County Offices, Courts and the Landfill will be closed on Monday, September 7 in observance of the Labor Day Holiday. Critical services at Larimer County will not be disrupted by this closure.
PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS MONDAY, APRIL 19, 1993 SUBDIVISIONS (#200 & #201) The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chairman Hotchkiss presided; Commissioner Disney was present. Commissioner Duvall will be out of town until April 19, 1993. Also present were: Al Kadera, Subdivision Administrator; Carol Evans, Associate Planner; Jerry Blehm, Environmental Health; John Pedas, Code Enforcement Officer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves. 1. ASPENBROOK PLANNED UNIT DEVELOPMENT PHASE II (#93-SU0224): NE 04-04-73; APPROXIMATELY 2 1/2 MILES SOUTHEAST OF ESTES PARK ON THE SOUTHEAST SIDE OF COLORADO HIGHWAY 66 (SPUR); 4.31 ACRES; 13 LOTS; E-ESTATE ZONING (4-19-93) This is a request for Preliminary Phase Plan approval for 13 single family lots on 4.3 acres of which 2.7 acres is open space. A Master Plan, #S-129-88, was approved March 20, 1989, for 49 units on 13.01 acres. Rezoning, #Z-38-87, was approved April 4, 1988 from E-Estate to A-Accommodations, and First Phase was approved December 5, 1990 for 33 units on 8.7 acres. Mr. Kadera noted that this item would have been on consent except that a long discussion ensued before the Planning Commission regarding a requirement by the State Forest Service concerning the mitigation of the wildfire hazard and the requirement for fire retardant shingles for all the lots. Staff Findings include: 1) The proposed Aspenbrook Planned Unit Development Phase II is consistent with the conditionally approved Master Plan, with the existing zoning of the site, and with existing development in the immediate area; 2) There are some technical issues with respect to wildfire hazard mitigation and grading of the site that need to be addressed; 3) The County has adopted Hazard Area Regulations which require mitigation of any natural hazards including wildfire hazards; 4) Access and utilities can be provided in a manner consistent with County regulations; 5) Approval of Aspenbrook Planned Unit Development Phase II, with the following conditions, will not result in any significant negative impacts on surrounding properties, utility services, transportation facilities or the natural environment. Phillip Manning, applicant, addressed the Board and indicated he disagrees with the requirement for fire retardant shingles on all the lots; he does agree, however, with fire retardant shingles being required for lots 8, 9, 10, and 11, which are located on steep terrain in the wildfire hazard area. Mr. Manning presented photos showing the other lots are in a meadow. After discussion, the conditions were amended as follows: The Planning Commission/Staff Recommendations are for Approval of a Variance to permit structures to be built with a setback of 20 feet from the perimeter of the property with the condition that building envelopes be designated on the Final Plat; and Approval of the Preliminary Phase Plan for Aspenbrook Planned Unit Development Phase II with the following amended conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Phase Plan including all notes, except as modified by the following conditions; 2) Before the Final Plat is submitted, the applicant shall reach agreement with the State Forester concerning the appropriate mitigation measures required to address the wildfire hazard situation on this site. Tree thinning, where required, shall be included in the Subdivision Improvements Agreement and no construction will be permitted until the thinning is completed. A note to require fire retardant shingles for Lots 8, 9, 10, & 11 shall be placed on the Final Plat. Wood shakes shall require periodic maintenance; 3) A note shall appear on the Final Plat to advise lot owners that it is illegal to feed deer and elk, it is illegal to allow domestic animals to harass wildlife, and that the Division of Wildlife will not be responsible for damage to ornamental plantings that may be caused by wildlife, and state that this area is of potential danger to domestic pets; 4) Notes shall appear on the Final Plat to indicate that Park Fees will be collected when building permits are issued for each lot, engineered foundation plans shall be required for all construction, radon tests shall be required for all residential structures before a Certificate of Occupancy is issued, and the uses of these lots shall be limited to single family dwellings and accessory uses; 5) The Final Plat shall indicate that the open space is a blanket utility and access easement. The homeowner's documents shall detail the rights and responsibilities of the lot owners with respect to the open space; 6) The Final Plat application shall include a grading plan to be approved by the County Drainage Administrator. The Final Plat application shall also include construction drawings and a Subdivision Improvements Agreement to be secured by appropriate collateral. Water and sewer plans must be approved by the appropriate utility companies; 7) The applicant shall be required to notify the Assessor when the Final Plat is recorded. This notification is required by State Statute and is intented to ensure that the open space tract value is pro-rated among the lots to avoid a separate tax bill for the open space. This notification must be in writing and should include a copy on the Final Plat; 8) Lots 8, 9, 10, and 11 require engineered foundations. A note shall appear on the Final Plat that potential lot owners should be aware that steep terrain can cause drainage and erosion problems that require special care during and after construction. M O T I O N Commissioner Disney moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendations, with Amended Conditions, and approve the Aspenbrook Planned Unit Development Phase II (#93-SU0224). Motion carried 2 - 0. 2. MAJORS MINOR RESIDENTIAL DEVELOPMENT (#92-EX0175): SE 1/4 OF 36-04-69; NORTH SIDE OF COUNTY ROAD 905 (COUNTY ROAD 2); ON LARIMER/BOULDER COUNTY LINE 1/2 MILE EAST OF COUNTY ROAD 15; 9.9 ACRES; 3 LOTS; FA-1 FARMING ZONING (4-19-93) This is a request to divide a 9.9 acre parcel with 2 existing residences into 3 lots of 3.3 acres each for single family dwelling units. Ms. Evans provided the area and project description and noted that Staff is recommending that the smaller of the two mobile homes on Lot 1 must be removed to eliminate the non-conforming situation of two residences on one lot. Ms. Evans stated that a petition has been received signed by approximately 20 adjacent property owners protesting the request, as well as additional letters of opposition. Staff Findings are: 1) The proposed Majors Minor Residential Development is consistent with 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 proposed Majors Minor Residential Development appears to be consistent with the Larimer County Comprehensive Plan; 3) The proposed Majors Minor Residential Development appears to be consistent with existing development and rural residential uses in the area; 4) The County Health and Engineering Departments, the Berthoud Fire District, utility companies, and other interested agencies have reviewed the request and stated no objections as long as certain conditions are met; 5) Approval of the proposed Majors Minor Residential Development, with conditions, should not adversely affect adjacent property, the natural environment, or the provision of services or transportation. Staff Recommendation is for Conditional Approval. Ivan Majors, applicant, clarified his intentions for the Board, noting he does not plan to sell this property or change the use of the property. Mr. Majors requested six months to one year before removing the smaller trailer to live in while they are building their new home, or possibly using the trailer for storage or as a workshop indefinitely. The following adjacent property owners addressed the Board: Tom Girard, Carolyn Gause, Charlene Corey, Kay Thomsen, Betty Weston, and Fred Soley, citing their concerns of increased traffic on unpaved roads, possibility for rezoning of the area, potential threat of contamination of water supply, disruption of quality of life, threat to wildlife, encroachment of land, potential for sewage system problems, etc. Much discussion followed. M O T I O N Commissioner Disney moved that the Board deny the Majors Minor Residential Development (#92-EX0175) Residential Development due to reasons of compatibility and traffic concerns. Motion carried 2 - 0. 3. WESTERN MINI RANCHES AMENDED PLAT (#93-SA0257): SE 1/4 20-04-69; 1/4 MILE WEST OF COUNTY ROAD 21; 2.03 ACRES; 1 LOT (4-19-93) This is a request for an Amended Plat of Lot 17, Block 2, Western Mini Ranches to relocate the building envelope. Ms. Evans provided the background information, reviewed the major concerns and issues, and noted that Staff's concern is with the increased size of the proposed building envelope and possible impacts on views from adjacent lots. Ms. Evans stated that considerable opposition has been raised by neighboring property owners. Staff Findings include: 1) Western Mini-Ranches Planned Unit Development was recorded in 1979. Building envelopes were shown on the recorded Final Plat to reduce cost of utility installation and to protect the open, rural nature of the development; 2) Property owners, the Homeowner's Association, and realtors have relied on the building envelope locations shown on the Final Plat for providing protection of views; 3) Several amendments to building envelope locations were approved by the Board of County Commissioners in the past; 4) The County Health, Engineering Department, and utility companies serving the property have reviewed the request and stated no objection; 5) Neighboring property owners have expressed concerns regarding the requested change, including obstruction of views, decrease in property values, and the increased size of the proposed envelope; 6) A reasonable use of the lot can be made by building within the platted envelope. Staff Recommendation is for Denial of the request to relocate the building envelope on Lot 17, Block 2 of Western Mini-Ranches Planned Unit Development. Kurt Schlagel, applicant, stated that the reason for the request to relocate the building envelope is due to the neighboring lot owner has built a horse corral which is located next to his building envelope, and also noted that when the existing trees grow, the view of the objecting property owners will be obstructed. Mr. Schlagel stated he is only building a single-story ranch-style home and has met with the architectural review board of the subdivision and they have been very supportive. Bill Lohr and Dwaine Pucket expressed their opposition to this request, citing their concern regarding the obstruction of their mountain view. Thomas and Georgine Schreivogel stated they are in favor of this relocation of the building envelope noting the impact will be minimal. Discussion followed. M O T I O N Commissioner Disney moved that the Board adopt the Staff Findings and Staff Recommendation and deny the Western Mini Ranches Amended Plat (#93-SA0257). Motion carried 2 - 0. 4. EAGLE LAKE SUBDIVISION 3RD FILING (#92-SU0129): SE 1/4 14-08-69; WEST OF HIGHWAY 1, NORTH OF COUNTY ROAD 54; 29.26 ACRES; 10 LOTS; FA-FARMING ZONING (4-19-93). Mr. Barnett and Mr. Hasler, applicant, stated this item is a consent item and will not be discussed unless requested by the Commissioners or members of the audience. This is a request to divide 29.26 acres into ten lots of 2.3-3.1 acres for single family dwellings. Staff Findings are: 1) The Preliminary Plats for the 3rd and 4th Filings of Eagle Lake Subdivision were conditionally approved on November 23, 1992. The proposed Final Plats are consistent with the Preliminary Plats; 2) The County Engineer will be required to sign the construction plans before the Final Plat is recorded. The plans have been approved by the other appropriate agencies; 3) The applicant proposes a letter of credit to secure the Subdivision Improvements Agreement. This collateral is acceptable according to the Collateral Policy. Staff Recommendation is for Approval of the Final Plat for the 3rd Filing of Eagle Lake Subdivision with the following conditions: 1) The County Engineer shall approve the final construction plans before the Final Plat is recorded; 2) The applicant shall prepare an agreement concerning the looping of Eagle Lake Drive, if the east side of Eagle Lake is developed. This agreement shall be recorded with the Final Plat for the 3rd Filing. M O T I O N Commissioner Disney moved that the Board adopt the Staff Findings and Staff Recommendation and approve the Eagle Lake Subdivision 3rd Filing (#92-SU0129). Motion carried 2 - 0. 5. EAGLE LAKE SUBDIVISION 4TH FILING (#92-SU0129): SE 1/4 14-08-69; WEST OF HIGHWAY 1, NORTH OF COUNTY ROAD 54; 7.29 ACRES; 3 LOTS; FA-FARMING ZONING (4-19-93) This is a request to divide 7.29 acres into three lots of 2.3, 2.4, and 2.6 acres for single family dwellings. Mr. Kadera stated that the main concern with the 4th Filing is the existing property owners concerns regarding a stub street which extends to the south property line. The property owner is considering the possibility of further development to the south of this property and the street connection is plausible to Staff. Staff Findings include: 1) The Preliminary Plats for the 3rd and 4th Filings of Eagle Lake Subdivision were conditionally approved on November 23, 1992. The proposed Final Plats are consistent with the Preliminary Plats; 2) The County Engineer will be required to sign the construction plans before the Final Plat is recorded. The plans have been approved by the other appropriate agencies; 3) The applicant proposes a letter of credit to secure the Subdivision Improvements Agreement. This collateral is acceptable according to the Collateral Policy. Staff Recommendation is for Approval of the Final Plat for the 4th Filing of Eagle Lake Subdivision with the following conditions: 1) The County Engineer shall approve the final construction plans before the Final Plat is recorded; 2) The applicant shall prepare an agreement concerning the looping of Eagle Lake Drive, if the east side of Eagle Lake is developed. This agreement shall be recorded with the Final Plat for the 4th Filing. Mr. Hasler, attorney for the applicant, stated that the main concern regarding the stub street is that the Carters and Nashs were assured when they purchased their lots that there would be no traffic by their homes; Mrs. Carter has an illness which is affected by traffic exhaust. Mr. Hasler proposed that if the Board approves this request, the applicant would like to reserve the right to acquire the property to the south in the future and add it to Eagle Lake, which is authorized by the covenants. The applicant is willing to commit to the Carters and the Nashs that if the south property is purchased, they will petition the Board to make the road coming in from Douglas Road a private road and install a controlled access on this road. Also, the lot size and density will be comparable to the other lots in Eagle Lake; and they will oppose any other developer coming in and using the roads thru this property. Mr. Hasler will work with Ms. Haag, the Carters and the Nashs, and draft an agreement letter containing these commitments. M O T I O N Commissioner Disney moved that the Board adopt the Staff Findings and Staff Recommendation and approve the Eagle Lake Subdivision 4th Filing (#92-SU0129), pending approval of legal counsel. Motion carried 2 - 0 . 6. At this time, Mr. Hasler withdrew the request for the Eagle Lake Subdivision 2nd Filing Amended Plat. 7. STEELE EXEMPTION APPEAL (#93-VA0235): SE 1/4 17-06-68; NORTH SIDE OF COUNTY ROAD 32, 1/2 MILES WEST OF I-25, SOUTH OF FOSSIL CREEK RESERVOIR; 10 ACRES; 1 LOT; AP-AIRPORT ZONING (4-19-93) This is an appeal to allow the property owners to submit an application for subdivision Minor Residential Development to create a 10-acre parcel and a 54.5 acre parcel. The 64.5 acres is a tract that was created in 1974 with the approval of the Riddell Exemption. Mr. Pedas noted this appeal is being submitted because of an illegal land division. Mr. Pedas provided the background information, reviewed the major concerns and issues, and stated that if the Appeal is granted and the Exemption is approved, the matter of the illegal division is resolved. Staff Findings are: 1) The subject property was a 64. 5-acre parcel resulting from an approved Subdivision Exemption on February 13, 1974; 2) The subject property does not qualify for an Exemption under the present guidelines and criteria for Exemptions; 3) The current property owners were apparently given inaccurate information relative to the status of the 10-acre parcel as a legal building site, and they are unable to obtain a building permit to construct a single family dwelling on the site. Staff Recommendation is for Approval of the Appeal to allow the Steele's to submit an Exemption request to create a 10-acre parcel and a 54.5-acre parcel from a 64.5-acre parcel created in 1974 by a Subdivision Exemption. Mr. Jim Martell, attorney for the applicant, addressed the Board and requested their approval of this appeal to allow the property owners to submit an application for Subdivision Minor Residential Development. Mr. Barnett noted that this Appeal is for a MRD under the new criteria. M O T I O N Commissioner Disney moved that the Board adopt the Staff Findings and Recommendation and approve the Steele Exemption Appeal (#93-VA0235). Motion carried 2 - 0. The meeting adjourned at 11:50 a.m. WEDNESDAY, APRIL 21, 1993 ADMINISTRATIVE MATTERS (#203) The Board of County Commissioners met at 9:30 a.m. in regular session with Bill Gordon, County Administrator. Chairman Hotchkiss presided; Commissioner Disney was present. Commissioner Duvall was out of town. Also present were Linda Coxen, Administrative Manager, Office of District Attorney and Elaine Spencer, Manager, Engineering and Operations. Recording Clerk, D. Lord. 1. REQUEST FOR APPROVAL TO APPLY FOR A FEDERAL GRANT - 1993 VICTIMS OF CRIME ACT APPLICATION. Ms. Coxen reported to the Board that the program began in 1990; however, the reauthorization of the Act would force the county to compete for funding if an increase was requested this year. Therefore, the requested amount of federal funds for 1993 would be the same as 1992: $9,361.00. The grant provides services to victims of domestic violence in the county. She assured the Board that they would continue to seek diversified funding sources to limit the amount of funding requested from the county. 2. DISCUSSION REGARDING APPOINTMENTS TO THE NORTH FRONT RANGE REGIONAL TRANSPORTATION COMMITTEE. Ms. Spencer reviewed the process involved in developing the names in nomination for the committee, which will include representatives from Larimer and Weld Counties, including cities representation. She asked that the Board approve the list. MOTION Commissioner Disney moved that the Board approve the appointments of the following nominees to the committee, until such time that their task is completed: David French, Don Nelson, John Harvey, Jerry Blehm, John Barnett, Ed Haimes, Ken Ashley, Elaine Spencer, Sam Szymanski, Owen Walters, Earl Wilkinson, Steve Johnson, Dale Miller, Larry Simpson and John Peacock. MOTION Motion carried 2 - 0. 3. ACCEPTANCE OF RESIGNATION AND APPOINTMENT TO THE LARIMER-WELD REVOLVING LOAN FUND COMMITTEE. Mr. Gordon reported to the Board that Mr. Greenberg had submitted his resignation from the committee due to his current workload. In his letter he recommended Ms. Kathy Kregel as his replacement on the committee. A letter from Kathy Kregel had been submitted indicating her interest in being appointed as Mr. Greenberg's replacement. Commissioner Disney reported that he had met with Ms. Kregel and discussed the appointment with her in relation to the duration of her appointment. MOTION Commissioner Disney moved that the Board accept Mr. Greenberg's resignation and appoint Ms. Kregel as his replacement for the duration of his current term, which runs until December 31, 1993. Motion carried 2 - 0. 4. COMMISSIONER'S REPORTS Commissioner Disney reported that he had met with the Colorado Counties, Incorporated Tax and Finance Committee regarding Amendment 1. The consensus was that the counties would live with the consequences of the amendment for the current year and then revamp the entire system next year. He said that, depending upon the changes in the assessed value of homes, the impact on county budgets could range from mild to severe. The assessments for residential homes would drop to 12.86 percent, but commercial assessments would remain the same. If the value of residential homes increased by the same amount that the assessments were required to drop, county budgets would remain stable. However, there would be no way to predict the acutal impact until the implementation year was over. Commissioner Disney also reported that the elimination of the Lotto discussed by the State Legislature was dead for this year, and that 1126 appeared to be doomed as well. In relation to the School Impact fees, it would be up to the school districts to make the first move. Mr. Gordon noted that the resolution to increase classified employees salaries by 1 percent on July 1st would be ready for adoption by the Board at the next Administrative Matters meeting. 5. WORKSESSION: No items. 6. DOCUMENT REVIEW: The following documents, of routine nature, were considered by the Board: MOTION Commissioner Disney moved that the Board approve the Minutes for the week of April 12, 1993, and the agenda for the week of April 26, 1993, as submitted. Motion carried 2 - 0. Commissioner Disney moved that the Board approve Petitions for Abatement for Mary Lee/Marien Steward, Robert R. Cole, John & Lorene Ann Baum, AAFB, Inc., Kelly/Lynn Dean, Herman and Dorothy Sedillo, W.W. Reynolds, Bountiful, A. Lynn DeGeorge, Lee & Ruth Wagner, Susan Dumont, James McCreery, Norlarco C.U., Tool & Johnson, Corlene Van Sluizer, and, Choice Roofing, Inc. Moion carried 2 - 0. MOTION Commissioner Disney moved that the Board approve the following miscellaneous documents: Westridge Estates, P.U.D. Amended Plat - Lots 4 & 5; Miles Minor Residential Development Plat - #S-115-92; and, Application for Funds for Drug Control and Improvement Program (DCSIP). Motion carried 2 - 0. LIQUOR LICENSES: County Approval was granted to Alman's Deli Works, 6% - Fort Collins, CO; and a Waive of Hearing for a Change of Ownership for Fall River Properties, Inc. dba Dark Horse Restaurant & Lounge, 2760 Fall River Road, Estes Park, CO. for a Hotel & Restaurant Liquor License. Licenses were issued to Lovin Oven, 6% - Loveland, CO and Mountain Greenery Resort, 6% - Bellvue, CO. MOTION Commissioner Disney moved that the Board approve the following documents: A93-73 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PORTER INDUSTRIES (Office Space at 418 E. 4th St. Ste.4, Loveland) A93-74 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON COUNTY ROAD 2H BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RICHARD L. AND MARYANNE WEISS (Right-of-Way - Project #166) A93-75 AGREEMENT CONCERNING BRIDGE REPLACEMENT ON COUNTY ROAD 63E BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LOWELL K. AND LOUISE T. ADAMS, ALBERT D. AND PHYLLIS K. DAVIS, JOSEPH P. AND ERNESTINE A. COX AND LEROY J. AND FRANCES E. GRONQUIST A93-76 WARRANTY COLLATERAL AGREEMENT FOR EAGLE LAKE - FIRST FILING BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WESTERN LAND AND INVESTMENT CORPORATION A93-77 WARRANTY COLLATERAL AGREEMENT FOR EAGLE LAKE - SECOND FILING BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WESTERN LAND AND INVESTMENT CORPORATION A93-78 SUBDIVISION IMPROVEMENT AGREEMENT FOR MILES MINOR RESIDENTIAL DEVELOPMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JEROLD L. MILES ASSOCIATES IV R93-53s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR EAGLE LAKE- FIRST FILING R93-54s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR EAGLE LAKE- SECOND FILING R93-55s RESOLUTION REGARDING REALEASE OF COLLATERAL FOR CRYSTAL VIEW SECOND SUBDIVISION R93-56s RESOLUTION REGARDING RELEASE OF RESTRICTION ON SALE OF LOTS FOR CRYSTAL VIEW SECOND SUBDIVISION R93-57g RESOLUTION ESTABLISHING SPECIAL EVENT PERMIT REQUIREMENTS FOR LARIMER COUNTY ROADS The meeting adjourned at 9:55 a.m. _____________________________________ COURTLYN W. HOTCHKISS, CHAIRMAN BOARD OF COUNTY COMMISSIONERS ( S E A L ) ATTEST: ____________________________________ Dolores Lord, Deputy County Clerk _____________________________________ Sherry E. Graves. Deputy County Clerk