PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, October 2, 2000

LAND USE MEETING

(#657)

The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Jim Reidhead, Director of the Rural Land Use Center; Rob Helmick, Senior Planner; Matt Lafferty, Planner II; Claudia DeLude, Code Enforcement Officer; Jeannine Haag, Assistant County Attorney; Rex Burns, Project Engineer; Sylvester Mabry, Civil Engineer; and Doug Ryan, Environmental Planner. Recording Clerk: Jean O'Connor.

Chair Olson stated that the Following items are consent and will not be discussed unless requested by the Board or members of the audience.

1. MORNING STAR FARM RLUP RELEASE OF COLLATERAL: 35-05-68; APPROXIMATELY 1 1/4 MILES EAST OF JOHNSON'S CORNER ON COUNTY ROAD 16.

This is a request for the Release of Collateral for improvements to project's road base surfacing. Staff recommendation is approval the release of collateral for the Morning Star Farm RLUP in the amount of $9,000.00.

2. FRY MINOR RESIDENTIAL DEVELOPMENT (MRD) UTILITY EASEMENT VACATION: 30-04-69; ON THE NORTH SIDE OF CR #4, SOUTHWEST OF THE TOWN OF BERTHOUD

This is a request to vacate and relocate an existing 10-foot wide by 303.5-foot long utility easement that runs down the middle of Lot 2 of the Fry MRD. Staff findings include 1. The proposed easement vacation and relocation is in compliance with the Larimer County Land Use Code; 2. The easement vacation and relocation is compatible with other development in the surrounding area; 3. Approval of the easement vacation and relocation 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 easement relocation. Staff recommendation is approval of the request to vacate a 10-foot by 303.5-foot long utility easement in Lot 2 of the Fry Minor Residential Development, and to relocate said utility easement to the eastern property line of Lot 2 as shown in File #00-S1632.

  1. LETITIA LAKE SUBDIVISION ACCESS EASEMENT VACATION: 27-10-73, WITHIN THE LETITIA LAKE SUBDIVISION, OFF OF COUNTY ROAD #74E.
  2. This is a request to vacate a shared access easement between 5 lots in the Letitia Lake Subdivision. The effected properties include Lots 1, 6 & 7 in Block 2, along with Lots 6 & 7 in Block 5. Staff findings include 1. Provided the owner of Lot 7 / Block 2 agrees to the request, the proposed easement vacation will comply with the Larimer County Land Use Code; 2. Provided the owner of Lot 7 / Block 2 agrees to the request, approval of the easement vacation will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 3. The easement vacation will not adversely affect property values in the surrounding area, provided that all impacted owners agree to its being vacated. Staff recommendation is approval of the request to vacate an access easement between Lots 1, 6 & 7 in Block 2, and Lots 6 & 7 in Block 5 and which is bounded by Letitia Trail within the Letitia Lake Subdivision. This recommendation is subject to the following conditions 1. The owner of Lot 7 / Block 2, being the Quaintence Estate, must agree in writing to the proposed easement vacation, which would eliminate access to Lot 7 / Block 2. The lot must either be combined with an adjoining parcel, or be provided with a legal private access easement; 2. The applicant shall provide a utility notification sheet signed by the Poudre Valley Rural Electric Association, stating they have no objections to vacating the easement.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve Morning Star Farm Rural Land Plan release of collateral #98-RLP0022; Fry Minor Residential Development Utility Easement Vacation; and Letitia Lake Subdivision Access Easement Vacation #00-S1623 as outlined above.

    Motion carried 3 - 0.

  3. CHARLOTTE'S FARM PRELIMINARY RURAL LAND PLAN: 33-05-68; GENERALLY LOCATED 2 1/2 MILES WEST OF INTERSTATE 25 ON THE NORTH SIDE OF STATE HIGHWAY 60.
  4. This is a request for Preliminary approval to divide 70 acres into three single-family home sites on 15 acres and 55 acres of private residual land protected from further development by a 40-year covenant. Staff findings are 1. This proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code. Support for the Charlotte's Farm Preliminary Rural Land Plan is based on the following: 1. Applicant's planning and design rationale for the project, which is consistent with the RLUP; 2. Conservation values of the residual land, including preservation of existing agricultural use of majority of land; 3. Careful location of residences to have minimal impact on ag potential; 4. The plan is generally compatible with the existing neighboring land uses.

    Support for this proposed plan takes into consideration the various other land development and design options, particularly the 35-acre alternative, for which there is no County review. The greater number of residential units possible under the current FA-Farming zoning of the property and the general development pressure within the immediate area for use-by-right 35-acre division of land supports our belief that this is an appropriate project.

    The site-based incentive (1 density bonus unit) is allowed under the RLUP's Administrative Process.

    As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County. Those benefits are 1. Minimum of 40-year protective covenant on the residual land; 2. Consistent with newly-adopted Loveland Land Use Plan; 3. Preservation of existing ag operation; 4. Homeowners association protective covenants with architectural controls; 5. Transportation capital expansion fees received from the project; 6. School and park fees received from the project; 7. Fewer residences than likely allowed through subdivision process; 8. Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels.

    Staff recommendation is approval of the Charlotte's Farm Preliminary Rural Land Plan. The following contingencies must be met prior to approval of final plat by the Board of County Commissioners 1. Internal road design and other engineering requirements, including utilities, roads, right-of-way dedication, storm water plan, and erosion control plan, shall meet minimum design standards set forth in Appendix G of the Larimer County Road Manual. Design shall be prepared and stamped by a qualified professional engineer licensed in the State of Colorado with review and approval by County Engineering Department; Internal roads shall be dedicated and conveyed for public use; 2. Access permits off of State Highway 60 shall be obtained from Colorado Department of Transportation; 3. Public water shall be provided for this project. A letter of commitment from the Little Thompson Water District must be provided prior to final plat approval. This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the District. If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code; 4. The residual land protective covenant and management plan must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval; 5. Homeowners' association covenants, including architectural controls, and provisions for internal road maintenance, must be reviewed and approved by the County Attorney prior to final plat approval; 6. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 7. Loveland Fire Protection Bureau's Minimum Fire Protection Standard with Fire Sprinkler Systems or Minimum Fire Protection Standard without Fire Sprinkler Systems shall be complied with; 8. Building envelopes will not, in any way, impact the historic irrigation drainage flows; 9. All new utilities will be placed underground; 10. The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase: a) Automatic fire protection sprinklers are required for all new residential structures or written permission for variance from this requirement from the fire district; (this note to be listed only if applicant chooses the minimum fire protection standards with fire sprinkler systems); b) Prior to footing and foundation permits, there shall be a certificate by a surveyor confirming that the construction is within the building envelope designated on the final plat; c) 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 for a radon tester, which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; d) The following fees shall be collected at building permit issuance for new single-family dwellings: Thompson R2-J school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fee (in lieu of dedication), Drainage fees, Loveland Drainage Basin fees (if applicable), and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply; e) At time of real estate closing, owner shall provide purchasers of residential lots and residual lands with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County; f) The owners of the residual land parcel shall be responsible for providing an annual monitoring report for the residual land to Larimer County Rural Land Use Center; g) Mosquitoes: During certain times of the year mosquitoes may present a significant nuisance. The County does not have a mosquito control program. Any spraying or other control will be the responsibility of the property owners; h) Wildlife: Wildlife such as skunks, snakes, and prairie dogs occur more frequently than in more built-up areas. Lot owners should be aware of these occurrences and be prepared to address them as residents if they arise. The County is not able to mitigate nuisances if they develop, although information on managing these issues is available; i) Prairie dog colonies do exist in the general area surrounding this proposal. Prairie dogs can be a nuisance if they migrate to developed residential property. The County does not perform prairie dog control, but can advise owners on how to obtain the services of licensed firms that do. At times prairie dogs are implicated in the transmission of plague to people or their pets. The County does monitor prairie dog colonies for evidence of plague. Animal control requirements for both dogs and cats should be observed; j) Adjacent agricultural uses: Farming practices on this and adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur; k) Horse pasture management: If livestock is to be kept on the smaller parcels, the owners must be aware that lots of this size must be managed very carefully in order to maintain grass cover in the pasture; l) Aerial spraying occurs in the area.

    Mr. Reidhead noted that the staff report for this item has the incorrect applicant and should be Ms. Suzan Van DeMark, 10545 County Road 5440, Rolla, MO, 65401. Mr. Reidhead stated that this application has been reviewed administratively, and is a sister project to Martha's Farm, which was recently approved.

    Commissioner Rennels inquired as to why there are two proposed residual land parcels. Mr. Reidhead stated that the residual lots are irrigated and will be farmed in conjunction with the two adjacent irrigated residual lots of Martha's Farm.

    Chair Olson asked why the two projects were not combined and Mr. Reidhead stated that the applicants' preferred the administrative process due to it being an expedited process and met the objectives of the two landowners. By having two projects, an additional unit is gained for each project for a total of 6 between the two applications rather than the likely potential of 8 residential units if brought through the full Rural Land Use Process.

    Ms. Van DeMark stated that the plan was designed to maintain the agricultural practices.

    Chair Olson noted that there is no public present to comment on this item.

    M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve Charlotte's Farm Preliminary Rural Land Plan #00-S1625 as submitted and outlined above.

    Motion carried 3 - 0.

  5. APPEAL OF PUD CONDITION - LAKE CANAL PUD: SW 1/4 OF 08-07-68: LOCATED ON THE NORTH SIDE OF THE HIGHWAY 14 FRONTAGE ROAD, APPROXIMATELY 2 MILES WEST OF I-25
  6. This is an appeal to modify Condition 2 of the Findings and Resolution for the Lake Canal P.U.D. regarding the developments emergency access. Staff findings are that Road Standards for the County have been adopted to ensure the health, safety and welfare of the public, and deviation from these standards is not in the best interest of the public. The dead end road length of the Larimer County Road Standard is 660 feet, and when dead end roads exceed 660 feet in length a secondary access is required. The dead end road in the Lake Canal PUD is 945 feet; thus the emergency access road is required.

    Modification of the physical standards of the emergency access road will not adversely affect the health, safety and welfare of the public, and will be constructed to accommodate standard emergency vehicles as utilized by the Poudre Fire Authority.

    Staff recommendation is denial of the Appeal to Condition 2 of the Lake Canal PUD (00-G0014) to not require complete construction of the emergency access road before any building permits are issued for the lots within the Lake Canal PUD.

    Staff recommends approval of the modification to Conditions 2 of the Findings and Resolution for the Lake Canal PUD (00-G0014) to read as follows:

    2. 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 16 feet in width; c. The emergency access road shall be constructed of 8 inches of compacted road base capable of supporting a 40-ton apparatus as utilized by the Poudre Fire Authority. The Larimer County Engineering Department shall inspect or receive certification by a registered Engineering the emergency access has been constructed to the above standard; d. The Emergency Access 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 of 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 City of Fort Collins, before and building permits are issued for individual lots within the Lake Canal Subdivision; i. No building permits will be issued within the Lake Canal Subdivision until the Emergency Access is fully constructed and approved.

    Mr. Lafferty stated that this project and another project called Timberline Industrial Park PUD were reviewed in conjunction with each other because staff and Poudre Fire Authority (PFA) require each to have a secondary access. Because neither project could meet that requirement, the projects were approved contingent on the secondary access, which would serve both applications. However, Mr. Lafferty continued, the applicant for Timberline Industrial Park PUD has requested and has been granted an extension of time to file a final plat. As a result, the applicant for this application is being required to obtain an easement from the applicant for Timberline Industrial Park PUD in order to build the entire secondary access.

    Mr. Delozier, the applicant, stated that funding for the required improvements is a factor in the construction of the secondary access, not to mention it is doubtful that the other applicant would grant an easement. Mr. Delozier noted that when this application was first reviewed, PFA was satisfied with the extra large cul-de-sac, which is still being proposed. Mr. Delozier suggested that he provide a temporary alternate secondary access through a 17-acre adjacent site, which he also owns.

    Mr. Lafferty stated that a temporary alternate access has not been reviewed but could be a short-term solution until the applicant for Timberline Industrial Park PUD is ready to move forward with a final plat.

    Chair Olson noted there is no public present to comment on this item.

    M O T I O N

    Commissioner Disney moved that Lake Canal Planned Unit Development- Appeal of Condition of Approval #00-G0014 be tabled to November 13, 2000 at 3:00 p.m. to allow staff and PFA to review a temporary alternate secondary access.

    Motion carried 3 - 0.

    Mr. Delozier noted for the record, that he agrees with this action.

  7. KESSLER ZONING VIOLATION: 370 W. COUNTY ROAD 54 AKA DOUGLAS ROAD, FORT COLLINS

This is an alleged violation of Section 4.1.1 Outside storage/junkyards are not permitted uses in an FA-Farming zoning district and the Definition Junkyard: "A facility for the display, storage, collection, processing, purchase, sale, salvage or disposal of used or scrap materials, equipment, junk vehicles, appliances or other personal property whether of value or valueless..." Staff findings are 1. The property is zoned FA-Farming; 2. The use of the property as a junkyard/for outdoor storage is in violation of the Larimer County Land Use Code; 3. The continued use of the property, in violation of zoning regulations, will affect property values in the area. Staff recommendation is to find a violation does exist, require compliance within 30 days, and authorize legal action if the deadline is not met.

Ms. DeLude stated that upon inspection of the site this morning, some of the outdoor storage had been moved to an adjacent lot.

Ms. Gloria Kessler, the property owner, stated that the storage is still on her parcel only and resented staff calling the lot a junk yard since the items are their livelihood and are only parked there overnight. Mr. Kessler requested additional time to bring the property into compliance and suggested the first of the year. Mr. Kessler noted that he intends to sell the vehicles and business and retire the first of the year.

M OT I O N

Commissioner Disney moved that the Board of County Commissioners find a violation exists and authorize legal action if compliance is not met by January 1, 2001.

Motion carried 3 - 0.

Chair Olson stated that item #7 Shipley Zoning Violation #00-ZV1402 has been withdrawn by staff since the violation no longer exists.

There being no further business, the hearing was adjourned at 4:00 p.m.

TUESDAY, OCTOBER 3, 2000

ADMINISTRATIVE MATTERS

(#658)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Tony Simons, Wildfire Coordinator; Matt Lafferty, Planner II; Larry Timm, Director of Planning; Claudia DeLude, Code Enforcement Officer; Stu VanMeveren, District Attorney; John MacFarlane, Park Ranger and Volunteer Program Manager; Randy Ratliff, Director of the Larimer Center for Mental Health; Kathy Snell, Director of Health and Human Services; Ginny Riley, Director of Human Services; Donna Hart, Commissioners' Administrative Manager; and Deni La Rue, Community Information Officer. Recording Clerk: Jean O'Connor.

1. PUBLIC COMMENT: The Board of County Commissioners is available to the public from 9:00 - 9:30 a.m.

  1. APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 25, 2000:
  2. M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of September 25, 2000 as submitted.

    Motion carried 3 - 0.

  3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF OCTOBER 9, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the schedule for the week of October 9, 2000 as submitted.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following documents as published on the consent agenda for October 3, 2000:

A00-135 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WIRELESS ADVANCED COMMUNICATION FOR TECHNICAL COMMUNICATIONS CONSULTING

A00-136 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LARIMER CENTER FOR MENTAL HEALTH FOR THE USE AND BENEFIT OF LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES

R00-206g RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

R00-207g RESOLUTION REGARDING THE RELEASE OF COLLATERAL FOR THE PLAT FOR MORNING STAR FARM R.L.U.P.

R00-208s FINDINGS AND RESOLUTION APPROVING THE VACATION OF UTILITY EASEMENT IN BIG VALLEY HOMESTEADS R.L.U.P.

R00-209g RESOLUTION FOR CONVEYANCE/QUIT-CLAIM DEED FOR SALE AND CONVEYANCE OF REAL ESTATE FOR COYOTE RIDGE NATURAL AREA PROPERTIES PER TERMS AND CONDITIONS OF INTERGOVERNMENTAL AGREEMENT

MISCELLANEOUS: Amended Plat of Lots 85 & 87, Crystal Lakes 5th Filing.

LIQUOR LICENSES: The following licenses were approved: Fargo County Road House- 6%- Fort Collins, CO; American Legion, George Beach Post #4- 6%- LaPorte, CO; Dun Raven Inn- 6%- Estes Park, CO; Horsetooth Liquor- 6%- Fort Collins, CO- Transfer of ownership; Al's Canyon Bar and Grill- 6%- Fort Collins, CO- Transfer of ownership.

Motion carried 3 - 0.

5. PRESENTATION OF CERTIFICATES OF APPRECIATION: Rick and Joyce Turley and their children Jeffery, Kimberly and Nathaniel were presented certificates of appreciation for their help in cleaning up trash at Horsetooth Reservoir.

The following Larimer County Parks Department employees were recognized and presented certificates for their assistance in a lifesaving event Labor Day weekend at Carter Lake: Dwan Shubert, Lifeguard; Park Rangers Vic Wilcox, Mark Caughlan, Wes Mumford and Friday Palinkx. Denver resident Jose Sierra who was visiting the lake that day also assisted these employees. Mr. Sierra noted that the drowning victim regained consciousness after two days in ICU and has made a full recovery.

6. PROCLAMATION FOR TURN OFF THE VIOLENCE DAY: Mr. VanMeveren requested the Board proclaim October 12, 2000 as Turn off the Violence Day.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim October 12, 2000 as Turn Off the Violence Day.

Motion carried 3 - 0.

7. NATIONAL DEPRESSION SCREENING DAY: Mr. Ratcliff requested the Board proclaim October 5, 2000 as National Depression Screening Day.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners proclaim October 5, 2000 as National Depression Screening Day.

Motion carried 3 - 0.

8. HEALTH AND HUMAN SERVICES COMMUNITY PARTNERSHIPS CONTRACT RECOMMENDATIONS: Ms. Snell and Ms. Riley presented the Board with recommended contracts based on the Health and Human Services Community Partnerships RFP process and requested Board approval.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the recommended funding of the Health and Human Services Community Partnerships contracts as presented.

Motion carried 3 - 0.

9. RESOLUTION CONCERNING AMENDMENT 24: Mr. Lancaster provided the Board with a resolution in opposition of Amendment 24.

M O T I O N

Commissioner Rennels moved that to authorize the Chair to sign a resolution in opposition of Amendment 24.

Motion carried 3 - 0.

R00-210g RESOLUTION OPPOSING AMENDMENT 24

10. WORK SESSION: Mr. Lancaster stated there would not be a meeting with the City of Loveland this month. Mr. Lancaster noted that the County is proposing to raise the fees at the Fort Collins/Loveland Landfill and the Transfer Station in Estes Park, and asked if the Board would like to hold hearings in both Estes Park and Fort Collins. Consensus of the Board was to hold hearings in both locations and in Estes Park in conjunction with the Budget hearing.

11. COMMISSIONER REPORTS: None

  1. LEGAL MATTERS: None

There being no further business, the meeting adjourned at 10:45 a.m.

_______________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY BOARD OF COMMISSIONERS

MYRNA RODENBERGER

LARIMER COUNTY CLERK AND RECORDER

(S E A L)

A T T E S T

_______________________________________

Jean M. O'Connor, Clerk to the Board