MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, SePTEMBER 10, 2007
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principle Planner. Chair Rennels presided and Commissioner Eubanks was present. Also present were: Matt Johnson, Engineering; Matt Lafferty and Sean Wheeler, Planning; Doug Ryan, Environmental Health; Jeanine Haag, Assistant County Attorney; and Angela Myers, Deputy Clerk.
Chair Rennels opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code. No one from the audience addressed the Board regarding these topics. Chair Rennels explained that the following item is on consent and would not be discussed unless requested by the Board, staff or members of the audience:
1. COLARD MINOR RESIDENTIAL DEVELOPMENT TRACT AA AND LOT 1A AMENDED PLAT AND EASEMENT VACATION, FILE #07-S2715: This request is for Amended Plat to reconfigure the lots into their original configuration and to vacate a 20-foot access easement. The applicant seeks approval for an amended plat between Lot 1A and Tract AA of the Colard Minor Residential Development (MRD). With approval of the Amended Plat, Lot 1A will be reduced to 10 acres in size and Tract AA will increase to 16.3 acres in size. There is a single family home on each existing lot, along with several outbuildings. Access to the new Lot 1A will be through the new Tract AA, via a 20-foot wide access easement. The applicant has also indicated there is an old “bunkhouse” that has been on the site for perhaps 100 years, but did not provide any more information on this structure. The amended plat will dedicate a new utility easement for the existing Poudre Valley Rural Electric Authority lines on site. The project description does not indicate if there is a shared well on site or if there are two wells. However, the residential uses exist and no new well permits are required. Finally, approval of this request will not create any additional lots.
The Larimer County Department of Health and Environment and Engineering Department did not object to the request. The Engineering Department will require that the access easement shall be 40-feet in width on the Final Plat, instead of the 20-feet currently shown. The applicant’s engineer must also address the technical survey questions raised in comments provided by Engineering dated November 17, 2003.
There are no zoning related issues on either lot. However, the County Building Department noted there are no permits on file for any of the outbuildings on the site. Staff is not clear on the ages of these outbuildings but recommends the applicant contact the building department to address possible permit related issues.
The Utility Providers did not object to the request.
Staff finds that the proposed amended plat complies with the Larimer County Land Use Code; the proposed amended plat is compatible with other development in the surrounding area; approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; and the amended plat will not adversely affect property values in the surrounding area.
The Development Services Team recommends approval of the Amended Plat of Lot 1A and Tract AA of the previously Amended Plat of the Colard Minor Residential Development, subject to the following conditions:
1. The Final Amended Plat shall be consistent with the information contained in File 07-S2715 or as modified by conditions of approval.
2. The Final Amended Plat shall include all easements required for access and by the Utility Providers.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the consent agenda as outlined above.
Motion carried 2-0.
3. MAREZ SUBDIVISION PRELIMINARY PLAT, FILE #05-S2532: Sean Wheeler explained that this is a Preliminary Plat request to subdivide 18 acres into 3 single-family residential lot(s). The application also includes an appeal to Section 8.14.2.Q (Maximum Road Length) of the Larimer County Land Use Code. He explained that the applicant and staff were in agreement on the conditions of the request; however, the appeal to Section 8.14.2.Q of the Larimer County Land Use Code prevented it from being placed on the consent agenda.
The applicant seeks approval to subdivide 18 acres into 3 single-family residential lots. The project includes an appeal to Section 8.14.2.Q (Maximum Road Length) of the Land Use Code. The site is located off Otero Avenue, on the east side of Glade Road (CR# 25E) approximately 1/2 mile north of the intersection of Glade Road and CR# 24H. The applicant’s residence is located on Lot 2 as shown on the Preliminary Plat. Lots 2 and 3 will both take access off a planned extension of Otero Avenue, which Lot 1 will access directly onto Glade Road as proposed. In addition, the Milner Glade drainage channel bisects the property, thus preventing a layout of lots that would allow all three to take access off Otero Avenue. The surrounding area is currently made up of rural residential lots of various sizes. The proposed lots are 5.4, 3.9 and 7.8 aces in size, exceeding the minimum required by the FA-1 zoning. Finally, all lots will be served by the Little Thompson Water District and on-site septic systems. The Loveland Rural Fire Protection District will provide emergency services to the site. Also, the Milner Creek drainage shall be maintained by the owner of Lot 1 as it is located there. A shared maintenance agreement must be provided for the owners of Lots 2 and 3 who shall have joint responsibility for care of the Otero Road extension.
All items of concern for the Planning Department have been addressed above, except the following:
Neighborhood Meeting: The applicant held the required neighborhood meeting on April 19, 2006. Three neighbors attended along with the applicants and their facilitator. No surrounding property owners have contacted Planning Staff with objections to this request.
Outstanding Building Permits: There is a single outstanding building permit from 2004 that remains to be finalized. If the request is approved, the Code Compliance Staff ask that they be required to complete the processing of this permit (see Code Compliance 1/23/06 memo) prior to recording of the Final Plat.
Livestock Management: A Use Plan is not required for this project based on the Land Use Code provisions. Because of the FA-1 zoning livestock are allowed on the lots, subject to Land Use Code requirements. Staff recommends that any Homeowners Association covenants contain requirements for the proper management of livestock on these lots. The County Extension Office can provide information in this regard.
Section 8.14.2.Q Appeal: Based on an assessment of this appeal by the Engineering Staff and of the benefit to possible future development by the extension of Otero Drive, Planning Staff support the appeal. Approval of the appeal will allow the applicants to exceed the maximum allowed dead end road length of 660’ without providing an additional point of access into the site. In addition, the Loveland Rural Fire Prevention Bureau did not object to the extension, and it allows the applicant to meet the requirement for connectivity.
The Health Department’s comments also suggest the applicant’s contact the County Extension Service about pasture management recommendations. All other requirements of the Health Department have been addressed elsewhere. There are no outstanding requirements from the County Engineering Department not already addressed. The Larimer County Weed District has information regarding the control of noxious weeds. The applicants are encouraged to contact the Weed District for information in controlling weeds as part of a larger pasture management plan.
This proposal would create two new single-family residential lots for a total of three that are of similar size to existing lots in the neighborhood. Access would be from C.R. 25E (Glade Road) and internal roads serving South Moffet Park Subdivision. The Development Services Team conclusion is that this project satisfies the Land Use Code requirements, including all Section 8 standards, except for the one appeal. The appeal is to allow for extending Otero Avenue beyond 660-feet in length. As already noted the approval of the appeal will provide other benefits, such as allowing for connectivity to future development to the south. None of the comments raised by internal or external reviewing agencies objected to the request. The recommendations made by reviewers are typical for this type of development, and should not provide obstacles for the applicants in wrapping up the process at Final Plat. Finally, the Development Services Team did not make note of any negative impacts from the approval of this request, and thus support a recommendation of conditional approval from the Planning Commission to the Board of County Commissioners for this request.
The Development Services Team Finds that the Marez Subdivision is compatible with existing and permitted land uses in the surrounding area, provided the applicant complies with the recommendations noted; the Marez Subdivision can comply with all standards of the Land Use Code and with all other federal, state and county laws and regulations, provided the applicant complies with the recommendations noted; the recommendations of referral agencies for the Marez Subdivision have been considered; and approval of the Marez subdivision will not result in a substantial adverse impact on other property in the vicinity of the proposed subdivision.
The Development Services Team recommends that the Planning Commission recommend to the Board of County Commissioners approval of the Marez Subdivision (File #05-S2532), including approval of the appeal to Section 8.14.2.Q of the Land Use Code, subject to the following conditions:
1. The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Marez Subdivision (File #05-S2532) 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 Marez Subdivision.
2. Construction plans must show the widening of Otero Avenue out to a minimum of 24 feet total from the crest of the vertical curve southward to the proposed development, approximately 1,500 feet.
3. The applicant shall sign a Final Development Agreement for approval by the County as a part of the Final Plat, and to be recorded with the Final Plat. This agreement shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but is not limited to; the issues related to rural development, the need for engineered footings and foundations if required, the need for passive radon mitigation, the provision of fire protection measures and the issues raised in the review and or related to compliance with the Larimer County Land Use Code.
4. The applicant shall sign a Disclosure Notice for approval by the County as a part of the Final Plat, and to be recorded with the Final Plat, that provides important information to potential buyers about conditions of approval, rural area issues, livestock issues, water rights, etc.
5. The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R2-J District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional and Community Park Fees (in lieu of dedication) and Loveland basin drainage fees. The fee amount that is current at the time of building permit application shall apply.
6. Fire Requirements – All new residential buildings shall either be equipped with fire sprinklers or a fire hydrant must be located within 400 feet of the building.
7. 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 three 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 on a development-wide basis.
8. 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.
9. The applicant shall obtain an access permit for Lot 1 off County Road 25E (Glade Road) for work on Lot 1, no later than one year from the date of recording of the Final Plat.
Chair Rennels invited the applicant to address the Board. Rubin Marez, property owner of 4601 Otero, approached the board. He asked for clarification from staff regarding whether future property owners who buy lots in this subdivision will be required to be members of the HOA. It was explained that they would only be included for purposes of road maintenance. Mr. Marez concurred with this, stating that he had been paying his share of road maintenance since purchasing the property 15 years ago. Commissioner Rennels asked Mr. Marez if he is in agreement with the conditions noted; and he concurred that he is in agreement with the noted conditions.
Chair Rennels then opened the matter for public comment. Seeing none, public comment was closed.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the appeal to Section i.14.2.Q of the Larimer County Land Use Code as it relates to the allowed maximum road length, to allow the layout of the road as shown on the Final Plat.
Motion carried 2-0.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the Preliminary Plat of the Marez Subdivision for the property described in File #05-S2532, for the creation of three single-family residential lots.
Motion carried 2-0.
There being no further business, the meeting adjourned at 3:10 p.m.
TUESDAY, SEPTEMBER 11, 2007
The Board of County Commissioners met at 9:30 a.m. with Assistant County Manager Neil Gluckman. Chair Rennels presided and Commissioners Gibson and Eubanks were present. Also present were: Donna Hart, and Deni LaRue, Commissioners’ Office; Marc Engemoen, Public Works; and Gael Cookman, Deputy Clerk.
1. PUBLIC COMMENT: There was no public comment today.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 3, 2007:
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the minutes for the week of September 3, 2007.
Motion carried 3-0.
3. REVIEW THE SCHEDULE FOR THE WEEK OF SEPTEMBER 17, 2007: Ms. Hart reviewed the upcoming schedule with the Board.
4. CONSENT AGENDA:
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for September 11, 2007:
PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following abatements are approved: James and Linda Hallock; Robert Newton; Craig and Heide Sisco, Theresa and Guenter Kippschull; Amajess Properties LLC; Theresa and Guenter Kippschull; Richard Connell; Sylvan Dale Development Co. (6 parcels); Solitare Homes LLC (2 parcels).
09112007A001 AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THROUGH THE LARIMER COUNTY WORKFORCE CENTER, AND PROJECT SELF-SUFFICIENCY
09112007A002 DEVELOPMENT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, COULSON EXCAVATING COMPANY, AND FLYING "W" RANCH.
09112007A003 DEVELOPMENT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND COULSON EXCAVATING COMPANY.
09112007A004 WARRANTY MEMORANDUM BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND VERN'S INC.
09112007D001 DEED OF DEDICATION - BRIAN AND LAURA DAVIS (Dedicating Right of Way for County Road 19)
09112007R001 FINDINGS AND RESOLUTION APPROVING THE SMALL MALL CONDOMINIUMS
09112007R002 FINDINGS AND RESOLUTION APPROVING THE BRAUCH SUBDIVISION PRELIMINARY PLAT
MISCELLANEOUS: Department of Human Services Payments for July 2007; Annual Compliance Certification and Semi-Annual Monitoring Report; Chafee Foster Care Independence Annual Program Plan FY 2007-2008.
LIQUOR LICENSES: The following liquor licenses were approved and issued: The Forks Mercantile - Hotel & Restaurant - Livermore; The Forks Mercantile - 3.2% - Livermore; Ramada Fort Collins - Hotel & Restaurant (transfer of ownership with temporary permit) - Fort Collins; Branding Iron Liquor - Retail Liquor Store - LaPorte.
Motion carried 3-0.
5. WORKSESSION: Mr. Engemoen requested Board approval on a revised development agreement for the hotel at The Ranch. He noted that the development agreement is between John Q. Hammons and the City of Loveland; however, the City of Loveland is requesting the Board also sign the agreement as land owners of the property being developed. Mr. Engemoen stated that signing the agreement does not obligate Larimer County in any way; it just confirms that the County is aware that the development is taking place. Finally, Mr. Engemoen stated that the agreement is at the County Attorney's office awaiting final approval and he requested the Chair be authorized to sign the agreement once it is finalized and presented for signature.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the revised Development Agreement pertaining to construction of the hotel at The Ranch, and authorize the Chair to sign the same when it is presented for signature.
Motion carried 3-0.
09112007A005 DEVELOPMENT AGREEMENT (Regarding construction of the hotel and The Ranch)
Mr. Gluckman presented a letter from an employee requesting a waiver of the donated sick time policy, as she has exhausted her sick leave due to her medical condition and the death of her grandmother. She requested donated sick leave in the amount of six weeks.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners grant a waiver of policy and allow Brittany Gilden the ability to receive up to six weeks of donated sick leave.
Motion carried 3-0.
Mr. Gluckman then asked the Board for their agenda items for the upcoming Joint Regional Meeting with the Cities of Loveland and Fort Collins.
Discussion then ensued regarding how the Commissioners should direct studies and research projects for the various Boards and Commissions. They agreed that if a Commissioner has a recommendation, he/she should bring it to the Board for consensus. Commissioner Eubanks then recommended that the Environmental Advisory Board (EAB) work in conjunction with the Health Department, to perform studies regarding the uranium mining taking place in Larimer County. The Board agreed with this recommendation.
Finally, Mr. Gluckman stated that the Sheriff would like to use inmates to perform various jobs around the Detention Center. Discussion ensued and Mr. Gluckman stated that they would explore this as an option for the Sheriff.
8. COMMISSIONER REPORTS: The Board reviewed their activities at events during the past week.
7. LEGAL MATTERS: There were no legal matters to discuss.
The meeting adjourned at 10:05 a.m.
WEDNESDAY, SEPTEMBER 12, 2007
LIQUOR LICENSE HEARING FOR
NORTH SHORE RV & STORAGE, INC.
The Board of County Commissioners met at 3:30 p.m. for a Liquor License Hearing for the North Shore RV & Storage, Inc. dba, North Shore RV & Storage. Chair Rennels presided and Commissioner Eubanks was present. Also present was Assistant County Attorney Linda Connors; Court Reporter Lelia Brister; Denise Ruybal, Clerk & Recorder's Office; and Gael Cookman, Deputy Clerk.
Ms. Connors reviewed the contents of the application, and then presented Exhibit A (photos of the posting of the premises), and Exhibit B, the petition demonstrating the needs and desires of the surrounding neighborhood. Ms. Connors asked the applicant, Julius Disner, a series of questions regarding the posting of the premises and the circulation of the petition. Mr. Disner stated that the notice had been posted from August 31, 2007, through September 9, 2007. He also noted that there was no opposition from the surrounding neighbors to the granting of this liquor license. Ms. Connors questioned whether Mr. Disner was familiar with the liquor laws of Colorado. Mr. Disner stated that he had just received his code book in the mail, and that he previously owned a liquor store many years ago, so he has prior experience. Ms. Connors noted for the record that there was no one in the audience to speak in opposition to granting this liquor license.
Chair Rennels asked if Mr. Disner if he and his staff intend to become Training for Intervention (TIPS) trained. Mr. Disner stated that he would be requiring this training for himself and his staff.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the application and grant a 3.2% Liquor License, for North Shore RV & Storage, Inc. dba, North Shore RV & Storage, located at 3505 S County Road 31, Loveland, CO 80537.
Motion carried 2-0.
The meeting adjourned at 3:40 p.m.
KATHAY RENNELS, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk
Angela Myers, Deputy Clerk