MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, September 22, 2008
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gibson presided and Commissioners Eubanks and Rennels were present. Also present were Karlin Goggin, Toby Stauffer and Michael Whitley, Planning Department; Doug Ryan, Environmental Health Department; Traci Downs, Engineering Department; Gael Cookman, Clerk and Recorder’s Office; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.
Chair Gibson opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget, Land Use Code or Rubbish Ordinance. No one from the audience addressed the Board regarding any of these topics.
Chair Gibson noted that the following item was on consent and would not be discussed unless requested by the Board, staff, or members of the audience:
1. MILLER AND SON SUBDIVISION PRELIMINARY PLAT, FILE #06-S2595: This is a request to divide 6.6 acres into two single-family residential lots, each about three acres in size, located on the north side of County Road 10E near the Town of Berthoud.
There is an existing single-family residential use on the proposed Lot 1. Lot 2, in the north portion of the subdivision, is also planned for single-family residential use. The site is currently zoned FA-1 (Farming) with adjacent land to the east also zoned FA-1 (Farming); the Berthoud Lakes Ranchettes Subdivision to the west is zoned E-1 (Estate);and the Town of Berthoud (with the land use as agricultural and low-density rural residential) is to the south. The Berthoud Reservoir is directly north of the subject property and is not zoned. No zoning changes are proposed with the development.
Access to Lot 1 will be from the existing access point on CR 10E. County Road 10E is classified as a Major Collector; therefore, 50 feet of road right-of-way will be dedicated with this plat. Lot 2 will receive access from the existing driveway that serves an adjacent property to the north owned by Kay Carter. A proposed 40 foot wide access easement will be placed along the eastern portion of the plat for Lot 2 and the Carter property. The current gravel driveway width is approximately 12 feet, which will be improved to a physical width of 20 feet, allowing for two-way traffic. A maintenance agreement, for Lot 2 and the Carter property, will address the future maintenance of the access easement; the owners will participate equally.
The property is located within the Town of Berthoud’s water service area. The existing residence is currently served by Berthoud and Lot 2 will also be served by the Town of Berthoud. The water service line intended to serve the properties will be contained within a 20 foot easement. Due to the proximity of Lot 2 to the Berthoud Water Reservoir, a drinking water reservoir, this project will connect both lots to the existing sewer main located along CR 10E. The new sewer main will run north to Lot 2 in a 20 foot sewer easement along the east side of Lot 1 and continue through Lot 2 to the Carter property. The existing residence on Lot 1 is currently served by an on-site septic system, that septic system will be abandoned with this plat and the residence will be connected to the new sewer line upon the development of Lot 2.
Irrigation water is not available to this property. Any improvements to this property are not to interfere with the existing Handy Ditch. A 50 foot wide easement will be dedicated with this plat for the Handy Ditch Company, which will be along the east side of the Lots 1 and 2.
Based on an analysis of the application materials and a visit to the site, staff concludes that subdividing the property into two lots can comply with the review criteria of the Land Use Code. No reviewing agencies have raised objections to this request, nor did the review by staff result in any negative findings.
Staff recommends that the Board of County Commissioners approve the Miller and Son Subdivision, File # 06-S2595 subject to the following conditions:
1. The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Miller and Son Subdivision (File # 06-S2595), except as modified by the conditions of approval or agreement of the County and the applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Miller and Son Subdivision.
2. The following fees shall be collected at building permit issuance for new single family dwellings: the Thompson R2-J School District fees in lieu of dedication, the Larimer County Capital Transportation Expansion fee (Section 9.5 of Larimer County Land Use Code) and the Larimer County Regional and Community Park Fees in lieu of dedication. The fee amount that is current at the time of building permit application shall apply.
3. 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 on a development wide basis.
4. Due to the shallow groundwater of this area, construction plans shall be prepared in accordance with the recommendations from the applicant’s geotechnical engineer.
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. The applicant shall sign a Final Development Agreement and Disclosure Notice for approval by the county, as a part of the final plat and to be recorded with the final plat. This notice 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, the need for passive radon mitigation, soil testing for the new septic permit and other issues raised in the review, or related to compliance with the Larimer County Land Use Code.
7. At the time public sewer is extended to Lot 2, the owners of the property contained in Lot 1, Miller & Son subdivision will be required to abandon the current septic system and connect to the Town of Berthoud public sewer line in County Road 10E.
8. The Final Plat shall show the following items:
· 50-foot dedicated right-of-way (ROW) along the north side of the entire length of the site adjoining to County Road 10E
· 50-foot wide ditch easement along the eastern portion of the subdivision
· 40-foot wide access easement along the eastern portion of the subdivision
· 10-foot wide gas utility easement that serves 620 County Road 10E
· 20-foot wide water line easement along the west side of Lot 1 for the benefit of Lot
· 20-foot wide sewer easement along the eastern portion of Lot 1 for the benefit of Lot 2
· A non-buildable area will be shown in the north portion of Lot 2 and a note will be placed on the plat describing the limited use of that portion of property.
9. Residential sprinklers shall be required within the dwelling unit on Lot 2 and installed as part of any building permit application for a dwelling unit.
10. The developer will enter into a ditch agreement with the Handy Ditch Company. The ditch company has been asked by the developer to revise the agreement between all parties to allow the east access easement to overlap the ditch easement. Additionally, a signature block for the Handy Ditch Company will need to be on the final plat.
11. The developer shall provide an access easement agreement that includes provisions for Lot 1, Lot 2 and the Carter property to use and maintain the access easement along the eastern edge of the property.
12. Per the Larimer County Urban Area Street Standards (LCUASS), Section 1.9.2, the 14 foot utility easement along County Road 10 E, shall be included across the frontage of the property.
13. This development includes an appeal to Section 8.14.2.N of the Larimer County Land Use Code, a requirement that all roads within the boundaries of land divisions be public right-of-ways, to instead allow a shared private access easement for Lots 1 and 2 and the Carter Property. Should Lots 1, 2, or the Carter property develop more intensely in the future, a public right-of-way will be required.
14. The preliminary plat shows a frame shed on the west side of Lot 1 that is currently in the side yard setback and a waterline easement. The shed will need to be moved out of the setback and easement, removed from the property, or approved through a variance and amended plat process. Action to bring the shed into conformity shall occur within 90 days of recording the final plat.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the Consent Agenda for September 22, 2008.
Motion carried 3-0.
2. PARK PLACE COURT ROAD NAME APPEAL, FILE #08-CAC0012: This is a request to appeal a road name selected by Ms. Goggin, the County Addressing Coordinator, and instead name the road after a property owner on Park Place Court.
As part of the Rural Addressing Improvement Project, staff found Park Place Court to be non-compliant per the adopted resolution. During the analysis of this area, the road was determined to meet the criteria of a duplicate road name as there is a Park Place Drive to which Park Place Court accesses. Both roads use the same grid system consequently creating not only a duplicate road name situation, but also a duplicate range of numbers. When there is a duplicate road name, both names can only be retained when the ranges are different and connected. In this case, Park Place Court was deemed the best road to be renamed due to the number of residences it contains.
Based upon property owner input, three road name suggestions were received that had multiple votes. Mountain Peak Court received two nominations, Jewel Court received four nominations and Kiesling Court received six nominations. After receiving the suggested road names, Kiesling Court, was found to be non-compliant per the Larimer County Road Naming and Site Addressing Resolution, Section 5(B)(1)(d), which states:
d) The road name shall not be a proper name or family surname.
In view of the fact that the adopted resolution clearly eliminates the use of proper names or family surnames, the road name Jewel Court was selected as the new official road name by Ms. Goggin. With four property owners selecting Jewel Court, this road name meets the intent of the adopted addressing resolution. The applicant is seeking to overturn this decision and officially name the road after a property owner by the name of Kiesling.
The applicant seeks to rename Park Place Court to Kiesling Court in tribute of a property owner on the road. Based upon the applicant feels that based on the name Kiesling Court receiving the majority of votes at a residential meeting, it is the wish of the majority of residents to have the road names Kiesling Court.
The determination made by staff to deny the use of a proper name or surname is consistent with the intent of the resolution. Throughout the Rural Addressing Improvement Project, citizens have requested to name roads after themselves or a property owner on the road. All of these requests have been denied. Naming roads after oneself or another owner can create tension amongst property owners and in some cases provoke future address changes when new owners assume the properties. Proper names and surnames have been in the past, and via this project, requested by owners to be renamed, thus the position to eliminate the use of surnames is a sold was adopted into resolution.
As a part of the rural addressing improvement project and the addressing resolution, the county is responsible for consistent implementation of the adopted resolution. With the criteria established, the appellants request is honorable yet inconsistent. It is staff’s belief that providing the exception to allow the surname of a resident could provoke additional requests of the same nature.
Staff’s recommendation is to deny the request to allow the name Kiesling Court to replace Park Place Court for the following reasons:
1. By upholding this appeal, work to readdress properties to Kiesling Court is out of the scope work budgeted for this project. Decisions against the adopted guidelines are inconsistent with the adopted resolution and hence not covered by the current project budget. All re-work and re-notification will be charged out of scope fees, which will be incurred either to the property owners or the Board.
2. The Larimer Emergency Telephone Authority (LETA) and the County have funded monies toward this project to ensure a systematic, logical, and consistent addressing system is achieved.
3. The purposes of the Site Addressing and Road Naming System is to provide guidelines for consistent addressing to inhibit contentious road naming situations.
4. The adopted resolution is clear in that proper names and surnames shall not be used as road names.
5. Property owners have voiced objection in the past to naming roads after individual residents. This type of road naming creates tension and animosity amongst property owners.
6. There is no threshold for determining longevity at a residence as a means to name a road after a family surname.
7. By allowing this appeal and exempting this area or creating any area as an exception to the Rural Addressing System, would negate the efforts to create a logical, systematic, and consistent road naming scheme in Larimer County. Creation of such “pockets” will only hinder this project, and increase the potential for similar appeal pursuits.
James “Brian” DeBuse, the applicant and a property owner on Park Place Court, addressed the Board and stated that most of the residents on Park Place Court are content with allowing the original name to remain the same, or simply renaming it “Park Court.” However, as this is not an option, it they agreed (at a resident’s meeting) that the new name should be one that is both meaningful and significant. Mr. DeBuse explained that for this reason, the majority of property owners voted to rename the street Kiesling Court and therefore, the majority should prevail.
Eloyd Kiesling, the resident for whom the applicant would like to name the street, addressed the Board stating that he was flattered that his neighbors would suggest naming their street after him, but he was not in favor of doing so. Instead, Mr. Kiesling suggested simply adding a “1” in front of all addresses on Park Place Court and retaining the original name.
Angela Quinn, a resident of Park Place Court, addressed the Board regarding the process in which the renaming of the street followed. She stated that while the residents were given the opportunity to provide naming suggestions, they were given this chance at the same time they were informed that the name had already been changed to Jewel Court and that all affected entities had been notified. As a result, the chances of a name other than Jewel Court being chosen and approved by the county is unlikely due to cost and re-notification. Ms. Quinn also requested that the Thompson School District be notified of the name change, as that is the district in which the road is located.
Jim Betrus, a resident of Park Place Court, addressed the Board and spoke in opposition to Mr. Kiesling’s idea of adding a “1” in front of all the addresses on Park Place Court. He stated that as a member of the police force, he is aware that emergency responders would not be able to locate the addresses. Mr. Betrus, Brent Edwards and Mike Loy all spoke in favor of the Board selecting a name that was easy for the general public to spell and pronounce.
Chair Gibson closed public comment and opened the hearing to questions and comments from the Board.
Commissioner Eubanks asked Ms. Goggin if the name had already been changed from Park Place Court to Jewel Court. Ms. Goggin stated that it had been changed because all other name changes had been approved and were ready for processing. She explained that it is procedure to submit all name changes at the same time and since Jewel Court was the only name change that was being appealed, she submitted all of the changes. Commissioner Eubanks asked what the price of changing the street name would be and Ms. Goggin estimated the cost would be $750.00.
All three Commissioners spoke in disproval of the way in which the name change process had been handled. They pointed out that Ms. Quinn was correct in her statement that a change from Jewel Court would be unlikely due to the cost of re-notification. This concerned the entire Board because the appeal process was put in place to prevent problems such as this.
Commissioner Eubanks stated that he was in favor of the name change because he felt the residents of Park Place Court clearly illustrated, through a majority vote, that they wished to rename the street Kiesling Court. Commissioner Eubanks suggested the expenses of this project be drawn from the Commissioner’s Special Project Fund.
Commissioner Rennels and Chair Gibson stated that they felt allowing the name to be changed to Kiesling was in direct contradiction to county resolutions and would require exceptions to be made in every circumstance.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners deny the Park Place Court Road Name Appeal, File 08-CAC0012.
Motion carried 2-1, Commissioner Eubanks dissenting.
There being no further business, the hearing adjourned at 3:45 p.m.
TUESDAY, SEPTEMBER 23, 2008
The Board of County Commissioners met at 9:30 a.m. with Neil Gluckman, Assistant County Manager. Chair Gibson presided and Commissioners Eubanks and Rennels were present. Also present were Deni LaRue and Donna Hart, Commissioner’s Office; Nina Baumgartner, Health and Human Services; Amy Irwin, Loveland Housing Authority; Melissa Lohry, Deputy Clerk.
1. PUBLIC COMMENT: There was no public comment today.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 15, 2008: Commissioner Rennels requested that the minutes be considered in two separate parts because she was not present at the Land Use Hearing on September 15, 2008.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the minutes for the Land Use Hearing on September 15, 2008.
Motion carried 2-0, Commissioner Rennels abstained.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the Administrative Matters Meeting and Liquor License Hearing on September 16, 2008.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 29, 2008: Ms. 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 September 23, 2008.
PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following Petitions for Abatement are presented for approval: Mark and Karen Morgan; Matthew Walsh; and Gara LLC.
09232008A001 CONTRACT AMENDMENT NO. 3 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING; RECINDS AND REPLACES AGREEMENT #09162008A001
09232008A002 LAW ENFORCEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF WELLINGTON
09232008R001 FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 64 AND 65 IN CRYSTAL LAKES SUBDIVISION, 5TH FILING
09232008R002 FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT FORT LOTS 1 AND 2 OF THE EHRLICH PLANNED LAND DIVISION AND VACATION OF UTILITY AND OTHER EASEMENTS
09232008R003 FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF TRACT A IN THE BUDERUS EXEMPTION
09232008R004 FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 1 AND 2 IN ZIMMERMAN/RAJEWSKI MINOR RESIDENTIAL DEVELOPMENT AND LOT 18 AND A PART OF TRACT B OF SUNSET RIDGE SUBDIVISION 6TH FILING
09232008R005 FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 1 HAYWAGON PD AND LOT 2, BLOCK 1 OF PRARIE TRAILS PUD
MISCELLANEOUS: Findings and Order Granting Applicant, La Chamba, a Hotel and Restaurant Liquor License; Public Trustee 2008 Second Quarter Report.
LIQUOR LICENSES: The following licenses were approved and issued: Schrader Country Store #440 – 3.2% – Fort Collins; Dunraven Inn – Hotel and Restaurant – Estes Park; Dal-Rae’s High Country Restaurant – Transfer of Ownership with Temporary Permit – Red Feather Lake; City Limit Liquor – Transfer of Ownership with Temporary Permit – Fort Collins; Westlake Liquors – Retail Liquor Store – Red Feather Lake; Ptarmigan Country Club – Hotel and Restaurant with Optional Premise – Fort Collins.
5. REQUEST FOR $2,500 FROM LARIMER COUNTY IN SUPPORT OF THE LARIMER HOME IMPROVEMENT PROGRAM: Ms. Baumgartner and Ms. Irwin requested a letter of support and funding in the amount of $2,500 from the county for the Larimer Home Improvement Program. The Larimer Home Improvement Program provides low to no interest loans to qualified Larimer County homeowners for repairs or improvements related to health and safety. This program is made possible through the melding of several funding streams, one of which is a State Community Development Block Grant (CDBG), to be used in all areas of Larimer County except Loveland and Fort Collins. The proposed CDBG is for $202,000 and state expectations are that grand recipients provide local support. The requested $2,500 would enable the Larimer Home Improvement Program to receive the $202,000 grant from the State of Colorado.
Commissioner Rennels asked Ms. Baumgartner and Mr. Gluckman to investigate whether there are funds available in the Health and Human Services Department to provide the requested $2,500. If not, the Board agreed the money could be taken out of the Commission’s Special Project Fund.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve a request for a letter of support and funding in the amount of $2,500 from the county to the Larimer Home Improvement Program. Commissioner Rennels dictated that the funds are to be generated from the Health and Human Services Department if available, if not, the funds may be taken out of the Commissioner’s Special Project Fund.
Motion carried 3-0.
6. ASSISTANT COUNTY MANAGER WORKSESSION: There were no worksession items to discuss.
7. COMMISSIONER ACTIVITY REPORT: The Board noted their attendance at events during the past week.
8. Legal Matters: There were no legal matters today.
There being no further business, the meeting adjourned at 10:00 a.m.
WEDNESDAY, SEPTEMBER 24, 2008
LIQUOR LICENSE HEARING FOR HOSETOOTH MARKET LLC
The Board of County Commissioners met at 2:00 p.m. with Linda Connors, Assistant County Attorney. Chair Gibson presided and Commissioner Eubanks was present. Also present were Gael Cookman, Denise Ruybal and Tamara Slusher, Clerk and Recorder’s Office; Jason Meadors, Court Reporter; and Melissa Lohry, Deputy Clerk.
Ms. Connors reviewed the contents of the application, and then presented Exhibit A, photos of the posting of the premises. The applicant, Lisa Morse, was sworn in and Ms. Connors asked Ms. Morse a series of questions regarding the posting of the premises. She stated that the notice had been posted on the premises since August 22, 2008. Ms. Connors asked whether a petition had been circulated and Ms. Morse stated she had not circulated a petition, as that she had previously held a liquor license which had lapsed, and the needs and desires had been previously established. Ms. Connors asked whether Ms. Morse was aware of any individuals opposed to the granting of a liquor license in this area and Ms. Morse answered no.
Ms. Connors questioned whether Ms. Morse was familiar with the liquor laws of Colorado and whether she had been following them. Ms. Morse answered yes to both questions. Ms. Connors noted for the record that there was no one in the audience to speak in opposition to granting this liquor license.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the application for a 3.2% Fermented Malt Beverage license for Horsetooth Market LLC, dba Horsetooth Market, located at 4025 W County Road 38E, Fort Collins, Colorado.
Motion carried 2-0.
There being no further business, the board recessed at 2:15 p.m.
The Board of County Commissioners reconvened at 2:30 p.m. for an Abatement Hearing. Chair Gibson presided and Commissioner Eubanks was present. Also present were Annie Sepulveda, Assessor’s Office; Gael Cookman and Tamara Slusher, Clerk and Recorder’s Office; Melissa Lohry, Deputy Clerk.
ABATEMENT HEARING FOR KIMBERLY A. CORZINE – PARCEL NUMBER 94081-08-028: Ms. Sepulveda explained that prior to this hearing, she and staff visited the residence to clear up reported misinformation. During this visit, it was determined that staff’s square foot measurements were inconsistent with the actual square footage of the home. It was also determined that the residence did not possess a view of the lake, as originally thought. Both of these misunderstandings were corrected and new comparables were found that better reflect the property. Based on these four comparables, Ms. Sepulveda recalculated the value to be $899,000.
Ms. Corzine then addressed the Board and explained that the property was appraised for refinance in 2004 and determined to be worth $620,000. Using this number, she figured the value of the property to be approximately $715,000.
Commissioner Eubanks pointed out that one of the four comparables used by the assessor to assess the value of the property included a lake view and membership. After taking this into consideration, Ms. Sepulveda recalculated the value of the property to be $823,900. Both Chair Gibson and Commissioner Eubanks considered this a fair assessment of value.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the assessor’s recommendation for parcel number 94081-08-028 and set the value at $823,900.
Motion carried 2-0.
There being no further business, the hearing adjourned at 3:00 p.m.
GLENN W. GIBSON, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Melissa E. Lohry, Deputy Clerk