall be from the Ditch Company and CDOT; 21) Should the applicant obtain approval for access to Lot 9, only dry storage will be allowed until such a time that a formal access is acquired. If such an approval is not obtained, the lot shall become an outlot as originally proposed; 22) Access to Lot 9 shall be constructed to meet the standard engineering requirements of the County and shall be approved by both the Engineering Department and Poudre Valley Fire Authority; 23) The applicant shall create a continuous access easement through Tract B; 24) The applicant shall illustrate on the final plat a 33' (half) right-of-way reservation along the northern boundary of the project site.

  7. COUNTRY MEADOWS RELEASE OF WARRANTY COLLATERAL,

FILINGS 1-3 (#95-MS0763): 22-06-68 - SOUTHWEST CORNER OF

COUNTY ROAD 5 AND STATE HIGHWAY 392

This is a request for release of warranty collateral. Staff findings are: 1) Improvements in all three filings of Country Meadows have been inspected and approved; 2) The warranty period for roads, drainage and landscaping improvements has expired; 3) The County is holding $19,612 in the escrow account; 4) The dispute between the developer and the homeowners association has been resolved by written agreement. The staff recommendation is for approval of the release of warranty collateral for Country Meadows Filings 1-3 in the amount of $19,612.

5. COEUR D'ALENE ESTATES PLANNED UNIT DEVELOPMENT

(#99-S1398): SW 1/4 19-06-68 - ON THE NORTH SIDE OF COUNTY ROAD 30

AND ON THE EAST SIDE OF COUNTY ROAD 13; 82 ACRES; 26 LOTS;

FA-1 FARMING ZONING

This is a request for Preliminary PUD approval of Coeur d'Alene Estates PUD to divide 82 acres into 26 single family residential lots with approximately 37 acres of open space. Staff findings include: 1) The proposed Coeur d'Alene preliminary plat with the staff conditions complies with the Larimer County Master Plan, Zoning Resolution, and the PUD Resolution. The application has satisfactorily addressed the criteria for evaluation of subdivision; 2) The proposal is consistent with the recommendations of the referral departments and agency reviews and comments; 3) If constructed as stated in the application materials, and in compliance with County regulations and conditions of approval, the proposed use should not result in negative impacts on area properties, provision of services, access and traffic, or the natural environment; 4) If constructed as stated in the application materials, and in compliance with County regulations and conditions of approval, the proposed use complies with the technical requirements of the County.

The Planning Commission/Staff recommendation is for approval of the Coeur d'Alene Estates PUD, subject to the following conditions: 1) The plat of the subdivision is to be completed in strict conformance to the PUD and Subdivision Resolution for Larimer County; 2) The final plat for Coeur d'Alene shall be completed in strict compliance with the conditionally approved PUD preliminary plat; 3) The applicant shall dedicate on the final plat sufficient right-of-way for County Road 30 and County Road 13. The half right-of-way required is 50 feet; 4) Larimer County Transportation Capital Expansion Fees will be collected at the time of building permit for each new residential structure in this development. Said fee collected shall be the fee in effect at the time of building permit application; 5) Cash In-lieu of Park Fees will be collected at the time of building permit for all new residential structures in this development. Said fee collected shall be the fee in effect at the time of building permit application; 6) Cash In-lieu of School Fees for the Thompson R2-J School District will be collected at the time of building permit for new residential structures in this development. Said fee collected shall be the fee in effect at the time of building permit application; 7) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test 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 with 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; 8) Engineered footings and foundations shall be required for all residential construction in Coeur d'Alene. Perimeter drains shall be included in the foundation design; 9) All easements requested by this action, or by the utility companies serving this site, shall be illustrated on the final plat; 10) The internal roads for the subdivision shall be constructed to the specifications of the Larimer County Engineering Department requirements for such roads; 11) All utilities must be installed underground; 12) Final drainage plans shall be submitted with the Final Plat application for Engineering Department review and approval; 13) A final Erosion Control Plan shall be submitted with the final plat application for Engineering Department review and approval; 14) Construction plans shall be subject to the review and approval of the County Engineer, South Fort Collins Sanitation District, Fort Collins-Loveland Water District and the Loveland Fire Protection Bureau; 15) The applicant shall comply with all the requirements of the Loveland Fire Protection Bureau, which requirements are stated in a letter from the Loveland Fire Protection Bureau, dated November 12, 1998, and signed by Fire Inspector Marty Ballinger, and included in today's staff report; 16) With the exception of Lot 1, no horses will be allowed in this development; 17) A reserved right-of-way shall be included on the final plat between Lots 9 and 10 or 8 and 9. Said reserved right-of-way shall extend across the open space to the eastern boundary of the project; 18) The project shall be subject to use covenants as disclosed part of the TDU's for the project; 19) The applicant shall construct all improvements agreed to as part of the TDU's granted for the project; 20) Before final plat approval for the project, the applicant shall demonstrate that the wildlife habitat areas will not cause a rise in the ground water levels on the adjacent properties to the east; 21) The following notes shall be on the final plat: a) Mosquitoes may be a nuisance on this property. Larimer County is not responsible for mosquito abatement and any landowner initiated abatement activities must meet all Federal, State and local rules and regulations; b) Prairie dog colonies exist in the area and may migrate to this property. Prairie dogs have been known to carry plague. Larimer County does not perform prairie dog control; c) There are existing agricultural activities in this area that may produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses of nearby properties; d) There is the potential for wildlife interaction or property damage in this area. Property owners should take appropriate measures to protect property. Neither Larimer County nor the State Division of Wildlife is responsible for damage or control of wildlife; e) This development is the subject of a Subdivision Improvements Agreement that has been recorded in the office of the County Clerk and Recorder and is also on file in the Larimer County Planning Office. There are also recorded covenants associated with this plat; f) Hunting occurs in this area from September through January. Hunting is allowed within 150' of private property. The Division of Wildlife will not take action to stop legal hunting in this area; g) All driveways over 100' long must be 15' wide and capable of supporting fire apparatus for the length of the driveway; 22) The applicant shall demonstrate prudent avoidance of power line hazards.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Urban Growth Area Review Board/Staff recommendations and approve the Amended Plat of a previously Amended Plat of Lots 4 and 6 in the Newells Lake View Subdivision (#99-S1494); Meyer Farms Minor Residential Development (#99-S1469); Lake Canal Subdivision/Planned Unit Development (#97-SU1002); Country Meadows Filings 1-3 Release of Warranty Collateral (#95-MS0763); and the Coeur d'Alene Estates Planned Unit Development (#99-S1398); each, with the conditions as outlined.

Motion carried 3 - 0.

6. CONTINUATION OF THE PUBLIC HEARING ON THE PROPOSED

LARIMER COUNTY LAND USE CODE:

Chair Olson recognized Mark Korb, Planning Commission Chairman; Mr. Korb introduced other members of the Planning Commission in the audience today, who also were a part of the original Steering Committee for the Land Use Code: Len Roark, Pete, Salg, and George Wallace.

Commissioner Rennels stated she has a lot of admiration for the Planning Commission and the people who have worked for so long on this Land Use Code, and she noted that remarkable strides have been made in this document in regard to protecting our environment and the things in Larimer County that are valuable to us; however, she still has a few concerns regarding agriculture and the budget for the new Code. She stated that she thinks the agriculture part is going to have some unintended consequences and the concern is the 80/20 and the 50/50 division of land, even though there are many options to this. She continued that the monitoring process that we have is not precise and we need to have a change process, and we require the 50 to 80% and yet we have said we want nothing to do with the management plans, and she thinks there needs to be the ability to use residual lands for the public because there are going to be pieces of land in Larimer County that a public use would be a better use.

Commissioner Disney stated that this is a historic day and he reflected on where they have come since the beginning; he stated that we currently have a very dysfunctional code that no one likes. He noted, however, he does have a concern about the monitoring process and we need to take a long look at it and how we might make it more effective and improve it; he stated that the proposed Code still needs work, but it is a good foundation on which to build.

Chair Olson stated that the proposed Land Use Code is a much better document than the one we had a year ago and she thanked everyone who has worked so hard on this during the last year for the monumental changes that have been made. She noted that the original goal was to have a Master Plan and Land Use Code in sync and that goal has been achieved with this Code.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners postpone the vote on the proposed Land Use Code to give the agriculture community an opportunity to have a few more sessions to work on their concerns.

Motion failed 1 - 2; Chair Olson and Commissioner Disney dissenting.

Mr. Kadera stated that there are two minor changes they need to make that were not discussed during the Board's public hearing process: 1) In Section 4.1 there is a use called electric substation and it needs to be changed to utility substation; 2) In Section 4.3 they have a new use description which includes gas, electric and telephone and this will also change the definition in the Definition Section of the Code. With regard to a reference in Section 9 (Impact Fees) in which it discusses the Benefit Districts for the County Impact Fees, they had intended to get an electronic version of that exhibit (map of the Benefit Districts) from the consultant, but they have not received that yet and if they get ready to print the Code, they need to be able to either leave it as is and include the map or figure out a different way to reference that information and they would like to have the discretion to figure out how best to make that reference.

Chair Olson stated for the record that the Board had a request from the Animal Task Force to provide some clarifying language to the resolution and she noted that language will be included in the final draft of the resolution.

M O T I O N

Commissioner Disney moved that the Larimer County Land Use Code and the Larimer County Road Standards Manual be adopted with the following modifications: 1) Section 4.1 - Change electric substation to utility substation; 2) Section 4.3 - Change use description and definition to include gas, electric and telephone: 3) In Section 9 allow the discretion to reference the digital map for Benefit Districts for Impact Fees; and that the Land Use Code, as modified, and the Road Standards Manual be effective January 1, 2000; and further move that the County Attorney be directed to prepare and present for execution by the Chair, a written resolution adopting the Land Use Code and Road Standards Manual and repealing the existing County land use regulations and resolutions which are superceded by the Code and Manual.

Motion carried 2 - 1; Commissioner Rennels dissenting.

7. KELLY FARMS SUBDIVISION PRELIMINARY PLAT (#99-S1403):

SE 1/4 11-7N-68W - NORTHWEST CORNER OF THE INTERSECTION

OF COUNTY ROAD 3 AND STATE HIGHWAY 14, NORTH OF FORT

COLLINS & 2 MILES EAST OF I-25; 58.27 ACRES; 8 LOTS;

FA-1 FARMING ZONING

This is a request for Preliminary Plat to divide 58 acres into 8 lots for single family residential use. Mr. Wheeler described the project and its location and reviewed the major issues and concerns; he noted that the submitted plan shows a single, main entry road into the site with a secondary emergency access road, which will be improved, but protected by a locked gate to prevent regular vehicular use. Mr. Wheeler stated that no significant objections were received from any of the referral agencies; some of the neighborhood concerns were with regard to the level of traffic on CR 3 and impacts to the subdivision directly to the east. Mr. Wheeler noted that the Planning Commission supported the recommendation from the Engineering Department regarding full improvement to County Road 3 and a condition was added requiring same. Staff findings include: 1) The proposed Kelly Farms Subdivision is consistent with the Larimer County Comprehensive Plan; 2) The proposal is harmonious with the surrounding neighborhood as required by the Master Plan; 3) The proposal is supported by various review agencies, including Larimer County Engineering, Health and Planning Departments. The Planning Commission/Staff recommendation is for approval of the Kelly Farms Subdivision Preliminary Phase Plan, with a number of conditions, which will be outlined in detail, if proposal is approved, on December 20, 1999.

Bob Heath, applicant and owner, expressed concern about the amount of paving they are being requested to do for these eight homes; he noted that originally the Planning Department suggested they were going to have to do some work on CR 3 and they had no objection to that. Subsequently, at the Planning Commission hearing, Engineering recommended that the entire 1/4 mile (1200 ft.) of CR 3 be paved and a condition requiring same was added. Mr. Heath requested the Board approve his proposal with a rerouting of the main access road between Lots 2 and 3 and entering CR 3 approximately 250 ft. north of Highway 14 and they will pave that portion of CR 3. Mr. Heath stated that it is unfair to ask them to pave the whole thing since there are other adjacent subdivisions that will be using the road and yet not contributing anything to the cost; he noted that he wants to do what is right, but he would like some compromise to come to a fair decision. Mr. McDanial stated that Engineering did recommend that the full frontage road be paved because of adequate public facilities and he thinks the traffic numbers are high enough to require paving, and so they recommend that regardless of where the access is, that the full frontage road be paved. Mr. Wheeler stated that if they decide to reconfigure the access road, Lot 1 will still be required to access internally and so the lot configuration is going to have to be changed; Mr. Heath concurred.

At this time the hearing was opened for public comment; Steve Daly, homeowner in Ridgewood Subdivision directly east of the proposed subdivision, stated that he is very concerned about the negative impact this subdivision would have on their lives because the proposed access is directly across from their property and the noise would be unbearable and the car lights would shine into their master bedroom window. Mr. Daly stated that presently the traffic on CR 3 is heavy and he suggested that the access be onto Highway 14 with emergency and turning lanes or the only fair place on CR 3 would be to align the access with the Ridgewood Meadows west access entrance; he prefers the alternate access suggested by Mr. Heath.

Mr. Heath noted that the County presently maintains CR 3 and he suggested that if the County will engineer the road, put the road base down and grade it, then he will pay for paving the entire 1/4 mile, but to be asked to design and pay for paving a 1/4 mile of road is a horrendous expense. Questions from the Board and discussion followed; Mr. Wheeler stated that with regard to the suggestion that the access road come out on Highway 14, in the referral comments from the State Division of Highways, they prefer to see that access as a gated emergency access only. Mr. Ryan commented that the soils and the way the lots are laid out to accommodate drainage all look really well for on-site sewage systems.

Board discussion followed; Commissioner Rennels stated that she has a problem with assuming that the 400 traffic count has been achieved and require paving and their offer to pave the whole road if the County prepares the road should be explored. Commissioner Disney stated that the County will get out on a very slippery precedent slope if we approve the proposed alternate access route and the Board needs to consider the fairness issue to other citizens that have paved for improvements and those that will have to pave for improvements in the future. Chair Olson stated that she would like to see a compromise in order to have the full frontage road paved.

M O T I O N

Commissioner Rennels moved that this hearing for Kelly Farms Subdivision Preliminary Plat be continued until 3 p.m. on December 20, 1999 to allow time to discuss the applicant's offer with the Road and Bridge Department regarding entering into a partnership for paving 1/4 mile of County Road 3.

Motion carried 3 - 0.

  1. DEVELOPMENT REVIEW FEES (#99-G0006):
  2. Mr. Legg stated staff is recommending approval of new development review fees for the new Land Use Code that was just adopted and noted that they are revising the fees in the process of their normal budget cycle. Mr. Legg reminded the Board that last April, they made a recommendation to raise the fees significantly based on a cost recovery system for Larimer County and he noted that the new fees are not the result of the Code. Staff findings are: 1) After study and discussion, Larimer County's policy shall be to recover 50% of the indirect and direct costs of all County departments involved in the development review process; 2) The cost of County review is and shall partially be subsidized by the general fund, but that it is the policy of Larimer County that a fair proportion of the actual costs of development review is to be borne by the beneficiary of the process, the applicant; 3) While 50% recovery is the target goal of the cost recovery system, individual types of applications may have fees established that are less than or greater than 50% of the target, if the public/private benefit ration of the action is established to be greater or less than the target. For instance, a rezoning application may benefit 80% to the applicant who receives the benefit of new uses and densities and 20% to the public which establishes the new zoning by Board action. Amended plats are deemed to benefit the public 80% by keeping land records current and correct and may benefit the applicant 20%.

    M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve the fee increase as shown on Attachment 1, effective January 1, 2000, approve the new activity fees as shown on Attachment 1, effective January 1, 2000, approve the cost recovery system as outlined in the memo from Russell Legg, dated November 15, 1999 and listed in today's staff report on Page 62, and approve the change to the previous cost recovery policy by removing the annual adjustment based on the Bureau of Labor Statistics Cost Index of the West and replace it with an annual adjustment based on actual labor costs identified in the County annual budget cycle and approval system.

    Motion carried 3 - 0.

  3. LARIMER COUNTY PLANNING DEPARTMENT SUBMITTAL

REQUIREMENTS:

The request before the Board today is for approval of the proposed submittal requirements. Mr. Timm noted that with any land use code, a list of submittal requirements is needed so when anyone wants to submit an application for any type of process, the submittal requirements spell out what kinds of information and requirements are needed so the County has the information they need to make a decision. Therefore, with the new Land Use Code being effective January 1, 2000, they also need to have a whole new set of submittal requirements to go along with the Code and during the last several months, Planning and Engineering Staff and the Health Department have been working together to develop new submittal requirements to go with the new Land Use Code. Mr. Timm stated that these submittal requirements are more thorough, specific and descriptive than our current submittal requirements, thereby reducing uncertainty, questions and guesswork on behalf of the applicant and staff; however, he noted that as they work with these submittal requirements, modifications will be made and those will be brought back to the Board for discussion and approval. Mr. Timm informed the Board that they are still working on the submittal requirements for Location and Extent.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Larimer County Planning Department Submittal Requirements, to be effective January 1, 2000; these submittal requirements are outlined in detail in the Technical Supplement to the Land Use Code.

Motion carried 3 - 0.

The hearing adjourned at 4:35 p.m.

TUESDAY, NOVEMBER 22, 1999

ADMINISTRATIVE MATTERS

(#555 @ 800 & #554 @ 600)

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: Rex Burns, Project Engineer; Mark Peterson, County Engineer; Ralph Jacobs, Director Human Resources; Sonja Stephens, Facilities Staff Services Manager; Patsi Maroney, Compensation & Benefits Specialist; Randy Ratliff, Director Mental Health; Donna Hart, Commissioners' Office Administrative Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Bob Coats expressed his concerns regarding the alignment and reconstruction of Bothun Road in the Montview Road Improvement District; he stated he has lost confidence in the contracting phase, the design phase, and the construction management phase and in the ability of the Engineering Department to complete the road work now under construction in a satisfactory manner. Mr. Coats drew a diagram of the proposed road improvements in relation to his house showing a contrived "S" curve; he showed a video and submitted a letter he wrote to Engineering outlining his concerns in detail. Mr. Coats requested that the center line of the road stay the same as it is now so his property line is not radically disturbed because he wants the value of his property protected.

Mr. Burns presented a diagram of the proposed road improvements showing the relationship of the property to the center line of the road and noted that the diagram shows the road being constructed in the center of the right-of-way; however, he noted that after hearing of Mr. Coats' concerns, he has instructed the contractor to re-stake the project approximately 3 ft. to the west away from Mr. Coats property. Mr. Burns stated that there will be no "S" curve in the road and he noted that the drainage system, as required by various regulations, requires a fairly deep ditch in front of Mr. Coats property. It was noted that Mr. Coats' bushes and fence are both in the right-of-way by 5 feet. Mr. Peterson submitted a copy of the letter he wrote to Mr. Coats after his visit to the site responding to his concerns; he noted that the existing roadway is about 10 feet west of the center of the right-of-way, the road is fairly narrow as it curves by Mr. Coats house, and the new design of the road is now in the center of the right-of-way. Mr. Peterson also noted that the road that was there before was 15 ft. and the new road is 22 ft. with shoulders and roadside ditches and the proposed configuration is just placing the road where it should have been all along; he noted they have to put in the ditches for drainage to protect the road. With regard to Mr. Coats concern about the lack of a culvert crossing to allow him to continue to access the rear of his property through existing gates, Mr. Peterson stated that a culvert crossing will be installed at this location. Mr. Coats stated the road as it currently exists makes sense and the proposed configuration is illogical; he also asked about the width of the streets in the cul-de-sacs. Mr. Burns stated that they did increase the radius of most of the cul-de-sacs to 35 ft., per new development standards.

2. APPROVAL OF MINUTES FOR WEEK OF NOVEMBER 15, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the week of November 115, 1999, as submitted.

Motion carried 2 - 0; Commissioner Disney abstained from voting since he did not attend the meetings last week.

3. APPROVAL OF SCHEDULES FOR WEEKS OF NOVEMBER 29 AND DECEMBER 6, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedules for the weeks of November 29 and December 6, 1999, as submitted and revised.

Motion carried 3 - 0.

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 for Document Review on November 23, 1999:

ACTION ITEM: Appointment of William T. Stout to the Core Services/Placement Alternatives Commission, effective November 23, 1999 through June 30, 2000.

MISCELLANEOUS DOCUMENTS: Final Plat for Ptarmigan PUD 4th Filing and Final Plat for Stanton Bridge PUD.

LIQUOR LICENSES: County approval for renewal of liquor licenses was granted to Red Feather Café & Bar - 6% - Red Feather Lakes, CO.; Sundeck Restaurant - 6% - Estes Park, CO.; and CHANGE OF OWNERSHIP for Windjammer Roadhouse, LLC - 6% - Loveland, CO. Licenses were issued to: Summit Restaurant - 6% - Loveland, CO.; Windjammer Liquors - 6% - Loveland, CO.; Young's Liquor - 6% - Fort Collins, CO.; Fort Collins Moose Lodge #275 - 6% - Fort Collins, CO.; and Red Feather Liquors - 6% - Red Feather Lakes, CO.

A99-197 WARRANTY COLLATERAL AGREEMENT RELATING TO THE

SUBDIVISION AND DEVELOPMENT OF GRAYHAWK KNOLLS

PUD BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

FRANK H. WALSH

A99-198 DEVELOPMENT AGREEMENT RELATING TO DEVELOPER'S

OBLIGATIONS IN PTARMIGAN SUBDIVISION - FILING 4

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

TRI-TREND, INC.

A99-199 SUBDIVISION IMPROVEMENTS AGREEMENT RELATING TO

DEVELOPER'S OBLIGATIONS IN STANTON BRIDGE PUD

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

HARTFORD HOMES, INC.

C99-71 SUPPLEMENTAL CONSULTANT CONTRACT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND RANGE

ENGINEERING, INC. (Extend Scope of Work to Include Inspection

Of 107 Culverts)

R99-167s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

GRAYHAWK KNOLLS PUD

R99-168s FINDINGS AND RESOLUTION APPROVING THE HIRSCH

MINOR RESIDENTIAL DEVELOPMENT APPEAL

R99-169s FINDINGS AND RESOLUTION APPROVING AN AMENDED

PLAT AND VACATION OF UTILITY EASEMENT IN

GLACIER VIEW MEADOWS 4TH, LOTS 52 & 53

R99-170s FINDINGS AND RESOLUTION APPROVING AN AMENDED

PLAT AND VACATION OF UTILITY EASEMENT IN CRYSTAL

LAKES 4TH FILING, LOTS 30 & 37

Motion carried 3 - 0.

5. WAIVER OF POLICY FOR VACATION REDUCTION: Mr. Jacobs stated he received a request from Joe Ferrando, Director Community Corrections, for Carla Turner to be granted an extension on her vacation accrual, which will exceed the limit by 34 hours as of December 1, 1999; he noted that Ms. Turner is working on several projects related to the DHS-YSB merger, which are due in the next several weeks, and she is also covering Brian Erickson's co-management duties due to his recent resignation. Mr. Jacobs stated that Ms. Turner had planned to use her vacation hours, but the unforseen circumstances and being short staffed make it difficult for her to use them at this time.

 

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the request for Carla Turner to be granted an extension of 34 hours of her vacation hours.

Motion carried 3 - 0.

6. WAIVER OF PAYROLL POLICY: Ms. Stephens requested Board approval for a waiver of payroll policy for a $2,000 bonus for Terry Nantz, Maintenance Manager at the Detention Center, to be processed with the November 1999 payroll. Ms. Stephens noted that Mr. Nantz has been the eyes and ears on a daily basis at the Detention Center in the absence of an on-site quality control person from the Facilities Department since the expansion project began in August 1998; in addition, he has worked many extra hours and willingly accepted the additional duties of tracking not only construction progress, but has also scrutinized the quality of workmanship. Ms. Stephens continued that Mr. Nantz has alerted Facilities of potential problems which has provided the opportunity to respond quickly and avert catastrophe and his observations and diligence have provided cost savings when problems have been averted and resolved quickly. Ms. Stephens stated that funds for this bonus will be transferred from the Facilities Project Fund to the Sheriff's Department budget. Commissioner Disney inquired about the perception of giving someone a bonus for oversight when the project is already over budget and behind schedule. Mr. Lancaster responded that without Mr. Nantz, the situation would be far worse and the savings to Facilities far exceeds the amount of this bonus.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a waiver of policy for the Facilities Department to fund a cash bonus of $2,000 for Terry Nantz in the Detention Center, with funds to be derived from the Facilities budget and transferred to the Sheriff's Department budget.

Motion carried 3 - 0.

7. REVISED APPOINTED OFFICIALS POLICIES: Mr. Jacobs presented a revised draft policy for appointed officials; he reminded the Board that at the last meeting regarding this policy, the Board expressed some concerns about changing the terms and conditions of employment to insure that we still retain the at-will status of all those officials who currently are employed under those terms. If the revised policy is adopted, Mr. Jacobs noted that the fiscal impact would be approximately $22,000 and the additional cost of moving the appointed officials up the steps, after they are on the grid, would be approximately $24,000 in the year 2000. Mr. Jacobs stated that some concern has been raised over the term 'appointed officials', and he offered to go through the policy and cross out that term wherever it occurs in reference to the Board's "appointed officials" and substitute a different term, possibly "officials". Mr. Lancaster stated that the reason for a new policy is that Larimer County has too many officials appointed by the Board and this will clarify the line of authority and reduce it to a more manageable level for the Board to appoint. Discussion followed; the Board decided to delay their vote on the revised Appointed Official Policy until it has been revised further.

8. MENTAL HEALTH DEPARTMENT'S EMPLOYEE BENEFITS: Ms. Maroney requested Board approval of a resolution and three revised plan documents which will exclude the Mental Health Department's employees from coverage under the County's benefits plans as of the end of the 1999 plan year. Ms. Maroney stated that the Larimer Center for Mental Health will be offering its own benefits package to its employees effective January 1, 2000; she noted that all the documents have been reviewed and approved as to form by the Assistant County Attorney.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Resolution Concerning Insurance Benefits Ending Date for Mental Health Department Employees and the Plan Documents for the Flexible Spending Accounts for Health Care Reimbursement, Premium Conversion, and Dependent Day Care Reimbursement, and authorize the Chair to sign same.

Motion carried 3 - 0.

R99-171g RESOLUTION CONCERNING INSURANCE BENEFITS ENDING

DATE FOR MENTAL HEALTH DEPARTMENT EMPLOYEES

(Includes Plan Documents for Flexible Spending Account Plans for

Health Care Reimbursement, Premium Conversion, and Dependent

Day Care Reimbursement)

9. WORKSESSION:

-- Discussion ensued regarding the fairness issue of whether or not the persons with reserved parking in the parking lot east of the Courthouse should be charged the same as those parking in the new Civic Center Parking Structure; Mr. Lancaster recommended that the Court employees not be charged as they will be leaving in six months. CONSENSUS OF THE BOARD was to approve a $10 charge per month for those persons not in County vehicles with reserved parking spaces in the east parking lot, starting the first of the year. The Board will discuss this issue with the other elected officials at their next Executive Council meeting.

10. COMMISSIONER REPORTS:

-- Commissioner Disney received a letter from the Upper Thompson Sanitation District stating they are in the process of increasing the treatment capacity of their wastewater treatment facility and building plans have been submitted. He noted that the District is of the opinion that Larimer County should not assess any fees for the Location and Extent application because the treatment plant is located on Bureau of Reclamation, U. S. Government property. The Board will discuss this matter with Assistant County Attorney Ms. Haag.

11. LEGAL MATTERS: There were no Legal Matters today.

The meeting adjourned at 10:25 a.m.

 

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

 

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Sherry E. Graves, Deputy County Clerk