PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
Monday, December 27, 1999
LAND-USE PLANNING MEETING
The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Pro-Tem Disney presided and Commissioner Rennels was present. Also present were: Russ Legg, Chief Planner; Rob Helmick, Senior Planner; Matt Lafferty, Planner II; Sylvester Mabry, Civil Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.
Chair Pro-Tem Disney stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or member of the audience.
BLOCK 4, LETITIA LAKE SUBDIVISION (#99-1507): NE 1/2 OF
27-10-73 - ON LETITIA CIRCLE (NORTH SIDE) AND ROBIN PATH
(SOUTH SIDE) ON THE NORTHWEST SIDE OF DOWDY LAKE IN THE
RED FEATHER LAKES AREA; 0.67 ACRES; 1 LOT; O-OPEN ZONING
This is a request for an amended plat to combine Lot 1 of the Amended Plat, Block 6, Letitia Lake Subdivision, with a portion of the residual land in the Letitia Lake Subdivision. The resulting lot will be 0.67 acres in area, and no easements will be vacated. Staff findings include: 1) The proposed amended plat is in compliance with 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. The staff recommendation is for approval of the Amended Plat of Lot 1 of the Amended Plat of Lot 13, Block 4, Letitia Lake Subdivision, subject to the following condition: 1) All corrections as requested by the County Surveyor shall be completed prior to recording the Amended Plat.
ON CR 11 - 1/2 MILE SOUTH OF CR 28 (57TH ST.; 63.58 ACRES; 3 LOTS;
This is a request for approval of a minor residential development to create three lots; two lots for residential purposes and one for open space adjacent to Boyd Lake State Park. Staff findings are: 1) The proposal Minor Residential Development meets the design and other criteria of the Larimer County Subdivision Regulations; 2) The Minor Residential Development was granted an appeal to process the request as a three-lot development, by the Board of County Commissioners with the understanding that one site would not be developed and transferred to the State Parks; 3) The lots proposed and the additional development do not impose a burden on the public or present any health or safety issues.
The staff recommendation is for approval of the Hirsch Minor Residential Development, with the following conditions: 1) Lot 2 shall be subject to both the County Transportation and Regional Capital Expansion Fees; these fees shall be paid at the time of building permit application. The fee paid shall be the current fee at the time of payment; 2) Lot 2 shall be subject to payment of the Cash in Lieu of fee for Parks; these fees shall be paid at the time of building permit application. The fee paid shall be the current fee at the time of payment; 3) Lot 2 shall be subject to payment of the Cash in Lieu of fee for Schools; these fees shall be paid at the time of building permit application. The fee paid shall be the current fee at the time of payment; 4) Loveland Drainage Basin Fees will be collected for Lot 2 at the time of building permit; 5) The Final Minor Residential Development plat shall reflect the required additional dedication of ROW for CR 11C; ROW for the road is 100 feet; 6) The Final Minor Residential Development plat shall indicate the location of the new access point for Lot 2; 7) Prior to the approval of the Final Minor Residential Development plat, the applicant shall approve or eliminate the field accesses of concern identified in the November 30, 1999 memo for the Larimer County Engineering Department; 8) Prior to recording of the final Minor Resident Development plat, the applicant shall provide the additional benchmark and drainage information identified in the November 30, 1999 memo for the Larimer County Engineering Department; 9) Any residential construction must either meet the fire hydrant requirements of the Loveland Fire District or have residential fire sprinklers. All structures must also meet the additional addressing and drive requirement identified in the letter dated September 14, 1999 for the Loveland Fire District; 10) Prior to final Minor Residential Development plat approval, the applicant must provide a final commitment for domestic water service from the South Fort Collins-Loveland Water District: a) The final Minor Residential Development plat must contain the following notes or corrections, in addition to other issues identified above: b) 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; 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 homeowners; such activity must be according to applicable Federal, State and local rules and regulations; d) Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times, these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats; e) Farming practices on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur; f) 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; g) All structures will require engineered footings and foundations; h) 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; I) The final Minor Residential Development plat will need to reflect the 100-foot buffer/setback from the high waterline of Horseshoe Lake. This shall restrict development to allow only the proposed boat house along the lake. The plat shall specifically indicate the building envelope for the boat house; j) On Lot 3, not intended for development, no building permits or development may occur without prior approval from the Board of County Commissioners.
This request is from the City of Loveland for the County to waive the Urban Growth Area Boundary amendment procedure for the Millennium Annexation. Staff has reviewed the proposed annexation and finds no conflict with existing agreements and is recommending that the Urban Growth Area Boundary amendment procedure be waived and the Chair be authorized to send a letter to the City of Loveland which includes comments regarding Off-Site Road Improvements and Annexation of Enclaves.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Amended Plat of Lot 1 of the Amended Plat of Lot 13, Block 4, Letitia Lake Subdivision (#99-S1507); the Hirsch Minor Residential Development (#99-S1477); and the Waiver of the Urban Growth Area Boundary Amendment Procedure; each, with conditions as outlined above.
Motion carried 2 - 0.
The hearing adjourned at 3:05 p.m.
TUESDAY, DECEMBER 28, 1999
(#564 @ 200)
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: Matt Lafferty, Planner II; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.
1. OPEN SESSION FOR PUBLIC COMMENT: Tom Ames addressed the Board and stated that he is trying to develop property southwest of Berthoud and has progressed through most of the preliminaries and received a recommendation of approval from the Planning Commission. However, Mr. Ames stated that he is having an issue with the adjoining property owner regarding some lateral irrigation ditches that run through the property; he noted that one of the recommendations from the Planning Commission is that he reach an agreement with this landowner on how they plan to resolve this issue and he is having a hard time reaching a compromise with him. He noted that his proposal comes before the Board on January 10, 2000 and he asked if the Commissioners can override this requirement for an agreement. Chair Olson cautioned Mr. Ames that the Board has to careful what is discussed today because the neighbor is not present; however, in answer to his question, the Board can override a recommendation from the Planning Commission. In response to a question from Commissioner Rennels, Mr. Ames stated that the ditch company has signed off on this project. Commissioner Disney informed Mr. Ames that his application will be judged according to the appropriate zoning regulations and if there is an issue with the neighbor, that is a civil matter and has to be settled in Court.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of December 20, 1999, as submitted.
Motion carried 3 - 0.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of January 3, 1999, as submitted.
Motion carried 3 - 0.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the following Petitions for Abatement and documents as listed on the Consent Agenda for Document Review for December 28, 1999:
PETITIONS FOR ABATEMENT OR REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: Greg T. Weeks; Enterprise Mortgage, Inc.; Michael J. Person; Gabrielle Rebacas; McWhinney Colorado Enterprises, LLC. (6 Petitions); and James O. & Cynthia A. Goodyear.
ACTION ITEM: Request by the City of Loveland to waive the Urban Growth Area Zoning Boundary Amendment Procedure for the Millennium Annexation.
MISCELLANEOUS DOCUMENTS: Amended Plat for Newell's Lakeview Subdivision and the Elijah Minor Residential Development.
LIQUOR LICENSES: County approval for renewal of liquor license was granted to the Red Feathers Carry Out - 6% - Red Feather Lakes, CO.
A99-209 AGREEMENT FOR SECURE TRANSPORTATION SERVICES
BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND
ANLANCE PROTECTION (Transportation for Juveniles)
R99-199g RESOLUTION ADOPTING THE LARIMER COUNTY LAND USE
CODE AND LARIMER COUNTY ROAD STANDARDS MANUAL
R99-200g RESOLUTION ADOPTING THE ESTES VALLEY DEVELOPMENT
CODE AND OFFICIAL ZONING MAP
R99-201g RESOLUTION ESTABLISHING RECOGNITION OF EFFORT
DURING 1999 (Compensation for County Employees who have
Performed to a level worthy of special recognition)
R99-202g RESOLUTION ESTABLISHING COMPENSATION FOR LARIMER
COUNTY APPOINTED OFFICIALS (Compensation for Larimer
County Appointed Officials)
Motion carried 3 - 0.
At this time, Randy Ratliff, Executive Director of the Mental Health Center; J. Bob Wilson, Chair Mental Health Board of Directors; Tom Machiorletti, State of Colorado Mental Health Services; Dave Williams, Attorney for Larimer Center; Grant Sherwood and Art Bavoso, Members of the Larimer County Mental Health Board; Nancy McGinness, Larimer County Mental Health SAVA Coordinator; Director Kathy Snell and Managed Care Specialist Linda Bobbitt, Health and Human Services; Andy Paratore, Director Information Management Services; and Assistant County Attorney Jeannine Haag joined the meeting for signing of transition documents for Mental Health Center.
5. SIGNING OF TRANSITION DOCUMENTS FOR MENTAL HEALTH CENTER: Ms. Haag submitted the transition documents for Commissioner Disney, J. Bob Wilson, Dave Williams, and Randy Ratliff to sign and suggested the following motion for approval of those documents:
M O T I O N
In order to effectuate the transfer of mental health services from Larimer County to the Larimer Center for Mental Health, Commissioner Rennels moved that the following documents be approved and adopted by the Board of County Commissioners and that Jim Disney, as Chair Pro-Tem, be authorized to sign these documents on behalf of the Board of County Commissioners: 1) Resolution Authorizing the Transfer and Assignment to Mental Health Services and Assets from Larimer County Mental Health Department to Larimer Center for Mental Health, a Colorado non-for-profit corporation; 2) Transfer Agreement for Mental Health Services and Assets; 3) Assignment of Contracts, Agreements, Grants, etc.; 4) Transfer and Assignment of Accounts Receivable; 5) Agreement for Storage and Release of Larimer County Mental Health Patient Records; 6) Bill of Sale; 7) Resolution for Conveyance by Board of County Commissioners of Larimer County, Colorado and Quitclaim Deed; 8) Behavioral Services Contract.
R99-203g RESOLUTION AUTHORIZING THE TRANSFER AND
ASSIGNMENT TO MENTAL HEALTH SERVICES AND ASSETS
FROM LALRIMER COUNTY MENTAL HEALTH DEPARTMENT
TO LARIMER CENTER FOR MENTAL HEALTH, A COLORADO
A99-210 TRANSFER AGREEMENT FOR MENTAL HEALTH SERVICES
AND ASSETS BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND THE LARIMER CENTER FOR MENTAL
HEALTH AND ASSIGNMENT AND TRANSFER AND
ASSIGNMENT OF ACCOUNTS RECEIVABLE
A99-211 AGREEMENT FOR STORAGE AND RELEASE OF LARIMER
COUNTY MENTAL HEALTH PATIENT RECORDS BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND LARIMER
CENTER FOR MENTAL HEALTH
D99-23 BILL OF SALE FOR CONVEYANCE OF TANGIBLE AND
INTANGIBLE PROPERTY FROM THE BOARD TO COUNTY
COMMISSIONERS TO THE LARIMER CENTER FOR MENTAL
HEALTH, EFFECTIVE 12:01 A.M. ON JANUARY 1, 2000
R99-204g RESOLUTION FOR CONVEYANCE BY BOARD OF COUNTY
& COMMISSIONERS OF LARIMER COUNTY, COLORADO AND
D99-24 QUIT-CLAIM DEED
C99-74 BEHAVIORAL SERVICES CONTRACT BETWEEN THE BOARD
OF COUNTY COMMISSIONERS AND LARIMER CENTER FOR
Motion carried 3 - 0.
Chair Olson expressed appreciation to all those persons who have worked so hard to bring about this transfer of mental health services from Larimer County to the Larimer Center for Mental Health. Speaking on behalf of the Mental Health Board, Mr. Wilson thanked everyone for all the cooperation they have received from staff and he stated that he thinks this transition will be in the best interests of the employees and the clients they serve. Mr. Wilson continued that this transition will give them more options to raise money for Mental Health services in the community; he also thanked Mr. Ratliff for all his help and stated that he is looking forward to working with him in the future and he thanked Mr. Williams for his contribution to this transition. Commissioner Disney wished Mr. Wilson the best of luck.
The meeting adjourned at 10:15 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