MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, September 15, 2003

LAND USE HEARING

(#183)

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 and Matt Lafferty, Planning Department; Bob Joseph and David Shirk, Estes Park Planning; Doug Ryan, Health Department; Christie Coleman, Engineering Department; Jeannine Haag, Assistant County Attorney; Dawn Stroh, Recording Clerk, and Jean O'Connor, Clerk to the Board.

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

1. WILLIS FARM SUBDIVISION APPEAL TO MODIFY THE DEVELOPMENT AGREEMENT SECTIONS THAT RELATE TO THE PROVISION OF NATURAL GAS: 35-04-69: ON THE NORTH SIDE OF COUNTY ROAD #2 AND WEST OF COUNTY ROAD #15 AT THE BOULDER COUNTY LINE

This is a request to modify Section 14 of the Development Agreement to state that natural gas for the residential lots will be provided via on-lot propane tanks, until the underground utility line becomes available. Staff recommendation is approval with the following conditions 1.Section 14 of the Development Agreement shall be changed to the language recommended by Staff, or modified by a Motion of the Board of County Commissioners, to allow the use of individual propane systems on all lots in the development; 2. When a natural gas utility line is in place adjacent to the site all lots must connect to the public utility, and the propane systems must vacated and removed; 3. Developer shall provide sufficient funds to pay for the physical connection to the utility service and the removal to the individual systems. The Homeowner's Association shall administer the account, which can not be used for any purposes other then the provision of infrastructure required to connect to the natural gas line; 4. All required connection fees by the utility service shall be the responsibility of the individual lot owners. Remaining funds after the required connections are complete shall be returned to Developer or his heirs.

2. WATERDALE APPEAL: 15-07-68; APPROXIMATELY 1/2 MILE EAST OF I-25 AND 1/4 MILE SOUTH OF THE INTERSECTION OF HIGHWAY 14 AND SUNCHASE DRIVE

This is a request for an appeal to Section 18.2.3.C.4 of the Larimer County Land Use Code, which establishes a minimum distance between structures. Staff finds that the appeal to Section 18.2.3.C.4 is consistent with the purpose and intent of the Larimer County Land Use Code. Staff recommendation is approval of the appeal.

3. AMENDED PLAT OF LOTS A AND B, KUNAU EXEMPTION: SE 1/4 OF 25-6-69, APPROXIMATELY 700' NORTH OF THE INTERSECTION OF E. 57TH STREET AND NORTH COUNTY ROAD 13

This is a request for an amended plat to realign the boundaries of two lots in the Kunau Exemption, and vacate an access and utility easement. Staff recommendation is approval with the following conditions and authorizes Chair to sign the plat when presented for signature 1. The Final Plat shall be recorded by February 15, 2004 or this approval shall be null and void; 2. Technical corrections requested by Dale Greer shall be made prior to recordation of the plat.

4. AMENDED PLAT OF THE INTERCHANGE BUSINESS PARK PUD LOTS 2 AND 3: NW 1/4 OF SEC. 15, T7N, R68W - LOCATED ON THE NORTH SIDE OF DENROSE COURT IN THE INTERCHANGE BUSINESS PARK, WHICH IS LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 14 AND I-25

This is a request for an amended plat to combine Lots 2 and 3 of the Interchange Business Park PUD. Staff findings include 1. The results of this action will be the reduction of one commercial use lot; 2. The resulting lots will conform to the minimum lot size requirements of the C (Commercial) Zoning classification. There are no and will be no non-conforming issues created by this action; 3. The proposed amended plat will not create any non-conforming setbacks; 4. The proposed amended plat will not change any existing drainage or access patterns; 5. All existing covenants and deed restriction applicable to the properties in question will remain in effect as noted on the proposed amended plat. Staff recommendation is approval with the following condition and authorizes the Chair to sign the plat when presented for signature 1. All conditions shall be met and the Final Plat recorded by March 7, 2004 or this approval is null and void.

MOTION

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

Motion carried 3-0.

5. AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE BLOCK SIX: ESTES VALLEY, INCLUSIVE OF THE TOWN OF ESTES PARK

This is a request to make a number of changes and corrections to the adopted Estes Valley Development Code located in the Estes Valley, inclusive of the Town of Estes Park. Staff recommendation is approval as presented.

Mr. David Shirk briefed the Board on the proposed amendments, which include the number of vehicles located on a parcel, and accessory structure sizes and employee housing.

MOTION

Commissioner Rennels moved that the Board of the County Commissioners approve the amendments to the Estes Valley Development Code, Block Six as presented in the staff report dated September 9, 2003.

Motion carried 3 - 0.

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

LAND USE HEARING

(#183)

The Board of County Commissioners reconvened with Rob Helmick, Senior Planner; Chair Bender presided and Commissioner Rennels was present. Also present were David Karan, Planning Department; Christie Coleman, Engineering Department; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; Jean O'Connor, Clerk to the Board; and Dawn Stroh, Recording Clerk.

6. YOUNG CONSERVATION DEVELOPMENT: NE 1/4 OF SECTION 26,

TOWNSHIP 4N, RANGE 70W. LOCATED ON EAST SIDE OF CR 27 APPROXIMATELY 2-MILES SOUTHEAST OF CARTER LAKE.

This is a request for a Preliminary Plat approval for a Conservation Development on a

41-acre parcel with one existing house, into two residential lots, plus residual land with one building envelope. Developed land is 7 acres, with 34 acres of undeveloped residual land. Applicant is also appealing the connectivity standard listed in the Larimer County Land Use Code, Section 8.14.1 C. Staff recommendation is approval with the following conditions: 1. Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Building Department once the structure is enclosed but prior to issuance of a Certificate of Occupancy. As an alternative, a builder may present a prepaid receipt from a radon tester that specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; 2. The following fees shall be collected at building permit for new single family dwellings: R-2J Thompson school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and Larimer County Park Regional Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply. Both the Development Agreement and the Disclosure Affidavit will reference this requirement. The County Engineer's office also requires a Developmental Construction Permit, prior to commencing development construction; 3. The applicant shall provide a Disclosure Notice to be approved by the County as a part of the Final Plat, and recorded with the Final Plat. This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. Included but not limited in this are the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code. The Disclosure Notice shall also state that Young CD residents or owners have no rights to Culver Ditch water; 4. The Final Plat will show the lot lines and building envelopes, as shown in the site plan submitted on 5/5/03. This lot/building envelope configuration allows appropriate locations for septic systems, home site that are outside of steep slopes, and adequate setbacks from the Culver Ditch; 5. A geotechnical engineer shall evaluate building plans and site plans at the time of Building Permit application to determine stability of the hillside and whether retaining walls or reinforcement of foundation walls are required, per request of the Colorado State Geological Survey (CSGS) (CO Geo. Survey letter, dated 4/4/03); 6. The County Engineering Department requires information at or before the Final Plat application regarding the culvert that the applicant has already installed at the Culver Ditch (see Engineering letter, dated 6/5/03). If the culvert does not meet the standards outlined in the Larimer County Storm Water Management, and required by the Engineering Department, the culvert will have to be replaced before the Final Plat is recorded; 7. The owners of Lots 1, 2, and Residual Lot A shall be responsible for maintenance of the internal access road. Homeowner covenants, or a separate Road Maintenance Agreement will clearly define maintenance responsibilities. The Covenants or Agreement will be submitted with the Final Plat; 8. The applicant must solicit Culver Ditch Company and have them submit any requests for an easement along the ditch, or any evidence of existing easements, in writing to the Planning Department with, or before, the Final Plat submittal; 9. Young Conservation Development is under the jurisdiction of the Berthoud Fire Protection District. If a hydrant is installed in Young CD, the applicant must coordinate with the Berthoud Fire Protection District to test fire flow of the hydrant. Larimer County does not monitor fire hydrants. If there is no fire hydrant or if flows do not meet the standards of the Berthoud Fire Protection District fire sprinklers will be required in new homes. Staff recommends approval as presented.

Mr. Karan briefed the Board on the Young Conservation Development and stated that the neighbors expressed concerns about density, clustering, property values, wildlife, and traffic on the adjacent County Road. Mr. Karan recommended that the Board of County Commissioners approve the item as presented and outlined above.

Mr. Dan Young, applicant, stated that he has tried to comply with the Land Use Codes and believes that he has met all requirements.

Ms. Linda Lauchli, property owner, stated that she had tried to get documents of the staff report and analysis to help understand how the Land Use Code fits in the Young area. Ms. Lauchi would like the Board to table this issue until the neighbors have time to review those documents.

Mr. Andy Amalfitano, property owner, is concerned that property values would decrease, privacy would be compromised and that bright lights would push the wildlife out of that area.

Chair Bender closed public comment at this time and stated that clustering should not pose a problem and in some areas protects wildlife. Chair Bender noted that there are no compelling reasons to deny the Young Conservation Development at this time.

Commissioner Rennels suggested Mr. Young work with the neighbors and require down shielding lights in the homeowner's covenants.

MOTION

Commissioner Rennels moved that the Board of the County Commissioners approve the Young Conservation Development as presented and outlined above.

Motion carried 2-0.

There being no further business, the hearing was adjourned at 7:25 p.m.

TUESDAY, SEPTEMBER 16, 2003

ADMINISTRATIVE MATTERS

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Deni La Rue and Donna Hart, Commissioner's Office; Mark Peterson, Engineering Department; Mark Pfaffinger and Andy Paratore, IMS Department; K-Lynn Cameron, Lori Smith and Gary Buffington, Parks and Open Lands Department; Jean O'Connor, Clerk to the Board; and Dawn Stroh, Recording Clerk.

1. PUBLIC COMMENT:

Mr. Dave McDanal, Disabled Resource Services for Dial-a-Ride, expressed concerns with the probability of discontinuing Dial-a-Ride services in LaPorte.

Mr. Ron Weeks addressed the Board concerning the old Larimer County Fairgrounds site and requested clarification on the use of the existing buildings for concerned residents in Loveland.

There being no further comments, the Board recessed at 9:30 a.m.

The Board of County Commissioners reconvened Administrative Matters at 1:30 p.m.

  1. APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 1st AND SEPTEMBER 8th, 2003:
  2. MOTION

    Commissioner Gibson moved to approve the minutes for the week of September 1st, 2003 as presented.

    Motion carried 3-0

    MOTION

    Commissioner Rennels moved to approve the minutes for the week of September 8th, 2003 noting a correction of Mr. Wolaver's name.

    Motion carried 3-0.

  3. REVIEW OF SCHEDULE FOR THE WEEK OF SEPTEMBER 22, 2003: Donna Hart reviewed the schedule with the Board.
  4. CONSENT AGENDA: Commissioner Rennels requested that Lil's Gamblers Liquor License be removed from the consent agenda.
  5. MOTION

    Commissioner Gibson moved that the Board of County Commissioners approve the following items on the consent agenda with the removal of Lil's Gamblers Liquor License.

    PETITIONS FOR ABATEMENT: As reommended by the County Assessor, the following petitions for abatement are approved: Matsuda; GE Capitol Corp.; Columbine Care Center East; North Shore Manor, Inc.; The Worthington; Centre Avenue Health and Rehabilitation Facility; Loveland Olive Branch, Inc.; Northern Colorado Saw and Carbide, New Mercer Commons.

    09162003A001 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND AL VON METZGER AND KAY VON FOR THE USE AND BENEFIT OF THE LARIMER COUNTY WORKFORCE CENTER

    09162003A002 AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO MOSQUITO CONTROL, INC.

    09162003A003 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS BY AND AMONG THE MUNICIPALITIES OF LOVELAND, FORT COLLINS, ESTES PARK, BERTHOUD, TIMNATH, WELLINGTON, WINDSOR, AND JOHNSTOWN CONCERNING COUNTY OPEN LANDS SALES TAX DISTRIBUTION

    09162003A004 WARRANTY MEMORANDUM BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RICHARD W. AND CAROL ANN DEVRIES FOR DEVRIES SUBDIVISION

    09162003A005 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LARRY L. CARLSON AND MICHAEL L. CARLSON FOR CARLSON SUBDIVISION

    09162003A006 WARRANTY MEMORANDUM BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE HILL AT COBB LAKE L.L.C. FOR HILL CONSERVATION DEVELOPMENT

    09162003A007 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS; KDR CUSTOMER HOMES INC.; AND THE PRAIRIE CROSSING SUBDIVISION HOMEOWNER'S ASSOCIATION FOR THE PRAIRIE CROSSING SUBDIVISION

    09162003R001 RESOLUTION REGARDING EXTENSION OF APPROVAL OF AMENDED PLAT FOR BALLARD PLACE BLOCK 5, LOTS 3-4, BLOCK 4, LOTS 5-6

    09162003R002 FINDINGS AND RESOLUTION APPROVING THE GENERAL DEVELOPMENT PLAN FOR CHAPMAN/OLANDER FARMS CONSERVATION DEVELOPMENT

    09162003R003 RESOLUTION REGARDING RELEASE OF WARRANTY COLLATERAL FOR KELLY FARMS SUBDIVISION

    09162003R004 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT FOR ANDERSON SUBDIVISION, LOT 4 & 5

    09162003R005 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT FOR TRAILS AT VISTA BONITA, LOT 20

    09162003R006 FINDINGS AND RESOLUTION APPROVING A STREET NAME IN SECTION 25, TOWNSHIP 6, RANGE 72

    09162003R007 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF SHAMROCK HILL FARM

    09162003R008 FINDINGS AND RESOLUTION APPROVING THE G-W MINOR LAND DIVISION

    09162003R009 FINDINGS AND RESOLUTION APPROVING THE MILLER-SIMON MINOR LAND DIVISION

    09162003R010 FINDINGS AND RESOLUTION APPROVING THE SIMPSON MINOR LAND DIVISION

    09162003R011 FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT FOR HORSETAIL RANCH ESTATES AND JAMES ELLER MINOR RESIDENTIAL DEVELOPMENT

    09162003R012 RESOLUTION ADOPTING THE WINDSOR GROWTH MANAGEMENT AREA OVERLAY ZONING DISTRICT AND SUPPLEMENTARY REGULATIONS TO THE LARIMER COUNTY LAND USE CODE

    09162003R013 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR PRAIRIE CROSSING SUBDIVISION

    09162003R014 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR CARLSON SUBDIVISION

    09162003R015 RESOLUTION REGARDING RELEASE OF COLLATERAL FOR HILL CONSERVATION DEVELOPMENT

    MISCELLANEOUS: Carlson Subdivision Final Plat; Prairie Crossing Subdivision Final Plat; Statement of Grant Award, Juvenile Accountability Incentive Block Grant, 22-JB-L-8-19 & Certification of EEOP Compliance; Department of Human Services Payments for July 2003.

    LIQUOR LICENSES: The following licenses were approved and issued: Bohemain Cottage Restaurant- Hotel and Restaurant- Loveland, CO; City Limit Liquor- Change of Ownership- Fort Collins, CO; Larry's Southwest Liquor- Retail- Loveland, CO. The following license was approved and a temporary issuance; Hatrixx- Hotel and Restaurant- Fort Collins, CO. The following license was approved; The Rock- Change of Premises- Fort Collins, CO.

    Motion carried 3-0.

    5. CONVERSION OF TEMPORARY STAFF POSITION TO SENIOR NETWORK AND SYSTEMS ADMINISTRATOR POSITION: Mr. Pfaffinger request approval to create a permanent full-time position in the Technical Support Services Department to be funded with existing operating funds.

    Commissioner Gibson requested justification for the change in the position and Mr. Pfaffinger noted that demand for services has increased sharply but no addition funds are needed for the creation of this full-time position.

    MOTION

    Commissioner Gibson moved that the Board of County Commissioners approve the creation of a permanent full-time position in the Technical Support Services Department using IMS existing operating funds.

    Motion carried 3-0.

  6. NORTH COUNTY RURAL TRANSIT FUNDING FOR REMAINDER OF 2003: Mr. Peterson briefed the Board regarding funding for the North County Rural Transit System for the remainder of 2003. Mr. Peterson requested the allocation of $1656.00, to continue the North service to the end of the year. Mr. Rich Hulfnagel noted that the South Transit Services do not have as much demand and funds can be transferred, which would last to approximently November 25, 2003.
  7. Commissioner Bender questioned the number of trips going to the North services and the amount per ride. Mr. Peterson stated that there are eight trips and the cost is $18.00-$20.00 one way.

    Commissioner Rennels expressed support for the allocation and suggested staffs carefully review the dollars needed for the 2004 budget. Mr. Hulfnagel noted no reason to believe grant dollars would decrease and actually believe they would increase based on demand.

    MOTION

    Commissioner Rennels move that the Board of County Commissioners approve the allocation of $1656.00 from carryover funds to the North County Rural Transit

    Motion carried 3-0.

  8. LEVERAGING OPEN SPACE DOLLARS TO BENEFIT CITIZEN'S GOALS FOR OPEN SPACE AND TRAILS: Ms. Cameron briefed the Board regarding leveraging of Open Space dollars in order to achieve citizens' goals for Open Space and Trails. Ms. Cameron stated that funds in the Acquisition and Development Fund are not adequate to meet the highest priorities identified in the 2003 Prioritization process. Ms. Cameron stated that in addition to actively pursuing grant opportunities, partnerships with municipalities and a User Fee Policy for Open Lands, staff is proposing that $4,200,000, be borrowed from the Management Fund.

Commissioner Gibson expressed concern with being in compliance with the ballot language and the use of these funds. Ms. Cameron explained that this action is consistent with the ballot language.

Chair Bender clarified that funds would be concentrated on Conservation Easements to "stretch" dollars farther. Ms. Cameron concurred.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve a resolution for short-term borrowing of $4,200,000 from the Management Fund for the acquisition of high priority projects identified in the 2003 Prioritization Process.

Motion carried 3-0.

09162003R016 RESOLUTION REGARDING ALTERNATIVE FUNDING FOR THE LARIMER COUNTY OPEN LANDS ACQUISITION FUND

8. LIQUOR LICENSE: Commissioner Rennels expressed concern with a name change for this establishment after the public hearing of August 11, 2003. Ms. Gael Cookman stated the customer entered the office days later and requested the name be changed to Lil's Gambler Steakhouse. Ms. Cookman stated the application was changed at that time and requested the Board approve the trade name of Lil's Gambler Steakhouse and issue the license.

Commissioner Rennels asked Ms. O'Connor how to achieve a paper trail of this name change since minutes have already been approved under a different name. Ms. O'Connor stated that she could go back and place a footnote on the August 11, 2003 minutes referencing the name change approved this date. The Board concurred with this action.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the Lil's Gamblers Steakhouse and reference this name change request since the public hearing August 11, 2003 and issue the license.

Motion carried 3-0.

9. RECOGNITION OF STAFF RESPONSIBLE FOR MOVE INTO NEW ADMINISTRATION BUILDING: Mr. Lancaster requests the Board of County Commissioners recognize staff responsible for the move into the new Administration Building with bonuses. Mr. Landcaster noted that the success of the move was due to the extra effort and long hours put in by several key staff.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve bonuses as proposed.

Motion carried 3-0.

  1. WORK SESSION: Commissioner Rennels requested a discussion be scheduled regarding Referendum A and membership in Progressive 15. Commissioner Rennels also discussed having Geniphyr Ponce-Pore attend a seminar in Michigan regarding agricultural tourism and economy with respect to the Land Use Code and allocate up to $1200.00 for this convention.
  2. MOTION

    Commissioner Rennels moved that the Board of County Commissioners approve up to $1200.00 for Geniphyr Ponce-Pore to attend the conference in Michigan regarding tourism and economy with respect to the Land Use Codes.

    Motion carried 3-0.

  3. COMMISSIONER REPORTS: The Board noted their attendance at events the previous week.
  4. LEGAL MATTERS: None.
  5. EXECUTIVE SESSION

MOTION

Commissioner Gibson moved that the Board of County Commissioners go into Executive Session at 2:45 p.m. and cited 24-6-402 (4) (e).

Motion carried 3-0.

Executive session ended at 3:00 p.m.; no action was taken.

There being no further business, the meeting adjourned at 3:00 p.m.

____________________________________

THOMAS G BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

__________________________________

Dawn Stroh, Deputy Clerk