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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MARCH 1, 1999

LAND-USE PLANNING MEETING

(#452 @ 300)

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: Carol Evans, Richael Michels, and Matt Lafferty, Planners II; Jerry White, Right-of-Way Agent; Sylvester Mabry, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Gael Cookman.

Chair Olson stated that she had received a notice from Ms. Evans indicating that there may be further discussion regarding the Vista at Cottonwood Shores Planned Unit Development. Robert Penny approached the Board and requested this item be pulled from the Consent Agenda.

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.

1. DEVRIES SUBDIVISION PRELIMINARY PLAT (#97-SU1065): NE 05-04-69 - SOUTHWEST CORNER OF THE INTERSECTION OF COUNTY ROAD 21 (LONETREE DRIVE); 36 ACRES; 5 LOTS; FA-1 FARMING ZONING

This is a request for Preliminary Plat to subdivide 36 acres into 5 lots for single family residential use; lot sizes range from 2.4 acres to 10.2 acres. Existing residential and farm improvements are located in the northeast portion of the site. Staff findings include: 1) The proposed Devries Subdivision is consistent with the intent of the Larimer County Master Plan, the Comprehensive Zoning Resolution, and the Subdivision Resolution and is consistent and compatible with existing development in the immediate area. The applicant has designed the development to respond to the natural features and constraints that are present at this site; 2) The requested variance from the Water, Sewer and Fire Safety Standards requirement that at least 70% of the lots must utilize standard septic systems is similar to previously approved requests. The lots proposed are larger than minimum requirements and adequate area for primary and replacement septic systems is available. The Health Department supports the request, subject to conditions; 3) Approval of the DeVries Subdivision and a variance from the Larimer County Water, Sewer and Fire Safety Standards (regarding standard vs. Engineered septic systems) with certain conditions, shall not result in significant negative impacts on area properties, provision of services or transportation, or the natural environment.

The Planning Commission/staff recommendation is for approval of the variance from the Larimer County Water, Sewer and Fire Safety Standards (regarding standard vs. Engineered septic systems); and approval of the Preliminary Plat of the DeVries Subdivision, with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat, including all notes, building envelopes, easements and drainage facilities. Note #6 on the Preliminary Plat regarding building envelopes shall be removed. Easements as shown on the Preliminary Plat and as requested by the utility companies shall be provided on the Final Plat. The 100 year flood level and first floor elevation information shall be clearly shown and noted on the Final Plat. 2) The following notes shall be included on the Final Plat: a) 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 these facilities may result in a lien being placed on these lots. b) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted. c) Basement construction shall not be allowed on these lots due to shallow groundwater conditions. Engineered footing and foundation and site grading plans shall be required for all construction on these lots; the Colorado Geological Survey recommends drilled pier foundations. First floor elevations and septic system locations must be located above any 100 year flood flows as shown on this Plat. Each lot must be drilled at the building site and the subsurface soil and bedrock must be collected and tested for geotechnical properties. Along with site specific testing, lot owners and builders are advised to review the Geotechnical and Percolation Investigation Report and the Final Drainage Report as prepared for the DeVries Subdivision and the recommendations of the Colorado Geological Survey regarding construction on these lots. d) The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R2-J school fees and Larimer County fees for County and Regional Transportation Capital Expansion and Larimer County Park Fee (in lieu of dedication). The fee current at time of building permit application shall apply. e) The soils investigation for this subdivision indicates that slow percolation rates, shallow groundwater and shallow bedrock do not allow for conventional on-site sewage treatment systems (i.e. septic systems) and that engineer-designed systems are necessary. Lot owners are advised that engineered septic systems installed in these conditions will be more expensive to construct and may be less reliable than standard-type sewer system. It is important that adequate space be reserved to install both a primary sewer system and a replacement system. Prospective lot buyers are advised to obtain their own soil testing and sewer system design information prior to purchasing property. f) Underground utilities shall be required. g) Thompson R2-J school bus pickup for all grade levels will be at County Road 14 on the east side of Lonetree Drive (County Road 21). h) Rural area issues- I) 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. II) 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. III) 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. IV) Farming practices on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur. V) 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. 3) Full construction plans, a final stormwater drainage and erosion control report, and the 100 year flood level information and first floor elevation specifications must be reviewed and approved by County Engineering. A final grading plan, which at a minimum includes first floor elevations relative to site elevations, detention pond high water elevation, and contours before and after finish grading, shall be submitted. The final drainage report and erosion control report shall be prepared according to the specific requirements and recommendations contained in the Engineering Department's comments for this development and as contained in Section 2.4.2 and Section 10 of the Larimer County Stormwater Management Manual and in comments from the Colorado Geological Survey. Road construction plans must be approved by the Engineering Department and the Loveland Fire Prevention Bureau prior to recording of the Final Plat. Utility plans must be approved by the applicable utility providers; plans for fire hydrant locations shall also be approved by the Loveland Fire Prevention Bureau. 4) Final Plat application materials shall include soil test data for Lot 2 and a site plan indicating that a primary and replacement sewer system can be designed that lot. The site plan must be reviewed and approved by the Health Department prior to final plat approval. 5) All improvements for this development shall be included in a Subdivision Improvements Agreement (SIA) which shall be secured by appropriate collateral of a type and amount approved by the County Commissioners. Improvements shall include roads, drainage facilities, utility extensions, and fire hydrants. The SIA, along with cost estimates and collateral, shall be submitted to the Planning Department. These documents must be approved prior to recording the Final Plat. 6) Covenants for this development shall include provisions for maintenance of the common access roads and drainage facilities and easements. 7) If proposed boundary line adjustments involving Tracts A, B, and C are not completed prior to recording the Final Plat of the DeVries Subdivision, then the Final Plat shall include the following note: "The purpose of creating Tracts A, B, and C with this plat is to accommodate future adjustment of the common boundary lines between this development and the properties to the west and north of those Tracts. Such boundary adjustments would add Tracts A, B, and C to the adjacent metes and bounds parcels. Under no circumstances shall Tracts A, B, or C be considered as separate legal lots for the purposes of building or for creating additional building sites through further boundary adjustments." Provisions for maintenance of these Tracts shall be included in covenants for this development if the boundary adjustments are not completed prior to Final Plat recording.

2. WOODLAND ESTATES SUBDIVISION (#98-S1342): SW ¼ OF 18-05-69 ABOUT 800 FEET NORTH OF COUNTY ROAD 20 BETWEEN COUNTY ROAD 23H AND COUNTY ROAD 23E EXTENDED; FA1 - FARMING ZONING.

This is a request to develop 20 acres into 6 parcels of 3 - 4 acres in size. The land was originally divided by the Frandson Exemption in 1976. This proposal is on the northern 2 lots of that old exemption. It is located 664 feet north of the intersection of County Road 23H and County Road 20. The eastern boundary of the property abuts County Road 23E. There is other residential development on three sides and a salvage operation to the west. Staff findings include: 1) This proposed subdivision is compatible with the surrounding land uses and future development plans for the area it is located in. 2) The Larimer County Health and Engineering Departments as well as other reviewing agencies have reviewed this proposal and have stated no objections to it. 3) The proposed subdivision meets the criteria of the Larimer County Zoning Resolution, the Larimer County Subdivision Resolution, and the Larimer County Master Plan. 4) The approval of this subdivision, with certain conditions, will not adversely affect the health, safety, or welfare of existing residents, wildlife, or the environment. The Planning Commission/staff recommendation is for approval of Woodland Estates Subdivision with the following conditions: 1) Adequate right-of-way must be dedicated on the final plat to provide County Roads 23E and 23H with 50' half rights-of-way. 2) Unless the existing 30' half right-of-way along the south property line is officially vacated prior to the final plat, this right-of-way must be shown on the final plat. 3) A 24' wide dedicated road built to County Standards and maintained by the Homeowner's Association, as proposed, must be shown on the final plans. The single access drive for lots 5 and 6 off of County Road 23E must also be maintained by an agreement between the homeowners. Larimer County will not be responsible for the maintenance of this improvement or any internal roads. 4) A final erosion control plan is required. The plan should follow the format of the example shown as Appendix A of Section 10 of the Larimer County Storm Water Management Manual. 5) The developer shall be required to contribute his proportionate share of the costs the County will incur in accommodating the subject development through payment of road impact fees at the time of building permit issuance in accordance with duly enacted impact fee regulations then in effect. 6) All subdivision improvements must be in place and approved prior to any construction on the lots. 7) A Development Agreement must be signed and collateral provided prior to recording the final plat. 8) A Homeowners' Association and covenants are required. 9) Livestock shall not be permitted on Lots 5 and 6. Livestock on Lots 1 -4 shall be limited and a management plan for these lots submitted with the final plat. Said management plan should address all concerns of the Larimer County Health Department and the Larimer County Parks Department and be approved by those agencies prior to recording the final plat. Llamas shall be prohibited on all lots. 10) The final location of the flood protection area shall be mapped with information about this area including the susceptibility of flooding or high water, the amount of water typically possible, the low water crossing and other issues of the Larimer County Health and Engineering departments. 11) If necessary, the building envelopes on Lots 5 and 6 may have to be reconfigured due to the flood area and to aid in wildlife/orchard protection. The final locations of these envelopes must be approved by the Larimer County Health and Parks Departments. 12) If any changes are made to the lot configurations (not including building envelopes) which substantially change the layout beyond that discussed above or the ability of the Health Department to approve this project, then the item must return for additional Planning Commission review. 13) Fire hydrants must be installed to the Loveland Fire Prevention Bureau's specifications within 400 feet of each residence. Hydrants must be in place before buildings may be constructed on the lots. This condition may be waived in favor of residential sprinkler systems if the Fire District and the Water District confirm in writing that hydrants are not technically possible. 14) All recommendations of the Larimer County Parks and Open Lands Department with regard to management of the orchard and property shall be incorporated into the covenants and management plan for this development. These include: a) No apple trees are to be cut down or otherwise destroyed outside of the building envelopes. b) Deer movement and access to apple trees will not be impeded. Fences utilized by lot owners may not be constructed in such a manner as to impede deer movement. Apple trees and their produce will not be isolated from deer access. The developer will consult with the Colorado Division of Wildlife to determine the most appropriate type of fencing and include a restriction for this type of fencing in the covenants. c) Dogs or any other potentially aggressive pet will be contained in such a manner as to not negatively impact the use of the apple orchard or movement corridors by deer. 15) An easement for the South Side Irrigation Ditch of 75' must be shown on the final plat with 30 feet on the uphill (west) side and 45 feet on the downhill (east) side, both measured from the centerline of the ditch. 16) Written notification from the Ditch Company or its representative is required stating that the water has been accepted and that their issues related to quantity, quality, and entry of drainage into the ditch have been addressed. This notification must be received within the legally required and specified period of time during the final plat review or the County will deem the plan to be approved by the Ditch Company. Final construction documents must be sent to the Ditch Company. 17) If a written agreement between the Developer and the Ditch Company is completed, a copy of that document must be provided to the County for the file. 18) Plat notes suggested by the ditch company will NOT be placed on the final plat but must be incorporated into the covenants for the property. 19) A 15' wide utility easement must be platted on both sides of the proposed cul-de-sac on the final plat. 20) The owners of Lots 5 & 6 will enter into a road maintenance agreement with the homeowners association (HOA) of Broken Triangle Estates Subdivision for their proportional share of the maintenance of County Road 23E and for reimbursement to the Broken Triangle Estates HOA for past improvements to the bridge over Dry Creek on County Road 23E; 21) The following notes must be placed on the final plat: a) Park Fees in effect at the time of building permit will be collected at the time of building permit for new residential structures. b) Road impact fees in effect at the time of building permit will be collected from each lot at the time of building permit. c) School Fees for Thompson R2-J School District in the amount of $332 will be collected at the time of building permit for each new residential structure. 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 Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted. e) Engineered footings and foundations are required for new residential construction. f) All utilities must be installed underground. g) Mosquitoes may be a nuisance on this property. Larimer County is not responsible for mosquito abatement and any land owner initiated abatement activities must meet all Federal, State and Local rules and regulations. h) 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. i) There are existing agricultural activities in this are that may produce dust, odors and noise. There is an existing salvage operation adjacent to this property. Larimer County will not take any action to stop or hinder legal uses of nearby properties. j) There is the potential for wildlife interaction or property damage, including destruction of landscaping in this area. Deer are prevalent on the property. 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. k) This development is the subject of a Development 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. l) Pasture management is important. Overgrazing can result in weeds and erosion problems. If horses or other livestock will be kept on these lots, owners should contact the Larimer County Cooperative Extension Service for information about pasture management.

3. LATIGO LANE STREET NAME CHANGE (#99-S1366): W ½ OF 03-09-69; MORE SPECIFICALLY LOCATED ON THE NORTH SIDE OF COUNTY ROAD 72, APPROXIMATELY ¾ OF A MILE WEST OF COUNTY ROAD 17.

This is a request is to name an existing roadway easement the services eight - 35 acre parcels. The proposed Street name is Latigo Lane. The purpose for the request is to avoid multiple addresses from County Road 72. Notification of the requested name change has been sent to the property owners the would be affected by this proposal. Staff findings include: 1) Unique street names are important and needed to accommodate addressing of each dwelling. Having a specific street name within this subdivision that is easily pronounced will reduce confusion in locating specific addresses. 2) No objections to the proposed application or names proposed were received. 3) The County Health and Engineering Department and all utility and emergency service providers in this area reviewed the proposed street name changes and stated no objections. Staff recommendation is for approval of the request to affix the street name Latigo Lane to the unnamed roadway easement subject to the following condition: 1) The applicant shall be responsible for installing a street name sign at the intersection of County Road 72 and Latigo Lane. Said street sign shall include both roadway names.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings/staff recommendations and approve the Devries Subdivision (#97-SU1065, the Woodland Estates Subdivision (#98-S1342), and the Latigo Lane Street Name Change (#99-S1366), with the conditions as outlined by staff.

Motion carried 3-0.

4. VISTA AT COTTONWOOD SHORES PLANNED UNIT DEVELOPMENT (98-MS1261): NE 08-08-68; ON THE WEST SIDE OF COLORADO HIGHWAY 1, NORTH OF THE INTERSECTION OF HIGHWAY 1 WITH COUNTY ROADS 9 AND 58; OPEN ZONING

Ms. Evans noted that this is an application to divide 111 acres into 11 lots ranging in size from 4.0 to 10.45 acres for single family residential use, along with 6 open space tracts. Staff findings include: 1) The proposed Master Plan and Preliminary Phase Plan for the Vista at Cottonwood Shores PUD is consistent with the intent of the Larimer County Master Plan, the Comprehensive Zoning Resolution, and the Subdivision Resolution and is consistent and compatible with existing development in the immediate area. 2) The requested variance from the Larimer County Zoning and PUD Resolutions to allow this development to be completed as a PUD in the O-Open Zoning District is appropriate in this case. As a PUD, the proposed development has been designed to address site-specific conditions and principles of the Larimer County Master Plan, including preservation of open space and rural character and the protection of sensitive natural areas. 3) Approval of the Master Plan and Preliminary Phase Plan for the Vista at Cottonwood Shores PUD and the variance from the Larimer County Zoning and PUD Resolutions to allow this development to be completed as a PUD in the O-Open Zoning District, with certain conditions, shall not result in significant negative impacts on area properties, provision of services or transportation, or the natural environment. Ms. Evans noted that Steve and April Korby, who are neighbors of this property, have some concerns pertaining to this application that they wished to express to the Board.

Robert Penny, representative for Steve and April Korby, addressed the Chair and referred to a letter that he had sent to the Board which outlined the Korbys three main concerns as follows: 1) Mr. and Mrs. Korby believe it is imperative that all lot owners are advised in writing that agricultural uses are present on their property which may result in noise, dust, and odors which are a normal part of agriculture and should be expected to occur. 2) Mr. and Mrs. Korby propose that a condition be attached to the development clearly stating that access to the open space and residential lots may be by interior roads only and not from County Road 60 as County Road 60 has historically just been an agricultural lane and excessive traffic on this road would not be advantageous to the Korby farm or to the road itself. The Korbys also requested that the 15' easement which is referenced along the north border of the Vista PUD be eliminated from the final plat to make it clear that there is no public or local access for this section of County Road 60. 3) Mr. and Mrs. Korby requested that all prospective future homeowners be specifically advised that the Korby property to the north of the Vista PUD is not permanently designated as open space and the Korbys reserve the right to build on this property at a later date should they so desire.

At this time the applicant Dino Ditullio addressed the Board noting that he had some concerns with restricting the access to County Road 60. Mr. Ditullio stated that if there is a public right-of-way, then by rights, the neighborhood should be able to use it; he also explained that there is a gate on the northwest side of his property that does access County Road 60, however, this gate would only be used by his agricultural equipment should he ever decide to apply for access off of County Road 60. Mr. Ditullio explained the he felt the issue pertaining to access off County Road 60 was something that needed to be clarified between the Korbys and the County, and that he really was not involved in this issue as he had not applied for access from this road. Much discussion ensued regarding County Road 60 and the easements that pertain to this area and regarding "Right to Farm" concerns. Mr. Korby noted that he was only concerned with protecting the Korby property; he explained that he has tried restricting access to his property by posting "No Trespassing" signs but that individuals just ignore the signs and invade his property. In conclusion, Mr. Ditullio stated that since the open spaces are all accessible from within the subdivision, he would agree to remove the gate from the north side of his property and restrict access onto County Road 60.

The Planning Commission/staff recommendation is for approval of the variance from the Larimer County Zoning and PUD Resolutions to allow this development to be completed as a PUD in the O-Open Zoning District; and approval of the Master Plan and Preliminary Phase Plan of the Vista at Cottonwood Shores PUD with the following conditions as amended: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat, including all notes, wetlands delineation, building setback lines, no-build area for dwellings and accessory structures greater than 500 square feet in size, and easements. Easements and rights-of-way of record and as required by the utility providers, the County Engineering Department and the Colorado Department of Transportation shall be provided on the Final Plat. 2) The following notes shall be included on the Final Plat: a) 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 these facilities may result in a lien being placed on these lots. b) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted. c) Engineered footing and foundation plans shall be required for all construction on these lots. d) Site specific testing at the location of the building sites is required. Seasonally high groundwater may affect whether basement construction is feasible or if special construction methods are needed. The Colorado Geological Survey does not recommend basement construction where groundwater is within 12 feet of the surface. Any subgrade construction should be accompanied by perimeter drains along the foundation. A capillary break should be considered below the floor slabs if the subgrade material in the vicinity of the individual building envelopes is clay or claystone. Lot owners and builders should refer to the report titled Subsurface Exploration Report (Reservoir No. 6 Development) prepared by Earth Engineering Consultants, Inc. (EEC Project No. 1982045) as contained in the Planning Department file for this development. e) Residential fire sprinkler systems shall be required for all dwellings. Plans must be approved by Poudre Fire Authority. f) The minimum water pressure available to homes within this development will be approximately 50 p.s.i. Owners of large, multi-story homes with a number of plumbing fixtures may want higher pressure. If so, pressure tanks or booster pumps will have to be installed. g) The following fees shall be collected at building permit issuance for new single family dwellings: Poudre R-1 school fees and Larimer County fees for County and Regional Transportation Capital Expansion and Larimer County Park Fee (in lieu of dedication). The fee current at time of building permit application shall apply. h) Underground utilities shall be required. i) Rural area issues- I) Agricultural uses are present in this area which may result in odors, dust and noise at any time of the day or night, seven days a week. These are a normal part of agriculture and should be expected to occur. Larimer County will not take action to stop or hinder legal agricultural uses on properties in this area. II) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, raccoons, prairie dogs and snakes). Lot owners should be prepared to address wildlife conflicts if they arise. III) 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. IV) 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. V) Approved recreation uses on the reservoir to the west of this development include motor boating and a developed campground. j) 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. 3) Final construction plans, drainage and erosion control plans and reports, shall be required with the Final Plat application. The reports shall include detailed plans and information regarding the irrigation of the site and shall address the issues of irrigation and septic system/home site locations. The final drainage report and erosion control report shall be prepared according to the specific requirements and recommendations contained in the Engineering Department's comments for this development and as contained in Section 2.4.2 and Section 10 of the Larimer County Stormwater Management Manual. Prior to recording the Final Plat, road construction plans must be approved by the Engineering Department and the Poudre Fire Authority, utility plans must be approved by the applicable utility providers and the Poudre Fire Authority, and the drainage/erosion control reports must be approved by the County Health and Engineering Departments. Plans for identifying and controlling the emergency access must be approved by Poudre Fire Authority. 4) Copies of permits from the Colorado Department of Transportation for the accesses to the state highway shall be submitted with the Final Plat application. No construction shall take place within the highway right-of-way prior to obtaining permits. 5) All improvements for this development shall be included in a Subdivision Improvements Agreement (SIA) which shall be secured by appropriate collateral of a type and amount approved by the County Commissioners. Improvements shall include roads, drainage facilities, utility extensions, landscaping, street/traffic signs and fire hydrants. The SIA, along with cost estimates and collateral, shall be submitted to the Planning Department. These documents must be approved prior to recording the Final Plat. 6) Covenants for this development shall include provisions for maintenance of the common access roads and emergency access, open space tracts, drainage and irrigation facilities and other common elements. Covenants shall also contain provisions regarding building envelopes and setbacks, livestock, pasture management, irrigation and farming plans as proposed in the preliminary application, and shall state what uses and/or structures (if any) are prohibited in the no-build area as shown on the Preliminary Phase Plan. 7) If a written agreement with North Poudre Irrigation Company is entered into by the applicant, a copy of the agreement shall be submitted with the Final Plat application. 8) Information regarding the water supply for this development as requested by the Colorado Division of Water Resources or written verification from that agency that their concerns have been satisfactorily addressed shall be submitted with the Final Plat application. 9) The final landscape plan for the development shall be approved by the County Natural Resources Department. 10) The existing gate at the northwest corner of the open space, off of County Road 60, shall be removed and re-fenced, prior to issuance of building permits. 11) Access to the open space by residents of this development, and for any agricultural use that may occur in the open space lot, shall be by interior roads only and not from County Road 60. This requirement shall be noted on the Final Plat.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Vista at Cottonwood Shores Planned Unit Development (#98-MS1261), with the conditions as modified by staff.

Motion carried 3-0.

5. BECKER MINOR RESIDENTIAL DEVELOPMENT APPEAL (#99-S1371): NE 1/4 OF 24-07-68; MORE SPECIFICALLY LOCATED ON THE SOUTHWEST CORNER OF COUNTY ROAD 44 AND 13. FA-1, FARMING

This is a request to appeal the Minor Residential Development requirements in order to divide an 18 acre parcel into 2 lots being 15 and 3 acres in area. The subject property is located at the southwest corner of County Roads 44 and 13. The subject request is for a waiver to the Minor Residential Development standards, more specifically to the standard that states: "The property to be divided is not part of a parcel, site, tract or lot previously divided by exemption or a Minor Residential Development nor a part of an existing subdivision, nor would this request create more than two (2) parcels out of the property as it existed on May 5, 1972…" Mr. Lafferty noted that in this instance, the applicant is requesting the Board of County Commissioners approve a waiver to the criterion prohibiting the use of the Minor Residential Development process to divide a parcel of land is not the same as it was on May 5, 1972; he explained that the existing property was part of a 160 acre parcel that was foreclosed upon. During the foreclosure, the owner and the lending institution agreed that the owner would be allowed to retain eighteen acres of the overall 160 parcel. In performing this task the land was illegally subdivided and is therefore subject to subdivision approval for any additional divisions. Staff findings include: 1) The Minor Residential Development process was amended in February of 1993 to limit the types of parcel eligible for division without going thorough the full subdivision process. 2) The full subdivision process is available to divide parcels that are not eligible for consideration under the Minor Residential Development process. A subdivision request on this property would be reviewed by the Larimer County Planning Commission prior to Hearing with the County Commissioners. 3) The property has been divided since May 5, 1972, without any consideration by the County Staff, Boards or Commissions. 4) Staff does not find circumstance or conditions of this property to be sufficient to justify the waiver of the regulations. Staff recommendation is for denial of the Becker Minor Residential Development appeal, file #99-S1371.

The Board discussed the application and agreed that the improper subdivision of the property should be taken care of by planning staff and noted that it would be beneficial to the public to waive policy and allow the applicant to subdivide the property twice under the MRD process. Pam Winger, the applicant for this proposal, noted that they had intended to split the 18 acres into 15 and 3 acres respectfully; however, after learning of septic requirements, they may need to split off 5 acres instead of 3, as originally intended.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Becker Minor Residential Development appeal (#99-S1371) with a waiver of policy in order to allow the applicant to divide this parcel twice utilizing the Minor Residential Development process, on the condition that when they submit their MRD it will legalize the existing18 acre parcel, as well as further subdivide it into 15 and 3 acres.

Motion carried 3-0.

Meeting recessed at 4:10 p.m.




TUESDAY, MARCH 2, 1999

ADMINISTRATIVE MATTERS

(#455)

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: Larry Timm, Director of Planning; Al Kadera, Planner II; Doug Will, Boyd Lake State Park Administrator; Ralph Jacobs, Director Human Resources; Kathy Snell, Director Health and Human Services; Neil Gluckman, Assistant County Manager; and Donna Hart, Commissioner's Office Administrative Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: Nancy Miksch, Janet Ross, and Bill Denman. Ms. Miksch submitted a letter to the Board on behalf of the residents of Larimer and Weld Counties living in or near the Big Thompson River Valley expressing their great concern with Johnstown's suggestion to place a waste water treatment plant nearby; she also submitted a petition signed by adjacent property owners against the treatment plant and she noted that out of the 193 persons contacted, only 2 did not sign and they are developers. Ms. Miksch described their concerns and offered suggestions for alternative sites and requested the Commissioners' help in not allowing the annexation of this property by Johnstown or approval of this treatment plant; she stated that the residents should have some rights concerning what they have to live with and they need more support from the Board and she asked what can be done to give the citizens more power. The Board stated that they have no authority to tell a town or city not to annex property; Commissioner Disney suggested that the Board schedule a meeting with the new Town Board of Johnstown to discuss this matter. The Board encouraged Ms. Miksch to talk to the local Legislators and the Board has a meeting scheduled with them in two weeks and will discuss this matter with them at that time.

Mr. Denman discussed a problem he is having getting a building permit on a piece of property he owns in Loveland; he stated that the County is trying to force him to get a commercial permit for $29,650. As Mr. Timm was present for discussion of the last matter, the Board asked Mr. Timm and Mr. Denman to go to Mr. Timm's Office to try and resolve this situation.

2. APPROVAL OF MINUTES FOR WEEK OF FEBRUARY 22, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of February 22, 1999, as submitted.

Motion carried 3-0.

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

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of March 8, 1999, as submitted.

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

MISCELLANEOUS DOCUMENTS: Check Warrant for Human Services Department; Hall Amended Exemption; Amended Plat of Lot 75, Glacier View Meadows 2nd Filing; and Final Plat for Eagle Ranch Estates II P.U.D.

LIQUOR LICENSES: County approval for renewal of liquor licenses was granted to: Carter Lake Marina - 3.2% - Loveland, CO.; Change of Corporate Structure for Best Western Coach House - 6% - Loveland, CO.; Pot Belly Restaurant - 6% - Red Feather Lakes, CO.; Glen Haven Inn - 6% - Glen Haven, CO. and Waive of Hearing for Change of Ownership for Columbine Lodge - 3.2% - Bellvue, CO. Licenses were issued to: Cloverleaf Kennel Club, Inc. - 6% - Loveland, CO.; Classic Catering - 6% - Fort Collins, CO.; Schmidt's Olde Time Bakery, Ltd. - 6% - Loveland, CO.; Loveland Moose Lodge #484 - 6% - Loveland, CO.; A Hunt Club - 6% - Fort Collins, CO.; Rock Inn Steak House - 6% - Estes Park, CO.; Inlet Bay Marina - 3.2% - Fort Collins, CO.; and Lovin' Oven - 6% - Loveland, CO.

P99-02 LARIMER COUNTY BOARD OF COMMISSIONERS' WORK PLAN

FOR 1999

A99-28 DEVELOPMENT AGREEMENT RELATING TO DEVELOPER'S

OBLIGATIONS IN EAGLE RANCH ESTATES PHASE II PLANNED

UNIT DEVELOPMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THREE EAGLES DEVELOPMENT, LLC.

A99-29 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND BCS TECHNOLOGIES FOR VOICE MAIL

IMPLEMENTATION SERVICES (Purchase and Installation of New

Voice Mail System)

C99-05 CONTRACT FOR CHILD SUPPORT ENFORCEMENT PURCHASE OF

SERVICES AGREEMENT BETWEEN LARIMER COUNTY DEPT. OF

SOCIAL SERVICES AND PRO-SERVE INVESTIGATIVE SERVICES

C99-06 CONTRACT FOR CHILD SUPPORT ENFORCEMENT PURCHASE

OF SERVICES AGREEMENT BETWEEN LARIMER COUNTY

DEPARTMENT OF SOCIAL SERVICES AND IMMUNOLOGICAL

ASSOCIATES OF DENVER

C99-07 CONTRACT FOR CHILD SUPPORT ENFORCEMENT PURCHASE OF

SERVICES AGREEMENT BETWEEN THE LARIMER COUNTY

DEPARTMENT OF SOCIAL SERVICES AND COLORADO CHILD

SUPPORT SERVICES, INC.

C99-08 CONTRACT FOR CHILD SUPPORT ENFORCEMENT PURCHASE

OF LEGAL SERVICES AGREEMENT BETWEEN GEORGE HASS,

COUNTY ATTORNEY AND LARIMER COUNTY DEPT. OF SOCIAL

SERVICES

D99-03 DEED OF DEDICATION OF PROPERTY FOR PUBLIC HIGHWAY

FROM STEVE A. AND CYNTHIA J. MONELL

Motion carried 3-0.

5. ANNUAL UPDATE ON BOYD LAKE STATE PARK: Mr. Will reviewed the 1998 Annual Report for Boyd Lake State Park with the Board; he noted that there was a big increase in visitation at the swim beach this year and the campground was at capacity every weekend from Memorial Day through Labor Day. Mr. Will stated that the Colorado Legislature passed new boating safety laws on January 1, 1998; one new law was that anyone under the age of 14 cannot operate any type of power boat until after successfully completing a State Parks approved boat safety class; he noted that they taught 18 of these classes to 130 students and 105 parents or legal guardians in 1998. Mr. Will discussed the possibility of Boyd Lake Park expansion and their receipt of a GOCO Open Space Grant to acquire adjacent lands.

6. REQUEST FOR EXPANDING THE SCOPE OF EMPLOYMENT OF THE LARIMER COUNTY HUMAN RESOURCES DIRECTOR: Mr. Jacobs requested Board approval to expand the scope of employment of the Larimer County Human Resources Director; he noted that this request was brought about after a call was received from the new Public Trustee requesting information on how to handle recruiting for her Office. Mr. Jacobs stated that the County already works with the Trustee in enabling employees of the Trustee's Office to participate in the County insurance benefits programs and he noted he is very willing to assist the Public Trustee and other similar organizations in this endeavor; however, at this time, this assistance is not in the job description for the Human Resource Director and to do so would be going outside the scope of legal protection and liability coverage.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the request for the Larimer County Human Resources Director, Ralph Jacobs, to be authorized by the Board of County Commissioners to assist other public agencies and private not for profit corporations with professional advice and assistance on matters related to human resources administration or management. The Human Resources Director is authorized to limit such assistance to what is an appropriate expenditure of County staff time and other resources for these purposes. The Human Resources Director is authorized to use his/her judgment in deciding when reimbursement for costs should be requested from such agencies and corporations and to collect such reimbursements on behalf of the County. These additional duties are hereby included within the scope of employment for the Larimer County Human Resources Director.

Motion carried 3-0.

7. REPORT ON COLORADO TOBACCO SETTLEMENT MONEY: Ms. Snell requested Board approval and signature on a letter to send to the State Legislature requesting their support of Senate Bills 132 and 172 regarding Colorado's tobacco settlement money; she informed the Board that last week, Colorado Counties, Inc. (CCI) voted to support SB 132 .

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve sending the letter to the State Legislature in support of Senate Bills 132 and 172 regarding Colorado's tobacco settlement money, as requested, and authorize each Commissioner to sign the letter when presented for signatures.

Motion carried 3-0.

8. WORKSESSION:

-- Mr. Lancaster informed the Board that both Mr. Lancaster and Mr. Gluckman will be out of town next week and so the agenda for Administrative Matters will be light.

-- Mr. Lancaster stated that Budget Manager Mr. Keister has asked the Board to let him know if they have any particular items they wish to be considered at the next 10-County Budget Conference.

-- Mr. Lancaster noted than an issue has arisen in which the District Attorney, through staff representation, has requested an additional dedicated circulation in the new Justice Center; he noted that currently the building is designed with a three-way circulation - one way for Judges and Court staff, one way for secure prisoners, and one way for public. Mr. Lancaster stated that the Chief Judge thinks the District Attorney and staff should use the public circulation passageway; Mr. Lancaster requested the Board's opinion regarding this situation. CONSENSUS OF THE BOARD was that the building design is going to remain as it is now and it is too late to consider a redesign of a 4th circulation passageway.

9. COMMISSIONER REPORTS:

-- Commissioner Rennels reported that she and Finance Director Carol Block attended a meeting at the State to work on the shortage of sales tax revenue for Larimer County; she noted that a committee was formed by CCI to review how sales tax gets figured, refunded, and analyzed. However, the committee only met one time and, it was decided at this meeting, that they are going to start meeting again. After the meeting, Commissioner Rennels and Ms. Block met with Clark Becker and he is very willing to work with Ms. Block in resolving this situation.

-- Commissioner Rennels noted that last night Mr. Gluckman asked her about the personal property tax for Bio-Tech, which was a monitor position but is now an opposed position.

-- Chair Olson reported that she attended a worksession on affordable housing yesterday and they are going to draft a resolution for the Board to approve; she noted that they revised the report, adopted definitions, and were told to work with Mr. Lancaster in preparing the resolution for approval during Administrative Matters.

At this time, Assistant County Attorney Jeannine Haag joined the meeting for Legal Matters.

10. LEGAL MATTERS:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:50 a.m. to discuss threatened litigation.

Motion carried 3-0.

The Executive Session ended at 11:35 a.m.; no action taken.

OPEN LANDS MEETING

(#456)

The Board of County Commissioners reconvened at 2:30 p.m. in regular session with K-Lynn Cameron, Open Lands Manager. Chair Pro-Tem Disney presided and Commissioner Rennels was present. Also present were: Greg Pickett, Director of Parks and Open Lands, and Steve Ryder, Transferable Development Unit (TDU) Director. Recording Clerk, Sherry Graves.

1. TDU Evaluation Worksheet: Ms. Cameron submitted a copy of the TDU Evaluation Worksheet, as revised according to previous suggestions from the Board, and requested Board approval of same; she noted that the Open Lands Advisory Board reviewed the worksheet and recommended it come to the Board for adoption. Commissioner Disney requested that the Ag and Environmental Advisory Boards also review the worksheet.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the TDU Evaluation Worksheet, as revised, and direct that the Ag and Environmental Advisory Boards review the document.

Motion carried 2 - 0.

2. Management Planning Process: Ms. Cameron submitted and reviewed in detail the draft copy of the flow chart for the Management Planning Process for Open Lands, Parks and Trails and requested Board approval of same; she noted that the Open Lands Advisory Board also reviewed the planning process and recommended it come to the Board for adoption. Discussion followed and the Board recommended that a budget process be added to the management planning process.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Management Planning Process for Open Lands, Parks and Trails, with the addition of a budget process to the flow chart.

Motion carried 2 - 0.

3. Poudre/Big Thompson Rivers Legacy Grant Submittal: Ms. Cameron informed the Board that last January GOCO called to say they had additional funding for grant requests; in response to this notice of additional funds, the Poudre/Big Thompson Rivers Legacy Project partners submitted a funding request for $4.5 million, with a proposed match of $3.3 million to further the progress of the Legacy Vision. Ms. Cameron noted that if these grant monies are received, the $7.8 million would be spent to complete the remaining half mile of the Lake Estes Trail in Estes Park, complete an additional 3.25 miles of the Poudre River Trail in Weld County, acquire trail easements and complete approximately 3.5 miles of the Poudre River Trail from Taft Hill to Watson Lake, complete a trail underpass under I-25 in preparation for the trail that would go from Fort Collins to Windsor, protect an additional 400 to 500 acres of critical riparian habitat along the Poudre River, and assist with additional funding needs for the Environmental Learning Center. Ms. Cameron stated that this would be a partners project and the Larimer County portion would be the trail from Lions Park to Watson Lake and that request to GOCO is for $350,000 with a match of the same amount from the Open Lands Fund; she noted that the Open Lands Board is recommending approval of this expenditure if the grant is approved.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize the expenditure of $350,000 from the Larimer County Open Lands Sales Tax Fund for acquisition of trail easements and completion of approximately 3.5 miles of the Poudre River Trail from Lions Park to Watson Lake, if the GOCO grant is approved.

Motion carried 2 - 0.

Discussion items of a citizen's initiative for open space sales tax extension and bonding, Open Lands Advisory Board and Agricultural Advisory Board collaboration, Fossil Creek Reservoir Management Plan, and an Executive Session for discussion of land negotiations followed.

The meeting adjourned at 3:30 p.m.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

___________________________________

Gael Cookman, Deputy County Clerk

___________________________________

Sherry E. Graves, Deputy County Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.