PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, NOVEMBER 28, 1994
The Board of County Commissioners met at 9:00 a.m. in regular
session with John Barnett, Director of Planning. Chair Duvall
presided and Commissioner Disney was present; Commissioner Hotchkiss
was absent. Also present were: Al Kadera, Subdivision Administrator;
Rex Burns and Harry Lynam, Engineering; Jerry Blehm, Environmental
Health; and Jeannine Haag, Assistant County Attorney. Recording
Clerk, S. Graves.
Chair Duvall stated that the Board has been requested to table
the Rockview Planned Unit Development (#94-MS0575) until December
5, 1994 and the Highland Hills Planned Unit Development Amended
Master Plan (#94-MS0560) until December 19, 1994.
M O T I O N
Commissioner Disney moved that the Board table the Rockview Planned
Unit Development (#94-MS0575) until December 5, 1994 and the Highland
Hills Planned Unit Development Amended Master Plan (#94-MS0560)
until December 19, 1994.
Motion carried 2 - 0.
1. TIMNATH MEADOWS ESTATES (#94-SU0508): NW 23-07-68;
SOUTHEAST CORNER OF THE INTERSECTION OF COUNTY
ROAD 44 AND COUNTY ROAD 5, NORTH OF COUNTY ROAD
42E; 64.27 ACRES; 20 LOTS; E1-ESTATE ZONING (11-28-94)
This is a request for Preliminary Plat to divide 64 acres into
20 lots ranging in size from 2.3 acres to 3.8 acres for single
family residential use; Tract A (7.8 acres) has an existing dwelling.
Mr. Kadera provided the site description, noting the existence
of the adjacent developments of Homestead Estates and Kitchell
Subdivision; he reviewed the major concerns and issues noting
that this proposal has been difficult to design because there
are various easements and irrigation facilities crossing the property,
and WYCO has a high pressure gas line in a 50-foot easement which
runs from north to south across the property. Mr. Kadera stated
that the applicant has gone to great lengths trying to design
a development which will satisfy the concerns of all the reviewing
agencies; the lots were designed to avoid conflicts with the WYCO
pipeline, the AT&T transmission line and the irrigation ditches.
Staff Findings include: 1) This site was rezoned E-1 Estate
in 1976; 2) The proposed development is consistent with the current
zoning and with existing development in the area; 3) Access and
utility service is available to accommodate the proposed development;
4) Approval of the proposed Preliminary Plat for Timnath Meadows
Estates, 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/Planning Commission Recommendation is for approval of
the Preliminary Plat for Timnath Meadows Estates, with the following
conditions: 1) The Final Plat shall be completed in strict compliance
with the conditionally approved Preliminary Plat; 2) Construction
plans shall be subject to the review and approval of the County
Engineer, East Larimer County Water District, WYCO Pipeline, Poudre
Fire Authority and AT&T. Any license agreements needed to
cross the WYCO and AT&T facilities shall be properly executed
before any construction commences; 3) The applicant shall make
every effort to direct all construction traffic away from the
Town of Timnath. Construction plans shall include a provision
that all construction traffic shall use County Road 44 and County
Road 5, north of the site, to access the project; 4) Drainage
plans shall be submitted to the Lake Canal Company for their review
and comment; 5) The existing single family dwelling (double wide
mobile home) shall be removed from the site prior to the commencement
of construction of roads or utilities; 6) The following notes
shall appear on the Final Plat: A) Larimer County Park Fees shall
be collected when building permits are issued for single family
dwellings on this site; B) Engineered foundations shall be required
for all construction on this site; C) Passive radon mitigation
systems shall be required in all residential structures on this
site. The results of a radon test shall be submitted to the Planning
Division before a Certificate of Occupancy is issued for each
dwelling; D) No direct access shall be allowed onto County Road
44 or County Road 5. All access to these lots shall be from the
interior subdivision streets; E) There are existing agricultural
uses in this area which may create noise, odors and dust, which
may not be compatible with residential uses. Larimer County will
not take any action to interrupt any legal, agricultural use;
F) No habitable area of any structure shall be permitted below
grade unless an Engineer certifies that construction is feasible;
G) All dwellings on this site will connect to public sewer when
it becomes available.
Mr. Blehm commented that the Fort Collins City Limits are very
close to this site, within a few hundred feet; however, public
sewer is over a mile away. Mr. Blehm stated that to comply with
the county policy of public sewer being first choice, the applicant
has agreed to put public sewer in when it is economically feasible;
consequently, the applicant's proposal for on-site sewage disposal
systems is a temporary one. Mr. Blehm noted he has no problem
with this proposal, as long as all the technical standards are
met; however, he did caution that the WYCO pipeline needs extra
protection. Commissioner Disney stated he is concerned about
the cumulative effect of 20 septic systems in ground that has
such a high water table. Chair Duvall asked how much extra work
this development will cause for the Health Department; Mr. Blehm
responded that it will require only the normal amount of work
required for septic tanks for any subdivision. Chair Duvall
also asked if there will be an on-going maintenance program for
the septic systems, such as thru a homeowner's association; Mr.
Blehm answered "Yes". Mr. Burns addressed the road
concerns and noted that the developer has been asked to reconstruct
and pave East Prospect Street up to the entrance of the project
and to rehabilitate County Road 5 the length of the frontage of
Ann Wills and Steve Engel, applicants, addressed the Board and
stated they conceived this project of lower density and to be
consistent with the rural nature of Timnath; it will provide equestrian
use and covenants will allow for 4-H projects. Ms. Wills stated
that they are in the ELCO Water District, which has approved the
design of the water lines for the project; and she noted there
will be four fire hydrants in the subdivision, and the water line
extension will also improve fire flows for Homestead Estates.
Ms. Wills further added there will be two irrigation wells on
the property, and there will be an architectural control committee
to insure a consistent and quality subdivision. Mr. Engel reviewed
the extensive discussions they have had with WYCO concerning the
pipeline and feels they have far exceeded their guidelines for
development. Dave Neenan, contractor, stated he has had prior
experience in constructing around WYCO lines, and noted that WYCO
has very strict standards and they have had no problems complying.
Linelle Lebsack, adjacent property owner, expressed concern about
an area on the property where the WYCO gas line is exposed and
requested input from the developer about this. Mohamed Worayeth,
engineer, answered this concern and said the exposed area is across
the ditch that carries the drainage water. Ms. Wills spoke to
this concern and noted they have addressed the WYCO pipeline guidelines
as well as any subdivision can. She also added that, in her opinion,
residential use of this property will protect the line better
than agricultural uses.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings
and Staff/Planning Commission Recommendation and approve the Timnath
Motion denied 1 - 1; Chair Duvall dissenting because this proposal
represents leapfrog development, which she cannot support, and
also public sewer is not available. Therefore, Commissioner
Disney withdrew this motion and made the following motion:
M O T I O N
Commissioner Disney moved that the Board table the Timnath Meadows
Estates (#94-SU0508) until January 3, 1995 to allow time for Commissioner
Hotchkiss to review the staff report and the minutes and testimony
of today's proceedings.
Motion carried 2 - 0.
The meeting recessed at 10:10 a.m.
MEETING REGARDING THE OFFICE ON AGING AREA 4-YEAR PLAN
The Board of County Commissioners reconvened at 11:00 a.m. in
regular session with Shelley McGraw, Office on Aging Director.
Chair Duvall presided and Commissioner Disney was present; Commissioner
Hotchkiss was absent. Also present were: Diane Martell, Interim
Director Human Development, Michelle Johnston and Jeff Bridges,
OOA Advisory Council; and Frank Lancaster, County Manager. Recording
Clerk, S. Graves.
Ms. McGraw presented the 1995-99 Four-Year Plan and the 1995 Allocations
for the Office on Aging and requested Board approval and the Chair's
signature. Ms. McGraw summarized the Four-Year Plan for the
Board and reviewed the Executive Summary and the Mission Statement.
After reviewing the Mission Statement, Commissioner Disney suggested
that a statement should be included in the Statement to offer
assistance to the families who care for the elderly; Ms. McGraw
responded that assistance to families is included in the overall
Human Development Mission Statement.
Ms. McGraw described how the Four-Year Plan was developed and
noted that according to the 1990 census, there are approximately
23,749 people over the age of 60 in Larimer County, which constitutes
12.7% of the total population; she stated that by 2015, this percentage
is expected to increase to 19.1%.. Ms. Johnston noted that the
Four-Year Plan was presented to the Office on Aging Advisory Council
and was unanimously approved; she also described the involvement
of the Council and staff in reviewing the grant proposals and
in determining the allocation table for 1995.
Ms. McGraw described several new programs included in the Four-Year
Plan; i.e., Dental Program through the Women's Center, Fall Prevention
Program through the Health Department; Healthwise Program - To
develop education programs at the meal sites; Berthoud Adult Day
Care and Transportation Program, and a Senior Job Match Program.
She also stated that they have plans to hire a Program Developer
who will be available to provide technical assistance to the four
rural senior centers to help them develop new resources and programs.
Ms. Martell noted that this position is included in their staffing
document but has not been filled for several years.
M O T I O N
Commissioner Disney moved that the Board adopt the Title III -
Older Americans Act Four-Year Area Plan, Fiscal Years 1995-1998,
and the 1995 Allocations for the Office on Aging, and authorize
the Chair to sign the Four-Year Area Plan.
Motion carried 2 - 0.
The meeting adjourned at 11:50 a.m.
JANET S. DUVALL, CHAIR
BOARD OF COUNTY COMMISSIONERS
(S E A L )
Sherry E. Graves, Deputy County Clerk
November 28, 1994