PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, November 20, 2000

LAND USE HEARING

(#673)

The Board of County Commissioners met at 3:00 p.m. with Larry Timm, Director of Planning; Chair Pro-Tem Rennels presided and Commissioner Disney was present. Also present were Sean Wheeler, Planner II; Jim Reidhead, Director of the Rural Land Use Center; Russ Legg, Senior Planner; Jeannine Haag, Assistant County Attorney; Sylvester Mabry and Traci Downs, Civil Engineers. Recording Clerk: Jean O'Connor.

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

1. AMENDED PLAT LOTS 21 AND 22, OLYMPUS HEIGHTS SUBDIVISION: BELLEVUE DRIVE, NORTH OF HIGHWAY 34, WITHIN THE UNINCORPORATED ESTES VALLEY.

This is a request to amend Lots 21 and 22 of Olympus Heights Subdivision to adjust the property line between the lots to equalize lot size. The intention is to provide a larger development area on Lot 22. Staff findings include 1. The applicant is requesting to amend the platted Lots 21 and 22 of Olympus Heights Subdivision by shifting the internal lot line approximately 30-feet to the north, thus increasing the size of Lot 22 and reducing the size of Lot 21; 2. There is an existing residential structure located on Lot 21, and the lot line adjustment is proposed to maintain an adequate side yard setback as established for this zoning district; 3. Neither lot conforms to the minimum lot size established with the Estes Valley Development Code, nor neither lot would conform after the internal boundary line adjustment. However, as both lots are legal lots of record and no new lots are being created, it is the opinion of Community Development Staff that the internal lot line adjustment should be granted; 4. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services; 5. It is the Town Attorney's recommendation that in order to comply with the existing Town policy that a condition for approval of this Amended Plat be that if in fact the Olympus Lodge Annexation is pursued and completed, that this property be required to be annexed to the Town at that time; 6. The Statement of Intent indicates the applicant proposes to built employee housing on the lot within two years. As the site is zoned for residential use, this is a legal use of the site, provided the use falls within the parameters of the definition of Household Living, as described in 13.2 in the Estes Valley Development Code. Staff recommendation is approval with the following conditions 1. Within thirty (30) days of the Board's approval of the minor subdivision, the developer shall submit the minor subdivision final plat for recording. If the minor subdivision plan is not submitted for recording within this thirty-day time period, the approval shall automatically lapse and be null and void; 2. An access easement shall be provided across Lot 22A to provide access to Lot 21A or a separate access easement shall providing access through Lot 16 to Lot 21A shall be recorded prior to hearing by the Board of County Commissioners; 3. The following note shall be placed on the plat: "The lots shown on this plat are within the Wildfire Hazard Area as delineated in the Estes Valley Development Code, and are therefore subject to review by the Larimer County Wildfire Safety Coordinator prior to issuance of building permits"; 4. The following note shall be placed on the plat: "In the event the Olympus Lodge Property should be annexed to the Town of Estes Park, the property represented with this plat shall become eligible for annexation to the Town at the discretion of the Town Board"; 5. Prior to recording with the Register of Deeds, the entire property shall be included within the Northern Colorado Water Conservancy District.

2. WALDO CONSERVATION DEVELOPMENT, PRELIMINARY PLAT: W 1/2 23-09-68; NORTHEAST OF WELLINGTON AND APPROXIMATELY 1 MILE EAST OF I-25, ON THE NORTH SIDE OF COUNTY ROAD #66.

This is a request for a Preliminary Plat for a Conservation Development to divide 35 acres into 3 lots for single family residential uses in the O-Open Zone District. Approximately 28 acres of land will remain in agricultural use, with the residential lots ranging in size from 2 to 3 acres. Staff recommends approval with the following conditions 1. The Final Plat of the Waldo Conservation Development shall be consistent with the information contained in the file, #00-S1563 or as modified by conditions of approval; 2. B. As part of the Final Plat application, the applicant shall provide a valid well permit from the Office of the State Engineer, Water Resources Division. The permit must supply all lots not served by public water in addition, all associated permits such as those which may be related to the irrigation ditch are the responsibility of the applicant; 3. The final Management Plan shall not place restrictions on the numbers of animals allowed on the residual land, except those required by existing regulations or as the regulations may be modified by the Board of County Commissioners. The requirement that the applicant notify the Board of County Commissioners in writing 90 days prior to the sale of Lot 1 shall also be removed; 4. The Disclosure Affidavit and Final Plat should include the standard reference notes to rural area issues and identify the existing livestock area to the west of Lot 2. They should also state that Larimer County has a "Right to Farm and Ranch" policy in effect. Finally, they should state that an engineered sewer system is required on Lot 2; 5. Add a 20-foot access easement for the North Poudre Irrigation Ditch. The applicant is also required to provide the Ditch Company with escrow monies to cover the costs of a new crossing should one be required over the ditch. The escrow money will be returned to the applicant when the Ditch Company has inspected the crossing and is satisfied with its design; 6. The applicant shall revise the Final Plat to include a shared access drive for Lots 2 and 3 along the northern property line between Lots 3 and 1, and connecting to the access and utility easement already shown along the eastern property line of the overall site; 7. The applicant shall revise the Final Plat to show a 60-foot dedicated right-of-way, instead of a 30-foot access and utility easement along the entire length of the eastern property line. To accommodate three lots accessing the road, the right-of-way will have a minimum 24-foot all weather surface for the length of the drive from County Road #66 to the north property line of Lot 3.

  1. THE LARIMER COUNTY LANDSCAPING GUIDE & PLANT LISTS, TECHNICAL SUPPLEMENTS TO THE LAND USE CODE.

This is a request for approval of the Larimer County Landscaping Guide and its associated Plant Lists as additions to the Technical Supplement of the Land Use Code. Both documents will provide guidance to applicants for development review. Staff findings include 1. The proposed Landscaping Guide and Plant Lists are required as a Technical Supplement to the Larimer County Land Use Code; 2. The proposed Landscaping Guide and Plant Lists will satisfy the requirements of the Larimer County Land Use Code. Staff recommendation is approval of the Larimer County Landscaping Guide and Larimer County Plant List as Technical Supplements to the Land Use Code.

4. SIMON PRELIMINARY RURAL LAND PLAN: 16-10-69; GENERALLY LOCATED IN THE BUCKEYE AREA, ROUGHLY 6 MILES NORTH OF THE TOWN OF WAVERLY, APPROXIMATELY 1/2 MILE WEST OF THE INTERSECTION OF COUNTY ROADS 19 AND 80.

This is a request to divide 70 acres into 3 single-family home sites of roughly 5 acres each (for a total of 15 acres) with 55 acres of private residual land, protected by a perpetual conservation easement, as required under the Rural Land Use Process. 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 Simon 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 ag land; 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 (1 density bonus unit) 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 irrigated ag land, 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 Simon 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; A Private Road Construction Permit must be obtained prior to any road construction. Internal roads shall be dedicated and conveyed for public use; 2. A letter from the Wellington Fire District stating that they will accept the one point of access must be submitted prior to final approval; 3. Public water shall be provided for this project. A letter of commitment from Northern Colorado Water Association 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. Seasonal ground water levels must be addressed by applicant and reviewed by the Health Department prior to final approval. Options for doing this include performing soil tests or using data from existing houses east of Lot 1; 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. Restrictive covenants, including architectural controls, and provisions for internal road maintenance and maintenance of existing privately maintained access road, 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. They should be designed to provide adequate room for the septic systems to be located a minimum of 100' from the ditch and to avoid existing drainages; 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) 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 submittedd) The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre R-1 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; 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.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Olympus Heights Amended Plat, Lots 21 & 22; Waldo Conservation Development #00-S1563; The Larimer County Landscaping Guide & Plant List #00-CA0019; and Simon Rural Land Plan #00-S1681 as outlined above.

Motion carried 2 - 0.

5. AMENDMENT OF LARIMER COUNTY/CITY OF FORT COLLINS INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS GROWTH MANAGEMENT AREA.

This is a request to amend the Intergovernmental Agreement with the City of Fort Collins. Staff recommendation is approval to amend the Intergovernmental Agreement with the City of Fort Collins.

Chair Pro-Tem Rennels noted that no public is present to comment on this item.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Amendment of the Larimer County/City of Fort Collins Intergovernmental Agreement for the Fort Collins Growth Management Area as presented.

Motion carried 2 - 0.

A00-160 AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS

TUESDAY, NOVEMBER 21, 2000

ADMINISTRATIVE MATTERS

(#673)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Pro-Tem Rennels presided and Commissioners Disney was present. Also present were Donna Hart, Commissioner's Administrative Manager; Deni La Rue, Community Information Officer; George Hass, County Attorney; Jeannine Haag and Linda Conners, Assistant County Attorneys. Recording Clerk: Jean O'Connor.

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

2. APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 13, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the minutes for the week of November 13, 2000 as submitted.

Motion carried 2 - 0.

  1. APPROVAL OF THE SCHEDULE FOR THE WEEKS OF NOVEMBER 27, 2000 AND DECEMBER 4, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the schedule for the weeks of November 27, 2000 and December 4, 2000 as amended.

Motion carried 2 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as published on the consent agenda for November 21, 2000:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Dahl; Fort Collins Mail Service; Gallegos; and Mais Vietnamese.

ACTION ITEMS: Approval of a Letter of Intent regarding Chimney Hollow (HP) property.

A00-161 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS FOR CABLE 27 TV SERVICES

A00-162 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LARIMER EMERGENCY TELEPHONE AUTHORITY (LETA) TO PROVIDE BACKUP DISPATCH FOR OTHER PUBLIC SAFETY DISPATCH CENTERS

C00-60 ADDENDUM TO CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JIM NYTES dba JIM'S CONSTRUCTION MATERIALS FOR SNOW REMOVAL IN CARRIAGE HILLS GID

R00-250g RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

R00-251g RESOLUTION REVOKING BOARD OF COUNTY COMMISSIONER'S POLICY- BCC P#1B- CREATING LARIMER COUNTY OFFICES IN WHICH APPOINTEES SERVE AT THE PLEASURE OF THE BOARD OF COUNTY COMMISSIONERS

MISCELLANEOUS: Glacier View Meadows 12th Filing, Lots 65 & 73 Amended Plat; Amended Plat of Lot 9 and the north 50-feet of Lot 8, Block 2 of East Mulberry Subdivision; Amended Plat of Parcels E & F of Parkview Subdivision.

LIQUOR LICENSES: The following licenses were approved Archer's Poudre River Resort- 3.2%- Bellvue, CO; Young's Liquor- 6%- Fort Collins, CO. The following licenses were issued City Limit Liquor- 6%- Fort Collins, CO; Red Feather Liquors-6%- Red Feather Lakes, CO; Fort Collins Moose Lodge #275- 6%- Fort Collins, CO; Sun Deck Restaurant- 6%- Estes Park, CO.

Motion carried 2 - 0.

5. RED FEATHER LAKES LIBRARY BOARD

Mr. Lancaster stated that the Red Feather Lakes Community Library Foundation has submitted recommendations for appointees to the Board of Trustees for the newly formed Library District. Trustees and terms are as follows: Bette Sailors- 1 year; Sandra Merritt- 2 years; David Smith- 3 years; Robert Miller and Marilyn Samuelson- 4 years; Ruth Kevan and Ann Smythe- 5 years.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the initial Board of Trustees for the Red Feather Mountain Library Distict for terms as stated above.

Motion carried 2 - 0.

Commissioner Disney suggested Mr. Lancaster draft a letter notifiying these people of their appointments.

  1. YOUTH RESOLUTION:
  2. Commissioner Disney read the Resolution Establishing a Policy Regarding Youth and the commitment of Larimer County to partnerships and strategies that enable youth to succeed as children and to become valuable adult members of our community.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve a Resolution Establishing a Policy Regarding Youth.

    Motion carried 2 - 0.

  3. COMMISSIONER REPORTS: None
  4. WORKSESSION:
  5. Mr. Lancaster presented the Board with recommendations from the Environmental Advisory Board (EAB) and the Agricultural Advisory Board (AAB) for future sending areas for the Transferable Density Unit (TDU) program.

    Mr. Lancaster provided the Board with a request from the EAB to expand their work program to include a proposal to develop information materials for rural residents. Chair Pro-Tem Rennels suggested that a member of AAB be included in the development of the materials and Commissioner Disney suggested a member of the Open Lands Advisory Board also be included. Consensus is that material developed is required to receive final Board of County Commissioner approval.

    Mr. Lancaster informed the Board that the City of Fort Collins had been asked to participate in a Resource Cities Program to share information with 3rd World Countries regarding water and solid waste. The City of Fort Collins in turn has requested the County participate due to County experience with solid waste (landfill). The City will participate with the Philippines and the USDA pays the cost of the program. Mr. Lancaster requested permission to sign an agreement to participate and the Board concurred.

  6. LEGAL MATTERS:
  7. Ms. Haag presented the Board with the following documents related to the County/ White Charitable Trust (Rim Rock) Transaction: First Amendment and Addendum to the Purchase Contract; First Right of Refusal and an Easement Agreement.

    A00-163 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE WHITE CHARITABLE TRUST FOR RIGHT OF FIRST REFUSAL

    A00-164 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JOHN V. WHITE, JR. AND MARABETH S. WHITE FOR AN EASEMENT

    C00-61 FIRST AMENDMENT AND ADDENDUM TO PURCHASE CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE WHITE CHARITABLE TRUST

  8. EXECUTIVE SESSION:

Ms. Haag suggested the Board go into executive session at 10:00 a.m. to discuss pending litiagation.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session to discuss pending litigation.

Motion carried 2 - 0.

Executive Session ended at 10:15 a.m.; the following action was taken:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a request by the County Assessor to hire Wes Foster, an MAI Fee Appraiser, to assist the County before the Board of Assessment Appeals; funding for which will come from the 2000 carryover.

Motion carried 2 - 0.

There being no furhter business, the meeting adjourned at 10:30 a.m.

________________________________

KATHAY RENNELS, CHAIR PRO-TEM

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, Recording Clerk