> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 12/11/06  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, December 11, 2006

 

 

HERMIT PARK OPEN SPACE PROJECT

(# 149)

 

The Board of County Commissioners met at 11:00 a.m. with County Manager, Frank Lancaster.  Chair Gibson presided, Commissioner Wagner was present, and Commissioner Rennels participated via phone conference.  Also present were:  Marc Engemoen, Public Works Department; K-Lynn Cameron, Gary Buffington, and Meegan Flenniken, Parks and Open Lands Department; Jerry White, and Charlie Johnson, Engineering Department; Jim White, Estes Valley Land Trust; Peter Kast, Open Lands Board; George Hass, County Attorney; and Kristen Romary, Deputy Clerk.

 

Mr. Buffington explained that this was a final review of the Hermit Park Open Space Project, and if approved by the Board, Larimer County would move forward with a Purchase and Sale Agreement of Hermit Park with Agilent Technologies, the current owner.  Hermit Park Open Space is nearly 1400 acres and includes existing recreation amenities such as camper cabins, campsites and trails.  The park also has defined wetlands, and is home to a large variety of plant and animal species.  Mr. Buffington stated that the funds for this project would come from a partnership between Larimer County, The Estes Valley Land Trust (EVLT), and Great Outdoors Colorado (GOCO).  A conservation easement, held by EVLT, will help to ensure that Hermit Park remains in its natural state. 

 

Jerry White explained that the actual value of the land was appraised at 8.7 million dollars, but the County has the ability to purchase Hermit Park from Agilent Technologies for 6.5 million dollars.  That would be a discount of 2.2 million dollars to the County.  A provision of the proposal would be to include two reserved lots on the property.  Ms. Cameron explained that the buildable lots will be used for purchasing the property only, and there are no plans to build on the lots at this time. 

 

Peter Kast read the Open Lands Board recommendation to the Board of County Commissioners.  Their recommendations are to increase the number of reserved sites from two to three; provide the Town of Estes Park with the first right of refusal to continue operation of the park should the County cease its participation; and the Board recommended against paying a portion of the revenue to the Town of Estes Park. 

Mr. Engemoen stated that all conversations with Agilent thus far have been in reference to two reserved sites, not three.  He explained that changing the intent of the agreement from two to three sites is not within the spirit of the agreement, and that Larimer County has the ability to fund the project with just two lots. 

 

Chair Gibson along with Commissioners Wagner and Rennels agreed that they do not want to change any aspects of the agreement, and do not support the recommendation made by the Open Lands Board to increase the number of reserved lots from two to three. 

 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the transfer of $1.75 million from the Open Lands Management Fund to the Open Lands Acquisition and Development Fund.

Motion carried 3-0.

 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the purchase of the 1,362 acre Hermit Park property from Agilent Technology for $6.5 million and reserving two home sites in the conservation easement subject to final approval of the contract by the Larimer County attorney and authorize the Chair to sign the contract as approved by the County Attorney.

Motion carried 3-0.

 

12112006A001           AGREEMENT FOR THE PURCHASE AND SALE OF REAL ESTATE AND THE PURCHASE AND SALE OF A CONSERVATION EASEMENT

 

 

The meeting recessed at 11:40 a.m.

 

 

LAND USE HEARING

(# 150)

 

The Board of County Commissioners reconvened at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Gibson presided, and Commissioner Wagner was present.  Also present were:  Christie Coleman, Engineering Department; Sean Wheeler, Chad Grey, Casey Stewart, and Porter Ingrum, Planning Department; Doug Ryan, Environmental Health Department; Jeannine Haag, Assistant County Attorney; and Kristen Romary, Deputy Clerk.

 

Chair Gibson 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.  Steve McCarthy expressed his thanks to the Board for their Special Review process.  He stated that the Board had made the process extremely easy for him, and he wanted to acknowledge their efforts. 

 

2006 ENVIRONMENTAL STEWARDSHIP AWARDS:  Chair Gibson and Commissioner Wagner presented the Environmental Stewardship Awards for 2006.  These awards are presented annually to honor the environmental efforts of county residents, businesses and organizations.  The County’s Environmental Advisory Board reviews the nominations and makes recommendations to the Board of County Commissioners.  This year 13 nominations were received, and four awards were presented today.  The recipients are:

 

1.  The Roberts Ranch, for granting conservation easements on 16,500 acres of farmland.

2.  Glacier View Meadows Ecology Committee, for their educational efforts related to sustaining the long-term well being of the natural habitat in the Glacier View Meadows residential community.

3.  Envirofit International’s Two-Stroke Engine Retrofit Kit, for their partnerships at the local and international level to reduce air emissions from two-cycle motorcycle engines.

4.  Timnath Education and Charitable Association’s Timnath Community Garden, for their efforts to preserve the rural and gardening heritage of Timnath. 

 

 

DEEP WATER METRO DISTRICT – #06-G0108:  Mr. Helmick stated that staff’s recommendation is to table this item to a later date.  There are outstanding water court issues that need to be addressed before the issue is presented to the Board.  Brad March, Attorney for the Town of Wellington, explained that this item should be tabled to provide the opportunity to resolve these issues with the water court.  Commissioner Wagner agreed that it would be to everyone’s advantage to table this item.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners table the Deep Water Metro District, #06-G0108, to March 26, 2007, at 3:00 p.m.

Motion carried 2-0.

 

Chair Gibson then explained that Items 1 through 8 were on consent and would not be discussed unless requested by the Board, staff, or members of the audience.

 

 

1.  BOWERS MINOR RESIDENTIAL DEVELOPMENT (MRD) LOTS 1 AND 3 AMENDED PLAT - #06-S2628:  This is a request for an Amended Plat of the Bowers MRD Lots 1 and 3 to reconfigure the common lot line between two contiguous lots.  The purpose of this Amended Plat is to allow the applicant to remove a plat note that was approved with the original Bowers MRD.

 

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; The Land Surveyor of the Larimer County Engineering Department; The Larimer County Engineering Department Development Review Team.  In addition, the Engineering Department has requested that the existing access off of Larimer County Road 13 be shown on the Amended Plat as within a 40-foot wide shared access.  The Engineering Department has also requested that a shared access agreement be created for the maintenance of this shared access.

 

The proposed plat amendment to adjust the common lot line between two contiguous lots will not adversely affect any neighboring properties or any County agency.  The Amended Plat 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 Bowers MRD Lots 1 and 3 Amended Plat subject to the following conditions and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   The Final Plat shall be recorded by June 11, 2007, or this approval shall be null and void.

2.   Prior to recordation of the Final Plat, the Amended Plat shall be revised to show the existing drive within a 40-foot wide shared access.

3.   Prior to recordation of the Final Plat, a road maintenance agreement shall be submitted to the Planning Department for the shared access.

4.   Prior to the recordation of the Final Plat, the applicant shall make the technical corrections requested by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

 

2.  CUSHMANS LAKEVIEW 3RD LOTS 47 AND 48 LOT CONSOLIDATION - #06-S2642:  This is a request for a Lot Consolidation to combine Lots 47-48 into one lot in Cushman’s Lakeview 3rd Filing.  If approved, the recording instrument for this application will be a Finding 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; The Larimer County Engineering Department Development Review Team.

 

The proposed Lot Consolidation of Cushman’s Lakeview 3rd Filing Lots 47-48 will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots.  The 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 of Cushman’s Lakeview 3rd Filing Lots 47 subject to the following conditions:

 

1.   The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

2.   All construction on this subdivision or on any lot therein, including the development of domestic water and the provision of sewage disposal, shall be done in a manner which will meet all the requirements of the Colorado State Department of Health and the Larimer County Public Health Department, and the officers authorized to enforce such requirements.  Until such time there is a public sewage disposal system available to this subdivision, or until such time other methods are approved, “water tight vaults” shall be used for sewage disposal in this subdivision.

3.   All conditions shall be met and the final resolution of the County Commissioners recorded by June 11, 2007, or this approval shall be null and void.

 

 

3.  CUSHMANS LAKEVIEW 3RD LOTS 61-64 LOT CONSOLIDATION - #06-S2643:  This is a request for a Lot Consolidation to combine Lots 61-64 into one lot in Cushman’s Lakeview 3rd Filing.  If approved, the recording instrument for this application will be a Finding 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; The Larimer County Engineering Department Development Review Team.

 

The proposed Lot Consolidation of Cushman’s Lakeview 3rd Filing Lots 61-64 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 of Cushman’s Lakeview 3rd Filing Lots 61-64 subject to the following conditions:

 

1.   The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

2.   All construction on this subdivision or on any lot therein, including the development of domestic water and the provision of sewage disposal, shall be done in a manner which will meet all the requirements of the Colorado State Department of Health and the Larimer County Public Health Department, and the officers authorized to enforce such requirements.  Until such time there is a public sewage disposal system available to this subdivision, or until such time other methods are approved, “water tight vaults” shall be used for sewage disposal in this subdivision.

3.   All conditions shall be met and the final resolution of the County Commissioners recorded by June 11, 2007, or this approval shall be null and void.

 

4.  CUSHMANS LAKEVIEW 3RD LOTS 74 AND 75 LOT CONSOLIDATION - #06-S2644:  This is a request for a Lot Consolidation to combine Lots 74-75 into one lot in Cushman’s Lakeview 3rd Filing.  If approved, the recording instrument for this application will be a Finding 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; The Larimer County Engineering Department Development Review Team.

 

The proposed Lot Consolidation of Cushman’s Lakeview 3rd Filing Lots 74-75 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 of Cushman’s Lakeview 3rd Filing Lots 74-75 subject to the following conditions:

 

1.   The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

2.   All construction on this subdivision or on any lot therein, including the development of domestic water and the provision of sewage disposal, shall be done in a manner which will meet all the requirements of the Colorado State Department of Health and the Larimer County Public Health Department, and the officers authorized to enforce such requirements.  Until such time there is a public sewage disposal system available to this subdivision, or until such time other methods are approved, “water tight vaults” shall be used for sewage disposal in this subdivision.

3.   All conditions shall be met and the final resolution of the County Commissioners recorded by June 11, 2007, or this approval shall be null and void.

 

 

5.  CUSHMANS LAKEVIEW 3RD LOTS 85-88 LOT CONSOLIDATION - #06-S2646:  This is a request for a Lot Consolidation to combine Lots 85-88 into one lot in Cushman’s Lakeview 3rd Filing.  If approved, the recording instrument for this application will be a Finding 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; The Larimer County Engineering Department Development Review Team.

 

The proposed Lot Consolidation of Cushman’s Lakeview 3rd Filing Lots 85-88 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 of Cushman’s Lakeview 3rd Filing Lots 85-88 subject to the following conditions:

1.   The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

2.   All construction on this subdivision or on any lot therein, including the development of domestic water and the provision of sewage disposal, shall be done in a manner which will meet all the requirements of the Colorado State Department of Health and the Larimer County Public Health Department, and the officers authorized to enforce such requirements.  Until such time there is a public sewage disposal system available to this subdivision, or until such time other methods are approved, “water tight vaults” shall be used for sewage disposal in this subdivision.

3.   All conditions shall be met and the final resolution of the County Commissioners recorded by June 11, 2007, or this approval shall be null and void.

 

 

6.  CUSHMANS LAKEVIEW 3RD LOTS 95, 105, AND 106 LOT CONSOLIDATION - #06-S2645:  This is a request for a Lot Consolidation to combine Lots 95, 105, and 106 into one lot in Cushman’s Lakeview 3rd Filing.  If approved, the recording instrument for this application will be a Finding 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; The Larimer County Engineering Department Development Review Team.

 

The proposed Lot Consolidation of Cushman’s Lakeview 3rd Filing Lots 95, 105, and 106 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 of Cushman’s Lakeview 3rd Filing Lots 95, 105, and 106 subject to the following conditions:

 

1.   The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

2.   All construction on this subdivision or on any lot therein, including the development of domestic water and the provision of sewage disposal, shall be done in a manner which will meet all the requirements of the Colorado State Department of Health and the Larimer County Public Health Department, and the officers authorized to enforce such requirements.  Until such time there is a public sewage disposal system available to this subdivision, or until such time other methods are approved, “water tight vaults” shall be used for sewage disposal in this subdivision.

3.   All conditions shall be met and the final resolution of the County Commissioners recorded by June 11, 2007, or this approval shall be null and void.

 

 

7.  WEST HILL ESTATES LOT 10 AMENDED PLAT/RIGHT-OF-WAY VACATION - #06-S2640:  This is a request for an amended plat of lot 10 West Hill Estates to vacate the platted right-of-way for the assumed county road 23 ½ width and to add a portion of that vacated right-of-way and an adjacent unsubdivided parcel to Lot 10 of West Hill Estates.  An outlot will be created from the remaining vacated right-of-way, and the adjacent unsubdivided parcel.  The applicant will also be extending the dedicated right-of-way for West Hill Drive and proposes to dedicate the right-of-way (60 feet) on an adjacent property in the alignment of County Road 23.

 

This request has been presented by a land owner and the District to clarify ownership and access to parcels that are owned by both parties and to clarify access to adjacent properties. 

The proposal results from a variety of circumstances:  The original platting of Westhill Estates; The division of the lands to the west into 35-acre parcels and surveying issues; The acquisition of the lands adjacent for the reservoir; and the division of the land to the north into a conservation development. 

 

Various agreements are now in place to deal with these issues.  These agreements address future access to the reservoir thru Westhill Estates, extension of access to the west and north for the property to the north, and resolution of the various parcel issues.  The attached project description provides a good explanation of the situation and how this proposal resolves them.

 

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; The Land Surveyor of the Larimer County Engineering Department; The Larimer County Engineering Department Development Review Team.

 

The Development Service Team finds that the requested Amended Plat and Vacation meets the requirements of the Larimer County Land Use Code and recommends the Board of County Commissioners approve the amended plat of Lot 10 West Hill Estates and right-of-way vacation, subject to the following conditions:

 

  1. All conditions shall be met and the Final Plat be recorded by May 18, 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 requested by Dale Greer, Land Surveyor of the Larimer County Engineering Department.
  3. Prior to presentation of the deed for dedication of the new right-of-way, the applicant shall make the technical corrections requested by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

 

8.  MOORE MINOR SPECIAL REVIEW - #06-Z1613:  This is a request for approval of a Minor Special Review for a detached Accessory Living Area on approximately 35-acres.

 

The applicant seeks approval for an Accessory Living Area through the Minor Special Review process.  The subject property is 35 acres in size and located east of Cobb Lake, off the north side of County Road 54.  Neither the primary residence nor the accessory residential use has been constructed prior to this request.  According to the project description, the Accessory Living Area will not exceed 800 interior square feet, and the applicants will occupy the cabin until the main residence is complete.  The site is located in an area of slightly rolling terrain, surrounded by a natural landscape and other rural, residential uses.

 

Planning Staff has no issues or concerns with this request, other than those mentioned above, or by the recommended conditions of approval listed below.  Staff from the County Engineering Department and the Health Department also reviewed the proposed Minor Special Review.  The Engineering Department notes that the applicant is required to pay the Transportation Capital Expansion Fee, estimated to be $1326 for this use.  The fee must be paid at the time of the Building Permit application for the main residential use.  The applicant has already obtained a building permit for the accessory use.  If the request is denied, the use will be converted to storage space after completion of the primary residence.  No other agency or individuals responded with concerns or objections to the approval of the Minor Special Review.

 

The Land Use Code states that accessory uses are intended to allow property owners the full use of their property, while maintaining the integrity and character of the neighborhood.  To meet these goals, accessory uses and buildings must be erected and used only for purposes that are clearly secondary and incidental to the principal use of the property.  They must be located on the same lot with the principal use as well.  Staff’s assessment is that this request meets these standards.

 

The Development Services Team recommends approval of the Moore Minor Special Review for an Accessory Living Area, subject to the following conditions:

 

  1. The Site shall be developed consistent with the approved plan and with the information contained in the Moore Minor Special Review (File #06-Z1613) 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 Moore Minor Special Review.
  2. This application is approved without the requirement for a Development Agreement.  In the event the applicant fails to comply with any conditions of approval, or fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to Larimer County, the County may withhold building permits, issue a written notice to applicant to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event Larimer County must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, applicant agrees to pay all expenses incurred by the County including, but not limited to, reasonable attorney fees.  The County may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.
  3. 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.
  4. All applicable fees, including permit fees and the Transportation Capital Expansion Fee, shall apply to this use at the time of building permit issuance for the Accessory Living Area.
  5. The habitable space of the current structure shall not exceed 800 square feet, per Section 4.3.10.F.2 of the Larimer County Land Use Code.
  6. The applicant shall sign a Disclosure Notice to advise potential lot buyers of the restrictions placed on the Accessory Living Area at the time of building permit application.  The Accessory Living Area cannot exceed 800 square feet in size and cannot be rented or marked as rental property.

 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve Items 1 through 8 as presented on the Consent Agenda and outlined above.

Motion carried 2-0.

 

 

9.  THE FORKS ZONING VIOLATION - #05-ZV0024:  The property, located at the intersection of Highway 287 and County Road 74E, is in violation of Section 10: Signs, of the Larimer County Land Use Code and Section 105: Permits, of the 2003 International Building Code adopted by Larimer County by virtue of constructing a prohibited roof-top sign, and constructing a pole-type V-sign on the property without first obtaining a building permit. 

 

The former Code Enforcement Officer opened this file on March 9, 2005, finding that signs on the property were either illegal or larger than allowed by the Larimer County Sign Code.  On November 30, 2005, Code Compliance Officer, Chad Gray, went to the property and took photos of the signs.  He spoke with the owner of The Forks, Kathy Moore, and informed her there was no record of permits for the signs on the property installed sometime after a photograph taken by the Assessor in 1996.  She said she would pass on the information to her attorney.  Casey Stewart with the Larimer County Planning Department spoke with her attorney, Bill Kaufmann, on April 5, 2006, to explain the situation.  Mr. Kaufman informed Mr. Stewart he would get back to him within a few days.  Chad Gray spoke with Ms. Moore again in July.  At that time, she told Mr. Gray her realtor, Patti Phillips, would take care of the sign issues for her.  Casey Stewart has tried on several occasions to talk with Patti Phillips with no results.

 

Notice of this hearing was mailed certified and regular mail to the owners.  Staff has talked with the owner of the property to advise in the steps that should be taken to reach compliance with County regulations. 

 

The Larimer County Sign Code was enacted, in part, to avoid clutter and protect and maintain the visual appearance and property values in the County, as well as provide fair business competition.  Staff finds that a violation does exist and requires compliance with the Larimer County Land Use Code within 30 days, and authorize legal action if the deadline is not met.  The following items must be completed in order to reach compliance with the Larimer County Land Use Code:  Remove the rooftop sign and obtain building permits for all the signs on the property.

 

Mr. Gray outlined the issues listed above, and explained certain aspects of the zoning violation.  He explained that the current signs are too large and too high off the ground.  He stated that staff wants to ensure that fair signage is present, and the applicant is working with staff to correct these problems. 

 

Ms. Moore, applicant, explained that it has been extremely difficult to comply with the County regulations thus far due to scheduling conflicts, and issues pertaining to the other owners of The Forks.  She said that she would be able to comply with County regulations if given more than 30 days.  She intends to sell The Forks once all outstanding issues are resolved.  She also stated that the roof-top sign had been completely removed in November.  Chair Gibson opened the hearing for public comment, and no one from the audience addressed the Board.

 

Some discussion among the Commissioners and staff ensued.  It was decided by the Board and the applicant that 90 days would be adequate time for the applicant to comply with the County sign regulations.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners find a violation exists, and require compliance within 90 days, and authorize legal action if the 90 day deadline is not met.  Compliance will require that the owner obtain building permits for all signage located on the property. 

Motion carried 2-0.

 

 

10.  DEMMEL LAKE ESTATES CONSERVATION DEVELOPMENT - #04-S2385:  This is a Preliminary Plat review for a Conservation Development to divide approximately 182-acres into 17 single family lots and residual lots.  The site is located on the north and south sides of County Road 64 on the west side of County Road 11 one mile west of the Wellington town limits.  The existing parcels are traversed by County Road 64.  For ease of discussion, the northern parcel will be called “Parcel 1” and the southern parcel “Parcel 2”.  Seventeen total single-family lots, 149 acres of residual land (80%), and four common area lots are proposed.  The area contains a network of irrigation canals and reservoirs:  Demmel Lake is located just off the property to the west, North Poudre Reservoir #4 to the northeast, North Poudre Reservoir #3 to the north, and Bee Lake to the south.  Canals include the Poudre Valley and various legs of the North Poudre Canal system.  The Poudre Valley Canal forms the southern boundary of Parcel 2. 

 

Parts of Parcels 1 and 2 are currently farmed.  There is an irrigation well at the SE corner of Parcel 1.  An existing residence on Parcel 2 serves as a farmstead. The existing residence uses septic, a well and two driveways from County Road 11.  A portion of Parcel 1 along the northern boundary is intermittent pond and associated wetlands.  Wetland vegetation follows the pond’s southern rim. 

This Conservation Development would use Northern Colorado Water Association water and on-site septic.  Proposed primary access for the new single-family residential lots is proposed from County Road 64 with emergency access to County Road 11. 

 

This application was originally presented to the Larimer County Planning Commission on their consent agenda for the October 18, 2006, meeting.  However, two neighbors Mr. Kaul and Mrs. Brown were present and requested the application be discussed.  The applicant made no presentation due to the fact that the application had been on consent.  Mrs. Brown had questions with respect to the required moving of the irrigation well and how that might affect her property in the future.  Mr. Kaul had questions related to the proximity of the development to his home, putting notice out that he operates motorbikes on his property, the potential for failing sanitation systems, the appropriateness of the access to the property and its safety and concerns with the potential for annexation to Wellington in the future. 

 

Staff and the applicant addressed these issues for the Larimer County Planning Commission noting that the required moving of the well was a part of the development review process, and responded to Mr. Kaul’s concerns about access and annexation as well as the existence of the motorbike use on the site. 

 

The Larimer County Planning Commission had a concern about outdoor lighting, but did not make them a condition of approval.  Staff has added a condition to respond to that concern.  The Larimer County Planning Commission has recommended approval buy a unanimous vote. 

 

The Planning Commission and the Development Services Team recommends approval of the Demmel Lake Estates Conservation Development appeal subject to the following conditions:

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Demmel Lake Estates Conservation Development (File #04-S2385) 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 Demmel Lake Estates Conservation Development (File # 04-S2385). 

2.   All residential buildings will contain fire sprinklers.  Wellington Fire Department must review the Final Plat submittal.

3.   The following fees shall be collected at building permit issuance for new single family dwellings: Poudre R1 school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees (in lieu of dedication) and Cooper Slough/Boxelder drainage basin fees.  The fee amount that is current at the time of building permit application shall apply.  Development Construction Permit Fees shall be paid prior to the start of improvement construction.

4.   All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation.  The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed and approved on a development wide basis.

5.   Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted.

6.   A statement will be prominently displayed in a plat note, building permit records, and disclosure notice that, “Standard septic systems are not feasible due to soil conditions.  With platted lot sizes, location of sewage disposal may take precedence over location of residences.  Sewage disposal system design must take place at the beginning of site design.  No building permits will be issued until site-specific plans for sewage disposal is approved by the County Health Department."

7.   One and only one direct access will be provided to the existing house which meets the minimum access spacing requirement of 300 feet.  One access must be eliminated within 90 days of issuance of the Development Construction Permit (DCP) or the DCP will be revoked.

8.   The existing irrigation well near the intersection of County Roads 64 and 11 shall be relocated outside of the existing and proposed right-of-way for those roads. The well must be relocated within 90 days of the issuance of the Development Construction Permit or the DCP will be revoked.

9.   The final covenants for this development shall reflect the requirement that all exterior light shall be sharp cut off down directed fixtures that are can be controlled manually.

 

Mr. Helmick explained that the applicant was not present, and felt that although it would be an inconvenience to the public who showed up for the hearing, it might be more advantageous to table this item to a date where everyone could be in attendance.  Mr. Helmick asked Ms. Haag for advice on this issue.  Ms. Haag said that the process would go more smoothly if public comment was postponed until the applicant and the public could speak at the same hearing. 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners table the Demmel Lake Estates Conservation Development - #04-S2385 to January 8, 2007, to allow for better discussion on this item. 

Motion carried 2-0.

 

 

The meeting adjourned at 3:55 p.m.

 

 

ADMINISTRATIVE MATTERS

(# 151 AND # 152)

 

The Board of County Commissioners met at 9:30 a.m. with County Manager, Frank Lancaster.  Chair Gibson presided and Commissioners Wagner and Rennels were present.  Also present were:  Donna Hart, Commissioners’ Office; Margaret Long, and Ruth Coberly, Office on Aging; Ed Schemm, Environmental Health Department; Dave Rowe, Information Technology Division; Justin Smith, Jim Alderden, and Bill Nelson, Sheriff’s Office; George Hass, County Attorney; and Kristen Romary, Deputy Clerk.

 

 

1.  PUBLIC COMMENT:  There was no public comment today.

 

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 4, 2006:

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of December 4, 2006.

Motion carried 3-0.

 

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 18, 2006:  The Commissioners reviewed and discussed the upcoming schedule with Ms. Hart.

 

 

4.  CONSENT AGENDA:

 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for December 12, 2006:

 

 

ABATEMENTS:  As recommended by the County Assessor, the following Petition for Abatement is approved: Machen, J. Bernard.

 

12122006A001           AMENDMENT NUMBER FOUR (4) TO THE SUBCONTRACT BETWEEN THE REGENTS OF THE UNIVERSITY OF COLORADO ON BEHALF OF THE UNIVERSITY OF COLORADO AT DENVER AND HEALTH SCIENCES CENTER AND LARIMER COUNTY WORKFORCE CENTER

 

12122006D001           DEED OF DEDICATION FOR AMERICAN DOG SCHOOL MSR BY VINCENT ANDREW CARRASCO JR. FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

12122006D002           DEED OF DEDICATION BY CHARLES HENRY WATT JR. AND MERIDEE JEAN MORGAN FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

12122006D003           DEED OF CONSERVATION EASEMENT BY JAMES D. BRADLEY AND CHRISTY D. BRADLEY FOR THE PURPOSE OF CONSERVING THE AGRICULTURAL, WILDLIFE AND PLANT HABITAT, OPEN SPACE AND SCENIC QUALITIES OF THE SUBJECT PROPERTY

 

12122006D004           DEED OF DEDICATION BY HALEY BATES AND BRAD RHONDA FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

12122006R001           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 4 AND 5 IN THE STANLEY HEIGHTS SUBDIVISION

 

12122006R002           RESOLUTION TO APPROVE AND ADOPT LARIMER COUNTY PERSONNEL POLICIES

 

12122006R003           RESOLUTION FINDING THAT IT IS NOT PRESENTLY FISCALLY APPROPRIATE TO MAKE AN ELECTION AT THIS TIME TO INCLUDE OFFICIALS AND EMPLOYEES OF THE OFFICE OF THE DISTRICT ATTORNEY TO PARTICIPATE IN THE COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION

 

MISCELLANEOUS:  WIA/Wagner Peyser Additional Funding Expenditure Authorization; Reappoint the County Forester as the County Pest Inspector; Colorado Department of Human Services Certification of Compliance – County Merit System 2007; Office on Aging Four Year Plan.

 

LIQUOR LICENSES:  The following liquor license was approved: Wally’s Restaurant and Lounge – Transfer of Ownership – Fort Collins.

 

Motion carried 3-0.

 

 

5.  COMMISSIONERS PRESENTATION:  Commissioner Rennels presented the 2006 Governor’s Volunteer Service Award to Shannon “Sam” Waldo, employee of the Parks and Open Lands Department.  The award recognizes Ms. Waldo for her lifetime of service to her community through many volunteer commitments.  Commissioner Rennels nominated Ms. Waldo for this esteemed award.

 

6.  OFFICE ON AGING FOUR YEAR PLAN:  Ms. Long explained that every four years area agencies on aging are required to submit a four year plan as part of securing ongoing funding, specifically from the Federal Older Americans Act Fund.  Ms. Long stated that a decrease in services will occur in the future unless outside revenue is found, this is due to an increase in the senior population and a decrease in overall funding. 

 

Some discussion among the Commissioners ensued, and it was agreed that the County needs to better serve the aging population. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Office on Aging four year plan.

Motion carried 3-0.

 

 

7.  GRANT SPONSORSHIP FOR HIDDEN VIEW ESTATES:  Mr. Schemm stated that the Hidden View Estates Homeowners Association (HOA) has requested that Larimer County sponsor a request to the Colorado Department of Local Affairs for a grant in the amount of $15,000 to assist them in the planning and design of improvements to their wastewater treatment system.  The Department of Local Affairs requires a letter of request approved by the Board and signed by the Chair.  Hidden View Estates intends to match this grant dollar for dollar, and no county funds will be necessary for the project. 

 

Ronald and Rita Harden, residents of Hidden View Estates and members of the Homeowners Association, were present and Ms. Harden said that the HOA was planning on creating a Public Improvement District (PID) to help with the funding.  It was explained that the current wastewater treatment system does not comply with current Colorado wastewater discharge limits, and the residents of Hidden View Estates are requesting a grant from the Department of Local Affairs to help correct the issue.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve a letter of request to the Department of Local Affairs requesting a grant on behalf of Hidden View Estates and authorize the Chair to sign the same.

Motion carried 3-0.

 

8.  MIDDLE BALD MOUNTAIN TOWER PROJECT UPDATE:  Mr. Rowe presented information regarding the proposed 60-foot public safety communication tower to be placed on Middle Bald Mountain in order to provide more efficient radio service to the area.  The tower would greatly improve service for The Colorado Department of Transportation, local fire and police departments, volunteers, and Larimer County.  Mr. Rowe explained that a press release was submitted, and letters were recently mailed to the public.  The reason for the update today was to inform the Board of potential citizen questions regarding this issue. 

 

 

9.  INPUT ON LARIMER EMERGENCY TELEPHONE AUTHORITY (LETA) BOARD APPOINTMENT:  Sheriff Alderden asked that the Board reconsider their decision made on November 21, 2006, to appoint Chair Gibson to the LETA Board.  It is the opinion of the Sheriff’s Office that Major Justin Smith would be better suited to serve on the LETA Board as the Larimer County representative.  Mr. Smith explained his background in the emergency services field, and stated that he had been training for months on LETA specific duties.  The applicants feel that if Mr. Smith is not appointed to the Board, the Sheriff’s Office will lose representation related to issues that directly affect them.  Another concern expressed by Sheriff Alderden and Major Nelson had to do with a conflict of interest if any member of the Board of County Commissioners were to serve on the LETA Board.

 

Chair Gibson expressed his desire to serve on the LETA Board, and feels as though he would be an asset to the Board through his background knowledge, and would provide a different perspective than those in the public service sector. 

 

Commissioner Wagner asked if there was a possibility for Chair Gibson to be a nonvoting LETA Board member, and provide input and perspective in that manor instead.  It was suggested that he be a liaison between the Board of County Commissioners and LETA without actually serving on the LETA Board.  Commissioners Rennels and Wagner agreed that they would be willing to open the LETA Board appointment again, to ensure that all those interested in applying have adequate time to do so.  The Board along with the representatives of the Sheriff’s Office agreed that the appointment could be postponed until the beginning of January, which would allow more time for a decision, and enable all those serving on the Board to attend a LETA retreat on January 3, 2007. 

 

 

10.  WORKSESSION:  Mr. Lancaster reminded the Board that it is time to start thinking about who will serve as the Chair and Chair Pro-Tem for the Board of County Commissioners in 2007. 

 

Also, Mr. Lancaster and the Board agreed that they would use the same format in 2007 as in 2006 when selecting who will serve on specific Boards and Commissions.  In 2006, a draft format was used where each Commissioner selected those appointments they would most like to serve, and all others would be added to a pool and chosen one at a time. 

 

 

11.  COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week.

 

 

12. LEGAL MATTERS:  Mr. Hass briefly outlined the Colorado State Statute that refers to due process of the Sheriff as it pertains to the Deputies serving under the Sheriff.  Mr. Hass also explained the flexibility other elected officials have in compensation spending.  Mr. Lancaster stated that the elected officials signed an agreement to make certain that they follow the Commissioners Compensation Plan, in order to ensure consistency throughout the County.

 

Executive Session – (Tape #153)

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session for the purpose of discussing personnel matters as outlined in 24-6-402(4)(f) C.R.S.

Motion carried 3-0.

 

 

The Executive Session ended at 11:40, with no further action taken.

 

 

 

 

 

 

 

 

 

 

__________________________________________

  GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 _________________________________

Kristen L. Romary, Deputy Clerk