Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, November 13, 2000

LAND USE MEETING

(#671)

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

Chair Pro-Tem Rennels stated that item #1-Loveland Commercial Plaza lots 1-6, block 1 & 2 Amended Plat #00-S1588 is requesting to be tabled to December 11, 2000 at 3:00 p.m.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table Loveland Commercial Plaza Lots 1-6, Block 1 & 2 Amended Plat #00-S1588 to December 11, 2000.

Motion carried 2 - 0.

Chair Pro-Tem Rennels also noted that the following items are consent and will not be discussed unless requested by the Board or members of the audience.

2. BENNET FARM PRELIMINARY RURAL LAND PLAN: 11-04-70; GENERALLY LOCATED 5 1/2 MILES NORTHWEST OF BERTHOUD ON THE NORTH SIDE OF COUNTY ROAD 8E, APPROXIMATELY 1/2 MILE EAST OF CARTER LAKE RESERVIOR).

This is a request to divide 157 acres into 8 single-family home sites (including the two existing home sites) ranging in size from 2 1/2 to 10 acres for a total of roughly 52 acres, and approximately 105 acres of private residual land (open space), protected by covenants for a minimum of 40 years. Staff findings are that 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 Bennet Farms 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 open space and wildlife habitat; 3. Careful location of residences; 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 O-Open 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 incentives (4 density bonus units) are allowed under the Rural Land Use Process. As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County. Those benefits are 1. Preservation of open space and wildlife habitat; 2. Homeowners association protective covenants with architectural controls; 3. Transportation capital expansion fees received from the project; 4. School and park fees received from the project; 5. Fewer residences than likely allowed through subdivision process; 6. 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 Bennet 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 continue to be dedicated and conveyed for public use; 2. Public water shall be provided for this project. A letter of commitment from 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; 3. A letter from the Berthoud Fire Department stating that they will accept the one point of access must be submitted prior to final approval; 4. Soil testing for at least two of the six new homesites must be completed prior to approval of the final plat; 5. 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; 6. 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; 7. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 8. Building envelopes shall be located on each lot; 9. 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; b) This development does not meet the County's standards of having a secondary point of access. By not providing the secondary access, the County does not view the development as meeting the minimum requirements for providing for the health and safety of the residents. (List note only if fire district approves one-point of access); c) 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; d) 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; e) 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), and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply; f) 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; g) 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; h) 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; i) 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; j) 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; k) 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; l) 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.

3. HAWUTHA HILLS RURAL LAND PLAN AMENDED PLAT FOR LOTS 1-7: 17-04-69; APPROXIMATELY 3 1/2 MILES EAST OF CARTER LAKE RESERVOIR, AT THE INTERSECTION OF NORTH COUNTY ROAD 23 AND WEST COUNTY ROAD 10.

Petitioner requests authorization to amend the building envelopes for Lots 1 through 7. Staff recommendation is that this proposal is consistent with the policies of Section 5.7-Amended Plat Process and Subsection 5.13.5-Final Plat and supports the Amended Plat for Lots 1-7 of Hawutha Hills R.L.U.P. and recommends approval with the following condition 1. Prior to footing and foundation permits, there shall be a certificate by a surveyor licensed in the State of Colorado confirming that the construction is within the building envelope designated on the amended plat for these Lots.

4. HODGES MINOR RESIDENTIAL DEVELOPMENT RIGHT-OF-WAY VACATION, LOT 3 - 00-S1670: SE 1/4 OF SECTION 28, TOWNSHIP 5N, RANGE 69W; LOCATED APPROXIMATELY 1.5 MILES NORTH OF LONETREE RESERVOIR, EAST OF INTERSECTION OF CR16 & CR21.

The applicant wants to place a fence around six contiguous parcels. The fence would intercept a right-of-way easement along the western boundary of Lot 3; the applicant wants to vacate the easement. Staff finds that the request meets the requirements of the Larimer County Land Use Code and therefore recommends that the Board of County Commissioners approve the vacation of the right-of-way easement located along the western property boundary of Lot 3, Hodges MRD, File #S1670.

5. EAST MULBERRY SUBDIVISION AMENDED PLAT OF LOTS 8 & 9 BLOCK 2 - 00-S1688: SW 1/4 OF SECTION 7, TOWNSHIP 7N, RANGE 68W; LOCATED ALONG THE EAST SIDE OF LINK LANE APPROXIMATELY 1/4 MILE NORTH OF THE INTERSECTION OF MULBERRY AND LINK LANE.

This is a request to add Lot 8, 50 feet wide, onto the southern portion of Lot 9, plus split off the eastern .37 acre of Lot 9. The .37 acre piece will be Lot 2 and the altered Lot 9 will be Lot 1. Staff recommends approval of the proposed amended plat of Lots 8 and 9, Block 2, East Mulberry Subdivision, File #00-S1668, with the following condition 1. The property owner must fulfill all of the Building Code Enforcement Department's requests for final building inspections under Permits 92-F1000, 96-F4877, and 96-F6717, in addition to renewal of Permit 90-F5361 in order to make building corrections.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Bennet Farm Preliminary Rural Land Plan #00-S1645; Hawutha Hills Rural Land Plan Amended Plat for Lots 1-7 #00-S1658; Hodges Minor Residential Development Right-Of-Way Vacation, Lot 3 #00-S1670; and East Mulberry Subdivision Amended Plat of Lots 8 & 9 Block 2 #00-S1688 as outlined above.

Motion carried 2 - 0.

The following item was tabled from October 2, 2000:

6. APPEAL OF A PLANNED UNIT DEVELOPMENT CONDITION - LAKE CANAL PLANNED UNIT DEVELOPMENT #00-G0014: 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.

This is an appeal to modify Condition 2 of the Findings and Resolution for the Lake Canal P.U.D. regarding the development's emergency access.' Staff findings are the 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 emergency access as proposed by the applicant has been studied by the by staff from the Planning Department, Engineering Department and the Fire Authority, and has been found to be acceptable. 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 approval of the Appeal to Condition 2 of the Lake Canal PUD (00-G0014) to not require complete construction of the emergency access road, as originally approved as part of the PUD, before any building permits are issued for the lots within the Lake Canal PUD subject to the following conditions 1. Emergency access for the Lake Canal PUD shall be permitted within the 17 foot sliver of the project site that lies between Highway 14 Frontage Road and the projects southern boundary subject to the following criteria a) Said emergency access shall be approved and constructed before any building permits are issued for the new lots in the Lake Canal PUD; b) The emergency access road shall be located in a 17-foot wide emergency access easement; c) The emergency access road shall be a minimum of 16 feet in width. The width of the Emergency access shall be free of any obstructions, including landscaping, and the maintenance and enforceability by the Property Owners Association shall be incorporated into the Covenants for the Development; d) A minimum of 15 feet of clearance shall be provided above the surface of the emergency access road surface. Clearance over the emergency access shall be free of any obstructions, including landscaping, and the maintenance and enforceability by the Property Owners Association shall be incorporated into the Covenants for the Development; e) The emergency access road shall be constructed of an all weather surface consisting 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 that the emergency access has been constructed to the above standard; f) 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); g) The emergency access easement shall not be encumbered by any obstructions including Landscaping, gates, bollards or other similar traffic control devices; h) The emergency access road shall be easily identifiable from the Highway 14 Frontage Road by signage or painting and "NO PARKING" signs shall be installed along the temporary emergency access; i) The emergency access road shall be subject to an appropriate maintenance agreement prepared by the owner of the Lake Canal PUD, and shall be legally binding and enforceable to ensure the continual quality of the road (also shall be addressed in the lot owners covenants); j) The emergency access road shall be reviewed, approved and constructed to the satisfaction of the Poudre Fire Authority, the Larimer County Engineering Department before any building permits are issued for individual lots within the Lake Canal Subdivision, and k) The emergency access easement shall remain in place until such a time when the permanent emergency access is constructed between Timberline Industrial Park PUD and Lake Canal PUD as originally approved, or until Delozier Drive is extended across the Lake Canal Ditch to the Wiecker Drive alignment. 2. The applicant shall dedicate the necessary right-of-way for the extension of Delozier Drive to the Wiecker Drive alignment; 3. The applicant shall provide the emergency access easement from the Timberline Industrial Park PUD to Delozier Drive as originally approved, but will not be required to construct the emergency access.

Mr. Lafferty noted that the Poudre Fire Authority, County Engineering and Planning staff all recommend the use of a temporary emergency access as outlined above. Much discussion ensued as to the original emergency access and if the land is required to be dedicated or reserved for the future buildout of the permanent emergency access.

Chair Pro-Tem Rennels suggested that "No Parking" signage also be required along the temporary emergency access.

Mr. DeLozier, the applicant, stated that he is in agreement with all recommendations of staff.

M O T I O N

Commissioner Disney moved that the Board of County Commissioner approve the Appeal of a Planned Unit Development Condition - Lake Canal Planned Unit Development #00-G0014 as amended and outlined above.

Motion carried 2 - 0.

  1. LAWRENCE ZONING VIOLATION #00-ZV1384: 3721 NORTH COUNTY ROAD 23E, LAPORTE, CO.

The property is in violation of the Larimer County Land Use Code Section 4.1.1: Outside storage/junkyards are not permitted uses in an O-Open zoning district. 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 include 1. The property is zoned O-Open; 2. The use of the property as a junkyard/for outdoor storage is in violation of the Larimer County Land Use Code; 3. The use of the property as a junkyard/ for outdoor storage has become an eyesore for the neighbors; 4. 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 she still has not heard from the property owner after numerous attempts and that she has also become aware of outstanding building permits issues; which should be added to the staff recommendation.

Mr. Ken Lawrence, property owner, stated that he has known of the violation since approximately 1990; however since the closest neighbor is about 1 mile away and out of sight from the property, believes that County staff is harassing him. Mr. Lawrence noted that the "stuff" on the property has been there since 1948 and should therefore be grandfathered into the regulations.

Chair Pro-Tem Rennels clarified that, as a condition of receiving a building permit in 1997, Mr. Lawrence agreed to clean up the property if County staff left him alone. Mr. Lawrence replied in the affirmative and noted that he has removed some of the "stuff". Chair Pro-Tem Rennels asked how long it would take to finish clean-up efforts and Mr. Lawrence replied that it has taken 50 years to get the property this way and it will take a while to undo it.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners find that zoning violations, as well as a building permit issue exists, require compliance within 120 days, and authorize legal action if the deadline is not met. Building permit issues consist of a) vented crawl space; b) grading; c) additional beams; and d) a final electrical inspection.

Motion carried 2 - 0.

There being no further business, the hearing was adjourned at 3:30 p.m.

TUESDAY, NOVEMBER 14, 2000

ADMINISTRATIVE MATTERS

(#671)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Larry Timm, Director of Planning; Rob Helmick, Senior Planner; K-Lynn Cameron, Manager of Open Lands; Marc Engemoen, Public Works Director; Doug Ryan, Environmental Planner; Shelley McGraw, Office on Aging Program Manager; Laurel Kubin, Extension Director; Joni Friedman, Workforce Center Director; Donna Hart, Commissioner's Administrative Manager; and Deni La Rue, Community Information Officer.

1. PUBLIC COMMENT: The Board is available for Public Comment from 9:00 - 9:30 a.m.

  1. APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 6, 2000:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of November 6, 2000 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 20, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the schedule for the week of November 20, 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 November 14, 2000:

ACTION ITEMS: Request from Clerk and Recorder in Elections for a Limited Term Employee (LTE) extension through December 31, 2000; Request from Human Resources for a Waiver of the Leave Policies to permit employees designated as United Way Campaign Representatives to have a paid day off.

C00-59 CONTRACT AMENDMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BELMIRE SPRINKLER AND LANDSCAPING, INC. FOR SNOW REMOVAL

R00-244z FINDINGS AND RESOLUTION APPROVING THE HACKER REZONING

R00-245s FINDINGS AND RESOLUTION APPROVING THE VACATION OF UTILITY EASEMENT IN SIGNET PUD 1ST FILING, LOT 13

R00-246s FINDINGS AND RESOLUTION ELIMINATING BUILDING ENVELOPES IN THE THUNDER MOUNTAIN PARK PUD

R00-247g FINDINGS AND RESOLUTION APPROVING A BOUNDARY LINE ADJUSTMENT FOR THE ELLEN WALSH HURLEY TRUST

R00-248s FINDINGS AND RESOLUTION APPROVING STREET NAMING IN ROCKWOOD ESTATES

R00-249s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR TRAILS AT VISTA BONITA PUD

MISCELLANEOUS: Staley/Poudre School MLD

LIQUOR LICENSES: The following licenses are issued Windjammer Liquors- 6%- Loveland, CO; 7-Eleven, Inc. #32276- 3.2%- Fort Collins, CO.

Motion carried 3 - 0.

5. PROCLAMATION FOR FAMILY CAREGIVERS MONTH: Ms. McGraw requested Board approve to proclaim November as Family Caregivers Month and Commissioner Rennels read the proclamation for the record.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim November as Family Caregivers Month.

Motion carried 3 - 0.

6. COLORADO ASSOCIATION OF FAIRS AND SHOWS- FAIR PERSON OF THE YEAR AWARD:

Ms Kubin stated that this is the first year this award has been presented and that Paula Morehouse, Larimer County Extension Office, has been selected. The Board acknowledged Ms. Morehouse's on going commitment to the County Fair.

7. 60 MONTH CLOCK- COUNTY DEFINED ACTIVITIES POLICY:

Ms. Friedman and Ms. Riley stated that a committee had been formed, consisting of 3 employees from Human Services and 3 employees of the Workforce Center, to address the 60-Month Clock issue; which is a result of welfare reform. Mr. Schlaegl stated the State has requested a copy of this policy and that part of it may be used in a statewide policy.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the policy which covers options available for exemptions from the 60-month life-time limit from TANF benefits that meet State and Federal requirements as currently defined.

Motion carried 3 - 0.

8. REQUEST FOR PERSONNEL POLICY WAIVER FROM THE WORKFORCE CENTER:

Ms. Friedman stated that a position had become available in the Workforce Center and that due to expressed interest within the Center; the position was offered to employees within the Center only and filled. Ms. Friedman further noted that this was in error of current County policy and that the position should have been opened countywide. Ms. Friedman therefore is requesting a waiver of the personnel policy.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a waiver on Promotional Opportunity Chapter 2 Section 204 for the Workforce Center.

Motion carried 3 - 0.

9. LONG TERM MANAGEMENT COST FOR THE OPEN LANDS PROGRAM:

Ms. Cameron requested Board approval of the recommendation by the Open Lands Advisory Board regarding long-term management costs for the Open Space Program. The model to be used, Ms. Cameron continued, is the 8/6 and 6 Model: Variable withholding, 6% revenue increase, and 6% expense increase. In this model, 23% is withheld for 2001-2003 and 30% is withheld annually thereafter. Revenue increase is 8% for 2001-2003 and 6% thereafter. Expense increase is 6%. Ms. Cameron noted that the Open Lands Advisory Board believes this model will provide for management over the life of the tax plus a two year buffer or a total of 24 years.

Commissioner Disney suggested a comparison between this model and the private sector be provided for future reference.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the recommendation of the Open Lands Advisory Board for the long term management costs for the Open Lands Program.

Motion carried 3 - 0.

10. WATER RIGHTS IN MANOR RIDGE ESTATES:

Mr. Engemoen stated that when Manor Ridge Estates was developed, a buffer was approved between the development and SH 287; which was to be maintained by the County. A share of Louden Ditch water was available to the County for irrigation of the buffer; however it has remained in a native state and has not been irrigated. Mr. Engemoen noted that the County has controlled noxious weeds within the buffer by mowing but has never utilized the share of water. At this time, Mr. Engemoen continued, the HOA of Manor Ridge Estates is requesting to relinquish the County's right to use the HOA's share of water to irrigate the open space. The HOA has stated they have no need for the water to maintain landscaping within the development; however there is a need to maintain portions of the roads within the development. The HOA is requesting the County allow them to lease or sell the water stock so they may use the proceeds to maintain their roads.

Commissioner Rennels asked if the HOA was paying the associated costs of the water stock and Mr. Engemoen replied in the affirmative. Commissioner Rennels noted that continually putting money toward something that is not used is a waste, but expressed concerns over the sale of the stock and preferred the HOA be allowed to lease the water and use the profits for road maintenance and the County be provided first right of refusal should the HOA decide to sell the stock.

Commissioner Disney suggested staff evaluate the potential lease income and suggested the following scenario: If Larimer County purchased the water stock- leased it out- and once the purchase debt is repaid via lease income, any future income could be used to offset maintenance costs of the buffer and/or other open space maintained by the County. Chair Olson and Commissioner Rennels concurred and Mr. Engemoen noted that he would meet with the president of the HOA to see if an agreement could be reached.

11. WORKSESSION: Ms. La Rue updated the Board on events for the opening of the time capsules.

  1. COMMISSIONER REPORTS: None
  2. LEGAL MATTERS: None

There being no further business, the meeting adjourned at 11:15 a.m.

_________________________________

CHERYL OLSON, CHAIR LARIMER

COUNTY BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

(S E A L)

A T T E S T

________________________________

Jean M. O'Connor, Clerk to the Board

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