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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, October 6, 2003

LAND USE HEARING

(#185)

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Geniphyr Ponce-Pore, Matt Lafferty, Al Kadera and Claudia DeLude, Planning Department; Tracy Downs, Engineering Department and Dawn Stroh, Recording Clerk.

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

1. AMENDED PLAT AND EASEMENT VACATION FOR CRYSTAL LAKES 9TH FILING, LOTS 117 AND 118, SW 1/4 OF 24-10-74, MORE SPECIFICALLY IN THE CRYSTAL LAKES SUBDIVISION 9TH FILING, APPROXIMATELY 2100 FEET SW OF THE INTERSECTION OF TINY BOB ROAD AND CHIRICAHUA CIRCLE.

This is a request to amend the plat of Crystal Lakes for Lots 117 and 118 and vacate those easements located on the common lot lines between these lots in order to create one buildable residential lot. The staff finds that the request meets the requirements of the Larimer County Land Use Code. Staff recommendation is for approval of the Amended Plat of Crystal Lakes 9th Filing, Lots 117 and 118, and Easement Vacation, subject to the following condition and authorization for the Chair to sign the plat when the condition is met and the plat is presented for signature: 1) the Final Plat shall be recorded by April 6, 2004 or this approval shall be null and void.

2. WESTERN TECHNICAL CONDOMINIUM S 1/2 OF 7-7-68; LOCATED ON THE SOUTH SIDE OF OLIVE COURT JUST WEST OF LINK LANE.

This is a request for approval of the Western Technical Condominiums to create a total of 2 condominiums units from the existing structures situated on Lot 13 of the East Mulberry Subdivision. The staff findings include the proposed Western Technical Condominium Map and declarations which are in compliance with the Larimer County Master Plan and Land Use Code; 1) the proposed Western Technical Condominiums is compatible with the other development in the surrounding area; 2) approval of the Western Technical Condominiums will not result in any significant impacts to the neighboring properties, the natural environment, the provision of services and infrastructure; 3) property values in the surrounding area would not be adversely affected by the approval of the Western Technical Condominiums; 4) maintenance of the buildings, parking lots, landscaping and other common areas will be the responsibility of the property owners association, pursuant to the Condominium Declaration and By-laws of the Western Technical Condominium Association. Staff recommendation is for approval of the Western Technical Condominium Map (File #03-S2178), with authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature.

MOTION

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

Motion carried 3-0.

  1. POPE ZONING VIOLATION 3924 BINGHAM HILL ROAD

This item is in regards to Pope Zoning Violation, which a sign is posted illegally in a FA-Farming zoning district. Staff findings include; 1) the property is zoned FA-Farming; 2) the maximum allowable sign size in the FA-Farming district is 15 square feet; 3) to permit a sign larger than 15 square feet, a variance would have to be applied for and approved; 4) this sign is approximately 32 square feet in size; 4) no building permit has been applied for or issued for this sign; 5) the continued use of the property is in violation of the Land Use Code, will affect property values in the area. Staff recommendation is that violations exists and require compliance within 30 days. Compliance would require that a building permit be issued for the sign or that the sign is removed. Legal action is also authorized if the deadline is not met.

Ms. DeLude requests the Board of County Commissioners remove the Pope Zoning Violation from the consent agenda, as the violation has been resolved.

Chair Bender stated that the Pope Zoning Violation is removed from the consent agenda.

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

LAND USE HEARING

(#185 & #186)

The Board of County Commissioners reconvened at 6:30 p.m., with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Tom Garton, Building Department; Geniphyr Ponce-Pore, Planning Department; Roxanne Hayes, Engineering Department; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; Dawn Stroh Recording Clerk.

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

1. BUILDING PERMIT AND WILDFIRE INSPECTION FEE INCREASE

COLLECTION FEE FOR TRANSPORTATION CAPITAL EXPANSION FEES (TCEF), AND TRANSFER 3/4 FTE TO GENERAL FUND UNINCORPORATED LARIMER COUNTY

This is a request to; 1) increase Building Permit Fees 20% & Wildfire Inspection Fees 15%; 2) to authorize a 2% collection fee for Transportation Capital Expansion Fee (TCEF); 3) to direct the 3/4 FTE addressing function staff position be transferred from the Building Department's Special Revenue Fund to the General Fund. The staff expressed at this time Options 1 and 2 combined do not offset the shortfalls projected from Option A, B, and C. Therefore staff recommendation is for the Board of County Commissioners approve Option D and Option 1, which would result in an expectation of a balanced budget with a little cushion in 2004. Staff noted that the Planning Commission brought forth a problem when the International Codes were projected to be adopted in early 2004. The problem they identified was that owners were paying an unfair portion of building permit fees with the present building permit fee schedule for utility buildings because of fewer inspections being done. At some time building permits may go up and we may be in a monetary position to adopt Option C and resolve the problem. Mr. Garton explained to the Board that the Building Department is funded solely by the Revenue fund and they do not receive money from other departments. Mr. Garton continued that they did managed to reserve $1 million dollars for the recession, but with building permits down 30% those funds were quickly depleted and layoffs were required to balance the 2004 budget. Mr. Garton stated that services within the department would be impacted, such as cutting mountain inspections to less than five days a week, applicants waiting longer for permits, and less inspections being enforced. Mr.Garton stated that some recommendations and options have been made to help balance the budget for 2004; 1) Option A, the Planning Commission recommended, would limit a 20% building permit fee increase to structures over $100,000 resulting in approximately a $39,000 budget shortfall at the end of 2004; 2) Option B, limiting building permit fee increases for structures under $50,000 to be exempt from the 20% fee increase resulting in a $28,000 shortfall; 3) Option C would eliminate the additional 20% increase on utility buildings and would result in approximately a $21,000 shortfall; 4) Option D would be the original staffs proposal of a 20% building permit fee increase and a 15% wildfire inspection fee increase which is expected to result in a balanced budget for 2004. After looking at the projections, Mr. Garton went to the Homeowners Building Association to seek their support to raise the building fees 20%, which after meeting with the Commissioners, they agreed. Mr. Garton stated that he received a letter from the Estes Valley Contractors Association agreeing to the 20% increase, but denying the $50.00 surcharge for mountain areas outside Estes Park. Therefore, Mr. Garton stated, he would request the Board omit the staff recommendation regarding the $50 surcharge for the Estes Park area.

Commissioner Rennels had concerns regarding whether the 20% increase is really necessary, as the funds should support the staff. Mr. Garton stated that at this time they are estimating the building permits will not go any lower next year, historically this has been the lowest year and with the increase in fees this would save the last four positions. But, if the recession continues and the revenue drops, they would proceed with layoffs. Commissioner Rennels continued her concerns referencing the Estes Valley Contractor letter and why the reasoning for the $50 surcharge. Mr. Garton stated that the staff was trying to find different ways to increase revenue and the $50 surcharge fee was suggested. Commissioner Gibson had concerns on the difference of $50,000 and the $100,000, limit and why the $100,000 was selected. Mr. Garton stated that the Planning Commission thought the $100,000 would represent what homeowners would contract on their own and not involve a contractor. Chair Bender questioned if a homeowner could build in steps, and stay under the $100,000 limit could they eliminate some of the costs. Mr. Garton stated that there are ways to do so, a homeowner could remodel with one permit and do an addition with another permit and stay under the $100,000.

Chair Bender opened the meeting for public comment.

Mr. Bill VanHorn, VanHorn Engineering, noted that he is very much in support of the increase 20% Building Permit fees and stated that the department is as low as they can go and still maintain the level of service they now provide. Michelle Jacobson, (HBA) Homeowners Building Association and Josh Snider, Contractor, concurred. Chair Bender closed public comment at this time.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve Table 1-A (LC)- Building Permit Fees in the Amendments to the 1997 Uniform Building, Plumbing and Mechanical codes adopted by resolution of the Larimer County Board of County Commissioners dated June 23, 1998, and recorded in the Larimer County records on June 24, 1998 at Reception No. 98053674 shall be deleted and replaced with Table 1-A, Table 1-B and Table 1-C shown as Option C. Authorize the Building Department to collect a 2% collection fee on Transportation Capital Expansion Fees. Direct the 3/4 FTE addressing function staff position to be transferred from Building Department Special Revenue Fund to the General Fund. These new tables and changes will be effective on November 1, 2003.

Motion carried 3-0.

2. RAVENCREST SUBDIVISION PRELIMINARY PLAT SECTION 34, TOWNSHIP 5 NORTH, RANGE 72 WEST, NORTH AND ADJACENT TO THE INTERSECTION OF POLE HILL ROAD AND ALPINE DRIVE AND THE MEADOWDALE SUBDIVISION, APPROXIMATELY THREE MILES DUE EAST OF ESTES PARK.

This is a request on the Preliminary Plat for subdivision of a 24.445-acre parcel into three lots, two single-family residential lots of approximately 3.3 acres each, and one Common Area Lot of 17.77 acres and a request for a variance from Standard 8.14.2.K, which requires specific lot depth-to-width ratios. The staff findings are; 1) the proposed Ravencrest Subdivision does not comply with the local road standards of Larimer County; 2) the proposed Ravencrest Subdivision indicates building envelopes which include areas of 30% slope; 3) the proposed Ravencrest Subdivision does not meet the stated purpose of the Code. The staff recommendations are as follows; 1) the Final Plat of the Ravencrest Subdivision shall be completed in strict compliance with the conditionally approved preliminary plat and other information submitted by the applicant and contained in the file #03-S2088, unless modified by the conditions of this approval; 2) the applicant shall provide a Final Development Agreement and Disclosure Notice for approval by the County to be recorded with the Final Plat. This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but is not limited to; the issues related to rural development, potential inclusion in an improvement district, the issues of the engineered septic systems, 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 and the issues raised by the Larimer County Department of Health and Environment regarding individual sanitation systems; 3) the following fees shall be collected at the time of the building permit for new single family dwellings: Estes Park school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and potentially, Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply. Prior to construction, the applicant must contact the County Engineering Department and obtain a Development Construction Permit; 4) 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 Planning 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 for 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; 5) all building envelopes shall be surveyed and described on the final plat so that they can be located in the field as a part of the building permit approval process; 6) a Wildfire Mitigation, Forest Management and Implementation Plan must be approved by Larimer County Prior to Final Plat approval; 7) any fences must be approved by Division of Wildlife to assure wildlife migration patterns are not interrupted by fencing; 8) a Use Plan specifying uses allowed and the restriction on building permits within the Common Area must be submitted and approved by the County prior to Final Plat approval; 9) pursuant to the prior approval of the Board of County Commissioners regarding the appeal to the paving requirement of the Larimer County Land Use Code, the owners of these lots shall contribute towards the additional maintenance of County Road 122. The amount and method of payment of the additional maintenance shall be determined and approved by the County at the time of the Final Plat; 10) the applicant agrees to participate in any future SIID or GID formed to address road maintenance and/or paving of County Road 122.

Ms. Ponce-Pore provided background information to the Board on the history of the Ravencrest Subdivision Preliminary Plat. Ms. Ponce-Pore stated that the staff recommended denial of the project based on concerns for the proposed mounded septic systems and the Poll Hill Road, which does not meet the local road standards. Ms. Ponce-Pore continued that the applicant worked very hard with the staff regarding the code and terrain located in this mountainous area. Chair Bender stated that in 2002 a Vogel Exemption was created to form two 15 acre in a 24-acre lots at that time, and inquired if the 15-acre lot was in addition to another lot. Mr. Helmick stated that in 2000 Lot 3 of the Vogel Exemption was amended and modified, a part was added to the Ravencrest Chalet parcel and the remainder parcel is what is proposed for this subdivision. Commissioner Gibson stated that the reasoning for the 3-acre lots per septic systems is that within a certain amount of time you would need the additional space for replacements and new systems. Mr. Ryan stated that was correct, and one of the reasons for the minimum lot size requirement is to accommodate for on sight sewer conditions and to accommodate replacements in the future.

Mr. Wayne Weisman, Director of Ravencrest Chalet, provided the history information on the Ravencrest Chalet, and stated that it was prudent for them to grow in the community, and in doing so the subdivision of Ravencrest is needed. Mr. Weismen stated that they have followed the criteria and guidelines throughout the process and complied with everything the staff has given them, therefore, he sees no reason why the subdivision should be denied.

Mr. Bill VanHorn, for the applicant, briefed his concerns for the Ravencrest Chalet stating they have gone through hoops for approval of the subdivision, received their variances, able to do the design and meet the standards, but the fundamental reason for the staff denial is intrinsic suitability.

Chair Bender inquired about the Vogel Exemption and the reason for no building permits on Lot 3 at that time. Mr. Helmick stated, when the research was done on the Vogel Exemption it was standard practice that the applicant create a certain number of lots through the exemption process, at that time it was common practice to leave one lot out. Mr. Helmick continued that in today's regulations under the Minor Land Division process they would divide one parcel for the landowner and the other parcel for future review.

Mr. Lonnie Sheldon and Paul Bennett, both applicants, briefed the Board concerning the items related to the Ravencrest Subdivision and stated that Mr. Helmick laid out a detailed recipe for Ravencrest Chalet to follow in order for success. Mr. Sheldon continued that Ravencrest believes they have met the Land Use Codes requirements, and see no reason why the subdivision should be denied. Mr. Sheldon continued that the service demands on Poll Hill road would not exceed the capacity of the existing road once the new development is approved, the wells are ready and the well permits have been issued.

PUBLIC COMMENT

Mr. Pat McKee, property owner, understands what the developers are trying to accomplish, but stated that bigger in this environment is not always better. Mr. McKee stated that the Poll Hill road provides a safety issue and more traffic would add to that problem. Mr. Elliott Sproul and Mr. Al Rinehardt, homeowners, also concur with Mr. McKee. Mr. Sheldon addressed the homeowners concerns, but is very confident that the Ravencrest Subdivision meets all the current and projected codes.

Chair Bender was concerned whether the subdivision is going to house students or staff, and if the item was denied, where will those people be placed. Mr. Sheldon stated that they would house but not want to be limited to employees or students and right now the employee(s) travel from Lyons.

Commissioner Rennels would like to hear the views and information from the Health Department concerning the sewer systems. Mr. Ryan stated that the sewer systems could be designed to meet the ISDS Standards. The purpose is to have a broad variety of options for people who have problematic lots to develop on sight sewer systems and trying to prevent lots with these types of problems is why the Health Department is involved. Mr. Ryan continued that working with the design of the land condition instead of against it the systems are intrinsically suitable.

Commissioner Gibson asked for clarification on the definition for a single family, and whether the staff of Ravencrest fits in that criteria. Mr. Gibson continued, the reason for his question is the concern for the traffic on the Poll Hill road. Mr. Helmick stated that up to three unrelated people met the definition of a single family home, and when the Planning Commission agreed to the appeal on the Poll Hill road, they recognized the road surpassed the paving standards.

Chair Bender closed comment at this time, for the Commissioners discussion.

Chair Bender stated he did tour the site and doesn't feel the Poll Hill road is an issue, but he is concerned about the intrinsic suitability, and if the septic and/or leach fields are done incorrectly you can contaminated your own area. Commissioner Gibson stated that the designs of the septic systems are more advanced and doesn't see any problem in that area. However, if the subdivision is to house staff, the traffic on a road that has safety issues already, it's a great concern. Commissioner Kathay stated concerns regarding the road issues in which Commissioners Disney at that time would have stated the steep grade if there were an issue. Commissioner Rennels also stated that the word intrinsic is another concern and how we need to use it. Commissioner Gibson asked if the Ravencrest Chalet is in any violation or has an outstanding violation, and if they have followed the Land Use Codes, why the denial.

Mr. Hayes stated that in section 8.1.5.A., of the Land Use Code the Ravencrest Subdivision does not met that requirement, stating the development must be designed to avoid, eliminate, or mitigate potential effects of natural hazards and other hazardous site conditions, therefore the staff requested denial.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the Ravencrest Subdivision Preliminary Plat and the LCLUC Standard 8.14.2.k as outlined and presented above.

Motion carried 3-0.

There being no further business, the meeting adjourned at 9:40 p.m.

TUESDAY OCTOBER 7, 2003

ADMINISTRATIVE MATTERS

The Board of County Commissioners met at 9:30 a.m., with Frank Lancaster, County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Jeannine Haag, Assistant County Attorney; Rob Helmick, Senior Planner; Bob Kiester, Budget Manager; Neil Gluckman, Assistant County Manager and Dawn Stroh, Recording Clerk.

1. PUBLIC COMMENT: None

2. APPROVAL OF MINUTES FOR THE WEEK OF SEPTEMBER 29, 2003:

MOTION: Commissioner Rennels moved to approve the minutes for the week of September 29, 2003 as presented.

Motion carried 3-0.

3. REVIEW OF SCHEDULE FOR THE WEEK OF OCTOBER 13, 2003: Ms. Hart was absent, therefore the Board reviewed the schedule.

  1. CONSENT AGENDA:

MOTION

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

10072003A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS ON BEHALF OF LARIMER COUNTY COMMUNITY CORRECTIONS ADVISORY BOARD AND THE VILLA, INC.

10072003A002 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SHAMROCK HILL FARM SPECIAL REVIEW FILE #02-Z1425 AND HUGH P. AND TRUDY G. MCELWEE

10072003R001 RESOLUTION REGARDING RELEASE OF COLLATERAL OF THE SUBDIVISION PLAT FOR MOUNTAIN RIVER RANCH ESTATES CONSERVATION DEVELOPMENT

10072003R002 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF LARIMER COUNTY PARKS PEDESTRIAN BRIDGE FLOOD PLAIN

10072003R003 FINDINGS AND RESOLUTION APPROVING THE MARIE SUBDIVISION

10072003R004 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION FOR THE CITY OF FORT COLLINS PARKS PEDESTRIAN BRIDGE FLOOD PLAIN

10072003R005 RESOLUTION APPROVING CONTRACT FOR GUARDRAIL CONSTRUCTION ON LARIMER COUNTY ROAD 38E (PROJECT NO. SHE C060-041 (14652)

MISCELLANEOUS: Department of Human Services Payments for August 2003.

LIQUOR LICENSES: The following licenses were approved and issued: Castillon's Lounge - Hotel and Restaurant- Fort Collins, Co; Berthoud Arts & Humanities Alliance - Special Event - 6% - Berthoud, Co; Beaver Inn - Hotel and Restaurant - Red Feather Lake, Co; George Beach Post No. 4 - Club Liquor License - Fort Collins, Co.

Motion carried 3-0.

  1. WORKSESSION: Mr. Lancaster stated that he is working on the regional calling issue and requested the Board to lobby with Weld County to gather support letters to show that we are a community of common concern. Mr. Lancaster continued briefing the Board on the budget issues for the remaining year of 2003, and what is projected for the following years of 2004, and 2005.

6. COMMISSIONER REPORTS: The Board noted their attendance at events the prior week.

7. LEGAL MATTERS: (No Audio Available)

8. EXECUTIVE SESSION

MOTION

Commissioner Rennels moved that the Board of County Commissioners go in to an Executive Session for the purpose of receiving legal advice on specific legal questions as outlined in #24-6-402(4)(b) C.R.S at 10:35 a.m.

Motion carried 3-0.

The Executive Session ended at 10:45 a.m.; no action was taken.

There being no further business, the meeting adjourned at 10:45 a.m.

___________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

( S E A L )

A T T E S T

_________________________

Dawn L. Stroh, Deputy Clerk

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