PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, NOVEMBER 21, 1994

SUBDIVISIONS

(#159)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Pro-Tem Disney presided; Commissioner Hotchkiss was present. Chair Duvall is out of town this week. Also present were: Richael Michels, Planner; Al Kadera, Subdivision Administrator; Elaine Spencer and Rex Burns, Engineering; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Barnett requested the Board to table the Seven Springs Ranch Planned Unit Development (#94-MS0568) until January 3, 1995 and the Lindacre Minor Residential Development (#94-EX0488) until January 17, 1995.

M O T I O N

Commissioner Hotchkiss moved that the Board table the Seven Springs Ranch Planned Unit Development (#94-MS0568) until January 3, 1995, and the Lindacre Minor Residential Development (#94-EX0488) until January 17, 1995, as requested by Mr. Barnett.

Motion carried 2 - 0.

Mr. Barnett stated that the following item is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. TURNER MINOR RESIDENTIAL DEVELOPMENT (#94-EX0562):

NW 1/4, 26-08-69; EAST SIDE OF NORTH SHIELDS (COUNTY ROAD

17) ABOUT 1/4 MILE SOUTH OF DOUGLAS ROAD (COUNTY ROAD

54), NORTH OF THE COUNTRY SQUIRE ESTATES MINOR

RESIDENTIAL DEVELOPMENT; 18.09 ACRES; 2 LOTS;

FA-FARMING ZONING (11-21-94).

This is a request to divide 18.1 acres into two lots of 2.3 acres and 15.8 acres for single family dwellings. Staff Findings include: 1) This proposed MRD meets all of the requirements of the Larimer County Zoning and Subdivision Resolutions; 2) This proposed MRD does not and is unable to meet the requirements of the Land Use Plan, but is being developed in such a way that future development in accordance with the Land Use Plan is not precluded; 3) The Larimer County Health Department and Engineering Department and other reviewing agencies have reviewed this item and have offered no objection as long as certain conditions are met; 4) The approval of this subdivision, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents.

The Staff Recommendation is for approval of the Turner Minor Residential Development, with the following conditions: 1) A total of 34' of right-of-way for County Road 17 shall be dedication on the Final Plat; 2) Country Squire Drive will be paved to county standards for 34' from the centerline of County Road 17; 3) A drainage easement for Lot 1 onto Lot 2 must be shown on the Final Plat and any existing drainage tiles on the property must also be shown; 4) The following notes must be placed on the final plat: a) Uses on this property are limited to single-family residential and accessory uses; b) All utilities must be underground; c) Engineering footings and foundations are required; d) Radon testing is required prior to Certificate of Occupancy on new residential construction; e) Urban Growth Area park fees are required for Lot 2; f) Residential sprinkler systems are required in any new residential construction; g) There is an existing kennel adjacent to this property; future lot owners should be aware of the potential for noise from barking dogs; h) All lots must take access from Country Squire Drive; no access can be taken directly onto County Road 17; I) This Minor Residential Development is subject to the covenants for the Country Squire Estates Residential Development and is also required to participate in the maintenance of Country Squire Drive.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff Recommendation and approve the Turner Minor Residential Development (#94-EX0562), with the conditions as outlined.

Motion carried 2 - 0.

2. NORTH POUDRE IRRIGATION MINOR RESIDENTIAL DEVELOPMENT

APPEAL (#94-EX0593): 30-09-68; SOUTH OF COUNTY ROAD 66 AT THE

NORTHEAST CORNER OF DEMMEL LAKE; 7.9 ACRES; O-OPEN

ZONING (11-21-94).

This is a request for an appeal of the Minor Residential Development Regulations to allow a Minor Residential Development on a parcel that does not meet minimum lot size. Mr. Kadera described the property location and reviewed the major concerns and issues; he noted that in 1990 the North Poudre Irrigation Company purchased this property from the Bureau of Land Management because part of Demmel Lake (North Poudre #2) is located on this tract. However, in the northeast corner of the site is a parcel of about 7.9 acres that is outside the area need to operate the reservoir and North Poudre would like to sell the extra land. Staff Findings are: 1) The Minor Residential Development Regulations were amended to require that all parcels proposed meet all zoning requirements. The proposed residential lot is 7.9 acres in size, which is less than the ten acres required in the O-Open Zoning District; 2) If the appeal is granted, the applicant will be required to obtain a lot size variance from the Board of Adjustment before the Minor Residential Development process could proceed; 3) Staff has recommended denial of all appeals from the Minor Residential Development Regulations. Therefore, the Staff Recommendation is for denial of the Appeal of the Minor Residential Development Regulations submitted by the North Poudre Irrigation Company.

Robert Stieben, Manager North Poudre Irrigation Company, addressed the Board and requested approval of the appeal to allow them to proceed with for a minor residential development request for a variance to the Board of Adjustment on a tract of land that doesn't meet the minimum lot size requirements. Manuel Pineda, President of the North Poudre Irrigation Company, reminded the Board that if this parcel is owned by private ownership, it will go back on the tax roll and currently that is not the case. He also stated that this request for development is compatible with the neighborhood and access and utilities will be provided to the lot.

M O T I O N

Commissioner Hotchkiss moved that the Board grant the request of the North Poudre Irrigation Minor Residential Development Appeal (#94-EX0593) to allow them to proceed with a request for a variance from the Board of Adjustment for a Minor Residential Development on a parcel that does not meet the minimum lot size.

Motion carried 2 - 0.

3. ANDERSON SUBDIVISION RIGHT-OF-WAY VACATION (#94-OSO592):

14-05-69; NORTH SIDE OF FIFTH STREET, EAST OF COUNTY ROAD 17

(TAFT AVENUE); FA-FARMING ZONING (11-21-94).

This is a request to vacate a portion of public right-of-way and add it to the adjacent parcel. Mr. Kadera reviewed the major concerns and issues, noting there is an old house on part of Lot 1 of the Anderson Subdivision that appears to encroach on this right-of-way and expensive survey work will need to be done; in an attempt to avoid this unnecessary expense should this request be denied, the applicants decided to come before the Board to determine their thoughts regarding the request. Staff Findings include: 1) Anderson Subdivision was approved in 1922; 2) The southerly 30 feet of the subdivision appears to be dedicated right-of-way for Fifth Street; 3) The applicant owns two parcels that appear to be divided by the 30 foot right-of-way. There are possible discrepancies in the legal descriptions and the existing subdivision plat which must be resolved. Requiring an Amended Plat to show the disposition of the vacation right-of-way will require a survey that can address the apparent discrepancies; 4) All utilities serving this area reviewed the proposed vacation and stated no objections. However, two utilities requested that a utility easement remain in place of the vacated right-of-way; 5) Approval of the request to vacate a portion of Fifth Street will not leave any properties without access. The Staff Recommendation is for approval of the request to vacate a portion of Fifth Street, with the condition that prior to recording the resolution to vacate the right-of-way the applicant shall submit an Amended Plat to show the disposition of the vacated right-of-way; the Amended Plat shall address the apparent discrepancies in the Plat and legal descriptions of record on this property and shall dedicate a utility easement in place of the vacated right-of-way.

Discussion followed; Commissioner Disney asked if the City of Loveland has commented on this request; Mr. Kadera responded that the Planning Department and the Utilities Department have responded and they have no objections to the right-of-way vacation, but he has not yet heard from the Loveland City Engineer. James Girch, Roy Staples and Rex Mannon addressed the Board with their concerns and offered suggestions. Commissioner Hotchkiss noted that the Board of County Commissioners has always followed the policy that they approve vacations of property only when all parties concerned agree to the vacation or if there is a compelling public interest; therefore, he recommended the request be tabled until a survey is completed and all questions have been answered and concerns addressed.

M O T I O N

Commissioner Hotchkiss moved that the Board table the Anderson Subdivision Right-of-Way Vacation (#94-OSO592) request until January 17, 1995 to allow time to receive comments from the City of Loveland and the County and City Engineering Departments regarding this matter.

Motion carried 2 - 0.

The meeting recessed at 9:40 a.m.

ADMINISTRATIVE MATTERS

(#160 & 159 @ 2040)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session with Frank Lancaster, County Manager. Chair Pro-Tem Disney presided; Commissioner Hotchkiss was present. As noted previously, Chair Duvall will be out of town this week. Also present were: Marla Hehn, Assistant County Attorney; John Clarke, Commissioner Elect; Neil Gluckman, Assistant County Manager; and Donna Hart, Assistant to the County Manager. Recording Clerk, S. Graves.

1. APPOINTMENT OF MAYOR ANN AZARI TO THE LARIMER COUNTY EMERGENCY TELEPHONE AUTHORITY: Mr. Lancaster noted that the Fort Collins City Council has recommended that Mayor Ann Azari be re-appointed to serve as their representative on the Larimer County Emergency Telephone Authority and requests that the Board make the re-appointment

.

M O T I O N

Commissioner Hotchkiss moved that the Board re-appoint City of Fort Collins Mayor Ann Azari to the Larimer County Emergency Telephone Authority to serve as representative for the City of Fort Collins on this Board.

Motion carried 2 - 0.

2. RESOLUTION CREATING LARIMER COUNTY OFFICES IN WHICH APPOINTEES SERVE AT THE PLEASURE OF THE BOARD OF COUNTY COMMISSIONERS: Mr. Lancaster presented the revised Resolution Creating Larimer County Offices in which Appointees Serve at the Pleasure of the Board of County Commissioners, as discussed and revised in Policy Worksession, and requested approval of same by the Board.

M O T I O N

Commissioner Hotchkiss moved that the Board of County Commissioners adopt the Resolution Creating Larimer County Offices in which Appointees Serve at the Pleasure of the Board of County Commissioners, and authorize the Chair Pro-Tem to sign same.

Motion carried 2 - 0.

R94-149g RESOLUTION CREATING LARIMER COUNTY OFFICES IN

WHICH APPOINTEES SERVE AT THE PLEASURE OF THE

BOARD OF COUNTY COMMISSIONERS

3. ANIMAL CONTROL ORDINANCE: Mr. Gluckman reminded the Board that two weeks ago, a Resolution and Ordinance Amending the Resolution and Ordinance Concerning Animal Control and Dog Licensing was read in open session and then advertised in the local newspapers. Today, the Resolution and Ordinance is being presented for final reading and adoption by the Board. Mr. Gluckman stated that upon approval, the Resolution and Ordinance will be published again in final form and become effective in thirty days after publication. At this time, Jean Nelson, Steve Law and Richard Smith, interested citizens, joined the meeting requesting clarification regarding this Ordinance. Ms. Hehn stated that the changes are basically housekeeping amendments regarding training of law enforcement officers; in the future, the Humane Society officers will not be commissioned as limited Sheriff's Deputies, they will be appointed by the Board of County Commissioners to enforce the ordinance. Much discussion followed.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Resolution and Ordinance Amending the Resolution and Ordinance Concerning Animal Control and Dog Licensing, and authorize the Chair Pro-Tem to sign same.

Motion carried 2 - 0.

R94-150g RESOLUTION AND ORDINANCE AMENDING THE RESOLUTION

AND ORDINANCE CONCERNING ANIMAL CONTROL AND DOG

LICENSING

4. WORKSESSION:

-- Long Range Communications Planning Committee: Mr. Lancaster stated that Elizabeth Lowes, of the Sheriff's Department, has requested that an invitation letter from the Board be drafted asking representatives from all law enforcement agencies, emergency services, and town councils to serve on the Long Range Communications Planning Committee; the Board concurred with the request.

-- Thank You Letter to POST 2001 Workers: Mr. Lancaster requested approval from the Board of a draft thank-you letter expressing the Board's appreciation for the time and effort of those persons who worked diligently on POST 2001; CONSENSUS OF THE BOARD was to approve the letter as presented. Commissioner Disney also recommended that a thank-you letter be sent to those persons who worked on obtaining the GO Colorado Grant - a joint effort between the Larimer County Parks Department, the City of Fort Collins, and the Larimer Land Trust.

-- Letter to Mayor of Fort Collins: Mr. Lancaster requested Board approval of a draft letter to be sent to the Ann Azari, Mayor of Fort Collins, in response to the resolution adopted by the City of Fort Collins encouraging us to keep the County Courthouse and administrative offices in downtown Fort Collins; CONSENSUS OF THE BOARD was to approve the letter as presented.

-- Larimer County Organizational Chart: Mr. Lancaster presented the revised Larimer County Organizational Chart to the Board and noted the three revisions to the Chart: 1) Personnel is under the County Manager; 2) Parks is under Public Works; and 3) Veterans Services is under Human Development. After some discussion, the Board decided to wait until Chair Duvall has had a chance to review the revisions before final approval of the Chart.

-- Discussion of Liquor License Issues: Discussion was held regarding several liquor license issues; such as, allowing Bed and Breakfast Permits, several minor incident reports from the Sheriff's Department, and a question about an application for a Change of Ownership. The Board voiced no objection to allowing Bed and Breakfast Permits in Larimer County, as recently drafted in HB 94-1111 and approved by Governor Romer.

-- Invitations for the Board: Ms. Hart reviewed the following invitations with the Board: 1) Colorado State Forest Ecosystem Planning Projects Open House, all day December 3 & 4, 1994 at the Gould Community Center; 2) Breakfast Informational Meeting, Monday, December 5, 1994 at 7:30 a.m. at the Community Foundation Building regarding obtaining a grant for the Health Van Project - The Board declined; however, Mr. Lancaster will draft a letter of support from the Board for this project; 3) Colorado National Information Infrastructure Summit Meeting all day December 5, 1994 in Boulder, CO. sponsored by the University of Colorado and Senators Hank Brown and Ben Nighthorse Campbell - As the Board has meetings that day, they cannot attend but recommended that Ms. Cottingham of Information Management be informed of the meeting; 4) Roast and Toast Dinner for Homer Rouse of the National Park Service at the Holiday Inn in Estes Park on January 14, 1995 at 6 p.m. - Commissioner Disney will attend.

5. DOCUMENT REVIEW: The following documents, of a routine nature, were considered by the Board:

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Minutes for the week of November 14, 1994 and the Agendas for the weeks of November 28 and December 5, 1994, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve Petitions of Abatement, as recommended by the County Assessor, for the following: Brighton Properties; Van Cleave, Bank Western Federal Savings; Scheffel; Messinger; Colorado Lien Co.; Iverson; Kinzli; Klibbe; Dale; Johnston; Mein; Smith; Hodges; Buckley; Lollar; and Aykens.

Motion carried 2 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Paragon Estates Plat.

Motion carried 2 - 0.


LIQUOR LICENSES: Licenses were issued to Verns Liquor - 6% - LaPorte, CO.; Red Feather Cafe & Bar - 6% - Red Feather Lakes, CO.; and the Mexican Inn - 6% - Loveland, CO. County Approval was granted to the Fort Collins Lodge #275, Loyal Order of Moose - 6% - Fort Collins, CO.; and a Permit for the Scorched Tree Bed and Breakfast at 31601 Poudre Canyon, Bellvue, CO.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the following documents:

A94-163 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN AWARE

HOMES, LLC AND THE BOARD OF COUNTY COMMISSIONERS

FOR FOOTHILLS ESTATES SUBDIVISION

C94-61 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

OFFICE OF TRANSPORTATION SAFETY

(Programs involving Traffic Safety in Colorado)

R94-151g RESOLUTION APPROVING THE OFFICE OF TRANSPORTATION

SAFETY ALCOHOL PREVENTION INCENTIVE GRANT

(#95-01-19-08) (Funding for Project for Prevention of Drunken Driving)

Motion carried 2 - 0.

At this time, Assistant County Attorney Jeannine Haag, John Barnett, Russ Legg and Al Kadera of the Planning Department, joined the meeting for Legal Matters.

1. Request for Direction from the Board: Ms. Haag described a situation which has arisen regarding whether or not a particular lot is legal or illegal and requested direction from the Board on how to proceed. Ms. Haag described the history of the site, noting that in the early 1900's, one landowner held title to a large parcel of land in this area. Some years later, Water Supply & Storage built a reservoir (No. 3 Reservoir) on a portion of the section; however, they do not have any evidence of title whereby this land was ever deeded to them. Ms. Haag stated that Water Supply & Storage is the presumed owner because of adverse possession just by having the reservoir there and using it for some years. The problem which has arisen is that now someone wants to build a house on the parcel and they are trying to determine if it is a legal lot. Ms. Haag presented two options for the Board to consider to help solve this dilemma; i.e., submit a minor residential development application "under protest", or do an exemption agreement declaring it to be a legal lot of 7 1/2 acres. Following discussion, the Board instructed the planning staff to proceed with the exemption process, assuming this land was deeded back in the 1940's; however, before the exemption is approved, certain conditions will have to be met.

2. Interim Intergovernmental Agreement: Mr. Legg submitted the final draft of the Interim Intergovernmental Agreement between Larimer County and the Town of Windsor and requested Board approval and the Chair Pro-Tem's signature. Mr. Legg reviewed the contents of the agreement, which include funding of a plan sometime in the future which will address and define an urban growth management area and agreement not to annex outside of that area. Mr. Legg stated that there will be minimum standards for development which will address compatibility between the county and the incorporated and unincorporated areas. The planning staff recommended that the Board approve this agreement.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Interim Intergovernmental Agreement between Larimer County and the Town of Windsor, and authorize the Chair Pro-Tem to sign.

Motion carried 2 - 0.

A94-164 INTERIM INTERGOVERNMENTAL AGREEMENT BETWEEN

LARIMER COUNTY, COLORADO AND THE TOWN OF WINDSOR,

COLORADO

3. Discussion of a Civil Matter: Ms. Haag informed the Board that, with regard to the calls they are receiving concerning the "dirt pile" which is across the road from the south end of Donath Lake, this is a civil matter and there is nothing the Board can do about it.

The meeting adjourned at 3 p.m.


________________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


_________________________________________

Sherry E. Graves, Deputy County Clerk


November 21, 1994