PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, OCTOBER 7, 1996
LAND-USE PLANNING MEETING
The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Rob Helmick, Senior Planner; Richael Michels, Planner II; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.
Chair Clarke stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.
1. WILDFLOWER RIDGE PLANNED UNIT DEVELOPMENT RELEASE
OF COLLATERAL (#93-MS0332): 33-07-69 - 1/2 MILE WEST OF
COUNTY ROAD 19 (TAFT HILL) ON THE SOUTH SIDE OF COUNTY
This is a request for release of collateral for Wildflower Ridge Planned Unit Development. The staff recommendation is for approval of the request to release the collateral for Wildflower Ridge PUD, with the condition that warranty collateral be provided and a final approval letter is received from Public Works.
2. MORNING STAR CHURCH MINOR RESIDENTIAL DEVELOPMENT
(#96-EX0889): NE 33-10-73 - SOUTH OF RED FEATHER LAKES, ON
THE NORTH SIDE OF COUNTY ROAD 74E, 1/2 MILE EAST OF
COUNTY ROAD 67J; 2.86 ACRES; O-OPEN ZONING
This is a request for a minor residential development to create a 2.87 acre lot for the construction of a church; the 2.87 acres is to be divided from a 104-acre parcel. A MRD appeal was granted by the Board of County Commissioners, with the condition that the application be reviewed by the Planning Commissioners; a lot size variance was also granted by the Board of Adjustments. Staff findings include: 1) The proposed MRD is in compliance with the Larimer County Land Use Plan, and the Larimer County Zoning Resolution; 2) The proposal is compatible with other development in the immediate and extended area; 3) Approval of the MRD will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4) Property values in the area would not be adversely affected by the MRD; 5) There is a demonstrated need for the facility in the Red Feather Lakes community.
The staff recommendation is for approval of the project, subject to the following conditions: 1) The landscape plan, including fire control measures, must be implemented as submitted; 2) A half right-of-way of 50 feet, measured from the road centerline, must be dedicated to the public along County Road 74E frontage; 3) The plat will need to be revised to reflect the entire 100+ acre parcel which is being divided; 4) Approval for a wildfire mitigation plan will be obtained prior to the issuance of a Certificate of Occupancy; 5) Applicant will work with the County Engineering Department regarding the paved apron.
3. WALSH MINOR RESIDENTIAL DEVELOPMENT (#96-EX0924):
SE 1/4 23-09-68 - ON THE NORTH SIDE OF COUNTY ROAD 66,
ONE MILE EAST OF INTERSTATE 25; 68.63 ACRES; 2 LOTS;
This is a request to divide 68.6 acres into two lots of 10 acres and 58.6 acres for existing single family residential uses. Staff findings are: 1) This proposed Minor Residential Development is compatible with the surrounding land uses and future development plans for the area in which it is located; 2) The Larimer County Health and Engineering Departments, as well as other reviewing agencies, have reviewed this proposal and have stated no objections to it; 3) The existing houses on the property were placed legally on the property and this MRD will divide the two existing uses into separate parcels; 4) The approval of this subdivision, with certain conditions, will not adversely affect the health, safety, or welfare of existing residents.
The staff recommendation is for approval of the Walsh Minor Residential Development, with the following conditions: 1) Prepare a Final Plat which shows the following: a) The floodplain area labeled "No building may occur in the floodplain"; b) Any access easements required by North Poudre, as well as any notes they may require; c) The following plat notes: a) When the mobile home is removed and replaced with a residential structure, a residential sprinkler system must be installed in the new home; 2) The results of a radon test must be submitted to the Planning Department prior to the issuance of a Certificate of Occupancy; 3) Engineered footings and foundations are required for new residential construction; 4) Uses on this property are limited to single-family residential.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Wildflower Ridge Planned Unit Development Release of Collateral (#93-MS0332); Morning Star Church Minor Residential Development (#96-EX0889); and the Walsh Minor Residential Development (#96-EX0924); each, with the conditions as outlined.
Motion carried 3 - 0.
4. IHNEN MINOR RESIDENTIAL DEVELOPMENT APPEAL (#96-EX0943):
NE 1/4 01-04-69 - SOUTHWEST CORNER OF COUNTY ROAD 1 AND
STATE HIGHWAY 60 (COUNTY ROAD 14); 31 ACRES; 2 LOTS;
This is a request to appeal the MRD application criteria to allow an MRD application to be processed on property that has been divided since 1972. Ms. Michels reviewed the location of the subject property, described the appeal request, and reviewed the major concerns and issues; she noted that this application is the type of proposal that the 1993 revisions to the MRD criteria were developed to discourage. Staff findings are: 1) The Minor Residential Development Regulations were amended in 1993 by the Board of County Commissioners to allow applications for MRD's to be processed only for properties not divided since 1972; 2) The property was divided by exemption, both in 1981 and 1988, creating a total of four lots by the exemption process; 3) Approval of this appeal would set a precedent for other previously divided properties to request further divisions by the exemption process; 4) Continuing approval of piecemeal divisions results in uncoordinated development and provision of services; 5) If this appeal is denied, the applicant would still be able to propose a subdivision. The staff recommendation is for denial of the Ihnen Minor Residential Development Appeal.
Richard Johnson, speaking on behalf of the applicant Verna Ihnen, described the plight she is in; she is a single woman 62 years of age living in a small farm home built in 1926 which has no modern amenities. Mr. Johnson continued that Ms. Ihnen receives no Social Security, no income from the government, and her total income for the year is $1,500; he noted that Social Services has told her they will condemn her home and tear it down unless it is improved. Mr. Johnson explained that when Ms. Ihnen's parent's died, 36 acres were willed to Verna's sister, Joan Lutz, and 31 acres to Verna; he continued that Ms. Lutz is the one that applied for an MRD on her 36 acres, and it was granted, but Verna never, until this time, requested splitting her 31 acres, but now she desperately needs funds to improve her property. Mr. Johnson submitted an aerial photo of the surrounding properties showing many small acreage tracts, showing that this 3-acre division is compatible with the area; he noted that Ms. Ihnen has no funds to go through the full subdivision review and he asked the Board to have some compassion and approve this appeal. Discussion and questions from the Board followed concerning further clarification of the previous divisions of the property, the possibility of obtaining a reverse mortgage, etc. Commissioner Disney stated that under the premise that this property has only been divided once before, and there is a element of good to the public to grant this appeal because Ms. Ihnen wants to remain independent and stay off public assistance, and it is compatible with the existing land uses in the area, he supports approval of the appeal. Commissioner Duvall stated that she favors keeping the 28 acres in agriculture production, but she is concerned about the future when additional money is needed and Ms. Ihnen requests another division; she would like some kind of guarantee that there would be no future requests for division of this property. Mr. Johnson responded that Verna doesn't even want to split this 3 acres off and she has no future plans to do anything else with the remaining ground. Commissioner Disney asked Ms. Haag if a condition can be added to the approval that any further division of this property has to be done through the full subdivision review process; Ms. Haag responded in the affirmative.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Ihnen Minor Residential Development Appeal (#96-EX0943), with the conditions as outlined; and instruct staff that as this application proceeds through the MRD process to note the stipulation that any further division of this property must go through the full subdivision review process.
Motion carried 3 - 0.
5. OTHER ITEM FOR DISCUSSION:
Mr. Lancaster informed the Board that notice has been received that the establishment grant applied for to the Division of Vocational Rehabilitation Services for a consumer oriented clubhouse for vocational and pre-vocational opportunities for persons with severe and persistent mental illnesses has been denied; therefore, the request for Board approval of the clubhouse contract, as discussed during Administrative Matters on October 2, 1996, has been withdrawn.
The hearing recessed at 3:40 p.m. to be continued at 7:00 p.m.
LAND-USE PLANNING MEETING CONTINUED
(#99 @ 1500 & #100)
The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Rob Helmick, Planner II; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; Scott Cornell, Environmental Site and Access Specialist; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.
1. TERRY COVE PLANNED UNIT DEVELOPMENT (TERRY SHORES
NORTH PUD) - #95-MS0688: NE 1/4 26-08-69 - NORTHEAST SHORE
OF TERRY LAKE, ON THE SOUTH SIDE OF COUNTY ROAD 54,
1/4 MILE WEST OF HIGHWAY 1; 14.99 ACRES; 43 LOTS;
This is a request for a PUD Master Plan/Preliminary Phase Plan for 18 single family residential lots and 25 townhouses; application includes development proposed as Terry Cove PUD #95-MS0705. Mr. Helmick stated that this application was tabled by the Board of County Commissioners on September 16, 1996 to allow time for the staff and the applicant to clarify the conditions of approval and to draft additional conditions of approval to respond to the discussion and direction of the Board; he noted that the staff report submitted today includes the staff's current recommendation and conditions of approval and the applicant has just submitted a new revised list of alternate conditions of approval, based on further negotiations with the neighborhood. Mr. Helmick reviewed new information and several staff comments on both the original conditions proposed by staff and the revisions by the applicant; he noted for the record that two additional letters have been received from David Budge, regarding further concerns about geotechnical analysis and review, and from attorney David Mitchell, regarding concerns of two clients he represents concerning the closure of Shore Road. Discussion and questions from the Board followed; Commissioner Disney asked if the new conditions include provisions for long-term monitoring of the wetlands. Mr. Helmick responded in the negative; Commissioner Duvall asked "Why?" Mr. Helmick stated that in the original conditions there is no requirement for monitoring but there is a management plan for the wetlands; he suggested that additional language could be included in condition #21 to include a long-term wetland management plan. Chair Clarke asked if the county has approved other projects where they have required a long-term monitoring of wetlands; Mr. Helmick responded in the negative. Chair Clarke also asked where in our rules and regulations does it say that we are going to require long-term wetland management plan. Mr. Helmick responded that in the IGA policy, section 1.4 of the environmental policies on page 15 (F) and (G), preservation and maintenance of the wetland is discussed; Mr. Helmick suggested a further revision to condition #19 to address this concern.
Lucia Liley, attorney representing Terry Cove Development, noted that the document just submitted by the applicant listing the revised alternate conditions includes six changes, two very minor and four with substance; she noted that the applicant concurs with the revised conditions submitted by Staff, but these additional changes are a result of more recent comments and suggestions from the neighborhood and, after reviewing the changes, it is their opinion that it is a better list of conditions. Ms. Liley noted that all the revisions have been reviewed by County Engineering, County Planning, neighborhood groups, and the developer; she reviewed the revised alternate conditions in detail and much discussion ensued. Ms. Liley noted that at the last hearing, they were directed to work with staff to explore the possibility of a GID, among other options; however, after discussing this with Mr. Burns, they concurred that setting up a whole new governmental entity for 34 lots, and having elections to create a GID, seemed extremely burdensome. Ms. Liley stated that the same thing can be accomplished with a homeowner's association which has to stay in existence and has to levy both general and special assessments, and if they fail to do so, the County has all the assessment and lien rights against the individual lots. Ms. Liley stated that Ms. Haag agreed this is exactly the same situation the County would have with a GID if there was a failure to pay. Ms. Liley asked if they need to address David Mitchell's letter at this time; Ms. Haag responded that this Board is not in a position to address the issue, as it is a civil matter which would need to be resolved by a Judge.
Colton Babcock, attorney retained by a number of homeowners in Terry Shores and Terry Point, stated that the alternate conditions of approval are the ones they have negotiated and worked on with the applicant and they concur with them; however, he noted they are also concerned about enforcement of the conditions. David Budge discussed condition #14 and the requirement for a geotechnical engineer and he stated that he thinks the State should be involved in everything that goes on in Larimer County with regard to geotechnical issues. Sheila Craycraft referred to the applicant's alternate condition #22 regarding relocation and acknowledged that it is helpful to the residents of the mobile home park; however, she wanted to inform the Board that at the last hearing it was stated that grant money had been received to help with the relocation of trailer parks, but, she noted that the grant was received by the Home Program, which is to help people buy homes, which will not help very many people in the park. Therefore, Ms. Craycraft continued, the only assistance they will have is from the developer and there is no other aid or grant money available for them, and she does believe that the residents will need more financial assistance with relocation. Commissioner Duvall asked about the double wides getting double money; Ms. Craycraft responded that the answer to that question was "No"; it was noted that there are two double wides in the mobile home park. Commissioner Duvall also expressed concern about the people that have put in modifications to their mobile homes for handicap accessibility; Mr. Craycraft noted that they probably won't be able to duplicate those modifications. Chair Clarke asked staff about the possibility of applying for CDBG money; Ms. Craycraft was assured that the County will look into this for her. Steve Mack, member of the neighborhood steering committee working on the revision of these conditions, stated that they solicited a substantial amount of funds from adjacent neighbors and, as they have not spent all of those funds, when they are disbursed back, there will be a recommendation that individuals donate those funds to Neighbor-to-Neighbor to help their neighbors in the mobile home park with relocation. Mr. Mack informed the Board that they have had a lot of cooperation with the developer, which they appreciate, and he thinks they have reached a reasonable middle ground; however, he noted that the process has been phenomenally draining on everyone, starting with the UGARB process, and he appealed to the Board to look at the way UGARB interacts with neighbors and he encouraged the Board to put in some guidelines for UGARB regarding structure and process. Commissioner Duvall stated that the new Partnership Land Use Plan will address many of these concerns.
Ms. Liley expressed appreciation to Ms. Craycraft for her comments and perspective regarding the mobile home relocation throughout this whole process; however, she noted that the comparison of the Harmony Mobile Home Park, which is a multi-million dollar regional community shopping center, to this very small development of 33 single family lots, is not a fair comparison and she stated that there is a limit to what an individual developer can do. Ms. Liley stated that at this point, they are offering a lot more than the developers of the multi-million dollar project. With regard to the geotechnical issue, Ms. Liley noted that they have a different view of the process; however, she noted that from the beginning, the developer and engineer have recommended individual engineered footings and foundations for each lot. In summary, Ms. Liley stated that the developer has dealt with each and every concern that has been raised. Commissioner Duvall noted that during the last hearing, Mr. Burns suggested a development agreement be drafted to help insure that conditions are carried out and she recommended that a condition #23 be added requiring a development agreement between the county and the developer. Ms. Haag stated that if such a condition is added, the agreement needs to state exactly what is required; Mr. Burns stated that a development agreement could be drafted that would be a more definitive document which would contain more procedural detail about the process of release and inspection addressing the subdivision improvements.
After all the lengthy discussion and additional revisions suggested for the conditions, the staff recommendation for approval of the PUD Master Plan for the Terry Cove PUD, and approval of the off-site street waiver, has been amended as follows: 1) Additional right-of-way along Douglas Road shall be dedicated on the Final Plat; 2) Internal streets shall meet the requirements of UGA standards and the Poudre Fire Authority; this includes the emergency connection between Shore Road and this development. The Terry Shores HOA shall be consulted regarding the actual construction plans to assure the access effectively limits through traffic; 3) Payment of schools fees at building permit; this reflects the change in the school fees; 4) Payment of park fees at building permit; 5) Payment of drainage fees at building permit; 6) Proof of commitments for final water and sewer service to be provided prior to Final Plat; 7) Final landscape plan to be reviewed prior to Final Plat; 8) Submission of an annexation agreement for recording at the time of Final Plat; 9) Participation in the construction of Douglas Road/Highway 1 intersection improvements, in lieu of adjacent and off-site street capacity improvements, by payment of waiver fees equal to the greater of $700 per lot or the development's proportionate share of the costs as determined by Larimer County Engineering; 10) The final site plan shall contain the following revisions as presented to the Board of County Commissioners on September 16, 1996: A) The layout of Lots 6 through 10 shall be modified to preserve key view corridors; B) Outlot C shall be designated as permanent open space; C) The layout of that area previously designated for 25 townhomes shall be modified to provide for a maximum of 16 single-family patio homes with a minimum separation of 7 feet between structures, and a maximum total ground level coverage of 32,000 square feet; 11) Building height restrictions will be placed on final site plan as follows: Lots 1 through 5 - 36 feet; Lots 6 through 11 - 28 feet; Lots 12 through 14 - 24 feet; Lots 15 through 18 - 32 feet; Patio homes - 32 feet. For purposes of this condition, "building height" is defined as the vertical distance from a benchmark elevation to the highest point of the roof surface. The applicant shall determine the existing natural grade elevation at the midpoint of each lot's building envelope to be the benchmark from which the building height shall be measured. The elevation of the highest point of the roof surface of each building shall not exceed the sum of the benchmark elevation and the maximum building height applicable to the lot as listed above. The benchmark elevations and the maximum elevation of each structure shall be included on the final site plan together with a note that no variances to these building height restrictions shall be permitted. 12) The developer has obtained approval from the Terry Lake Recreation Association for encroachment of its recreation areas onto lake shore areas leased from the Larimer and Weld Reservoir Company by the Recreation Association. The developer shall provide proof of its written agreement with the Larimer and Weld Reservoir Company for use of the recreation areas, and subdrains, if any, located on lake property adjacent to Terry Cove PUD. The following shall be conditions of such encroachment approval: A) The Terry Lake Recreation Association shall be permitted to erect normal signage, including "Private Lake - No Trespassing" and "Swim at your own risk" signs at the entrance to the areas of the development that are designated for recreational use; B) Any structure, dock or float proposed for construction or installation on the lake property leased by the Terry Lake Recreation Association shall be approved by the Terry Lake Recreation Association and the Larimer and Weld Reservoir Company prior to construction, which approval shall not be unreasonably withheld. 13) Plans and construction documents for the development of the on-site recreation areas and the recreation areas on the lake property shall be submitted as a part of the final plat application, together with evidence that the plans for the lake property recreation areas have been approved by Terry Lake Recreation Association and the Larimer and Weld Reservoir Company. 14) The applicant's geotechnical engineer shall test the existing test holes in the Terry Cove PUD in the late spring of 1997 at a time when the groundwater level is expected to be at its highest level, and shall report its findings and revised recommendations, if any, to the County as a supplement to its Geotechnical Engineering Report for Terry Cove PUD dated August 26, 1996. All structures shall require engineered footings and foundations consistent with the recommendations of Terracon Consultants Western, Inc. in its Geotechnical Engineering Report for Terry Cove PUD dated August 26, 1996, and any supplement thereto. Prior to actual construction, the geotechnical engineer shall inspect the foundation excavation and evaluate the site-specific soil and groundwater conditions of each lot. Should the results of any individual lot evaluation materially vary from the findings of Terracon Consultants Western, Inc. in its Geotechnical Engineering Report dated August 26, 1996, and any supplement thereto, the geotechnical engineer shall recommend further design modifications to the footing and foundation plans, which shall be submitted to the Colorado Geological Survey. Such modifications, as approved by the Colorado Geological Survey, shall be submitted as part of the building permit application. All footings and foundations shall be inspected and certified by the design engineer as installed and constructed in strict conformance with the approved plans submitted as a part of the building permit. Any modifications or changes shall be approved by the original design engineer. The confirmation of this shall be in writing to the County Building Department. 15) All lot owners shall maintain active memberships in the Terry Lake Recreation Association. This development's homeowners association shall be responsible for collection and enforcement of Terry Lake Recreation Association dues owed by its lot owners. All lot owners, as members of the Terry Lake Recreation Association, shall be subject to the Recreation Association's Articles of Incorporation, Bylaws, as amended, rules and regulations of the Terry Lake Recreation Association, and all applicable provisions of the Recreation Association's lease of the surface rights from the Larimer and Weld Reservoir Company. There shall be an Architectural Review Committee to review and enforce architectural standards equal to or greater than those of Terry Shores. Written notice shall be given to the Terry Shores Homeowners' Association, the Terry Point Property Owners Association, and the owners of real property located within 500 feet of any lot within Terry Cove PUD seeking a variance of Larimer County subdivision or PUD regulations; the notice shall be the responsibility of the applicant and shall be done in the time frame and manner required by the Larimer County regulations. The architectural plans for each lot within the project shall be submitted to the Terry Shores Homeowners' Association and the Terry Point Property Owners Association at least 15 days prior to decision by the Architectural Review Committee; any comments of such associations shall be reviewed and considered by the Architectural Review Committee. In the event that site work is begun, but not substantially completed, on any lot within the project, the lot owner shall be required to restore the site in a way which does not visually detract from the quality of the project. There shall be no visible storage of boats, trailers, or other recreational vehicles. This development's homeowners association shall be responsible for the maintenance of all perimeter fencing. This development's homeowners association shall have the obligation to maintain, repair and replace both the streets located in the project and the drainage system servicing the project. The homeowners association shall have the power to levy general and special assessments against individual lots within the PUD to pay the cost of such maintenance, repair and replacement and to place a lien against such lots for failure to pay the required assessments. The covenants shall specifically grant to the County the right to have the maintenance work done and, all reasonable county costs associated therewith, including administrative and legal costs therefore assessed against the individual lots along with the grant to the County of lien rights, the cost therefore assessed against the individual lots in the event that the homeowners association fails to maintain the required improvements. Lot owners shall be encouraged to utilize only minimal amounts of lawn and garden fertilizers and pesticides. The building height restrictions in Condition #10 above and the revised layout of Lots 6 - 10 and Outlot C in Condition #11 above, which were intended to benefit property owners in Terry Shores by the preservation of views from Terry Shores, shall also become requirements of the covenants. The covenants will provide that these provisions may be enforced privately by the Terry Shores Homeowners Association in the event that the Terry Cove homeowners association fails or refuses to enforce the same. 16) Prior to submission to Larimer County of the final PUD documents for the project, applicant agrees to submit a preliminary draft of the covenants to a designated neighborhood representative and to work with such representative on covenant provisions which will promote a high standard of architectural and building quality. 17) With regard to the area between Lot 100 of Terry Shores and Lot 11 of the project, the applicant, working with the Terry Shores Homeowners Association its designated representative, will provide for one of the following: (I) a 6-foot wooden fence; (ii) adequate berming and/or landscaping, or (iii) maintaining the current natural state. 18) All future lot owners shall be provided with a Disclosure Notice regarding mandatory membership in the Terry Lake Recreation Association and a "Welcome to Terry Lake" flyer explaining the conditions of membership. 19) The Corps of Engineers has approved the wetlands delineation and verified the nationwide permit authorizations. The applicant shall prepare a long-term management plan with implementation actions as described in the letter from E. Scott Cornell, Larimer County Environmental Site and Access Specialist, dated June 19, 1996 and the recommendations of Western Ecological Resource, Inc., dated September 25, 1996. 20) The final drainage plan shall be approved by the Larimer County Engineering Department prior to Final Plat. The plan shall include provisions both for subsurface perimeter drains around the development and subsurface individual residential drains. 21) The surface water control plan and the groundwater dewatering plan, as they relate to the wetlands, are described in the letter with attachments from Western Ecological Resources, Inc. dated September 25, 1996 which is incorporated into these conditions. The final drainage plans covering both surface water and groundwater shall be reviewed and approved by the Environmental Site and Access Specialist for the County prior to approval of the Final Plat to assure that such plans are substantially in accordance with the preliminary plans described in the September 25, 1996 letter. In the opinion of the Environmental Site and Access Specialist, such plans will not result in a negative impact on the wetlands. 22) The owner of the Terry Cove Trailer Park shall take the following measure to mitigate the impacts of the park's closure: A) Tenants shall be given a minimum of one year to vacate the park after preliminary PUD approval; eviction notices will be issued to trigger the one-year period, as requested by City and County staff, so that tenants may apply for available grant monies, if any; B) There will no rent increases for tenants of the park for a period of one year after preliminary PUD approval, except for those new tenants, if any, who were notified in writing of the impending park closure prior to occupancy. (The requirement that tenants enter into a one-year lease to insure no increase in rent has been deleted); C) The owner/occupied mobile homes that are in the park as of the date of preliminary approval of Terry Cove PUD, except those who have given a specific written waiver, will receive relocation assistance in the amount of $750. at the time of the removal of their mobile home, subject to the following conditions: (I) The mobile home and all attachments must be completely removed from the park; (ii) The lot must be cleared of all debris, personal property, and pets; (iii) All rent and utility payments must be current, or brought current within 15 days after removal of the mobile home; (iv) A tenant that is evicted from the park for any reason other than the park's closure under paragraph A above, is not eligible for relocation assistance. 23) A development agreement between Larimer County and the developer must be reached concerning inspection of the hard improvements to be installed and include conditions for release of those hard improvements.
M O T I O N
Commissioner Disney moved that the Board adopt the staff recommendation and approve the Terry Cove Planned Unit Development (Terry Shores North PUD) - #95-MS0688, with the revised alternate conditions as submitted to the Board tonight (October 7, 1996) by the applicant, and as amended further.
Commissioner Duvall stated that she cannot support the motion because it is the responsibility of the Board to protect the health, safety and welfare of the citizens of Larimer County and it is not good practice to locate developments in a area that has expansive soils, high water table, drainage problems, and that can only be developed with specific and rigorous engineering; she continued that it appears to her that this is a problematic area and the County is imposing certain conditions for development, yet we have no realistic way to enforce those conditions. Commissioner Duvall stated that in this situation the developer is placing the responsibility for maintaining the roads and drainage system and for caring for the wetlands on the homeowner's association and then when problems arise, it is the taxpayers and the homeowners who are left to deal with them and, in her opinion, this is not right.
Chair Clarke stated that, in his opinion, the Board has seen adequate testimony tonight that the wetlands will be preserved and enhanced by the process of engineering that will occur; with regard to the homeowners association, the County has been given clout ability to enforce those conditions beyond the normal conditions. Chair Clarke continued that in terms of the geotechnical issues relating to the soils, there are very few places in all of Larimer County where you can build that you don't encounter these kinds of problems; he noted that there is risk, but there is risk in everything we do in life. Chair Clarke stated that with regard to the trailer park, the developer has exceeding what has been offered in the past; in terms of the conditions and alternate proposals, they make sense to him and given all the circumstances, he thinks this is a proposal that has followed all the rules and regulations, has done all the things that the County has required, and deserves to be approved.
Motion carried 2 - 1; Commissioner Duvall dissenting for the reasons stated above.
The hearing adjourned at 9:30 p.m.
WEDNESDAY, OCTOBER 9, 1996
The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Larry Timm, Director of Planning; Rob Helmick, Planner II; Attorney Greg White and Ed Zdenek, Amos Wendell, Bob Graves, and Pete Salg of the 35-Acre Task Force; Ted Yelek, property owner; Myrna Rodenberger; Clerk & Recorder; Ralph Jacobs, Director of Human Resources; Loyd Berry, Agronomist; Carol Block, Finance Director; Joan Duchene, Supervisor Commissioner's Office; and Donna Hart; Community Information Manager. Recording Clerk, S. Graves.
1. OPEN SESSION FOR PUBLIC COMMENT: Maura Green came to discuss her concerns regarding Grayhawk Knolls PUD, which is scheduled for hearing before the Board on October 21, 1996; however, the Board informed Ms. Green that they are not allowed to listen to her side of the issue unless representatives from the other side are also present for discussion. Ms. Green expressed disappointment that the hearing is scheduled at 3 p.m. as so many interested parties will not be able to attend; the Board requested Mr. Lancaster to contact the Planning Department to determine if the hearing could be rescheduled for evening.
2. DISCUSSION OF SEDONA HILLS: Mr. Zdenek reviewed the three 35-acre test cases in process and discussed the possibility of adding another interesting and unique test case; he noted that the new case would be the second phase of Sedona Hills, which is a 35-acre development of 1600 acres west of Loveland and east of Carter Lake and includes 3 1/2 miles of ridgeline, wildlife habitat, wetlands, meadow, agriculture land, etc. Mr. Zdenek stated that the project currently has 46 35-acre lots approved, and approximately half of them have been sold on the northern end; he noted that the southern end of the property is different and has the ability to allow building on the ridgeline and do things not as friendly to the environment. Mr. Zdenek stated that the property owner Mr. Yelek approached the Task Force and asked if there was something they can do; he continued that they have worked with Mr. Yelek for two months, it is adjacent to projects that have people requesting that we also consider them as participants in the process that would tie all together from the Boulder County line almost to Horsetooth Park along the front range. Mr. Zdenek stated that the Task Force would like to work with Mr. Yelek and he requested the Board allow them to continue negotiations on this additional test case. Mr. Amos stated that he is very excited about this proposal as it is an opportunity to re-assemble the 35 acre lots and provide 1200 acres of open space out of 1600 acres total; he noted they are not asking for approval today because the details haven't been worked out, only asking for permission to move forward. Mr. Yelek stated that if the project happens, they will rewrite the covenants and will allow no hunting of any kind and no traffic; he noted there is almost six miles of ridgeline, which they want to protect. Mr. Yelek informed the Board that they have stopped all advertising for their 35-acre tracts for 60 days, ever since this test case became a possibility; they are on hold until the Board indicates their desire for the 35-Acre Task Force to proceed. Mr. Yelek asked how the taxes will be affected on the 1200 acres given for open space; Commissioner Duvall stated that possibly a tax advantage could be obtained through a conservation easement. Mr. Zdenek stated that there is a real concern that these conservation easements are not going to work for tax benefits; however, another approach is that if they are going to cause certain events to happen, such as a gifting of 70% of the property in open space for perpetuity, they think that may be expensed as a cost of development. Discussion ensued and the Board indicated their support to continue negotiations with Mr. Yelek regarding the consolidation of the remaining unsold properties of Sedona Hills into a single parcel of 1200 acres of open space as a 4th test case of the 35-Acre Task Force.
3. DISCUSSION OF SALARY FOR CHIEF DEPUTY CLERK AND RECORDER: Ms. Rodenberger provided the background for the request to increase her Chief Deputy's annual salary to $56,150 and recommended the Board approve the request. Mr. Lancaster noted that previously there were some questions regarding the statutory authority of the Board to approve the request in relationship to other deputies. However, after obtaining a legal opinion, Mr. Lancaster continued that the statutes clearly state that the actual salary is set by the elected official, but must be approved by the Board of County Commissioners--that approval is not a rubber stamp and the Board is to use their discretion and the salary is to be reasonable. Mr. Lancaster stated that this amount was arrived at by looking at market comparisons and internal equities based on duties, similar to what would be done for any other county position, appointed or non-appointed; therefore, from a discretionary standpoint and from a market standpoint, this is an equitable salary for the position. Chair Clarke asked when this salary increase will become effective; Ms. Rodenberger requested that it be retro-active to the first of September. Monies for this salary increase will be derived from the Clerk & Recorder's budget.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the recommendation from the Clerk and Recorder to increase the salary for the Chief Deputy Clerk and Recorder to $56,150 annually, as requested.
Motion carried 3 - 0.
4. EXTENSION OF WEED SPECIALIST POSITION: Mr. Berry requested the Board approve expanding the existing full-time, seasonal (eight months) Weed Specialist position to a full-time, year round position; he described the duties of the Weed Specialist and noted that as we are growing in population and there are more land owners to work with, they need to make it a full-time position.
M O T I O N
Commissioner Duvall moved that the Board of County Commissioners approve the expansion of the current full-time, seasonal weed specialist position to a full-time year round position; funds to be derived from the Larimer County Pest Control District.
Motion carried 3 - 0.
5. WARRANT AUTHORITY: Mr. Lancaster noted that currently in order to release county warrants it takes approval of a Commissioner and often one is not available and warrants are held up. In order to speed up the process, the Board has been requested to grant the authority to release county warrants on administrative matters, when a Commissioner is not available, to the County Manager and, on other minor releases, allow the County Finance Department to release minor warrants, travel advances, and petty cash; Ms. Block stated that this request for change has been cleared by the County Treasurer.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners grant authority to the County Manager to release county warrants in the absence of an available County Commissioner; and grant authority to release travel advances, petty cash, and postage warrants to the county Finance department.
Motion carried 3 - 0.
6. APPOINTMENT TO THE FAMILY PRESERVATION/PLACEMENT ALTERNATIVE COMMISSION: Ms. Duchene stated that Sharon Thomas, Membership Chair of the Core Services Board, is recommending the Board appoint Cyndi Dodds to the Family Preservation/Placement Alternative Commission to fill the unexpired term of Linda Black, as the Mental Health representative, term to expire June 30, 1997.
M O T I O N
Commissioner Duvall moved that the Board of County Commissioners approve the appointment of Cyndi Dodds to fill the unexpired term of Linda Black, as the Mental Health Representative to the Family Preservation/Placement Alternative Commission, term to expire June 30, 1997.
Motion carried 3 - 0.
7. APPROVAL OF UNDERSHERIFF'S SALARY: Mr. Lancaster noted that a request has been received from Barbara Case King, Sheriff's Department Administrator, for the Board to approve a salary of $5,184 per month, plus benefits, for Undersheriff John Kammerzell. It was noted that this salary is based on market data developed by the Sheriff's department and confirmed by the Human Resources department. Funds for this salary increase will be derived from the Sheriff's budget.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the Sheriff's recommended salary for Undersheriff John Kammerzell at $5,184 per month, plus benefits.
Motion carried 3 - 0.
8. LARIMER COUNTY WILDFIRE SAFETY TASK FORCE: Mr. Lancaster submitted a proposed membership list of persons to serve on the Larimer County Wildfire Safety Task Force, as suggested by Wildfire Mitigation Coordinator Dave Farmer, and requested the Board's review and approval. Commissioner Duvall stated that she doesn't feel all the interests are represented on this Task Force and she would like to know exactly what they are going to do and their timeline for doing it; she thinks membership should be opened for applicants interested in being on this Task Force. Commissioner Disney suggested tabling approval of this Task Force until the Board has met with Mr. Farmer.
M O T I O N
Commissioner Duvall moved that the Board of County Commissioners table their decision regarding the appointment of members to the Wildfire Safety Task Force until they have had an opportunity to discuss further the purpose, timeline and membership of the Task Force with Mr. Farmer.
Motion carried 3 - 0.
9. RESOLUTION AUTHORIZING TRANSFER OF TAX CERTIFICATES HELD BY LARIMER COUNTY: Mr. Lancaster requested Board approval of a resolution authorizing the transfer of Tax Certificates by Larimer County; he noted that this transfer relates to an old gas station in Red Feather Lakes which has leaking underground storage tanks. Mr. Lancaster stated that one of the options the property owner has is that when the cost of clean up is more than the property is worth, it is easier to not pay the taxes and the County ends up with the property and this is what happened several years ago; he noted that this property needs to be cleaned up and Ed Stoner is willing to take the tax certificates, which will give him ownership to the property, and he will do the cleanup, and put it back on the tax roll. Mr. Lancaster stated that the amount of $270 basically covers the cost for advertising; he noted that the Treasurer and the County Attorney recommend this action.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the Resolution authorizing the transfer of Tax Certificates held by Larimer County, and authorize the Chair to sign same.
Motion carried 3 - 0.
R96-149g RESOLUTION AUTHORIZING TRANSFER OF TAX
CERTIFICATES HELD BY LARIMER COUNTY
-- United Way Fundraiser of October 23, 1996: Mr. Lancaster noted that this year each office is responsible for a fundraiser for United Way and the Commissioner's Office is going to have a bagel breakfast on October 23, 1996 from 7:30 a.m. until 8:30 a.m., which will be held in the hearing room.
-- Department Head Meeting: Mr. Lancaster reminded the Board that the department head meeting will be held this Friday and he invited the Board to attend; they all indicated to him that they have prior commitments for this Friday.
-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend.
11. COMMISSIONER'S REPORTS:
-- Chair Clarke reported on the meeting he attended last night in Estes Park with the Estes Park Town Board and Estes Park Planning Commission regarding transferable development rights and the Rural Land Use Center.
12. DOCUMENT REVIEW:
M O T I O N
Commissioner Duvall moved that the Board of County Commissioners approve the Minutes for the week of September 30, 1996, as submitted.
Motion carried 3 - 0.
M O T I O N
Commissioner Duvall moved that the Board of County Commissioners approve the Schedule for the week of October 14, 1996, as submitted and amended.
Motion carried 3 - 0.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve Petitions for Abatement for the following, as recommended by the County Assessor: Elizabeth and Harry Fiechtner; Riverrock Townhomes, Inc.; Phyllis and Raymond Collins; Donita and James Finn; Stasha and Karel Prochazka; Mary and Dale Peterson; Margaret and Joseph Millison; Bray Enterprises (4 Petitions); Joan and Kirk Lomis; Kae and Gary Harris; Alice Sholine and Edwin Laurence; and David Ross (8 Petitions).
Motion carried 3 - 0.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for October 9, 1996:
MISCELLANEOUS DOCUMENT: Appointment of Deputy, with Oath Form for John David Middlebrook. LIQUOR LICENSES: County approval was granted to: American Legion Post Home Association, George Beach Post No. 4 - 6% - LaPorte, CO. Licenses were issued to: Kwik Korner - 3.2% - Berthoud, CO. and Hilltop Outpost - 3.2% - Red Feather, CO.
A96-132 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON
COUNTY ROAD 27 BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND HAROLD D. AND DALE L. WOLAVER
(Project #127 - ROW Agreement)
C96-56 CONTRACT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND MONROE EXCAVATION, INC.
(Road work for Red Feather GID #13A)
D96-35 DEED OF DEDICATION BY THE CITY OF THORNTON
(Dedication of Property for Access Road - Project #191 CR54)
R96-150s FINDINGS AND RESOLUTION APPROVING THE VACATION
OF A PORTION OF FOX COURT IN THE BUCKSKIN
HEIGHTS 1ST FILING
R96-151s FINDINGS AND RESOLUTION APPROVING THE MCCORMICK
MINOR RESIDENTIAL DEVELOPMENT APPEAL
R96-152s FINDINGS AND RESOLUTION DENYING THE CAMPBELL
MINOR LAND DIVISION
Motion carried 3 - 0.
13. LEGAL MATTERS: No Legal Matters this week.
The meeting adjourned at 10:55 a.m.
JOHN CLARKE, CHAIR
BOARD OF COUNTY COMMISSIONERS
( S E A L )
Sherry E. Graves, Deputy County Clerk