PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
Monday, February 26, 2001
LAND USE HEARING
The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Jeannine Haag, Assistant County Attorney; Matt Lafferty, Planner II; Claudia DeLude, Code Enforcement Officer; Mark Peterson, County Engineer; Traci Downs, Civil Engineer; and Jean O'Connor, Recording Clerk.
Tabled from February 5, 2001
This is a request for an amended plat to reduce the number of lots within the Loveland Commercial Plaza from 12 to 6, and to vacate the development right-of-way and abandon corresponding easements, which are to be replaced elsewhere on the site. Staff findings include 1. The proposed amended plat is in compliance with the Larimer County Master Plan and the Larimer County Land Use Code; 2. The amended plat is compatible with other development in the surrounding area; 3. Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by the amended plat. Staff recommendation is the approval of the Amended Plat for Loveland Commercial Plaza #00-S1588 including easement and right-of-way vacations and relocations subject to the following conditions 1. A new Development Agreement (Subdivision Improvement Agreement) must be executed and acceptable collateral submitted prior to the recording of the Amended Plat; 2. Construction plans for the on and off-site, such as roadway/intersection improvements, drainage improvements, and landscaping, must be submitted and approved by the County Planning and Engineering Departments prior to the recording of the Amended Plat; 3. A drainage report must be submitted and approved prior to the recording of the Amended Plat; 4. An agreement for discharging stormwater into the Louden Ditch shall be submitted and approved by the County Engineering Department and the Louden Ditch Company; 5. The project access from County Road 28 shall be of a right-in/right-out only configuration unless otherwise approved by the County Engineer and after consultation with the City of Loveland Engineer; 6. The applicant shall provide a copy of a CDOT approved access permit for the project entrance onto Highway 287, and the construction plans shall be consistent with such approved access permit; 7. The Colorado Department of Transportation (CDOT) shall review and approve the construction plans for improvements to the Highway 287 and County Road 28 (57th Street intersection.
Mr. Lafferty stated that all parties participated in discussions prior to the hearing and all agree to a modification of Condition #5 so the item could be considered as consent. Mr. Cliff Johnson, the applicant noted for the record that he agrees with the modification to #5; which stipulates the applicant may request an alternative access with the approval of the County Engineer and involvement with the City of Loveland.
Commissioner Gibson noted that the speed limit on SH 287 is 55 mph and access could be dangerous. Mr. Lafferty stated that the modification to condition #5 is for County Road 28 not SH 287.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve the Loveland Commercial Plaza Lots 1-6; Blocks 1-2 Amended Plat #00-S1588 as amended and outlined above.
Motion carried 3 - 0.
2. MUNIZ ZONING VIOLATION: 421 E. 57TH STREET, LOVELAND
This is an alleged violation the Land Use Code SECTION 4.1.1:Outdoor Storage is not a permitted use in the FA-Farming zoning district. Staff findings are 1. The property is zoned FA-Farming; 2. The FA-Farming zoning district does not permit outdoor storage; 3. The owner has not submitted proof to show the items being stored belong to him; 4. The Planning Commission denied a rezoning & mini storage approval in 1992; 5. The neighbors are concerned about the commercial storage lot appearance of this property; 6. The continued use, in violation of the Land Use Code, will affect property values in the neighborhood. Staff recommendation is 1. Find that a violation exists; 2. Require compliance within 30 days. Compliance would require that all vehicles, including but not limited to trailers, heavey equipment, trucks, and cars, which are not registered to the property owner, be removed. In addition, all miscellaneous outdoor storage uses on the property, not accessory/incidental to the single-family residence, must cease and be removed; 3. Authorize legal action if the deadline is not met.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners finds a violation exists and require compliance within 30 days and legal action if the deadline is not met.
Motion carried 3 - 0.
There being no further business, the hearing recessed at 3:30 p.m.
LAND USE HEARING CONTINUED
(#8 & 9)
The Board of County Commissioners reconvened at 7:00 p.m. with Larry Timm, Director of Planning at 7:00 p.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Jeannine Haag, Assistant County Attorney; Jim Reidhead, Director of the Rural Land Use Center; Traci Downs, Civil Engineer; Doug Ryan, Environmental Planner; Scott Cornell, Engineering; Don Griffith, Emergency Services; Mike Babbler, State Forest Service; and Jean O'Connor, Recording Clerk.
This is a request for preliminary approval to divide 420 acres into 19 single-family home sites ranging in size from 5 to 10 acres for a total of roughly 128 acres and to protect the remaining 292 acres from further development with a perpetual conservation easement. Staff findings include 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 Ristvue II 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 forestry management and implementation plan which will provide detailed prescriptions designed to reduce the wildfire danger along with promoting forest health; 3. Careful location of residences to have minimal impact on additional road construction and to allow for thinning of large area of forests to reduce wildfire hazard; 4. The plan is generally compatible with the existing neighboring land uses. 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 (7 density bonus unit) is 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. Protection of residual land with a perpetual conservation easement; 2. Preservation of forested lands including enforceable forestry management plan prepared by the Colorado State Forest Service to reduce wildfire hazard and promote forest health; a)Residential lots: Creation and implementation of comprehensive management plan (including priority areas on residual land) for a specific residential lot prior to issuance of building permit; b) Residual land: Current conditions, long-term management, forest prescriptions, long-term implementation, monitoring, and priority areas will be components of this plan; 3. Homeowners association protective covenants with architectural controls including provision for fire-resistive exterior construction, forestry density management to reduce fuel load on residential lots and maintenance of defensible space, residential sprinkling, and road maintenance; 4. Transportation capital expansion fees received from the project; 5. School and park fees received from the project; 6. Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels; 7. Creation of accessible emergency water supply approved by Rist Canyon Volunteer Fire Department (either paid with dry hydrant or water storage tank); 8. Creation of year around emergency access to upper end of Whale Rock area. Staff recommendation is approval of the Ristvue II Preliminary Rural Land Plan with 19 home sites (density bonus of 60%) and approximately 292 acres of residual land protected by a 40-year covenant. 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. A conceptual site plan, showing driveways, building envelopes, wells, and primary and replacement sewer systems be submitted and approved by the Larimer County Health Department prior to final plat approval; 3. Applicant will enter into contract with Colorado State Forest Service to prepare a management plan for the entire property-residential lots and residual land parcels-by time of project's final approval. Contract will outline anticipated scope-of-work and completion date(s); 4. An existing small pond will be enlarged and/or dredged per State Engineer's requirement and used for emergency water supply. A dry hydrant will be installed in a manner acceptable to RCVFD for fire access as part of the pond improvement. If this is not feasible, other emergency water supply arrangements will need to be made and approved by Tony Simons and RCVFD. All residences will be fire-sprinklered and a 1000 gal. holding tank installed in each home for a water reservoir for emergency, as well as domestic, use. A water storage tank, roughly 10,000 gal. in capacity, will not be required assuming the pond improvements outlined above are achieved. If pond improvements are not made, or are not successful, then the requirement for additional emergency water supply will be considered including, potentially, a storage tank; 5. Management plan will address: Residential lots: Prior to issuance of building permits on a specific residential lot, a comprehensive management plan will be required, and implementation completed. The management plan will provide detailed prescriptions designed to reduce the wildfire danger along with promoting forest health. Implementation of the management plan must be completed and approved by Wildfire Safety Coordinator before building permits will be issued. Long-term maintenance of forest density (fuel load) and defensible space will also be address in this plan. Residual land lots: Current conditions, long-term management, forest prescriptions, implementation, monitoring, and priority areas will be components of the forestry management plan. It was agreed that management plan prescriptions will be implemented for priority areas located on the residual land (usually with heavy fuel loads and downhill from residential lots) that may constitute a fire hazard for homes located on adjacent residential lots. These priority areas will be identified in the management plan and will need to be mitigated in conjunction with the thinning of the nearby affected lots. Notification of these requirements will be made to residential lot purchasers via Disclosure Notice and Homeowners' Association Covenants; a Development Agreement (the enforceable contract between the County and Applicant concerning how the project will be handled) will also refer to the management plan, including the lot thinning and defensible space requirement. As part of the Development Agreement, the County reserves the right, but not the obligation, to enforce the residual land management plan(s). All of these documents must be approved by the County Attorney and recorded at the Courthouse. If residual land is protected by a perpetual conservation easement, the land trust holding the easement (probably the Larimer Land Trust) will also collaborate with the owners of the residual land and the Colorado State Forest Service in monitoring of the residual land over time; 6. Road going into west (upper) end of Whale Rock will be constructed to Appendix G standards, but will be for emergency use only (not a through road); 7. Homeowners' association covenants must be reviewed and approved by the County Attorney prior to final plat approval. These covenants must specifically address internal road maintenance and the agreement to participate in the existing road association and pay a fair (pro-rata) portion of fees for improvements of access roads, if agreed to by the existing association; 8. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 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. Fire hydrants and/or a public water supply are not present to provide fire protection; b) Larimer County shall not maintain roads or streets in this development. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain streets may result in a lien being placed on these lots; c) Some or all lots in this development include building envelopes. All structures must be located within these Larimer County approved building envelopes, as shown on the approved subdivision plat. Prior to the approval of the footing and foundation inspection, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope. This shall be accomplished by a written certification by a Colorado Licensed Surveyor (form available from the Larimer County Planning Department). If the structure requires a county Setback and Use Permit rather than a building permit, this surveyor's certification is also required; d) Engineered footings and foundations are required for new residential construction; e) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; f) Well permits must be obtained from the Colorado Division of Water Resources prior to obtaining building permits. Mountain area water wells are known to show wide variations in the amount of water they produce. Once the wells have been developed, owners would be advised to perform water quality testing. Testing for coliform bacteria and nitrates is recommended; g) 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; h) 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; i) 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; j) 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; k) 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; l) 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; m) Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur. In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime; n) 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 should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding; o) Larimer County has adopted a Right to Farm Resolution; *10. A Weed Management Plan for the residual land shall be submitted and approved by the Rural Land Use Director prior to final plat.
Mr. Reidhead briefed the Board on concerns of referral agencies including wildfire hazards for the area.
Commissioner Bender asked if the applicant understood the difference between a 40-year covenant/conservation easement and a perpetual covenant/conservation easement and Mr. Reidhead replied in the affirmative. Commissioner Gibson asked if the secondary access connects to anything and Mr. Reidhead noted that the connection is to Whale Rock Road.
Commissioner Bender inquired about the Forest Management Plan and asked if there are any stipulations restricting building permits prior to fire mitigation. Mr. Reidhead stated that building permits for each separate lot, must be "signed off" by Mr. Simons, County Wildfire Coordinator, prior to issuance.
Commissioner Gibson asked if the adjacent property to the proposed Residual Lot B, which is currently excluded from any development, could be developed if/when that currently excluded parcel is developed and Mr. Reidhead stated that a perpetual conservation easement is proposed for Lot B and therefore itwill not be developed.
Mr. Eldor Paul, the applicant, stated that he does in fact understand the difference between 40-year covenant/conservation easement and a perpetual covenant/conservation easement and the latter is best suited for this development application. Discussions have been initiated, Mr. Paul continued with the Larimer Land Trust regarding this residual parcel. Mr. Paul also stated that he strongly disagrees with the Mr. Simons request for performance guaranteed funds with respect to implementation of a mitigation/management plan for the residual land. Mr. Paul stated that if he or a developer fail to comply with staff recommendations the County can then step in and require compliance.
Commissioner Bender asked if Mr. Paul realized the grazing lands are infested with leafy spurge and Mr. Paul stated no, and thanked him for the information, noting that he will address this weed issue.
Commissioner Gibson asked if the road improvements proposed are a cooperative effort and Mr. Paul stated that he has proposed to expand that portion of the road for which his land fronts, to 40-feet in width.
Chair Rennels asked if a plan exists for wildfire mitigation within the residual land minus a financial guarantee and Mr. Paul stated no, not at this time, but pending the outcome of this hearing, discussions regarding the contract with the State Forest Service will be initiated and completed prior to final approval by the Board of County Commissioners.
Mr. Reidhead reiterated that the contract with the State Forest Service must be in place prior to final approval, and that implementation of the prescriptions in the management plant will be on a per lot basis and must be completed prior to the issuance of any building permits.
At this time the hearing was opened for public comment and area residents had the following concerns: incompatibility and negative impact on existing residents, density is too high; lack of water for more wells in the area and the impact on existing wells; access issues for existing and proposed roads; clustering does not belong in the mountains, if there is a fire, they will all be lost due to the close proximity to each other; visual impact and light pollution; wildlife migration pattern and the impact to habitat. Most of the residents also noted that they prefer 35-acre developments in the area and are opposed to the "clustering" design. These residents are Mr. Bob Schneider; Ms. Kristina Pender; Mr. Steve Summers; Mr. Allen Anderson; Mr. Roger Dixtra; and Mr. Michael Randolph.
Mr. George Vidacs noted that he is one of the original 3 owners of the area and suggested the Board consider the "Big Picture" of the area. Mr. Paul noted that inadequate accesses currently exist in the area and urged the Board to postpone a decision on this application until such time that the issues/concerns raised have been addressed such as schools, water, and access. If Larimer County, Mr. Vidacs continued, approved this application, then Larimer County should improve the roads and take responsibility for their actions. Additional impacts to existing inadequate situations is irresponsible. Mr. Vidacs asked how any proposed plans would be enforced and who is responsible for the residual land? Perpetuity is a naive thought- intention in good, but is not realistic Mr. Vidacs stated.
Mr. Paul rebutted by noting that strict covenants prohibit reflective roofs and outdoor lighting is to be "shaded" and non-reflective. Mr. Paul stated that the professionals he has worked with on this proposal assure him that County minimum road standards can be met. However, it is unknown at this time is any variances will be required. Mr. Paul reiterated that he is willing to work with property owners along the road regarding improvements.
Commissioner Bender asked if Mr. Paul was only dividing the property and future owners of the lots will build. Mr. Paul replied in the affirmative and stated that the individual lot owners will be responsible for compliance with the covenants; which includes wildfire mitigation.
Commissioner Gibson asked why the access is proposed at Turkey Hill and Mr. Paul stated that Engineering requires a "circular" road and the proposed location is the only location to meet that requirement. Mr. Paul noted that site distance at the intersection would be improved and well as the installation of a stop sign. Commissioner Gibson noted that many concerns have been heard regarding traffic impacts and Ms. Downs stated that Engineering is recommending Davis Ranch Road and the internal roads be improved to comply with Appendix G standards.
Mr. Cornell stated that he has visited the site and walked the proposed road location, noting that the 3% grade applies to the internal roads not the access road (Davis Ranch Rd.). Mr. Cornell also noted that Davis Ranch Road was "grandfathered" and therefore does not need to comply with Appendix G. Mr. Cornell noted that if the application receives preliminary approval, he would work closely with the applicant's engineer.
Mr. Reidhead pointed out the following in comparison to 35-acre development 1. Appendix G would still apply if developed into 35-acre lots; 2. A development already exists in the area with a similar density so this application is not out of character with the neighborhood; 3. Condition #7 addresses Homeowners Association, covenants and road maintenance; and 4. If the land were developed into 35-acre parcels, 120 daily vehicle trips (DVT) would impact existing roads without any discussion of improvements. Therefore, this application is only adding 70 DVT. Commissioner Bender stated that he has seen cluster developments in the mountains in several other counties throughout the state and they exist just fine with wildlife and other elements of this type of lifestyle.
Chair Rennels asked staff to address thinning of fuel load and the contract with the State. Mr. Don Griffith stated that these issues have been thoroughly discussed and that the topography of the site makes it susceptible to fire. Mr. Griffith further noted that "cluster development" is the preferred configuration for mountainous terrain from a fire fighting standpoint, and that the proposed access improvements are acceptable. Mr. Mike Babler stated that the Forest Service would work closely with the applicant to reduce the fuel load; which in turn will be beneficial to the entire area.
Commissioner Bender stated that the biggest concern heard is the access road and noted that this application is for "Preliminary Plat" approval; and that all conditions proposed by staff must be met before the Board acts on a Final Plat.
Commissioner Gibson noted that road will be improved by the virtue of this process but if the applicant had chosen 35-acre development, there would be no improvements. Commissioner Gibson stated that the impact to the "improved access" would probably be insignificant.
Chair Rennels asked about the locked gate at the secondary access to Whale Rock Road and Mr. Griffith stated that emergency personnel could access these gates. Chair Rennels suggested a condition be added that would require the County Weed Districts approval of a "Weed Management Plan" and Mr. Reidhead stated that the Larimer Land Trust would ensure weed management.
Mr. Cornell stated that staff suggests the covenants also be required to address individual lot driveways comply with Appendix G.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve Ristvue II Preliminary Rural Land Plan #00-S1695 as presented by staff and outlined above.
Motion carried 3 - 0.
There being no further business, the hearing adjourned at 9:30 p.m.
* Item 10, in the conditions of approval, is an amendment to the original minutes. The Board of County Commissioners during Admin Matters on March 27, 2001 approved this amendment.
TUESDAY, FEBRUARY 27, 2001
(#10 & 11)
The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were George Hass, County Attorney; Linda Connors and Brian Treu, Assistant County Attorneys; Kate Trembley, Risk Management; Al Kadera, Planner II; Larry Timm, Director of Planning; K-Lynn Cameron; Open Lands Manager; Marc Engemoen, Director of Public Works; Dale Miller, Director of Road and Bridge; Donna Hart, Commissioner's Administrative Manager; Deni La Rue, Community Information Officer; and Jean O'Connor, Clerk to the Board.
1. PUBLIC COMMENT: The Board is available for public comment from 9:00 a.m. to 9:30 a.m.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of February 20, 2001 as amended.
Motion carried 3 - 0.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of March 5, 2001 as amended.
Motion carried 3 - 0.
M O T I O N
Commissioner Gibson moved that the following documents be approved as presented on the consent agenda for February 27, 2001:
ACTION ITEMS: Appointment of George Reed to the Agricultural Advisory Board for a 3-year term effective February 27, 2001 through June 30, 2004; Extension of terms for Michael Doten, Linda Hoffmann, Ed Lawler, Ray Mehaffey, Kimberly Stenberg, Carol Story Uthmann and Liam Weston to the Land Use Code Citizens Technical Monitoring Committee through June 30, 2002; Appointment of Tom Jackson to the Rural Land Use Board to fill a vacancy, due to a resignation, for a term effective February 27, 2001 to June 30, 2002; Re-instatement of an expired position in the Information Management Service Department effective March 1, 2001 for a full time position to support and oversee the Service Center.
ABATEMENTS: As recommended by the County Assessor, the following petitions for abatement are approved Ingraham; McCray; J&D Enterprises; and Barth.
A01-33 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HOWARD AND LOU ANN DELOZIER FOR LAKE CANAL SUBDIVISION
A01-34 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COTTON SHORES II, LLC FOR VISTA @ COTTONWOOD SHORES II PUD
A01-35 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CORRECTIONAL FOODSERVICE MANAGEMENT TO PROVIDE FOOD SERVICE FOR INMATES
C01-12 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ISLAND GROVE REGIONAL TREATMENT CENTER, INC TO PROVIDE DETOXIFICATION SERVICES
C01-13 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE VILLA, INC FOR THE PLACEMENT OF LARIMER COUNTY CLIENTS FOR COMMUNITY CORRECTIONS SERVICES IN WELD COUNTY
C01-14 SUB-CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GARFIELD COUNTY COMMUNITY CORRECTIONS BOARD
C01-15 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS FOR ENERGY AND MINERAL IMPACT ASSISTANCE FUND
MISCELLANEOUS: Shilo Falls Subdivision Final Plat; Vista @ Cottonwood Shores II PUD Final Plat; Lake Canal Subdivision Final Plat.
LIQUOR LICENSES: The following license was approved Carter Lake Marina, Inc- 3.2%- Loveland, CO. The following licenses were issued Scorched Tree Bed and Breakfast- 3.2%- Bellvue, CO; Horsetooth Marina Resort- 3.2%- Fort Collins, CO.
Motion carried 3 - 0.
Mr. Miller stated that the Finance and Road and Bridge Departments (R&B) agree that R&B has a major portion of the responsibility for the implementation of the infrastructure valuation and reporting portions of several up coming projects. Therefore, Mr. Miller continued, R&B is requesting approval to add one full time, self-funded Accounting Technician 1 to the R&B Department. Mr. Miller noted that the position has been budgeted for because heretofore has been filled by hiring temporary employees.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve the addition of one full time, self-funded Accounting Technician 1 to the Road & Bridge Department.
Motion carried 3 - 0.
6. CONSIDERATION OF INTERGOVERNMENTAL AGREEMENT ON STREET NAMING:
Mr. Lancaster stated that a grant was received from the Larimer Emergency Telephone Authority (LETA) for the development of a database for street naming; which is accessible by municipalities as well as developers. The Intergovernmental Agreement (IGA) is between Larimer County, Estes Park, City of Loveland, City of Fort Collins, Timnath, Wellington, Johnstown, Windsor, and Berthoud and provides standards for naming streets as well as prohibiting duplication of street names.
Commissioner Gibson asked if the influence areas of municipalities will carry the city street name and Mr. Lancaster noted that Larimer County has agreed to go with the city name in Growth Management Areas and the County Road number in the unincorporated areas. Mr. Lancaster further noted that this IGA requires the naming of roads within 35-acre developments.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the IGA with the above named municipalities regarding standardization of street naming protocol.
Motion carried 3 - 0.
A01-36 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WELLINGTON, TIMNATH, JOHNSTOWN, BERTHOUD, WINDSOR, CITY OF FORT COLLINS AND CITY OF LOVELAND CONCERNING THE STANDARDIZATION OF STREET NAMING
7. WORK SESSION: Mr. Lancaster noted that he had information regarding Commissioner Gibson's request to research the possibility of a "Time Clock" for citizens during public hearings. The most higher end clock, Mr. Lancaster continued, is $717 and the lower end is $199 and that both would serve the purpose. Consensus of the Board is to approve the $199 timer; for which carryover funds will be re-budgeted to cover the cost.
Mr. Lancaster stated that the Environmental Advisory Board (EAB), at their February meeting, received a presentation from the City of Fort Collins concerning the upcoming project to re-designate Fort Collins as a carbon monoxide air quality attainment area. The Chair of EAB, Mr. Lancaster continued, is requesting the Board appoint Mr. Kevin Gurney as the County's temporary representative to the Fort Collins Air Quality Advisory Board for the purpose of completing the project.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners appoint Mr. Kevin Gurney to the Fort Collins Air Quality Advisory Board for the purpose of completing the Fort Collins carbon monoxide re-designation project.
Motion carried 3 - 0.
Mr. Lancaster stated that an employee in the Fleet Department is retiring and that Fleet is therefore requesting an additional position for one month to allow time to learn the job.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve an additional position in the Fleet Department for one month.
Motion carried 3 - 0.
Mr. Kadera stated that Cloverleaf Kennel Club is requesting to hold a one-time charity-boxing event in April, however the Club is not zoned for such and there is no time for the establishment to apply for a special exception or special review. At one-time, Mr. Kadera continued, the Club had received a "blanket" approval for such events by the Board of Adjustment, however that approval expired last year and the Club did not pursue further approval. Consensus of the Board is to not object to the one-time charity-boxing event in April.
Commissioner Gibson stated that he was asked if a dog shelter could be moved to the dog track and Mr. Kadera noted that the Club is currently a legal non-conforming use and that the addition of a kennel would be considered an "expansion" of the non-conforming use. Therefore the kennel would not allowed without going through the review process or annexation by the City of Loveland.
9. LEGAL MATTERS: Ms. Cameron stated that several conversations have taken place between different parties regarding specifics within the ballot language of the 1995 Open Space Sales Tax Initiative. Therefore, Ms. Cameron continued, the County Attorney and staff would like to discuss and clarify for the Board the following language of that initiative 1. Allowable uses of the tax; 2. Interpretation of "Long Term"; 3. Definition of "Improvements"; and 4. Explanation of "Perpetuity of Conservation Easements. Much discussion ensued regarding these topics.
Mr. Timm stated that the City of Loveland is asking if Larimer County would agree, at least in concept, to sharing the cost of amended plats when current enclaves are annexed. The approximate cost, Mr. Timm continued, is $85,000 over the next few years. Consensus of the Board is to agree in concept and noted that these funds need to be budgeted for the next few years.
Mr. Kadera stated that a building permit was mistakenly been issued to an illegal lot in the Buckhorn area. The owner of this lot is now applying for a well permit but needs an exception; which would make the lot legal, but takes time and money. Mr. Kadera reiterated that the problem is due to an error by staff in researching the parcel. Consensus of the Board is to assist the property owner in every way since the County made the error.
M O T I O N
Commission Bender moved that the Board of County Commissioners go into executive session at 11:30 a.m. to discuss pending litigation.
Motion carried 3 - 0.
Executive session ended at 12:00 p.m., no action was taken.
KATHAY RENNELS, CHAIR
BOARD OF COMMISSIONERS
MYRNA J. RODENBERGER
CLERK AND RECORDER
(S E A L)
A T T E S T
Jean M. O'Connor, Clerk to the Board