County Offices, Courts and Landfill will be closed on Monday, July 4 for the Independence Day Holiday. Critical services at Larimer County are not disrupted by closures.
PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS MONDAY, FEBRUARY 1, 1993 SUBDIVISIONS (#70, #25 & #27) The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Russ Legg, Development Processing Administrator, Al Kadera, Subdivision Administrator; John Pedas, Code Enforcement Officer; Jill Bennett, Comprehensive Planner; Elaine Spencer, Director of General Engineering Services; Jerry Blehm, Public Health; Jeannine Haag, Assistant County Attorney; and Bill Gordon, County Administrator. Recording Clerk, S. Graves. Mr. Barnett advised the Board that the following are consent items and will not be discussed in detail unless specifically requested by the Commission or members of the audience. 1. WINDCLIFF ESTATES AMENDED EASEMENT VACATION (#92-OSO191): 10-04-73; FIVE MILES SOUTHWEST OF ESTES PARK OFF COLORADO HIGHWAY 66; E-1 ESTATE ZONING (2-1-93) This is a request to vacate a water line easement which crosses the property. Staff Findings include: 1) Windcliff Estates Fifth Filing was approved in 1976. The original approval included a 6-foot water line easement to benefit the lots downstream from this lot; 2) The downstream lot owners, who benefit from the existing easement, have quit claimed their interest in this easement to the owner of this lot. The water line has been relocated to another easement; therefore, there does not appear to be a need for the water line easement; 3) Vacating the easement will permit the construction of a single family dwelling on this lot that otherwise would have encroached upon the easement. Staff Recommendation is for Approval of the request to vacate the 6-foot Water Line Easement on Lot 1, Block 11, Amended Plat of Lots 10, 11 and 12, Block 11, Windcliff Estates Fifth Filing. 2. MEADOWDALE HILLS AMENDED PLAT (#92-SA0193): NW 34-05-72; 2 1/2 MILES SOUTHEAST OF ESTES PARK ON THE NORTH SIDE OF U.S. HIGHWAY 36; 1.95 ACRES; 2 LOTS; O-OPEN ZONING (2-1-93) This is a request for an Amended Plat of Lots 33 and 34, Meadowdale Hills First Filing, to adjust lot lines near Pine Tree Drive, so that the well for Lot 33 is located on Lot 33. Lot 33 is vacant; Lot 34 has an existing residence. Staff Findings are: 1) Meadowdale Hills Subdivision First Filing was recorded in July 1963; 2) The proposed Amended Plat would adjust a boundary line, so that the well for Lot 33 is located on Lot 33; 3) The County Health and Engineering Departments have reviewed the proposed Amended Plat and stated no objections; 4) All utility companies serving the area have reviewed the proposed Amended Plat and stated no objections. Staff Recommendation is for Approval of the proposed Amended Plat of Lots 33 and 34, Meadowdale Hills First Filing. 3. CEDAR PARK SUBDIVISION AMENDED PLAT (#92-SA0199): SE 1/4 OF 27-06-71; NORTH OF DRAKE AND BIG THOMPSON CANYON 11 MILES NORTH EAST OF ESTES PARK; 9.14 ACRES; 2 LOTS; E-ESTATE ZONING (2-1-93) This is a request for an Amended Plat of Lots 43 and 44, Cedar Park Subdivision First Filing, to adjust the boundary line between Lots 43 and 44, slightly increasing the size of Lot 44. Staff Findings are: 1) Cedar Park First Filing was approved in 1967; 2) A dwelling was constructed, mostly on Lot 44, in about 1976. The dwelling encroached on the lot line between Lots 43 and 44; 3) The County Health and Engineering Departments and all utilities serving this area have reviewed the proposed Amended Plat and stated no objections. Staff Recommendation is for Approval of the Amended Plat of Lots 43 and 44, Cedar Park First Filing. 4. SADDLEBACK SUBDIVISION, PHASES II, III AND IV - TIME EXTENSION (#S-71-88): E 1/2 4-7-69; 1/2 MILE NORTH OF COUNTY ROAD 48 ON THE WEST SIDE OF TAFT HILL ROAD APPROXIMATELY 1 MILE SOUTHEAST OF LAPORTE; 35.4196 ACRES; 71 LOTS; R-1 RESIDENTIAL (FORT COLLINS UGA) ZONING (2-1-93) This is a request to extend for one year the Preliminary Plat approval of this residential subdivision. Staff Findings include: 1) The Preliminary Plat, Rezoning, and Off-Site Street Waiver for Saddleback Subdivision, Phases II, III and IV were conditionally approved on August 22, 1988; 2) The conditions attached to the above mentioned approval adequately address the potential impacts of this project on the neighborhood and will ensure that this project does not result in any unplanned public expense to accommodate the future residents of the subdivision; 3) There have not been any significant changes in the neighborhood since the conditional approval was granted; 4) Extending the conditional approval of Saddleback Subdivision, Phases II, III and IV will not result in any significant negative impacts on utility services, transportation facilities, neighboring properties, or the natural environment; 5) Approval of this extension has the effect of extending the vesting period established pursuant to State Statute for site specific development plans. Staff Recommendation is for Approval of the extension of the Preliminary Plat approval for Phases II, III and IV, Saddleback Subdivision to December 31, 1993, with the following conditions: 1) All Final Plats shall be completed in strict conformance with the requirements of the Larimer County Subdivision Resolution and with the conditionally approved Preliminary Plat; 2) The two fire hydrants noted in the letter from the Poudre Fire Authority dated June 9, 1988 shall be relocated on the final utility plans; 3) Prior to any Final Plat application, the applicant shall finalize an Out-of-City Utility Service Agreement with the City of Fort Collins; 4) The existing water line between Lots 16 and 17, Block 2, shall be addressed in the final utility plans if it is to be abandoned, or an easement shall be included in the Final Plat if the water line is to remain; 5) The width of the easement between Lots 7, 8, 13 and 14, Block 3, shall be shown on the Final Plat; 6) Minimum front setback shall be shown on all reversed corner lots on the Final Plat; 7) The Homeowners' Association documents submitted with any Final Plat shall include specific information concerning the rights and responsibilities of the lot owners with respect to the drainage facilities. Also included shall be a specific time table for deeding these facilities to the homeowners; 8) The following notes shall be placed on all Final Plats: A) Engineered footings and foundation plans shall be required for any construction on this site; B) Larimer County Park Fees for the Fort Collins Urban Growth Area shall be paid when building permits are issued for each single family dwelling on this site; C) The Street Improvements Fee shall be paid when building permits are issued for each single family dwelling in this project; D) After each residential structure is enclosed, but prior to the issuance of a Certificate of Occupancy, air samples shall be collected and analyzed by a certified laboratory to determine if radon gas is present in the structure; 9) Lots 17, 18 and 19 of Block 2 shall be redesigned to make three lots into two lots; 10) Lots 1, 2 and 3 of Block 4 are to be made into two lots, rather than three lots; 11) Wakonda Drive will not be constructed as a through street at this time, but public right-of-way shall be dedicated for future connection, and the design at this time shall be for emergency access only, subject to the approval of the Poudre Fire Authority and the County Engineer; 12) Street cross-sections for all internal streets shall be designed to meet Urban Area Road Standards adopted as part of the Intergovernmental Agreement for the Fort Collins Urban Growth Area; 13) All Final Plat applications and future development of this site shall be done in conformance with the Larimer County Collateral Policy; 14) This constitutes a site specific development plan, the approval of which triggers a vested property right pursuant to state and local law. If this approval is conditional, failure to abide by the terms and conditions will result in a forfeiture of vested property rights. This site specific development plan shall be deemed approved upon the date on which the written Findings and Resolution is signed by the Chairman, or Chairman Pro-Tem, of the Board of County Commissioners. The Director of Planning shall cause a notice to be published in a newspaper of general circulation in Larimer County advising the general public of this site specific development plan approval and creation of a vested property right, such publication to occur no later than 14 days after the written Findings and Resolution is signed by the Chairman, or Chairman Pro-Tem, of the Board of County Commissioners. M O T I O N Commissioner Duvall moved that the Board of County Commissioners approve the Windcliff Estates Amended Easement Vacation (#92-0S0191); Meadowdale Hills Amended Plat (#92-SA0193); Cedar Park Subdivision Amended Plat (#92-SA0199); and the Saddleback Subdivision, Phases II, III and IV Time Extension (#S-71-88); each, with the conditions as previously outlined. Motion carried 3 - 0. 5. KOTIN SUBDIVISION (PRELIMINARY PLAT) - (#92-SU0094): SE 1/4 2-6-69; NORTH OF APPLEWOOD ESTATES, PART OF THE ROBINSON EXEMPTION; 5.27 ACRES; 2 LOTS PROPOSED; FA-1 FARMING/URBAN GROWTH AREA ZONING (2-1-93) This is a request to divide 5.27 acres into 2 lots of 2.8 and 2.46 acres for single family dwellings. Mr. Kadera reviewed the major issues and concerns. Staff Findings include: 1) The proposed Kotin Subdivision Preliminary Plat is consistent with the existing zoning of the site and with existing development in the area; 2) This site is in the Urban Growth Area for the City of Fort Collins. Waivers from the Public Street Capacity Requirements and the Contiguity with "Existing Development" are appropriate for this "in-fill project; 3) Various agencies have reviewed this proposal and their recommendations are included in this Staff Report; 4) Approval of the Kotin Subdivision Preliminary Plat, with the following conditions, will not result in any significant negative impacts on surrounding properties, utility services, transportation facilities, or the natural environment. The Staff/Urban Growth Area Review Board Recommendation is for Approval of the Waiver of the Public Street Capacity Requirements of the Intergovernmental Agreement for the Fort Collins Urban Growth Area with the condition that a Waiver Fee of $700 be paid when a building permit is issued for a single family dwelling on Lot 2. A note concerning this Fee shall appear on the Final Plat; 2) Approval of the Waiver from the requirement that this project be contiguous with "Existing Development" as defined in the Intergovernmental Agreement for the Fort Collins Urban Growth Area; 3) Approval of the revised Preliminary Plat for the Kotin Subdivision, with the following conditions: A) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat and the requirements of the Larimer County Subdivision Resolution; B) Plans for construction of the access road and installation of water and sewer lines shall be subject to the review and approval of the County Engineer, Poudre Fire Authority, Fort Collins-Loveland Water District, and the South Fort Collins Sanitation District; C) The Final Plat application shall include an irrigation plan and homeowners' documents that clerly define the rights and responsibilities of each lot owner with respect to the irrigation water and delivery facilities; D) The homeowners' documents shall include specific provision for the maintenance of the access road, including a mechanism for funding such maintenance; E) The installation of all utilities to this site shall be underground; F) Any construction on this site shall be subject to the minimum requirements of the Water, Sewer, and Fire Safety Standards; G) The following notes shall appear on the Final Plat: 1) Larimer County Park Fees for the Fort Collins Urban Growth Area shall be paid when a building permit is issued for a single family dwelling on Lot 2; 2) Engineered foundation plans shall be required for any construction on this site; 3) Off-Site Street Capacity Waiver Fee shall be paid when a building permit is issued for a single family dwelling on Lot 2; 4) A Drainage Fee for the Fossil Creek Drainage Basin shall be paid when a building permit is issued for a single family dwelling on Lot 2; 5) The results of a radon detection test shall be submitted to the Planning Division before a Certificate of Occupancy is issued for any residential structure on this site; H) A special assessment for Special Improvements Agreement in Applewood Estates will be divided equally between the two lots to be paid annually with real estate taxes; I) Covenants as restrictive as Applewood Estates' would apply to Lot 2 and to any new construction on Lot 1; J) A more satisfactory access for Lot 2 will be agreed upon before Final Plat is recorded; K) There will be no further subdivisions of either lot. Mr. Jim Martell, attorney representing the applicant, addressed the Board and stated the applicant is in agreement with all the requirements and conditions outlined by Staff and the UGA Review Board. M O T I O N Commissioner Disney moved that the Board adopt the Staff Findings and the Staff/Urban Growth Area Review Board Recommendations with Amended Conditions and approve Kotin Subdivision Preliminary Plat (#92-SU0094). Motion carried 3 - 0. 6. FEIGHNER MINOR RESIDENTIAL DEVELOPMENT (#92-EX0173): NE 1/4 36-04-70; SOUTH SIDE OF COUNTY ROAD 4, 1/2 MILE WEST OF COUNTY ROAD 23E; 10 ACRES; 2 LOTS; FA-1 FARMING ZONING (2-1-93) This is a request to divide a 10-acre parcel into 2 lots of 5 acres for single family dwelling units. Mr. Kadera reviewed the background history and noted that this property is part of an original 80-acre parcel which was divided into 20-acre parcels prior to the adoption of Senate Bill 35; in 1975 a six-lot exemption was approved. The Feighner's property was included and divided into two parcels. The current MRD process is limited to the creation of four lots; therefore, they are still eligible to divide their property under the current MRD Regulations. Mr. Kadera stated that a FAX was received from an adjacent neighbor requesting that no mobile home or moved-in structure be allowed on the site. Mr. Kadera recommended that conditions be amended to state that only a modular or stick-built house be allowed on this site. Ms. Feighner addressed the Board and agreed to inclusion of a condition that a double-wide trailer cannot be moved onto the site. Ms. Feighner also objected to Condition #2 stating that additional right-of-way for County Road 4 shall be dedicated on the Final Plat noting that in 1976, an extra 20-feet was given for CR 4 and an additional 20-feet row will interfere with their residence. Therefore, Condition #2 was amended. Staff Findings are: 1) The proposed Feighner Minor Residential Development is consistent with the minimum requirements of the Larimer County Zoning and Subdivision Resolutions; 2) The proposed Feighner Minor Residential Development is consistent with the existing development in the immediate area; 3) Approval of the proposed Feighner Minor Residential Development, with the following conditions, will not result in any significant negative impacts on surrounding properties, utilities, transportation facilities, or the natural environment. Staff Recommendation is for Approval of the Feighner Minor Residential Development, with the following conditions: 1) The Final Plat shall be completed in strict conformance with the plan submitted for this hearing, except as modified by these conditions; 2) The Final Plat shall include a 50-foot half right-of-way for County Road 4; 3) The access easement shall be dedicated as an access, utility, and drainage easement on the Final Plat; 4) The following notes shall appear on the Final Plat: A) A fire sprinkler system shall be required in any residential structure on Lot 1; B) Engineered foundation plans shall be required for any construction on this site; C) Larimer County Park Fees shall be paid when a building permit is issued for a single family dwelling on Lot 1; D) The use of these lots shall be limited to single family dwellings and accessory uses as defined in the Larimer County Zoning Resolution; E) The results of a radon test shall be submitted to the Planning Division before a Certificate of Occupancy is issued for any single family dwelling on Lot 1; F) The Section 2.8 Off-Site Road Fee of $513 shall be paid when a building permit is issued for a single family dwelling on Lot 1; G) Prospective lot owners should be aware of the quarry located west of this site. Quarries typically create noise, dust, vibration, and heavy truck traffic. The creation of these lots shall not be justification to shut down the quarry operation; H) Owners of these lots shall be required to participate in the maintenance of Sherlyn Court. If there is a Road or Homeowners' Association, these lot owners must join that Association; I) Any single-family dwelling placed on this property shall have a pitched roof with standard roofing materials and standard siding materials--no aluminum or metal-sided dwelling will be allowed. M O T I O N Commissioner Duvall moved that the Board adopt the Staff Findings and Staff Recommendation with Amended Conditions, and approve the Feighner Minor Residential Development (#92-EX0173). Motion carried 3 - 0. 7. APPEAL OF LEGAL LOT DECISION (#92-EX0192): NW 1/4 07-04-72; PROPERTY IS BISECTED BY THE LITTLE VALLEY ROAD ABOUT 1-2 MILE SOUTH OF FISH CREEK ROAD; 40 ACRES; 2 LOTS (2-1-93) This is a request by the applicant appealing the Staff determination that Little Valley Road, passing through the NE 1/4 of the NW 1/4 of Section 07, Township 04 North, Range 72 West, has not caused a pre-1972 division of the property. Mr. Kadera reviewed the major concerns and issues noting that this existing 40-acre parcel has a road down the middle and the applicant thinks this has created two separate building sites. After reviewing the history of this parcel, and conferring with the Assistant County Attorney, it was determined by Staff that two separate legal parcels have not been created. Staff Findings include: 1) The Little Valley Road has existed for many years. A formal dedication was accepted by the County in 1977; 2) The 40-acre parcel that is traversed by the Little Valley Road was created in 1978. The road was in place when the 40-acre parcel was deeded separately; 3) The mere existence of the Little Valley Road does not ensure that minimum standards for creating new building sites will be met; 4) The County has a procedure for granting exemptions from the definition of subdivision. This procedure will obtain comments from the appropriate authorities concerning the adequacy of the sites for building purposes. Staff Recommendation is for Denial of the Appeal of the Legal Lot Determination for the 40-acre parcel in Section 7, Township 4 North, Range 72 West of the 6th P.M. Mr. Van Horn, applicant, submitted a map of the site and understands the Staff' concerns whether the division would result in a site with zoning problems or inability to put in septic system, or if there would be access problems. Mr. Van Horn noted that this road has gone thru controversy in the past and the County declared it a public road. This is a unique road and provides access to over 100 parcels of land to the public and Forest Service. Mr. Van Horn stated there is a strong argument that the road does divide the property and he proposed that a condition be attached to the determination that a survey be filed and the resultant parcels meet all the criteria for access, zoning, and on-site services. Mr. Barnett noted that if this request is granted it would create a precedent and 100 similar requests in the County would result. Much discussion followed. M O T I O N Commissioner Duvall moved that the Board adopt the Staff Findings and Staff Recommendations and deny the Appeal of the Legal Lot Determination for the 40-acre parcel in Section 7, Township 4 North, Range 72 West of the 6th P.M., but noted that the Board of County Commissioners will be receptive to consideration of an exemption by Concept Technical Review for this site in the future. Motion carried 3 - 0. 8. ROSE ANN MINOR RESIDENTIAL DEVELOPMENT (#92-EX0159): SE 1/4 11-05-68; NORTHWEST CORNER OF THE INTERSECTION OF COUNTY ROAD 3 AND U.S. HIGHWAY 34; 53 ACRES; 3 LOTS; FA-FARMING ZONING (2-1-93) This is a request to divide a 53-acre parcel with an existing residence into three lots of 9.6, 17.7, and 21.3 acres for single family dwellings. Mr. Legg reviewed the project description and the major concerns and issues and noted this is a typical MRD request and meets all the requirements. Staff Findings are: 1) The proposed Rose Anne Minor Residential Development is consistent with the minimum requirements for Minor Residential Developments as contained in the Larimer County Subdivision Resolution concerning the number of lots created, lot size, access and zoning; 2) The County Health and Engineering Departments have reviewed the request and have made certain recommendations, which are contained in this report; 3) Approval of the proposed Rose Anne Minor Residential Development, with the conditions noted, should not adversely affect adjacent property, the natural environment, or the provision of services or transportation. Staff Recommendation is for Conditional Approval of the Rose Anne Minor Residential Development. Concerns from adjacent property owners cited were existing low water pressure in the area, certainty of increased traffic on CR 3, historical drainage, possible interference of the farming operation north of the site which sprays chemicals for weed and insect control and creates dust when working the land, etc. These concerns were discussed and possible solutions suggested. Sage Industries expressed concern with their trucks turning onto County Road 3 and the extremely low water pressure they experience. Mr. Cannon, the applicant, agreed with all the requirements and conditions of the MRD, as originally proposed by Staff. Discussion followed. M O T I O N Commissioner Duvall moved that the Board deny the Rose Anne Minor Residential Development because of incompatibility with the current adjacent land uses, agricultural and traffic concerns, and the fact that this appears to be an expanding industrial area with the Wal-Mart Warehouse 1/2 mile to the north. Motion carried 2 - 1; Chairman Hotchkiss dissenting. 9. AMENDMENT TO LARIMER COUNTY SUBDIVISION RESOLUTION REGARDING EXEMPTIONS, NOTICE REQUIREMENTS AND TIME LIMITS FOR AGENCY RESPONSES ON PRELIMINARY PLATS (#92-RA0202 & #92-RA0203): (2-1-93) This is a request for Approval of a Subdivision Resolution Amendment to change Minor Residential Developments from 4 permitted lots to 2; add and amend the Minor Residential Development application criterion; establish deadlines for completion of pending applications and establish new time limits for responses and notice requirements in accordance with State Statute. Mr. Legg provided the background information. Staff Findings include: 1) The proposed amendment regarding Minor Residential Development is consistent with the intent and purpose of the County Subdivision Resolution and the recommendation of the Planning Commission passed September 16, 1992; 2) The proposed amendment regarding public notice and referrals is consistent with requirements of HB91-1156; 3) The proposed amendments are necessary to promote the public health, safety, convenience, order, and prosperity; 4) The proposed amendment regarding Minor Residential Developments reduces the number of lots to be created by the exemption procedure while still allowing other property or applicants requiring a greater number of lots to utilize the full subdivision procedure. The Planning Commission/Staff Recommendation is for 1) Adoption of Amendments to Minor Residential requirements as shown on Exhibit A: 2) Adoption of Amendments to Notice and Referral requirements as outlined in this Staff report of this Agenda; 3) Adoption of a recommendation that the County Attorney be directed to draw up a Resolution for Board of County Commissioners' signatures that contain the following provisions: A task force should be appointed by the County Commissioners to study current subdivision and exemption regulation and make recommendations concerning appropriate changes. The task force, to be known as the Subdivision and Exemption Revision Group (SERG) should consist of seven members, and should include both development professionals and citizen planners. One member of the Larimer County Planning Commission shall be appointed to the group. Members of the County Planning Department shall provide Staff support to the group. A specific time limit is not placed on the group, but it is expected that within one year of the first meeting, SERG should present a report to the Larimer County Planning Commission and Board of County Commissioners outlining its findings and recommendations. The report shall address, among other issues, (1) the impact of current regulations on implementation of the Land Use Plan; (2) the impact of current regulations and particularly Minor Residential Developments on provision of services in rural areas; (3) the need for a minor subdivision or exemption regulation; and (4) appropriate subdivision performance standards for various parts of the County; 4) Adoption of the following requirements for pending Minor Residential Developments: A) All minor residential applications received by the January 26, 1993 deadline shall be processed in accordance with the procedures and criteria in place prior to this amendment; B) Pending Minor Residential Developments already heard by the Board of County Commissioners shall expire as provided for in the existing regulations; C) Pending Minor Residential Developments received prior to this Amendment that have been to Concept Technical Review shall expire on the date specified in the Concept Technical Review Agenda; D) Pending Minor Residential Developments received prior to this Amendment that have been to Concept Technical Review and which do not have an expiration date expressed in the Concept Technical Review Agenda, shall expire if they have not been heard by the Board of County Commissioners by July 6, 1993. The following persons addressed the Board and unanimously recommended the Board adopt these interim changes to the Minor Residential Development today: Hank Pedersen, Chairman Larimer County Planning Commission; Tom Peterson, Fort Collins Planning Director; Ed Moore, Loveland Planning Director; Warren Jones, Poudre Fire Authority; and Mike Vreeman, local dairyman. Mr. Lou Kinzli, MRD developer, and Steve Tool, realtor, voiced their opposition to the adoption of this interim MRD policy, and requested additional time for public hearings to review these changes. Much discussion followed. At this time, Commissioner Duvall left the meeting to attend the Executive Council Luncheon Meeting; she left instructions with the Chairman to cast her vote in favor of the adoption of the Amendment. M O T I O N Commissioner Disney moved that the Board adopt the Amendment to the Larimer County Subdivision Resolution regarding Exemptions, Notice Requirements and Time Limits for Agency Responses on Preliminary Plats and that a seven-member Task Force be appointed with the understanding that an interim report will be given within six months. Motion carried 3 - 0. 10. OFF-PREMISE ADVERTISING SIGNS (#92-R00076): Mr. Legg reported that on June 16, 1992, the Board of County Commissioners amended the Larimer County Zoning Resolution regarding permissibility of Off-Premise Advertising Signs in the C-Commercial and I-Industrial Zoning Districts. The Amendment prohibited the issuance of new building permits for advertising signs until the results of the study performed by a Task Force of citizens. The Task Force met July through October 1992 and reached agreement; the results of this agreement are being drafted into regulatory language and a draft will be completed in 30 days. Results should be available for Public Hearing in May or June, 1993. Mr. Legg noted that no action is required by the Board today; this report only meets the requirement of the Board that a Status Report be given to the Board in January, 1993. 11. WARFIELD ALLEGED JUNKYARD VIOLATION: 4213 SHORELINE ROAD (LOT 7, THOMPSON'S LAKESIDE SUBDIVISION) This alleged violation is for storing several inoperable vehicles in the O-Open Zoning District in a residential subdivision. Mr. Pedas submitted recent photos of the site and noted this is a re-occurence of a violation. During a hearing held June 17, 1991, Mr. Warfield indicated he would build a garage on the property to screen the auto body work and painting of vehicles. No construction has been initiated and no building permits issued. Staff Findings include: 1) The subject property is zoned O-Open District; 2) The subject property is a lot in a platted residential subdivision; 3) The outdoor storage of inoperable/unlicensed vehicles is not a permitted use in the O-Open Zoning District; 4) Collector's vehicles must be screened from ordinary public view; 5) Continued outdoor storage of vehicles on the subject property will affect property values in the neighborhood. Staff Recommendtion is to find that a violation exists, require compliance within 60 days, and authorize legal action if the compliance deadline is not met. Mr. Bill Gann, adjacent property owner, submitted photos of the site taken from his deck, an audio tape of barking dogs, and noted the biggest complaint is noise from a compressor and air hammer. M O T I O N Commissioner Disney moved that the Board find that a violation exists, require compliance within 60 days, and authorize legal action if the compliance deadline is not met. Motion carried 2 - 0. The meeting recessed at 12:20 p.m. WORKSESSION ON SPECIAL IMPROVEMENT DISTRICTS ALTERNATIVES UNDER AMENDMENT 1 (#134) The Board of County Commissioners reconvened at 2:00 p.m. in regular session with Rex Burns, Special Districts Engineer. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Diane Martell, Staff Services Special Districts Manager; Rex Smith, Director of Public Works; Elaine Spencer, Director of General Engineering Services; Dave Dwyer, Bond Counsel; Bob Grewell, Director of Finance; Marla Hehn, Assistant County Attorney; and Bill Gordon, County Administrator. Recording Clerk, S. Graves. The purpose of today's meeting is to discuss with the Board how to proceed in forming special improvement districts after the passage of Amendment One on November 3, 1992. Previously, Colorado Statute provided an opportunity for property owners in a subdivision to join together with County Government to finance and construct street improvements, water and sewer systems, and surface improvements. However, since the passage of Amendment One, Legal Counsel has held that each Local Improvement District will now be required to hold a County-wide Election to approve the special assessments and the bonded indebtedness. Staff unanimously concurs that holding a county-wide election to form a special district is not feasible and would be a losing proposition. Staff has researched other options available for funding local improvement districts; one option is the formation of a public sewer utility, which would be structured so as to be an enterprise fund under Amendment One and would not require an election. Chairman Hotchkiss suggested the possibility of a six-month moratorium. There is also the possibility that Legislature will amend Statute to allow formation of a local improvement district without a county-wide election. After further discussion, the Board directed Staff and Ms. Hehn to gather more information on other options to consider regarding formation of special improvement districts without a county-wide election, and suggested contacting other Counties in Colorado to determine if they have a viable solution to the problem, and report back to the Board within 30 days. In the interim, Mr. Dwyer will determine whether or not he can issue bonds for a local public sewer utility. The meeting adjourned at 3:10 p.m. TUESDAY, FEBRUARY 2, 1993 PUBLIC WORKS STANDING MEETING (#135) The Board of County Commissioners met in regular session at 9:30 a.m. with Rex Smith, Director of Public Works. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present was Bill Gordon, County Administrator. Recording Clerk, M. Bloom. 1. 4-Year Short-Range Highway Improvement Program: Rex Smith reviewed the short-range highway improvement program, 1994-1997, with the Board of County Commissioners. Mr. Smith identified factors utilized in developing the program, such as: available funding; traffic volumes, safety/accident records, maintenance problems, opportunity for co-op project with other agencies, probability of annexation or improvement as a requirement for land development. Commissioner Duvall suggested that the Planning Department should become involved in the formulation of the program. M O T I O N Commissioner Duvall moved that the Board accept the short-range highway improvement program as presented with the understanding that changes to the same can be made. Motion carried 3-0. 2. Vine Drive Shop Groundwater Recovery & Treatment System: Rex Smith indicated that three County shop sites, Wellington, Shields and Vine Street are in need of groundwater recovery and treatment systems. Mr. Smith noted that the corrective action plan for the Vine Street Shop has been approved by the State; the design work is completed and bid documents are being prepared for installation and implementation of the system. The estimated cost of the system is $40,000; and the monthly operation will cost $2,000. Mr. Smith stated that these expenditures are funded through the Capital Expenditures Fund - the same to be reimbursed from the Road and Bridge Fund. With respect to the two other sites, Mr. Smith commented that applications for State funds have been submitted; no action has been taken. M O T I O N Commissioner Disney moved that the Board retire to Executive Session at 10:15 a. m. to consider a personnel matter. Motion carried 3-0. The meeting recessed at 10:35 a.m.; no action was taken. MEETING WITH COUNTY ATTORNEY'S OFFICE ("135) The Board of County Commissioners reconvened at 10:45 a.m. with George Hass, County Attorney. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were members of the County Attorney's Staff and Bill Gordon, County Administrator. Recording Clerk, M. Bloom. George Hass introduced the staff from the County Attorney's Office and identified areas of expertise. Specific queries relating to the contractual relationship between the County Attorney and the Department of Social Services as well as the Larimer Dog Ordinance/Humane Society relationship were addressed. George Hass stated that there are 31 cases open currently - the average over the last two years has been 29. The meeting adjourned at 11:30 a.m. WEDNESDAY, FEBRUARY 3, 1993 ADMINISTRATIVE MATTERS (#137) The Board of County Commissioners met at 9:30 a.m. in regular session with Bill Gordon, County Administrator. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Dana Klausmeyer, Controller; Bob Grewell, Finance Director; Patty Arnett, Health Department Business Manager; Neil Gluckman, ETS Administrator; Joni Friedman, ETS Assistant Administrator; Rex Burns, Special Improvement District Administrator; and Wayne Lawler, Facilities Manager. Recording Clerk, S. Graves. 1. PRESENTATION OF THE "CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING" TO FINANCE: Chairman Hotchkiss presented the "Certificate of Achievement for Excellence in Financial Reporting" to Ms. Klausmeyer. This Certificate is awarded by an Association of Government Finance Officials from the United States and Canada and this is the 10th consecutive year for Larimer County to receive this Certificate. 2. MEETING WITH MAGGIE CARTER AND RICK ZIER CONCERNING THE DEHYDRATOR EMISSIONS COMMITTEE: The Board met Maggie Carter, PR1 School District Facilitator, and reviewed her role in negotiating the second phase of the Alfalfa Dehydrator Committee discussions. Mr. Rick Zier, attorney serving as neutral Chairman thru the first phase of this Committee, shared his insights and noted their task was to consider the many concerns voiced by all parties involved and to make recommendations for resolving this matter. Ms. Duvall stated that her desire is for the committee to address and recognize that there is a sociological problem (an agricultural industry attempting to earn a living and residents in the area trying to enjoy a comfortable living) and try to resolve the issue so these two groups can live in the community harmoniously. Ms. Carter presented her ideas and agenda for the meetings and outlined her consensus-building approach. The Board complimented Mr. Zier for what he has accomplished in bringing the Committee this far, and Ms. Duvall expressed appreciation to Poudre R1 for allowing Ms. Carter to serve as Facilitator for this Committee. 3. REQUEST FOR APPROVAL AND SIGNATURE ON THE PERSONNEL AUTHORIZATION REQUEST FORM FOR ONE GRANT FUNDED FULL-TIME EQUIVALENT (FTE) EMPLOYEE FOR THE HEALTH DEPARTMENT: Ms. Arnett informed the Board that verbal notification has been received from the Colorado Department of Health to add 1 full-time Program Worker I to the WIC (Women, Infants and Children's Supplemental Food) Program effective February 1, 1993. Ms. Arnett requested Board approval and the Chairman's signature on the Personnel Authorization Request Form and noted that if the funding for the position is deleted, the position will also be deleted. M O T I O N Commissioner Disney moved that the Board approve the addition of 1.0 grant funded FTE for the Health Department and authorized the Chairman to sign the Personnel Authorization Request Form, as requested by Ms. Arnett. Motion carried 3 - 0. 4. REQUEST FOR APPROVAL AND SIGNATURE ON THE PROGRAM YEAR 1992 SUMMER YOUTH-EMPLOYMENT AND TRAINING PROGRAM (SUMMER OF 1993): Mr. Gluckman and Ms. Friedman requested Board approval and the Chairman's signature on the Program Year 1992 Summer Youth Employment and Training Plan (Summer of 1993). Mr. Gluckman noted this Plan has been reviewed and approved by the Larimer County Private Industry Council. The Plan is similar to last year's, the only major change is a considerable reduction of funds. Ms. Friedman provided an overview of the summer work experience for the Board, noting that 227 youth will be served between the ages of 14 to 21. Ms. Friedman also noted that Anheuser Busch gives $25,000 every year to operate "Operation Bright Side" and ETS will be making application for an additional $25,000 in Federal dollars to be directed to youth conservation work. M O T I O N Commissioner Disney moved that the Board approve and the Chairman sign the Program Year 1992 Summer Youth Employment and Training Plan (Summer of 1993), as requested by Mr. Gluckman and Ms. Friedman. Motion carried 3 - 0. 5. DISCUSSION OF OLD TOWN MASTER DRAINAGE PLAN FEES: As property owners in downtown Fort Collins, the Board discussed and reviewed three options for methods of payment for the Old Town Master Drainage Plan which is being proposed. Option #1 for a 23-Year Improvement Program at $3,684/year County payment was recommended. M O T I O N Commissioner Disney moved that the Board approve Option #1 for County participation in a 23-Year Improvement Program at $3,684/year for the Old Town Master Drainage Plan. Motion carried 3 - 0. 6. WORKSESSION: -- Increase in County Attorney's Retainer: Mr. Gordon noted that for many years the County has paid the premiums for Ralph Harden's (Former County Attorney) medical benefits. Mr. George Hass, (Current County Attorney) prefers to remain with his firm's health plan and is requesting that the $3,946 savings be added to the firm's annual retainer. After discussion, CONSENSUS OF THE BOARD was that these savings should be returned to the General Fund. -- Fair Board Ex-Officio Designation: Mr. Dave Jones, Fair Board President, requested the Board to appoint Mrs. Amelia "Babe" Chambers an ex-officio member of the Larimer County Fair Board. M O T I O N Commissioner Disney moved that the Board appoint Mrs. Amelia "Babe" Chambers a non-voting associate member of the Larimer County Fair Board, as recommended by Mr. Dave Jones and the Fair Board. Motion carried 3 - 0. -- Larimer County Public Trustee's Fourth Quarter and 1992 Annual Report: The Board has been asked to accept the Quarterly and Annual Reports from the Larimer County Public Trustee for 1992. Chairman Hotchkiss reviewed the relationship between the Board of County Commissioners and the Public Trustee, noting that the Public Trustee is a political appointment by the Governor. M O T I O N Commissioner Disney moved that the Board accept the Quarterly and Annual Reports for 1992 from the Larimer County Public Trustee's Office. Motion carried 3 - 0. Subdivision and Exemption Revision Group (SERG) Task Force Appointments: Mr. Legg has received many calls regarding how the SERG Task Force will be appointed and requested direction from the Board. The Board directed Mr. Legg and Mr. Gordon to formulate an advertisement for the position. The Board will review the applications, and arrive at a balance for membership on the Task Force. 7. DOCUMENT REVIEW: The following documents, of a routine nature, were considered by the Board: MINUTES/AGENDA M O T I O N Commissioner Duvall moved that the Board approve the Minutes for the week of January 25, 1993, and the Agenda for the week of February 8, 1993, as submitted. Motion carried 3 - 0. M O T I O N Commissioner Duvall moved that the Board approve the Meadowdale Hills Amended Plat, and the Woodmansee Minor Residential Development Plat. Motion carried 3 - 0. LIQUOR LICENSES: County Approval was granted to Glen Haven General Store - 3.2% - Glen Haven, CO; Aspen Lodge - 6% - Estes Park, CO; City Park Liquors - 6% - Fort Collins, CO; Gasamat No. 110 - 3.2% - Fort Collins, CO; Vickers #2743 - 3.2% - Loveland, CO; Best Western Coach House Motor Inn - 6% - Loveland, CO. M O T I O N Commissioner Duvall moved that the Board approve the following documents: R93-10s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF RICE MINOR RESIDENTIAL DEVELOPMENT R93-11s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF MEHL MINOR RESIDENTIAL DEVELOPMENT R93-12z SPECIAL REVIEW FINDINGS AND RESOLUTION CONCERNING THE PETITION OF RICHARD M. POCHE R93-13z SPECIAL REVIEW FINDINGS AND RESOLUTION CONCERNING THE PETITION OF CONNELL RESOURCES R93-14s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF PASS MINOR RESIDENTIAL DEVELOPMENT R93-15g RESOLUTION CONCERNING THE MODIFICATION OF THE MILEAGE RATE FOR COUNTY OFFICIALS, EMPLOYEES AND AGENTS ON OFFICIAL COUNTY BUSINESS Motion carried 3 - 0. The meeting adjourned at 10:55 a.m. ___________________________________ COURTLYN W. HOTCHKISS, CHAIRMAN ( S E A L ) BOARD OF COUNTY COMMISSIONERS ATTEST: _____________________________________ Mary R. Bloom, Deputy County Clerk _____________________________________ Sherry E. Graves, Deputy County Clerk