> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 07/10/06  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, JULY 10, 2006

LAND USE HEARING

(#81)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Pro Tem Wagner presided and Commissioner Rennels was present.  Also present were: Karin Madson, and Samantha Mott, Planning Department; Jim Reidhead, Rural Land Use Center; Traci Downs and Christie Coleman, Engineering Department; Doug Ryan, Environmental Health Department; George Hass, County Attorney; and Gael Cookman, Deputy Clerk.

Chair Pro Tem Wagner opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and the Land Use Code.  No one from the audience addressed the Board regarding these topics.  Chair Pro Tem Wagner explained that Items 1 through 3 were on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1. FOX HOLLOW CONDOMINIUM MAP - #05-S2579: This is a request for ratification of previously recorded condominium documents including a Condominium Map that was recorded without the required County approval.

The property includes a 2-unit condominium in Block 2 of Building Envelope G that is part of an Amended Plat of Fox Acres Country Club 2nd & 3rd Filings.  The Homeowners documents that apply to this Condominium Plat were recorded in 1997 for the Fox Acres Country Club.  The Condominium Map for these units was recorded in October of 2005.  The applicant has indicated that they were not aware that there was a County approval process for the Condominium Map.  Prior to the adoption of the current Land Use Code this was correct; however, a Condominium Map process was included with the adoption of the Larimer County Land Use Code in 1999.  This application is a request by the original owner of the property for ratification of the recorded Condominium Map so that the property is in compliance with the Land Use Code requirement for County approval of this type of land division. 

 

A condominium application requires the applicant to submit a condominium plat illustrating all the common elements such as parking, as well as the Condominium Declarations, disclosing the maintenance responsibility and use of property around and common to the condominium units.  These required previously recorded items have been submitted to the Planning Department.  Review of the submitted material reveals appropriate documentation of the common elements and adequately described and assigns maintenance responsibility of the property.

The County does not have a process specifically designed for approval of a Condominium Map after it has been recorded.  As a result this application is being processed without creating a new Condominium Map and associated property owners documents, with the resulting Findings and Resolution being the mechanism to serve as a record of County action on this application. 

The application was referred to the Building Department for comment.  Comments from Stan Griep, dated June 1, 2006, indicate that there may be required modifications to the structure for the change into condominium units.  The applicant should contact the Building Department regarding any Building Code requirements.

Staff findings are as follows:

1.    All improvements for the Fox Hollow Condominiums are currently in place.

2.    The Fox Hollow Condominium Map and declarations are in compliance with the Larimer County Master Plan and Land Use Code.

3.    The Fox Hollow Condominium Map is compatible with the other development in the surrounding area.

4.    Ratification of the Fox Hollow Condominium Map will not result in any significant impacts to the neighboring properties, the natural environment, of the provision of services and infrastructure.

5.    Property values in the surrounding area would not be adversely affected by the approval of the Fox Hollow Condominium Map.

6.    Maintenance of the buildings, parking lots, and other common areas will continue to be the responsibility of the property owners association, pursuant to the Declaration of Covenants, Conditions and Restrictions for Fox Acres Country Club.

 

2.  GLACIER VIEW MEADOWS 2ND LOTS 4 AND 5 LOT CONSOLIDATION - #06-S2581:  This is a Lot consolidation request to combine two contiguous lots into one lot in the Glacier View Meadows Subdivision 2nd Filing.  If approved, the recording instrument will be a Findings and Resolution from the Board of County Commissioners. There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; and The Larimer County Engineering Department Development Review Team.

The proposed Lot Consolidation for Lots 4 and 5 of the Glacier View Meadows Subdivision 2nd Filing will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots.  Staff finds that the request meets the requirements of the Larimer County Land Use Code.

The Development Services Team recommends approval of the Lot Consolidation for Lots 4 and 5 Glacier View Meadows Subdivision 2nd Filing, subject to the following conditions:

 

  1. All conditions of approval shall be met and the final resolution of the County Commissioners recorded by January 10, 2007, or this approval shall be null and void.
  2. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

 

3.  GLEN HAVEN LOT 6, BLOCK 1 AND LOTS 4-6, BLOCK 3 AMENDED PLAT -   #06-S2578:    This is a request for approval of an Amended Plat of Lot 6, Block 1 and Lots 4-6, Block 3 of the Glen Haven Subdivision to reconfigure the existing lot lines in order to eliminate encroachments and make the lots more usable by combining four lots into two lots.  There have been no objections to this proposal by surrounding neighbors.  Additionally, The Larimer County Department of Health and Environment has stated that they have no objections to this proposal.

Dale Greer, Land Surveyor of the Larimer County Engineering Department identified several required corrections to the plat. The Larimer County Engineering Department provided comments regarding the access easement to both lots.  The Larimer County Planning and Building Department provided comments regarding addressing and street names.  The Larimer County Assessor’s Office provided comments regarding how the owners hold title.

The proposed plat amendment of Lot 6, Block 1 and Lots 4-6, Block 3 of the Glen Haven Subdivision will not adversely affect any neighboring properties o any County agency.  The Amended Plat will not result in any additional lots.  The staff finds that this request meets the requirements of Larimer County Land Use Code.

The Development Services Team recommends approval of the Amended Plat of Lot 6, Block 1 and Lots 4-6, Block 3 of the Glen Haven Subdivision, subject to the following condition(s) and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature:

 

  1. All conditions of approval shall be met and the Final Plat recorded by January 10, 2007, or this approval shall be null and void.
  2. Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department, in his letter dated June 1, 2006.
  3. Prior to recordation of the Final Plat the applicant shall address the following comment from the Larimer County Engineering Department, in Christie Coleman’s letter dated June 5, 2006:   Comment #1 - Please confirm that the access easement serving the proposed two lots has been recorded.
  4. Prior to recordation of the Final Plat the applicant shall address the following comment from the Larimer County Planning and Building Department, in Katherine Huber’s e-mail dated May 31, 2006:  The current street name of North Fork Road is missing from the plat, and the full street name of for the other street is Hummingbird Hill Road, before the final plat is approved the street names need to be listed on the plat.
  5. Prior to recordation of the Final Plat the ownership of all four parcels must coincide.  Currently two of the properties are held in Trust and two are held as individuals.  Refer to the letter form Megan Harrity of the Larimer County Assessor’s Office dated June 2, 2006.
  6. Prior to recordation of the Final Plat the applicant shall make the changes to the plat as required by Samantha Mott, Planner I of the Larimer County Planning Department, in her letter dated June 22, 2006.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve Items 1 through 3 as listed on the Consent Agenda and outlined above.

Motion carried 2-0.

 

4.  BUCKHORN MOUNTAIN RADIO TOWER SPECIAL REVIEW - #05-Z1573:  This is a request for Special Review approval to add a 198 foot radio tower to an existing radio facility consisting of a 130 foot tower and 12,000 square foot building on a 1 acre site.

 

This item was heard by the Planning Commission on May 17, 2006.  Initially, the item was on the Planning Commission consent agenda because Staff and the applicant were in agreement with the recommendation for approval with conditions.  The item was moved for discussion at the request of neighboring property owners due to some issues that the property owner has had with radio interference and their concerns that they had recently placed a conservation easement on their property.  At the hearing the applicant provided contact information for the owner of the radio station to help the property owner in addressing their interference concerns.  It was noted at the Planning Commission hearing that interference issues are the purview of the Federal Communications Commission (FCC) and not an issue that is regulated under the Land Use Code.  During the hearing the additional concerns of tower visibility and height were brought up by another property owner.  The height of the tower and collocation of facilities were discussed by the Planning Commission.  The Planning Commission voted unanimously to recommend approval of the request with the conditions recommended by the Development Services Review Team. 

The applicant provided documentation that the existing FM transmitters for stations KJAC and KXWA will not exceed the FCC standards for radiofrequency emissions.  The Department of Health and Environment reviewed the submitted materials and has proposed that the condition be modified to apply to any additional proposed installations.  This would include the recently installed low power FM facility for the station KLHV.  The Development Services Team recommends that condition E be modified to require documentation be submitted that demonstrates that FCC standards for radiofrequency emissions will not be exceeded for any of the proposed additional facilities (including KLHV).

The Planning Commission and Development Services Team recommend approval of the Buckhorn Mountain Radio Tower Special Review, File #05-Z1573, with the new verbiage for condition E, which is included in the conditions listed below:

 

A.   This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

B.   The site shall be developed consistent with the approved plan and with the information contained in the Buckhorn Mountain Radio Tower Special Review (File #05-Z1573), except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Buckhorn Mountain Radio Tower Special Review.

C.   Site Plan Review is not required for the construction of the new tower.  The plot plan submitted with the building permit application shall include the following note:  “Natural drainage on the site will be maintained, erosion will be minimized and any disturbed areas will be reestablished to an equal or better condition.”

D.   Within 30 days of recordation of the Findings & Resolution the applicant shall obtain a private road construction permit and certification from the Engineering Department.

E.    Installation of facilities in addition to the four radio stations included in this approval (KJAX, KXWA, KUNC, and KLHV) will require that the applicant demonstrate that the entire site will comply with RF standards.

F.    This application is approved without the requirement for a Development Agreement.

G.   In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review, applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.

H.   County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.

I.    The Findings and Resolution shall be a servitude running with the Property.  Those owners of the Property or any portion of the Property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.

J.    Within 45 days of the recordation of the Findings and Resolution, the applicant shall obtain building permits for the existing antennas

 

Ms. Madson briefly explained the proposal as outlined above.  Ann Closser, representing the applicant Mauna Tower, noted that they plan to add both horizontal and vertical area to the tower in order to possibly co-locate additional subscribers.  Commissioner Rennels asked how wide the horizontal area would be.  Dave Closser stated that it would be approximately 30 feet wide.

There was no public comment on this item.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the Buckhorn Mountain Radio Tower Special Review, subject to the conditions recommended by the Planning Commission and the replacement "Condition E" recommended by the Development Review Team.

 

Motion carried 2-0.

 

5.  WESTVIEW II PRELIMINARY RURAL LAND PLAN:  This is a request for Preliminary approval to divide 70 +/- acres into four (4) Residual Lots; a portion of each lot will remain undeveloped.  Their approximate sizes are 7.25 acres, 8 acres, 16.5 acres and 38.25 acres, each with building envelopes where a home and farm buildings can be located.  Each of the two smaller residual lots contains a 2-acre building envelope; each of the two larger residual lots contains a 3-acre building envelope. The remaining 60 acres, private open space comprising about 85.7% of the land, will be protected from further development for a minimum of 40 years by either a covenant or deed restriction, as required under the RLUP. 

The property is located in W ½ of the SE ¼ of Section 20, Township 8 North, Range 68 West of the 6th  P.M.  It is generally located northeast of Fort Collins, about 1¼ miles west of Interstate 25 on County Road 54, just west of County Road 9.  The property consists of irrigated farmland.  The land could be divided into two (2) 35-acre parcels without County input.  The property is zoned O-Open.  Under the property’s current O-Open (1 home site per 10 acres) zoning, up to seven (7) homes could potentially be built if brought through the County's Conservation Development (CD) process if adequate public facilities are provided. 

 

The building envelopes have been located to:

·   Impinge as little as possible on the historic irrigation patterns,

·   Provide a view of the mountains to the west,

·   Put distance between the proposed new homes and the dairy stock replacement facility to the south,

·   Create a compact cluster in order to minimize infrastructure installations and maximize amount of land remaining in agricultural production, and

·   Put new residences in the general location of the existing residential building envelope of Westview RLUP, located immediately to the east.

 

Each of the four residual lots will be served by an adjudicated well which provides a significant amount of irrigation water.  The project is specifically designed to put the irrigation water to good use by providing a selection of small irrigated farms that are well-suited for high-value crop production or as small animal operations with irrigated pasture or hay land. 

Domestic water to these lots will be provided by East Larimer County Water District (ELCO) and each lot will have individual septic systems.  The applicant is proposing appropriate architectural guidelines to mitigate the visual impact of the proposed new residences and associated structures.  The surrounding properties consist of parcels ranging in size from 2 acres to 450+/- acres or larger.  Land annexed into Fort Collins is located approximately ½ mile to the southwest, with city subdivisions platted and under construction a mile to the southwest. 

Immediately north of the subject property is an 128-acre irrigated farm protected by a perpetual conservation easement that is held by Larimer County; to the west is a 320-acre farm owned by the City of Thornton; immediately west is an 80-acre irrigated farm that is part of the original Westview RLUP completed in 1998; and to the south is the Kraft dairy stock replacement facility and a 450 +/- sod farm owned by the State Land Board.  This relatively-undeveloped area has the potential of providing an important open space buffer between Fort Collins and Wellington.

There is significant development pressure in this area for 35-acre parcels and smaller residential lots, if available.  This pressure is caused by general growth along the Front Range, as well as by pressure specifically associated with growth in Fort Collins  to the south and Wellington to the northeast; and attractiveness of rural property that is readily accessible to I-25, two miles to the east by County Roads.  The proposed density of the Westview II Rural Land Use project, one unit per 17.5 acres, appears to be compatible with the neighborhood.

The residual land, approximately 60 acres and comprising roughly 85.7% of the property, will be protected from further development for 40 years, as required by the RLUP.  It will have a management/use plan to foster its long-term health.  The owners of the residual land parcels will be responsible for maintaining the residual land and for providing a periodic monitoring report(s) to the County. 

A road maintenance agreement will include provisions for access road maintenance.  Residual Lots A, B, C and D will be party to this agreement.

A neighborhood meeting was held on March 1, 2005, at the Plaza Inn in Fort Collins.  About 5 area residents attended.  The concerns were mainly about the home site placement.  (Please see the attached list of questions and answers from the neighborhood meeting.) 

Referral agency comments were also solicited.  Representatives from the County Engineering Department, Health Department, and Rural Land Use Advisory Board have visited the site and have consulted with the Rural Land Use Center during the conceptual design phase.

Staff finds that this proposal is consistent with the policies of Section 5.8—Rural Land Use Process of the Larimer County Land Use Code:

Support for the Westview II  Preliminary Rural Land Plan is based on the following:

·   Applicant’s planning and design rationale for the project, which is consistent with the RLUP.

·   Conservation values of the residual land, including preservation of grazing land, open space and wildlife habitat.

·   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 zoning 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.

As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County.  These benefits are summarized below:

·   Protection of residual land with not further development for a minimum of 40 years.

·   Transportation capital expansion fees received from the project.

·   School and park fees received from the project.

·   Fewer residences than likely allowed through subdivision process.

·   Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels.

·   Continued beneficial use for agriculture of the adjudicated well water.

 

This project was reviewed by the Rural Land Use Advisory Board on March 7, 2005.  The RLUAB unanimously recommended approval of the project.   The Rural Land Use Director recommends that the Board of County Commissioners approve the Westview II Rural Land Plan.  The following contingencies must be met prior to approval of final plat by the Board of County Commissioners:

 

1.    The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Westview II Rural Land Plan (File # 04-S2326) except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Westview II Rural Land Plan.

2.    All roads constructed within the Rural Land Plan shall be in accordance with Section 5.8.6.D of the Rural Land Use Process.  In addition, to meet fire standards, the private access road shall have no less than two pull-outs.  The roads must be designed with an all weather surface to support a minimum weight of 25 tons, the weight of a fully-loaded emergency fire vehicle.  A secondary emergency access and/or fire hydrants will not be required.  All designs must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that design standards in 5.8.6.D. and the above listed conditions were followed, before final approval.  Internal roads may be contained in a private access and utility easement.  Road names and addressing shall meet standards in the “Road Naming and Site Addressing System Resolution”.

3.    Applicant must obtain an access permit from the Larimer County Access Coordinator prior to commencing any construction on the project.  Before designing roads, applicant and applicant's engineer must contact the Larimer County Access Coordinator to discuss access design requirements.  Applicant shall comply with all such design requirements. Applicant's plans must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that they meet the access design requirements.

4.    Applicant must provide a storm water management report to the Rural Land Use Center prior to commencing any construction on the project.  Before designing stormwater drainage facilities, applicant and applicant's engineer must contact the Larimer County Engineering Environmental Specialist to discuss stormwater  management design requirements.  Applicant shall comply with all such design  requirements.  Applicant's plans must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that they meet the stormwater management design requirements.

5.    Public water shall be provided for this project.  A letter of commitment from the water provider 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.

6.    Building envelopes shall be placed on each lot.  All building envelopes shall be located outside the floodplain and drainage areas and shall meet minimum setback requirements listed in the Larimer County Land Use Code. 

7.    Automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district.

8.    The residual land protective covenant and use plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval. 

9.    Restrictive covenants, including provisions for internal road maintenance, small acreage management, architectural guidelines, and other requirements must be reviewed and approved by the Rural Land Use Center Director prior to final plat approval.

10.   The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval.

11.   A Lot Sale Prohibition shall be placed on this property preventing the sale of any new lots until the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed.  The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots.  Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for the particular lot(s) for which the improvements have been completed. 

12.   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)    LOT SALE PROHIBITION.  Developers have executed a Lot Sale Prohibition Agreement which stipulates Residual Lots A through D cannot be sold, transferred or conveyed unless and until Developers provide to County a written designation stating that all the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed.  The Lot Sale Prohibition is recorded in the records of the Larimer County Clerk and Recorder and is a covenant running with the Lots.  Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for particular lot(s) for which the improvements have been completed. 

b)    The construction of any single-family residence in this development will require the installation of residential fire sprinklers if fire hydrants and/or a public water supply are not present to provide fire protection unless written permission for variance from this requirement from the fire district is received.

c)     Passive radon mitigation measures shall be included in construction of structures designed for habitable space 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)    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 Plan.  If a structure within the building envelope is located 5’ or less from the boundary of the building envelope, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope prior to the approval of the footing and foundation inspection.  This shall be accomplished by a written certification by a Colorado Licensed Surveyor.

e)    All structures and septic systems must be located within the building envelopes on any Residual Lots.

f)    Engineered footings and foundations may be required for new habitable construction. Please check with the Larimer County Building Department for requirements prior to submitting a building permit application.

g)    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.

h)    Many other species of wildlife live in the area; some can be dangerous to humans and pets.  It must be remembered that landowners will be living with wildlife.  Species that may be found in the area are coyotes, mountain lions, bobcats, skunks, badgers, raccoons, deer, elk, hawks, owls and eagles.

i)    Pets must be contained on property, either by leash or enclosure.

j)    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.

k)    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.

l)    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.

m)    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.

n)    Larimer County has adopted a Right to Farm Resolution.

o)    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) and Rural Land Use Process fees.  The fee amount that is current at time of building permit application shall apply.

p)    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.

q)    At time of real estate closing, owner shall provide purchasers of residential lots and Residual Lot(s) A through D with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County.

r)    The owners of the residual land parcel shall be responsible for providing a periodic monitoring report for the residual land to Larimer County Rural Land Use Center.

s)    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 in the Larimer County Clerk’s and Recorder’s office immediately after this plat.  All purchasers should obtain and read the Development Agreement.

 

Mr. Reidhead displayed a slide-show presentation of the property and explained the proposal.  The applicant, Steve DeLine, stated that his ultimate goal would be to not have to build any homes at all.  Mr. DeLine noted that he is in agreement with the conditions as presented by staff.

There was no public comment on this item.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the Westview II Preliminary Rural Land Plan subject to the conditions recommended by the Rural Land Use Center Director.

Motion carried 2-0.

 

The hearing adjourned at 3:30 p.m.

 

TUESDAY, JULY 11, 2006

 

ADMINISTRATIVE MATTERS

(#81 & 82)

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager.  Chair Gibson presided, and Commissioners Wagner and Rennels were present.  Also present were:  Deni LaRue, Donna Hart, and Cheri Pineda, Commissioners Office; Sheriff Jim Alderden, Major Gary Darling, Lieutenant Terry Ferebee, Laurie Stolen, and Kevin Johnston, Sheriff’s Department; Jay Hardy, and Dee Dee Smidt, Fairgrounds and Events Center; Carol Block, and Lorrie Lopez, Finance Department; Gary Small, Extension Office; Dave Spencer, and Mike Millsapps, Facilities Department; Casey Stewart, Planning Department; Joe Ferrando, Community Corrections Department; George Hass, County Attorney; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:  Steve Clark and Jeff Temple, vendors of the coffee cart located in the Courthouse lobby, explained some of the challenges they are having with having to remove the coffee cart from the premises each night.  They presented an option for possibly adding a third sink to the first floor catering kitchen (which they would pay for), to meet Health Department sanitation requirements, which would allow them to leave their cart in place each night.  Mr. Spencer explained that removal of the coffee cart from the premises was part of the initial requirements when selecting the chosen vendor.  Discussion ensued and Commissioner Rennels stated that if the vendor were to be allowed to leave the cart on-site and utilize an area within the Courthouse for the sanitation requirements, then it would only be fair to "re-bid" the contract since the original conditions regarding this service would be modified.  The Board directed Mr. Spencer to explore options and bring back a proposal regarding this issue within the next month.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEKS OF JUNE 26, AND JULY 3, 2006:

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of June 26, 2006.

Motion carried 3-0.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of July 3, 2006.

Motion carried 3-0.

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 17, 2006Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA: 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for July 11, 2006:

 

PETITIONS FOR ABATEMENT:  As recommended by the Assessor, the following Petitions for Abatement are approved:  William Schneider; Sunrise Center Partnership; Kurt Dimick (2 parcels); Aberdeen Partners (2 parcels); James Wild/Michael Nolden.

 

07112006A001           AMENDMENT TO LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ANTONIOS AND EVANGELIA KATOPODIS

07112006A002           INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE ESTES VALLEY RURAL FIRE PROTECTION DISTRICT

07112006D001           DEED OF DEDICATION BY SAMUEL REICH AND ERICA SCHERER FOR SAID PROPERTY AS A PUBLIC HIGHWAY

07112006D002           DEED OF DEDICATION BY BEVERLY PERINA FOR SAID PROPERTY AS A PUBLIC HIGHWAY

07112006D003           DEED OF DEDICATION BY CELESTINO ROYBAL FOR SAID PROPERTY AS A PUBLIC HIGHWAY

07112006D004           DEED OF DEDICATION BY RAYMOND OLICK AND LINDA OLICK FOR SAID PROPERTY AS A PUBLIC HIGHWAY

07112006D005           DEED OF DEDICATION BY ERNEST AND KRISTEN SCHMIDTBERGER FOR SAID PROPERTY AS A PUBLIC HIGHWAY

07112006D006           DEED OF DEDICATION BY JULIA KEAHEY FOR SAID PROPERTY AS A PUBLIC HIGHWAY

07112006R001           RESOLUTION AMENDING THE FINDINGS AND RESOLUTION APPROVING THE WESTVIEW PRELIMINARY RURAL LAND PLAN

07112006R002           RESOLUTION APPROVING TRANSFER OF CABLE SYSTEM OPERATIONS FROM HELICON GROUP L.P. TO ORANGE BROADBAND OPERATING COMPANY, LLC

07112006R003           FINDINGS AND RESOLUTION APPROVING THE SERVICE PLAN FOR THE ESTES PARK FIRE PROTECTION DISTRICT

 

MISCELLANEOUS:  Larimer County Fire Plan; Department of Human Services Payments for May 2006; Findings and Order Regarding Play Pointe LLC dba Fort Fun.

 

LIQUOR LICENSES:  The following licenses were approved and issued: Pool Tyme Billiards - Tavern - Loveland; Supermarket Liquors - Retail Liquor Store - Fort Collins.  The following license was approved:  Namaqua Center - Special Event Permit 6% - Loveland.  The following licenses were issued: Trail's End - Hotel & Restaurant - Fort Collins; CSU Ag Day - Special Event 3.2% - Fort Collins; Rocky Mountain Nature Association - Special Event Permit 6% - Estes Park; Asia Transpacific Foundation - Special Event Permit 6% - Estes Park.

Motion carried 3-0.

 

5.  RECOGNITION OF LAURIE STOLEN FOR CERTIFIED JAIL MANAGER ACHIEVEMENT:  Major Darling explained that Laurie Stolen recently passed a stringent test administered by the American Jail Association, and has achieved the status as a Certified Jail Manager.  Major Darling congratulated Ms. Stolen in obtaining the highest score of those individuals that took the test, and further noted that there are only 7 Certified Jail Managers across the state of Colorado.  Ms. Stolen stated that she appreciated the recognition and thanked the Board and her co-workers for their support.

 

6.  BELT BUCKLES AWARDED FOR YEARS OF SERVICE ON THE FAIR BOARD:  Ms. Smidt introduced Loren Maxey, Everett Van Campen, and Lorna Spear, and the Board presented belt buckles to these three individuals in honor of their years of service on the Fair Board.

 

7.  REVIEW OF 2005 FINANCIAL STATEMENTS AND DISCUSSION OF THE AUDITOR'S FINDINGS AND RECOMMENDATIONS:  Ms. Block introduced Anderson & Whitney auditors Alan Holmberg and Melissa Craven.  Mr. Holmberg briefly reviewed the 2005 Comprehensive Financial Report with the Board, noting that the report was very well laid out, user friendly, and conforms to the Generally Accepted Accounting Principals.  Mr. Holmberg also presented a separate letter which addressed issues that could be improved. 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the 2005 Comprehensive Financial Report.

Motion carried 3-0.

 

8.  APPROVE EXTENSION OF FIRE RESTRICTIONS THROUGH AUGUST 10, 2006Mr. Johnston requested approval to extend the fire restrictions through August 10, 2006, as weather conditions are expected to be very dry and hot in the days to come.  Mr. Johnston noted that the Forest Service and Boulder County still have their fire restrictions in place, so extending the fire ban in Larimer County would provide consistency amongst the adjoining areas.  Some discussion ensued.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the extension of fire restrictions through August 10, 2006.

Motion carried 3-0.

 

9.  THOMAS M. MCKEE 4-H, YOUTH AND COMMUNITY BUILDING PROPOSED OPERATION POLICY:  Mr. Hardy presented a policy for use of the 4-H, Youth and Community Building; he noted that 4-H groups would have priority use of the building, other youth groups would have second priority, non-profit groups would be considered third, and renting the facility to other entities would be the last priority.  Mr. Hardy outlined the expectations of those using the facility and the costs involved.   Mr. Hardy stated that the policy was discussed with the McKee Foundation in order to make sure it met their expectations of the building.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the adoption of the proposed operational policy for the Thomas M. McKee 4-H, Youth and Community Building.

Motion carried 3-0.

 

10.  SUPPORT THE PURCHASE OF 4-H AND FUTURE FARMERS OF AMERICA ANIMALS:  Commissioner Rennels explained that Mark Arndt, former Morgan County Commissioner, has requested Larimer County's support in fund raising efforts for the State Fair Junior Livestock Sale.  She requested approval to support this effort.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the expenditure of $100 from the Commissioners' Special Projects Fund to support the purchase of 4-H and Future Farmers of America animals at the State Fair Junior Livestock Sale.

Motion carried 3-0.

 

11.  MASONVILLE MERCANTILE FEE WAIVER REQUEST:  Mr. Stewart explained that the owners of the Masonville Mercantile also own property across from the Mercantile on the west side of County Road 27 where they have a pavilion and some large decorative structures.  The owners added a gazebo/bell tower on to the pavilion with a building permit.  Mr. Stewart noted that the addition encroaches into the required setback for County Road 27 and will require approval of setback variance in order for it to remain.  The owners have requested the application fee be waived due to limited cash flow and health problems.  Discussion ensued and the Board was not inclined to waive the fee, but discussed the possibility of developing criteria in order to fairly judge which instances would or should qualify for a waiver of fees in the future.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners deny the request of waiving the variance application fee of $500 for the Masonville Mercantile. 

Motion carried 3-0.

 

12.  MAGANA FEE WAIVER REQUEST:  Mr. Stewart explained that the owners of the property located at 3916 La Mesa Drive, Fort Collins, have added an RV carport to the side of their existing attached garage.  The construction was completed without a permit and the addition encroaches into the required side yard setback; therefore, approval of a setback variance is required in order for it to remain.  Mr. Stewart noted that the owners have requested a reduction of the variance application fee from $500 to $250, due to the fact that they are on a fixed income and they are dealing with medical problems.  

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners deny the request for a reduction of the variance fee to $250 for the Magana Fee waiver. 

Motion carried 3-0.

 

13.  APPROPRIATE ADDITIONAL FUNDS TO COMPLETE ADDITION TO COMMUNITY CORRECTIONS:  Mr. Spencer explained that the Board of County Commissioners previously approved construction of the addition to the Community Corrections Building and that this request was to appropriate the additional funding necessary to complete the project.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the appropriation of $1.1 million from the General Fund balance to complete the Community Corrections addition project.

Motion carried 3-0.

 

14.  APPOINTMENTS AND REAPPOINTMENTS TO BOARDS AND COMMISSIONS:  Ms. Pineda presented the following recommendations for appointments and reappointments to Boards and Commissions:   

Board of Health: Dr. Mark Richards appointed for a 5-year term beginning July 11, 2006, and expiring June 30, 2011.

 

LaPorte Area Planning Advisory Committee: Nancy Grice, Susanne Cordery-Cotter, Frank Holzworth, all appointed or re-appointed for a 3-year term beginning July 11, 2006, and expiring June 30, 2009.

 

Office on Aging Advisory Council: Marcy Greenslit, Roger Bailey, Steve Budner, Rene DeMattei, Ellen Pihlstrom, Barbara Tuttle, Stan Ulrich, Donald Venneberg, and Elnora McCloughan, all appointed or re-appointed for a 3-year term beginning July 11, 2006, and expiring June 30, 2009.

 

Weed Control District Advisory Committee:  Ken Mathias, and Duane Pond, appointed or re-appointed for a 3-year term beginning July 11, 2006, and expiring June 30, 2009.

Workforce Investment Board: Cindy Barnes, Renee Benzel, LeRoy Gomez, Kathy Louderback, Carrie Pinsky, Katy Piotrowski, and Mary Carraher, all appointed or re-appointed for a 4-year term beginning July 11, 2006, and expiring June 30, 2010.

 

GID#13A Red Feather Lakes:  Robert Doughty, Rusty Iverson, and Thomas Vonderhaar, appointed for a 4-year term beginning July 11, 2006, and expiring November 30, 2010.  Duane Ehrlich and Ross Reid appointed for a 3-year term beginning July 11, 2006, and expiring November 30, 2009.

 

GID#4 Carriage Hills:  Clifford Dill, and Ron Duell appointed for a 4-year term beginning July 11, 2006, and expiring November 30, 2010.  Leslie Foiles appointed for a 3-year term beginning July 11, 2006, and expiring November 30, 2009.

 

PID#23 Eagle Rock:  Robert Davis appointed for a 3-year term beginning July 11, 2006, and expiring November 30, 2009.  Alan Miller and Barbara Widrid appointed for a 4-year term beginning July 11, 2006, and expiring November 30, 2010.

 

PID#25 Estes Park Estates:  Todd Blachowiak and George (Gary) Shepard appointed for a 4-year term beginning July 11, 2006, and expiring November 30, 2010.  Lee Bledsoe appointed for a 3-year term beginning July 11, 2006, and expiring November 30, 2009.

 

PID#26 Eagle Ranch:  William Davis, Will Geiger, and Dennis Spencer appointed for a 4-year term beginning July 11, 2006, and expiring November 30, 2010.  Klaus Krizanovic and Kirk Strawser appointed for a 3-year term beginning July 11, 2006, and expiring November 30, 2009.

 

PID#31 Foothill Shadows:  John Chilson and Rhonda Cooper appointed for a 4-year term beginning July 11, 2006, and expiring November 30, 2010.  Gerald (Jerry) Schneider appointed for a 3-year term beginning July 11, 2006, and expiring November 30, 2009.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the appointments and re-appointments to the Boards and Commissions, as listed.  

Motion carried 3-0.

 

15.  WORKSESSION:  Mr. Gluckman and Mr. Timm explained that the City of Fort Collins has asked Larimer County to appoint two members to serve on the Southwest Annexation Transition Committee, and that the goal of this committee would be to provide communication and to foster a smooth transition for the annexation process. 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners appoint Larry Timm and Deni LaRue to serve on the Southwest Annexation Transition Committee. 

Motion carried 3-0.

 

16.  COMMISSIONER REPORTS:  The Board discussed their attendance at events during the past week. 

 

17.  LEGAL MATTERS:  (Affidavit provided.)

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice regarding the Timnath lawsuit, as outlined in 24-6-402(4)(b) C.R.S.

Motion carried 3-0.

 

The Executive Session ended at 11:20 p.m. and the following action was taken:

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners accept the Intergovernmental Agreement from the Town of Timnath regarding the settlement in litigation of the Urban Renewal Tax Increment issues between the Board of County Commissioners and the Town of Timnath and the Timnath Urban Renewal Authority, subject to preparation of a map of the existing Urban Renewal Area that must be attached to the agreement, and subject to the organizational housekeeping issues within the agreement that still need to be addressed.

Motion carried 3-0.

 

The meeting ended at 11:20 a.m.

 

 

  __________________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

 

ATTEST:

 

 

___________________________________

Gael M. Cookman, Deputy Clerk