Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, September 20, 1999

LAND USE PLANNING MEETING

(#517)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Sean Wheeler, Planner I; Matt Lafferty, Planner II; Sylvester Mabry, Civil Engineer; Peter Remington, Land Agent; Doug Ryan, Environmental Health Planner; and Brian Treu, Assistant County Attorney. Recording Clerk, Gael Cookman.

Chair Olson stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. A member of the audience requested to have the Foothills Estates II Development item pulled from the consent agenda.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following items as listed on the Consent Agenda for September 20, 1999:

1. SOLAR RIDGE THIRD FILING (#98-SU1179): 04-07-69; WEST OF TAFT HILL ROAD (CR19), NORTH OF VINE DRIVE; E-1 ESTATE ZONING

This is a request for Release of Collateral and approval of warranty collateral. Staff Findings: 1. Solar Ridge Third Filing was approved on July 22, 1997. 2. The applicant executed a Subdivision Improvements Agreement and provided an escrow account as collateral. 3. The applicant has completed all the improvements listed in Subdivision Improvements Agreement. 4. The improvements have been inspected and approved by the County Engineer and the water and sewer provided for this project. 5. The applicant has provided a Warranty Collateral Agreement and has provided warranty collateral that will remain in an escrow account at Norwest Bank until released. Staff Recommendation: is for approval of the release of collateral for Solar Ridge Third Filing and approval of the warranty collateral agreement for this project.

2. AMENDED PLAT OF BLOCK 6, LOTS 1 AND 15 OF THE LETITIA LAKE SUBDIVISION (#99-S1473): NE 1/2 OF 27-10-73; MORE SPECIFICALLY LOCATED ON LETITIA CIRCLE (NORTH SIDE) AND ROBIN PATH (SOUTH SIDE) ON THE NORTHWEST SIDE OF DOWDY LAKE IN THE RED FEATHER LAKES AREA; O - OPEN ZONING

This is a request for an amended plat to combine Lots 1 (0.127 ac.) and 15 (0.213 ac.), Block 6 of the Letitia Lake Subdivision. The resulting lot will be 0.34 acres in area, and no easements will be vacated. Staff findings: 1. The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution and the Larimer County Subdivision Resolution. 2. The amended plat is compatible with other development in the surrounding area. 3. Approval of the amended plat 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 surrounding area would not be adversely affected by the amended plat. Staff recommendation is for approval of 98-S1350 - Amended Plat to consolidate Block 6, Lots 1 and 15 of Letitia Lake Subdivision subject to the following conditions: 1. All corrections as requested by the County Surveyor shall be completed prior to document review of the Amended Plat.

3. ELLIS/BARGER RIGHT OF WAY VACATION: SE SEC 24-T9N-R70W, APPROXIMATELY 4 1/2 MILES NORTH OF TED'S PLACE ON STATE HIGHWAY 287

This is a request to vacate non-utilized County Right of Way 1928 Quit Claim. Staff findings: 1. No objections have been indicated to the request by affected property owners, utility providers, or interested public agencies. 2. Vacation of the ROW will not diminish access to other properties in the area. 3. There is no need to maintain this right-of-way in the public ownership as it is non-contiguous and appears to serve no useful purpose. Staff recommendation is for approval of the request to vacate the public right-of-way, within Section 24-09-70, as requested and that all other existing easements, if any, shall remain in place.

Motion carried 3-0.

4. FOOTHILLS ESTATES II PUD MASTER PLAN AND PRELIMINARY PHASE PLAN (#97-MS1072); NE 1/4 30-04-69: AT THE SOUTHEAST CORNER OF THE INTERSECTION OF CR 6 AND CR23.

This is a request for a Planned Unit Development Master Plan and Preliminary Phase Plan to develop a 148 acre parcel into 16 lots for single family residential use, which includes 58.7 acres of open space. Residential lots will range in size from 5.0 acres to 6.1 acres. Staff findings: 1. The proposed Foothills Estates II PUD Master Plan and Preliminary Phase Plan is consistent with the Larimer County Comprehensive Plan. 2. The proposal is harmonious with the surrounding neighborhood as required by the Master Plan. 3. The proposal is supported by various review agencies including those noted above. Staff recommendation is for approval of the Foothills Estates II PUD Master Plan & Preliminary Phase Plan with the following conditions: 1. The Final Plat shall be completed in strict conformance with all original conditions in place except as modified by this action. 2. The following notes shall be included on the Final Plat or incorporated into an disclosure affidavit: a) Passive radon mitigation measures shall be included in construction of residential structures on all lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted. b) Engineered footing and foundation plans shall be required for all construction on these lots. c) Underground utilities shall be required. d) Rural Issues: (1) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife such as skunks, raccoons and snakes. Lot owners should be prepared to address wildlife conflicts if they arise. (2) During certain times of the year mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations. 3. The applicant shall satisfy all requirements of referral agencies including those of the County Engineering and Health and Planning Departments, unless waived by the Larimer County Board of Commissioners. 4. The applicant shall pay the required fees for Capital Expansion and Fees In Lieu of Land Dedication as adopted by Larimer County Resolution on November 9th 1998. 5. The applicant shall pay the required school fees. 6. The applicant shall reconfigure Sleepy Hollow Road, so that the secondary point of access is an unpaved emergency access road to County road standards, which connects with the platted street extension in Kent Estates. The Kent Estates portion shall be constructed by the applicant, and maintained by the Foothills Estates II Homeowners Association, as an unpaved emergency access road to County road standards. 7. The applicant shall establish a limit to the number of livestock animals allowed per lot. The number shall be less than or equal to the maximum allowed for the site as recommended by the Animal Task Force (once their recommendations are available). This number shall be added to the covenants when it becomes available. The applicant shall also provide and obtain approval of a pasture management plan as recommended by the Larimer County Health Department, prior to the issuance of any Certificates of Occupancy at the site. 8. The applicant shall provide and obtain approval of a wetlands management plan prior to the issuance of any Certificates of Occupancy at the site.

Chair Olson asked Mr. Wheeler to present any additions or revisions to the staff report. Mr. Wheeler noted that there are three new conditions to the staff report that call for: 1) The reconfiguration of Sleepy Hollow Road to allow a secondary point of access; 2) Limitation of the number of livestock animals per lot and requires a pasture management plan; and 3) a wetlands management plan prior to the issuance of any Certificates of Occupancy at the site. (These three conditions are included in the staff report above.) Audience member Susan Willams addressed the Board noting that she lives in Kent Estates; she explained that she was happy with the additional requirement of a wetlands management plan, but she was still very concerned with the density of homes being allowed and the maintenance of the fire access road. Ms. Williams also noted that she was concerned for the wildlife in the area and the construction traffic and how it might affect their water source in their ditch. Sue McCarley addressed the Board noting that her husband is the Ditch Rider for the Kent Ditch Company; she explained that in her opinion, the staff report could be misleading because the ditch is owned by the Kent Estate Homeowners Association and nobody in the proposed development will have access to this water. Ms. McCarley also stated that the area is sloping dry land and she is concerned that fertilizer and other undesirable runoff would flow into the wetlands and ruin them.

Commissioner Disney explained that the purpose of a wetlands management plan would be to have the experts determine and correct the problems that may be associated with this development and the surrounding wetlands. The applicant Delbert Martin noted that he intends to construct a culvert in order to not disrupt the flow of water from their ditch; he also explained that the water for this development will be public water from the Little Thompson Water District. Mr. Wheeler stated that with regards to density, Mr. Martin could develop as many as 70 homes, but current application only calls for 16 homes. Commissioner Rennels stated that she felt this was a good plan especially in light of the density requested.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Foothills Estates II PUD Master Plan and Preliminary Phase Plan, #97-MS1072.

Motion carried 3-0.

Meeting adjourned at 3:35 p.m.

TUESDAY, SEPTEMBER 21, 1999

ADMINISTRATIVE MATTERS

(#517)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided and Commissioner Disney was present. Also present were: Donna Hart, Commissioner's Office Administrative Manager; and Deni LaRue, Community Information Officer. Recording Clerk: Gael Cookman.

1. PUBLIC COMMENT: Evelyn King and Don Butler addressed the Board during open session for public comment. Ms. King presented the Board with a spreadsheet of the 1998 building permits that were issued by Larimer County; she noted that the figures presented by the Planning Department differ from her figures that she obtained through research of the county records. Ms. King stated that the Planning Department reported 817 permits for 1998 as opposed to her research that reported 663 permits; she stated that she would like an explanation as to why the 1998 figures were "tampered" with. Ms. King also explained that she still feels there is a steady decrease in the number of permits issued which indicates to her that growth is slowing. Chair Olson noted that she would ask the planning department about the difference in numbers; she also explained that Ms. King seems to be the only one using the number of building permits issued as an indicator of growth, as the County Planning Department does not use these figures to determine growth.

Mr. Butler expressed his disappointment with one of the County Board of Equalization Arbitrators that heard his appeal concerning his property taxes this year; he noted that the main reason he chose Greg White as his Arbitrator, was the fact that Mr. White indicated that he would render his decision at the conclusion of the appeal hearing. Mr. Butler noted that at the conclusion of the hearing, Mr. White stated that he would lower the value of the four-plex located at 1104 Alford Street, but when Mr. Butler received the decision notice by mail, there was no adjustment to the value. Mr. Butler stated that he then called to ask Mr. White why there were no adjustments made and Mr. White responded that he had changed his mind. Mr. Butler noted that when he pressed for more information, Mr. White hung up on him. Mr. Butler stated that he was very disturbed by Mr. White's unprofessional manner and he felt he had been lied to by Mr. White.

2. APPROVAL OF MINUTES FOR WEEK OF SEPTEMBER 13, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of September 13, 1999.

Motion carried 2-0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 27, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the schedule of the week of September 27, 1999 as amended.

Motion carried 2-0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the documents as listed on the Consent Agenda on document review for September 21, 1999:

MISCELLANEOUS DOCUMENTS: Joy's MRD #97 - EX1134; Glacier View Meadows, Lots 123 and 124 Amended Plat; Crystal Lakes 4th Lots 30 and 37 Amended Plat; and Boxberger Tracts C and C-1 Amended Exemption; Woodland Estates Final Plat; Cudzillo Subdivision Final Plat.

LIQUOR LICENSES: License approval was granted to Schrader Country Store - 3.2% - Fort Collins, CO; and Horsetooth Liquor - 6% - Fort Collins, CO. Licenses were issued to Dunraven Inn - 6% - Estes Park, CO; Beaver Inn - 6% - Red Feather Lakes, CO; Castillon's Lounge - 6% - Fort Collins, CO; Charco Broiler - 6% - Fort Collins, CO; Bohemian Cottage Restaurant - 6% - Loveland, CO; River Forks Stage Stop - 6% - Drake, CO; and Fort Collins Country Club - 6% - Fort Collins, CO.

A99-173 AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES

BETWEEN THE BOARD OF COUNTY COMMISSIONERS

THROUGH LARIMER COUNTY EMPLOYMENT AND TRAINING

SERVICES AND THE CITY OF FORT COLLINS (Provide Funding

for Youth Corps Summer Employment)

A99-174 SUBDIVISION IMPROVEMENTS AGREEMENT RELATING

TO DEVELOPER'S OBLIGATIONS IN WOODLAND ESTATES

SUBDIVISION BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND JOSEPH R. SHRADER, EVELYN A.

SHRADER, THOMAS SHRADER, AND ALLISON SHRADER

AND DUAL OBLIGEE RIDER TO PERFORMANCE BOND

A99-175 ONE YEAR-EXTENSION OF AGREEMENT FOR COMPUTER

SERVICES DATED OCTOBER 14, 1998 BETWEEN THE BOARD OF

COUNTY COMMISSIONERS THROUGH LARIMER COUNTY

WORKFORCE CENTER AND COMPUTER SYSTEMS DESIGN

COMPANY (State Database Vendor)

A99-176 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS THROUGH LARIMER COUNTY

EMPLOYMENT & TRAINING SERVICES AND PROJECT

SELF-SUFFICIENCY

C99-59 CONTRACT EXTENSION AND ADDENDUM FOR DR. MACK

GREEN, L.L.C. PURCHASES OF SERVICES CONTRACT WITH

DEPARTMENT OF HUMAN SERVICES

C99-60 CONSTRUCTION CONTRACT PROJECT NO. 9033 - 1999

BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND CONNELL RESOURCES, INC. (Asphalt Construction

Project)

C99-61 CONTRACT CHANGE ORDER LETTER FY 1999-2000

(Day Treatment and Reporting Services Program under

Contract #99-CAA00100)

C99-62 STATE CONTRACT FOR GRANT FUNDS FROM THE

DIVISION OF CHILD CARE (Pass through grant to increase

Quality and availability of infant/toddler care via two childcare

Providers)

C99-63 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT

(Renewal for Emergency Medical Services County Subsidy

Funds and Payment Distribution - Contract #98-07572)

Motion carried 2-0.

5. WORKSESSION: Mr. Gluckman noted that Joe Ferrando, Director of Community Corrections, has requested authorization from the Board to allow Lori Barnhill and Bob Skipworth to share the duties of one position on the Youth Services Advisory Bureau; he noted that Ms. Barnhart recently accepted a position in Denver, but she will still be residing in Larimer County, and allowing the two individuals to share the spot on this board will bring both a state and local perspective on issues. Mr. Gluckman explained that even though they will be sharing the position, there will only be one vote between the two of them on issues requiring a vote.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners allow Bob Skipworth and Lori Barnhill to share a position on the Youth Services Bureau Advisory Board.

Motion carried 2-0.

- Mr. Gluckman noted he met this morning with the Fort Collins liaison group and that the Poudre School District is trying to establish a partnership with the different entities; he noted that Lucia Liley and Mike Demma would like to meet with the Commissioners and give a presentation at a future Administrative Matters meeting.

6. COMMISSIONER REPORTS: There were no Commissioner reports today.

7. LEGAL MATTERS: At this time County Attorney George Hass, Assistant County Attorney Jeannine Haag, Human Resources Director Ralph Jacobs, and Finance Director Carol Block joined the meeting for Legal Matters. Mr. Hass reviewed the recent history of two liquor license establishments: Al's Canyon Grille, and the Fargo County Roadhouse; he noted that the Board might wish to speak to the owners of the Fargo County Roadhouse to discuss their practices in running their business due to the high volume of calls to the Sheriff's Department. Mr. Hass stated Al's Canyon Grille is due for renewal in October, and recommended that the Board have a Show Cause hearing to allow some dialogue with the neighbors since there have been a number of complaints regarding the noise emitting from this establishment.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into executive session to discuss personnel issues and contract negotiations.

Motion carried 2-0.

The Executive Session ended at 11:05 a.m. and the following action was taken:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Agreement and Release between the Board of County Commissioners and Terri Butz.

Motion carried 2-0.

A99-177 AGREEMENT AND RELEASE BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TERRI BUTZ

WEDNESDAY, SEPTEMBER 22, 1999

DEMIRANVILLE ZONING VIOLATION MEETING

(#520)

Commissioner Rennels met at 10:30 a.m. with Lynn and JoAnn DeMiranville to continue discussion on the DeMiranville Zoning Violation. Chair Olson and Commissioner Disney were not in attendance. Also present were: John Pedas, Code Enforcement Officer; Tom Gorton, Chief Building Inspector; Candice Phippen, Building Code Compliance Officer; Ron Gonzales, Poudre Fire Authority; Jeannine Haag, Assistant County Attorney; and Gene Fischer, the DeMaranville's Attorney. Recording Clerk: Gael Cookman.

Mr. Gonzales explained that the DeMaranvilles' are willing to install the fire hydrant necessary to continue the welding on their property and he recommended that the fire hydrant be installed within 300 feet of their driveway, rather than within 300 feet of their building. Mr. Gonzales explained that if they installed it within 300 feet of their building then it would be on private property which meant there would be maintenance issues to contend with, and it would not be available for use by anyone else; he noted that if it was installed within 300 feet of the driveway, then it would be placed in the public right-of-way and could adequately serve both the public and the DeMaranville's. The DeMaranville's agreed to install the fire hydrant within 300 feet of their driveway. Mr. Gonzales also stated that he would like to have a contract from the DeMiranville's no later than December 31, 1999 that states that the fire hydrant will be installed as soon as possible. The DeMiranville's also agreed to this. Finally, Mr. Gonzales noted that the Poudre Fire Authority has no interest in the tack barn located on this property.

Ms. Haag noted that the Resolution that allowed the Special Exception granted in 1996 is broad enough to allow the variance to still exist due to the effort that was made on behalf of the DeMiranville's during this time; therefore, the DeMiranville's will not have to go before the Board of Adjustments to apply for it again. Mr. Garton presented the DeMiranvilles and their Attorney with a memo outlining the list of items that need to be addressed in order to clear up the zoning problems that exist on their property; he explained that all items pursuant to the Board of Adjustments original resolution have been taken care of except number 7, which pertains to the fire hydrant that was discussed above. Mr. DeMiranville noted that item number 5 also needs to still be completed and he will need to reapply for a building permit to finish work on the tack barn.

Some discussion ensued pertaining to the length of time applicants have to begin work on a project once a permit has been applied for. Of the timelines suggested in the memo for resolution of the building code violations, the following was agreed to by all parties: 1) By 10/22/99 the DeMaranville's will renew Permit #96-F4725 for a storage and tack building and arrange for a final building inspection; and 2) By 12/22/99 the DeMaranville's will submit plans and apply for building permit for 17 x 30 (?) addition red-tagged on 08/02/91. And Submit plans and apply for building permit for changing the use of the original 30 x 40 garage from residential to commercial.

Commissioner Rennels requested that the Attorney's for both parties work together in order to determine a way to allow the file for this property begin from this point forward with the agreements they have reached; she explained that because there were so many problems with the file from the previous owner she did not want them to resurface at a later date.

Meeting adjourned at 11:30 a.m.

_________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

 

_________________________________

Gael M. Cookman, Deputy County Clerk

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.