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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, July 23, 2007

 

LAND USE HEARING

(# 94)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Rennels presided and Commissioner Eubanks was present.  Also present were:  Matt Lafferty, and Chad Bahr, Planning Department; Christie Coleman, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, Assistant County Attorney; and Kristen Romary, Deputy Clerk.

 

Chair Rennels 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 Rennels then explained that Item 1, Ponderosa Ridge Minor Land Division File #07-S2702, was on consent and would not be discussed unless requested by the Board, staff, or a member of the audience.  Mr. Bahr said that there was a minor change to the conditions as recommended by staff, and Condition 2 would be removed as a condition of approval.  The applicant confirmed their approval to remove Condition 2 from staff’s list of recommendations.    

 

 

1.  PONDEROSA RIDGE MINOR LAND DIVISION - #07-S2702:  This is a request for a Minor Land division to create five lots ranging between 10 and 20 acres in size and a sixth out-lot consisting of 121 acres, the former, for residential purposes.        

 

The current area consists of five properties totaling 194.3 acres in size that are long and rather narrow in an east-west orientation located northwest and adjacent to the City of Loveland.  Four of the five properties currently have single-family residences on them.  Geographically speaking, the property on the west runs up to the hogback ridge and as it runs towards the east, lowers in elevation and is used agriculturally. The property is bisected by the Loveland Growth Management Area (GMA) boundary line. The west portion of the property is outside said line and the east portion is contained within the area.

 

The applicant, Ponderosa Ridge LLC, desires to plat said property as a six lot division in the form of a minor land division (MLD) as described in Section 5.4.2 of the Larimer County Land Use Code.  As proposed, Lots 1-5 would range from ten to twenty acres in size on the west portion of the entire property and Lot 6 would consist of 121 acres located on the east portion of the property.  The applicant desires that if the MLD is approved, that eventually the proposed Lot 6 would be annexed into the City of Loveland and developed at urban densities.

 

The applicant claims that the portion of their property lying east of the Ridge Park Way access easement/road is used by the nearby urban population of Loveland as a de facto public space or recreational area, thus, increasing liability to the property owner and lowering their property value.

 

The individual properties are currently served by individual water wells and sewer systems. If the MLD is approved, the proposed Lot 4, if developed, would need new additional private water and sewer service.

 

Vehicle access is currently accomplished from West 43rd Street as is runs west from the City of Loveland and then turns into a sand/gravel road called Ridge Park Way.  Ridge Park Way is in the form of a 60 foot wide road easement and does not currently have public right-of-way (ROW) status.  Ponderosa Ridge recorded covenants and restrictions in 1993 for this area. 

 

The Development Services Team recommends approval of the Ponderosa Ridge Minor Land Division (File #07-S2702) 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:

 

·  Conditions to be met:

 

1)   Dedicate the existing Ridge Park Way road easement as a 60 foot public ROW.

2)   Do not submit a geologic hazard mitigation plan prior to Board of County Commissioner (BCC) consideration.

3)   Meet all survey standards as specified in the memo dated June 8, 2007, from Larimer County Land Surveyor, Dale Greer.

4)   Correct misspelling of the first name for the signature block for property owner Simchuk as “Erik,” not Erick.

5)   Name all current driveways serving existing homes to meet current Larimer County rural addressing standards. This shall be done via this MLD process and prior to recording of the plat at the register of deeds office, thus, the names shall be represented on the plat.

6)   Requirements of the local (Loveland) Fire Code and NFPA currently adopted at the time of new construction will have to be met and new residential construction on Lot 4 will be required to have residential fire sprinklers installed. Lot 6 shall be annexed into the City of Loveland prior to any development of said lot.  

·  All conditions (see above) of approval shall be met and the Final Plat recorded by January 10, 2008, or this approval shall be null and void.

 

·  The following fees shall be collected at building permit issuance for new single family dwellings: Thompson RJ-2 school fee, Larimer County fees for county and Regional Transportation Capital Expansion, Larimer County Community Park Fee (in lieu of dedication) and drainage fee.  The fee amount that is current at the time of building permit application shall apply.

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve Item 1 as listed on the Consent Agenda and outlined above, with the removal of Condition 2.

Motion carried 2-0.

 

 

2.  MALOOF MINOR LAND DIVISION AMENDED PLAT - #07-S2705:  This is a request to amend the Amended Plat of Lot 2 of the Maloof Minor Land Division by changing a note on the plat that restricts further development/division of the property without County Commissioner approval of a land division application.  This is also a request for an appeal to the application fee for said amendment.

 

The applicant requests to amend the Amended Plat of Lot 2 of the Maloof Minor Land Division to remove the following note on the plat:  “Lot 1 of the Amended Plat of the Maloof MLD #98-EX1225 shall not be divided further without county subdivision approval.”

 

Originally, the Maloof property consisted of 472 acres, whose property had the potential of producing thirteen 35-acre lots by Senate Bill 35.  Previously, the applicant did not foresee a future that would cause him to dispose of his property and thus elected to perform a Minor Land Division that allowed for a maximum of four lots based upon at least a minimum land area of 145 acres (four 35 acre lots), with one of the lots remaining on the balance of the property.  This application was approved and according to the regulations at the time, a note was placed on the plat saying that no further development of the site could occur without approval from the Board of County Commissioners through an applicable subdivision application.  This note restricted the balance (367 acres) of the original property 472 acres minus 105 acres (3 existing 10 acre lots) which equals 367 acres from 35 acre lots through the provision of Senate Bill 35.  Therefore, the applicant is requesting the he be allowed his minimum rights to 13 lots without having to obtain County Commissioner approval by the current subdivision regulations.

 

The Development Services Team believes that the past condition of the Maloof Minor Land Division was not intended to take away any existing rights of the applicant, but rather to ensure that no more lots than allowed by Senate Bill 35 (35 acre lots) could be achieved without Commissioner approval.  Therefore, staff is supporting the applicant’s request that 367 acres of the original 472 acres not be subject to the conditions of the MLD plat, unless lots less than 35 acres are to be created.  To accomplish this the applicant shall provide an amended plat illustrating the portions of the property that are not eligible for further development by Senate Bill 36, which area shall be contiguous to and directly related to the 3 existing 10 acre lots.

 

The Development Services Team recommends approval of the Amended Plat of Lot 2 of the Maloof Minor Land Division 99-S1364 subject to the following condition:

 

1.   All conditions of approval shall be met and the Final Plat recorded by December 28, 2007, or this approval shall be null and void.

3.   A revised plat shall be provided illustrating which portions of the property are not eligible for 35 acre development and which are eligible.  The non-eligible portions of the property shall be contiguous to and directly relate to the 3 existing 10 acre lots.

4.   The following Plat note on the Amended Plat of Lot 2 of the Maloof Minor Land Division shall no longer apply to all but 105 acres of the property:  “Lot 1 of the Amended Plat of the Maloof MLD #98-EX1225 shall not be divided further without county subdivision approval.”

 

Mr. Lafferty explained that the request for a fee reduction or waiver was because the amount of staff time spent on the amended plat would be minimal.  He explained that the plat is already in existence and the amendment will do nothing more than revise the original plat.  He said that in this case, staff would approve a reduction in the application fees. 

 

Bruce Maloof, applicant, said that he was in agreement with the conditions outlined by staff and with the reduction in the application fee.  At this time, Chair Rennels opened the hearing for public comment.  No one from the audience addressed the Board.  A brief discussion among staff and the Board ensued.

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the Amended Plat of Lot 2 of the Maloof Minor Land Division (File #99-S1364) as recommended by the Development Services Team.

Motion carried 2-0.

 

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the request to waive the application fee.

Motion carried 2-0.

 

 

The meeting ended at 3:10 p.m.

 

 

 

TUESDAY, JULY 24, 2007

 

ADMINISTRATIVE MATTERS

(# 95 & # 96)

 

The Board of County Commissioners met at 9:30 a.m. with Frank Lancaster, County Manager.  Chair Rennels presided and Commissioner Eubanks was present.  Also present were:  Deni LaRue, Donna Hart, and Diane Tokarz, Commissioners’ Office; Major Bill Nelson, Sheriff’s Office; Carol Block, and Lorrie Lopez, Finance Department; and Kristen Romary, Deputy Clerk. 

 

 

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

 

 

2.  APPROVAL OF THE MINUTES FOR THE WEEKS OF JULY 9, 2007, AND JULY 16, 2007:

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners table the approval of the minutes for the week of July 9, 2007, to July 30, 2007, when Commissioner Gibson returns. 

Motion carried 2-0.

 

Mr. Lancaster and Commissioner Rennels noted that the minutes for the week of July 16, 2007, could not be approved due to a lack of a quorum.  At this time Chair Rennels said that she approves of the minutes for the week of July 16, 2007, but the minutes cannot be formally approved by a motion since Commissioner Gibson was not present for the hearings, and Commissioner Eubanks had not been sworn in to office until after the hearings took place. 

 

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 30, 2007Ms. Hart reviewed the upcoming schedule with the Board.

 

 

4.  CONSENT AGENDA:

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for July 24, 2007:

 

07242007A001           INTERIM INTERGOVERNMENTAL AGREEMENT AMONG THE FORT COLLINS REGIONAL LIBRARY DISTRICT, CITY OF FORT COLLINS, COLORADO AND THE COUNTY OF LARIMER COLORADO

 

07242007A002           DEVELOPMENT AGREEMENT WARBERG FARM CONSERVATION DEVELOPMENT FILE #04-S2296

 

07242007A003           DRAINAGE AGREEMENT BETWEEN LARIMER COUNTY AND JERRY BRANDT, OWNER CLASSIC DOOR & MILL WORK, INC., 509 NORTH LINK LANE, FORT COLLINS, COLORADO

 

07242007D001           DEED OF DEDICATION FOR ADDITIONAL RIGHT OF WAY ALONG LINK LANE

 

07242007R001           GLACIER VIEW MEADOWS 7TH FILING LOTS 41 & 43 LOT CONSOLIDATION

 

07242007R002           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR WARBERG FARM CONSERVATION DEVELOPMENT FILE #04-S2296

 

07242007R003           RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR A PUBLIC IMPROVEMENT DISTRICT

 

07242007R004           FINDINGS AND RESOLUTION AUTHORIZING CONTINUING OPERATIONS OF MONROE EXCAVATING

 

MISCELLANEOUS:  Agreement and Release between Larimer County and Employee; Promoting Safe and Stable Families Program Grant; Final Plat – Warberg Farm Conservation Development; Core Services 3-year Plan – Family Division.

 

LIQUOR LICENSES:  The following liquor license was approved and issued: Forefront Ventures LLC, dba Osiris Nightclub – Tavern – Fort Collins; The following liquor licenses were approved:  Wapiti Park Corp dba Rocky Mountain Gateway H & R – New Manager Registration – Estes Park, and Loveland Rural Fire Protection District – Special Event 6% - Drake.  The following liquor licenses were issued: American Cancer Society – Special Event 6% - Fort Collins; and Club Static – Tavern – Fort Collins.

 

Motion carried 2-0.

 

 

At this time Mr. Lancaster explained that a representative from the Sheriff’s Office wanted to present a Resolution to the Board to enact a fire ban throughout Larimer County.  Major Bill Nelson said that due to unusually dry weather and high temperatures, the potential for forest and grass fires in Larimer County is extremely high.  He said that it is staff’s recommendation to approve a Resolution Declaring Fire Restrictions in Larimer County effective 12:00 noon, July 24, 2007, through midnight September 4, 2007.  The fire restriction will ban open fires, contained open fires, and the use of fireworks.  Staff and the Board agreed that a fire ban in Larimer County is a wise idea. 

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve a Resolution Declaring Fire Restrictions in Larimer County effective 12:00 noon, July 24, 2007, through midnight September 4, 2007.

Motion carried 2-0.

 

07242007R005           RESOLUTION DECLARING FIRE RESTRICTIONS IN LARIMER COUNTY

 

 

5.  REVIEW OF THE 2006 COMPREHENSIVE FINANCIAL REPORT:  Alan Holmberg, representative from Anderson & Whitney, reviewed the 2006 Comprehensive Financial Report with the Board.  Ms. Block explained that the independent firm issued an unqualified opinion on the financial statements from the county, and provided the county with management recommendations.  Some discussion among the Board ensued. 

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the 2006 Comprehensive Financial Reports. 

Motion carried 2-0.

 

 

6.  APPOINTMENTS TO BOARDS AND COMMISSIONS:  Ms. Tokarz outlined the appointments to the Parks Advisory Board:  Russell Fruits, and Kathy Palmeri appointed to a 3-year term beginning July 1, 2007, and ending June 30, 2010.

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the appointments to the Parks Advisory Board as listed.

Motion carried 2-0.

 

 

7.  CERTIFICATION OF APPOINTMENT OF COUNTY COMMISSIONERMr. Lancaster explained that Colorado Revised Statute 1-12-210 states that all appointments shall be evidenced by an appropriate entry in the minutes of the meeting of the governing board. 

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners recognize and certify the appointment of Mr. Randy Eubanks as the Larimer County Commissioner, District II, as appointed by the Vacancy Committee of the Larimer County Democratic Party, the legal appointing authority.

Motion carried 2-0.

 

 

8.  POLICY GOVERNANCE QUARTERLY REPORT:  Mr. Lancaster presented the Policy Governance Quarterly Report to the Board.

 

 

9.  BOARD OF COUNTY COMMISSIONERS CONVENE AS BOARD OF EQUALIZATION TO APPROVE RECOMMENDATIONS OF THE BOARD OF EQUALIZATION REFEREES:

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners convene as the Board of Equalization.

Motion carried 2-0.

 

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the recommendations of the Board of Equalization referees for July 18, 19, 20, and 23, 2007.

Motion carried 2-0.

 

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners adjourn as the Board of Equalization and reconvene as the Board of County Commissioners.

Motion carried 2-0.

 

 

10. COUNTY MANAGER WORKSESSION:  Mr. Lancaster explained that the Horsetooth Double Dip Bicycle Challenge will raise funds to support TEAM Fort Collins, the Rist Canyon Volunteer Fire Department, and Colorado State University Rams Cycling Scholarship Fund.  The event will take place on August 26, 2007, and event coordinators are requesting a waiver of the 45 day Special Event Application deadline in order for the event to occur as planned. 

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the waiver of the 45 day Special Event Application deadline for the Horsetooth Double Dip Bicycle Challenge.

Motion carried 2-0.

 

 

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

 

 

12.  LEGAL MATTERS:  There were no legal matters to discuss.

 

 

The meeting ended at 10:30 a.m.

 

 

 

 

 

 

__________________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

__________________________________

Kristen L. Romary, Deputy Clerk