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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, April 21, 2003

LAND USE HEARING

No Audio Available

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Geniphyr Ponce-Pore, Karin Knauf, and Sarah Flick, Planning Department; Jim Reidhead, Rural Land Use Center; Christie Coleman and Traci Downs, Engineering Department; Doug Ryan, Health Department; David Ayraud, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Bender noted two Administrative Matters consent items have been presented for approval a deed and a promissory note both regarding the Betty Jo Culver Open Lands property.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the consent agenda as presented.

Motion carried 3 - 0.

04212003A001 PROMISSORY NOTE BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BETTY JO CULVER

04212003D001 DEED OF TRUST BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BETTY JO CULVER

Chair Bender noted the first item Redstone Canyon Street Name Change, was tabled from February 3, 2003 and is now presented as a consent item. Chair Bender stated this item would not be discussed unless requested by the Board or members of the audience.

1. REDSTONE CANYON STREET NAME CHANGE: REDSTONE CANYON, APPROXIMATELY THREE MILES WEST OF HORSETOOTH RESERVOIR, IN SECTIONS 9, 10, 15, 21, 22, 23, 26-28, 34, 35 -7-70 AND 3-6-70

This is a request to name twenty private roads in Redstone Canyon Subdivision. Staff recommendation is to approve the 20 street names.

Chair Bender noted the following items are consent and would not be discussed unless requested by the Board or members of the audience.

2. ABRAMS LAKE MINOR LAND DIVISION: SE 1/4 OF SECTION 1, TOWNSHIP 4 NORTH, RANGE 69 WEST: LOCATED ON THE NORTH SIDE OF COUNTY ROAD 12 AND ON THE WEST SIDE OF COUNTY ROAD 904 (COUNTY LINE ROAD)

This is a request to divide a 44.14-acre parcel into 2 lots. Lot 1 is proposed at 6.99 acres for single family residential purposes, Lot 2 will be 37.15-acres and remain undeveloped until additional review under the Land Use Code is completed. Staff finding is that the Abrams Lake Minor Land Division complies with the Review Criteria for Minor Land Divisions as contained in Section 5.4.3 of the Larimer County Land Use Code. Staff recommendation is approval with the following conditions and authorize the chairman to sign the plat when the conditions are met and the plat is presented for signature 1. Prior to the recordation of the MLD Plat the applicant shall address the Engineering Comments from Dale Greer in the referral letter dated April 2, 2003; 2. Prior to the recordation of the MLD Plat the applicant shall address the Engineering Comments

3. ALEX PLACE NAME CHANGE (REVIEW AS MISTY PLACE SNC): NW 1/4 2-9-68. APPROXIMATELY 1/4 MILE EAST OF I-25, AND 5 MILES NORTH OF WELLINGTON

This is a request to name a street that serves four parcels. Staff recommendation is approval of the proposed street name, Alex Place, located in the Northwest 1/4 of Section 2, Township 9N, Range 68W.

4. AMENDED PLAT OF LOTS 1 ANDS 2, BLOCK 1 CARTER LAKE VALLEY: NE 1/4 OF THE NW 1/4 OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 70 WEST OF THE 6TH PM, LARIMER COUNTY, CO. AT THE SOUTHEAST CORNER OF THE INTERSECTION OF COUNTY ROAD 31 AND WARK ROAD, SOUTH OF CARTER LAKE AND EAST OF BERTHOUD IN THE CARTER LAKE VALLEY SUBDIVISION

This is a request for an amended plat of Carter Lake Valley to combine Lots 1 and 2 of Block 1 into one lot. Staff recommendation is approval subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature 1. The Final Plat shall be recorded by October 21, 2003 or this approval shall be null and void; 2. Minor changes as requested by Dale Greer of Larimer County Engineering shall be made prior to recordation of the plat.

5. AMENDED PLAT OF LOTS 1 AND 2 OF LEVI ACRES SUBDIVISION: GENERALLY LOCATED SOUTHWEST OF THE CITY OF LOVELAND, AT THE SOUTHEAST CORNER OF THE INTERSECTION OF COUNTY ROAD 14, AND COUNTY ROAD 23, IN THE NW 1/4 OF SECTION 5, TOWNSHIP 4 NORTH, RANGE 69 WEST

This is a request for an amended plat to reconfigure the common lot line between Lots 1 and 2 of the Levi Acres Subdivision. Staff recommendation is approval subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature 1. The Final Plat shall be recorded by October 21, 2003 or this approval shall be null and void; 2. Minor technical changes required by Dale Greer, of Larimer County Engineering, be made prior to recordation of the mylar.

6. LEHMANN PRELIMINARY RURAL LAND PLAN: 24-09-68; GENERALLY LOCATED 2 MILES NORTHEAST OF THE TOWN OF WELLINGTON, APPROXIMATELY 1 1/2 MILES EAST OF INTERSTATE 25, ABOUT 3/4 MILE NORTH OF THE INTERSECTION OF COUNTY ROAD 3 AND COUNTY ROAD 66 ON THE EAST SIDE OF COUNTY ROAD 3.

This is a request to divide 76+/- acres into three (3) new lots-two (2) single-family residential lots on about 10 acres (each lot being 5 acres in size) and one (1) Residual Lot (private open space) on about 66 acres that will include an 11-acre building envelope for one single-family dwelling and agricultural support buildings. The Residual Lot will be protected from further development for a minimum of 40 years by a protective covenant.

Staff findings are that the proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code. Support for the Lehmann 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; 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 FO-Forestry zoning of the property and the general development pressure within the immediate area for use-by-right 35-acre division of land supports that this is an appropriate project.

The site-based incentives (1 density bonus units) are allowed under the Administrative Rural Land Use Process.

As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County. Those benefits are summarized 1. Protective covenant on residual land; 2. Preservation of open space; 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 and that the following contingencies be met prior to approval of final plat by the Board of County Commissioners 1. All roads constructed within the Rural Land Plan shall be in accordance with duly adopted Rural Land Use Process road standards in effect at the time construction is commenced. Design shall be prepared and stamped by a qualified professional engineer licensed in the State of Colorado. Internal roads may be contained in a private access and utility easement. All intersections to Larimer County Road 3 shall be placed on 1700-foot intervals. In order to adhere to this requirement, combine the three proposed assesses for the three lots and place this access at the crest of the hill on LCR 3. Road names and addressing shall meet standards in Section 5.11 of the Larimer County Land Use Code; 2. The limits of that flood plain need to be drawn on the final plat and labeled as "This area subject to flood plain regulations at the time of development or building application." Building envelopes for any new lot shall be located outside the flood plain area. If new single-family resident permits are requested, the flood plain regulations would be applied; 3. If public water is 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. OR If public water is not available and provided by on-lot wells, soil testing will be required prior to final approval to better determine the soil constraints and appropriate lot size. Reconfiguration of lot may be required at that time; 4. The residual land protective covenant and management plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval; 5. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 6. A fire protection plan must be submitted and approved by Emergency Services prior to final approval; 7. 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) A note regarding fire protection plan shall be included here depending on the approved plan; b) The limits of a flood plain area are drawn on the final plat and labeled as "This area subject to flood plain regulations at the time of development or building application." If new single-family resident permits are requested, the flood plain regulations would be applied in the area drawn on the map; c) 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; d) Engineered footings and foundations are required for new residential construction; e) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, 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; f) 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; g) 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; h) 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; i) 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; j) Larimer County has adopted a Right to Farm Resolution; k) 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 Fees (in lieu of dedication), Drainage Fees, and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply; l) Some or all lots in this development may include building envelopes. All structures must be located within these Larimer County approved building envelopes (if any), as shown on the approved subdivision plat; m) 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; n) 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; o) 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; p) Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement. The Developer and Larimer County executed this agreement in consideration of the approval of this Development. This Agreement was recorded immediately after this plat. All purchasers should obtain and read the Development Agreement.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing recessed at 3:05 p.m.

The Board reconvened at 6:30 p.m. with Larry Timm, Director of Planning; Chair Bender presided and Commissioner Rennels was present. Also present was Jean O'Connor, Recording Clerk.

  1. LARIMER COUNTY-CITY OF LOVELAND INTERGOVERNMENTAL AGREEMENT REGARDING GROWTH MANAGEMENT

Mr. Timm stated that the City of Loveland has requested this item be tabled to June 2, 2003 at 3:00 p.m. to allow additional time for negotiations with Johnstown.

MOTION

Commissioner Rennels moved that the Board of County Commissioners table the LARIMER COUNTY-CITY OF LOVELAND INTERGOVERNMENTAL AGREEMENT REGARDING GROWTH MANAGEMENT to June 2, 2003 at 3:00 p.m.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 6:35 p.m.

_________________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

________________________________

Jean M. O'Connor, Clerk to the Board

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