Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, January 17, 2000

There were no scheduled meetings today because of the Martin Luther King, Jr. Holiday.

TUESDAY, JANUARY 18, 2000

ADMINISTRATIVE MATTERS

(#570)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Janelle Henderson, Director Natural Resources; Scott Doyle, Hazardous Waste Manager; Tony Simons, Wildfire Safety Coordinator; Tom Garton, Building Services Supervisor; Rex Burns, Administrator Special Improvement Districts; Mark Peterson, County Engineer; Donna Hart, Commissioners' Administrative Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Tom and Mary Bender came to address the Board during the open session for public comment. Mr. Bender, Larimer County Farm Bureau National, State and Local Affairs Legislative Chair, submitted two handouts, one entitled "Interim Study on Development and Growth" from Colorado Farm Bureau regarding Perspectives on Colorado Growth from the Agricultural Community and a memo from Mr. Bender regarding amending the Code Text. With regard to the new Land Use Code recently adopted in Larimer County, Mr. Bender recommended that the following last sentence of the section entitled "Tree Farm" under Agricultural Use Section 4.3.1C be deleted: "Clear cutting of more than 40 acres in a parcel in any 12-month period requires approval through the Special Review Process". Mr. Bender stated that this statement concerning the restriction on tree farms is based on incompetence and ignorance about Forestry and Agriculture in general. Chair Olson stated that this statement was added to the Code because Mr. Bender asked that it be included. Mr. Bender stated that there must have been some miscommunication with regard to what he was requesting. Commissioner Disney stated that he is not comfortable making a change because the request is based on special interests. Much discussion followed; Mr. Bender stated that one reason he promotes incentive-based and voluntary programs is to protect agriculture in Larimer County and that is missing in the Code. Mr. Bender stated that tree farms in Larimer County require a conservation or stewardship plan; he noted that if a landowner is classified as Forest Ag, he is certified as such and receives tax benefits on his property. Mr. Bender continued that in order to be classified as Forest Ag, you have to have a management plan and be inspected every year by the Colorado State Forest Service (CSFS) to make sure that the plan is current and being followed; subsequently, the CSFS issues a statement to the County Assessor that the landowner has met the requirements of the plan and then qualified to receive agriculture classification on his property. Mr. Lancaster will contact the County Assessor regarding how an agriculture designation on property is determined. The Board concurred that they want to make sure that a property owner who wants to cut a tree down for firewood isn't required to go through the special review process.

2. APPROVAL OF MINUTES FOR WEEK OF JANUARY 10, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of January 10, 2000, as submitted.

Motion carried 2 - 0; Chair Olson abstained from voting as she was not in attendance for last week's meetings.

3. APPROVAL OF SCHEDULE FOR WEEK OF JANUARY 24, 2000:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of January 24, 2000, as submitted and revised.

Motion carried 3 - 0.

  • Invitations: Ms. Hart reviewed the pending invitations with the Board.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents and action items as listed on the Consent Agenda for Document Review on January 18, 2000:

ACTION ITEM AND MISCELLANEOUS DOCUMENTS: Final Plat for the Hirsch Minor Residential Development; Amended Plat of Tract A of the Velk MRD; Johnson Amended MRD; Arnold & Barnhart Amended Exemptions; and Marianna Park Subdivision Right-of-Way Amended Plat and Vacation.

LIQUOR LICENSES: County approval for renewal of liquor licenses was granted to the Columbine Lodge - 3.2% - Bellvue, Co. and Carter Lake Marina, Inc. - 3.2% - Loveland, CO. with a Change of Corporate Structure.

A00-06 NOVATION AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS DBA LARIMER COUNTY MENTAL HEALTH

CENTER, LARIMER CENTER FOR MENTAL HEALTH, AND THE

STATE OF COLORADO, DEPARTMENT OF LOCAL AFFAIRS,

COMMUNITY PARTNERSHIP OFFICE (Transfer Contract from

Larimer County to the Larimer Center for Mental Health)

A00-07 ARCHISTRUCTION SERVICES AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THE NEENAN

COMPANY (Design/Build Agreement for Sheriff Administration Building)

A00-08 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND FRANK LANCASTER, COUNTY MANAGER

(Employment Agreement)

R00-14s FINDINGS AND RESOLUTION CONCERNING STREET NAME

CHANGE IN GLACIER VIEW MEADOWS 12TH FILING (From

Mt. Van Hovenberg Court to Snowy Range Court)

R00-15s FINDINGS AND RESOLUTION APPROVING THE LITTLE MINOR

RESIDENTIAL DEVELOPMENT

R00-16s FINDINGS AND RESOLUTION APPROVING THE MULBERRY

COMMERCIAL PARK CONDOMINIUMS

R00-17s FINDINGS AND RESOLUTION DENYING THE INDIAN CREEK

MEADOWS RURAL LAND PLAN CHANGE OF CONDITIONS

R00-18s FINDINGS AND RESOLUTION APPROVING THE BUEHLER

FARMS REVISED PRELIMINARY RURAL LAND PLAN

R00-19s FINDINGS AND RESOLUTION APPROVING THE VACATION OF

EASEMENT IN GREEN VALLEY ESTATES

R00-20z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF STEGNER FARM PIT

R00-21g RESOLUTION TO ESTABLISH POLLING PLACES IN THE YEAR

2000 ELECTIONS

R00-22g RESOLUTION TO DETERMINE ELECTION JUDGES

COMPENSATION FOR THE YEAR 2000 ELECTIONS

R00-23g RESOLUTION TO ESTABLISH EARLY VOTING HOURS FOR THE

YEAR 2000 ELECTIONS

R00-24g RESOLUTION AUTHORIZING TRANSFER OF TAX

CERTIFICATES HELD BY LARIMER COUNTY

Motion carried 3 - 0.

5. RECOGNITION OF HAZARDOUS WASTE PROGRAM: The Board presented a letter of congratulations to Ms. Henderson and Mr. Doyle for receiving the North American Hazardous Materials Management Association's Program Excellence Honorable Mention Award for their Household Hazardous Materials Program.

6. REQUEST FOR APPROVAL OF WILDFIRE HAZARD MITIGATION GRANT: Mr. Simons requested approval from the Board to apply for the CSFS 2000 Wildfire Mitigation Grant in order to establish mobile chipping/disposal sites throughout the mountainous communities in Larimer County. Mr. Simons stated that they have put together a 50/50 cost share grant proposal through the Colorado State Forest Service; he noted that the sites will be driven by the local volunteer fire departments and provide an opportunity to bring the people together to develop an educational opportunity for the volunteer districts. Mr. Simons stated that the County will be a major player, but the volunteer fire districts will be the primary driving player; he noted that the total grant is for $19,600. Commissioner Disney asked about the source of the 50% match; Mr. Garton responded that the Building Department is an Enterprise Fund and they have set aside future funds to take on programs like this. Mr. Garton stated that other counties in the State, such as Jefferson, Douglas, etc., have similar programs and it has been very successful.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the request to proceed with an application for the Colorado State Forest Service 2000 Wildfire Hazard Mitigation Grant to establish mobile chipping sites in Larimer County.

Motion carried 3 - 0.

7. WORKSESSION:

-- Commissioner Rennels stated that she received a call from Mr. DeMaranville complimenting Mr. Garton and Candace Phippen regarding how the DeMaranville violation was handled.

-- Mr. Peterson explained that the construction of road improvements in the Montview Special Improvement District has ceased until spring due to closure of batch plants; he stated that the contractor Mountain Constructors got onto the site rather late in the season and were only able to get a portion of the work done and the residents are very frustrated. Mr. Peterson stated that the only asphalt that can be purchased now would have to be brought up from Denver and the local batch plants probably won't be open until March or April; he noted that this is the contractor's project and he is required to maintain the road in the interim. Commissioner Disney asked what can we do in terms of selecting contractors in the future; Mr. Burns responded stated that if there is a contractor that is not acceptable or timely, that can be considered when awarding bids. Much discussion ensued; Mr. Peterson stated that they really don't rank contractors, it is basically a bid process. Commissioner Rennels suggested that a letter be sent to all the homeowners in Montview to inform them what is happening so they will all have the same information rather than the rumor mill; Mr. Burns stated that he would write a letter right away. Commissioner Disney stated that it is the customer service aspect that concerns him and maybe it should be written in future contracts that it is the contractors' responsibility or duty to explain to the residents what is going on rather than the County having to do it.

-- Mr. Lancaster discussed the confusion that is out there in the public regarding what offices are going into the Justice Center and what and who will be in the Courthouse. He noted that the Statute outlines what must be done in the Courthouse, such as postings, Board of Equalization hearings, Treasurers' sales, etc. and states that the only County official that has to be in the Courthouse is the Assessor, the other official offices have to be in located in the County Seat. Mr. Lancaster stated that whatever we do, we need a facility called the Courthouse; Commissioner Disney asked if it could be called the Courthouse Annex and Administration Services and he suggested having a contest to name the building that will be on the site of the existing courthouse and he recommended that the County Attorney be asked if it would be legal to have such a contest.

  1. COMMISSIONER REPORTS:

-- Commissioner Disney officially announced that he will not be seeking re-election in November for another term in office.

-- Chair Olson reported on the Colorado Counties, Inc. Land-Use Committee Meeting she attended last Friday; she noted there were 15 pieces of legislation on the agenda and 12 more introduced during the meeting. She also noted that she attended the kick-off dinner last Friday evening for the Larimer Center for Mental Health.

-- Commissioner Rennels reported that she participated in the Martin Luther King Jr. Day March on Monday.

At this time, County Attorney George Hass joined the meeting for Legal Matters.

LEGAL MATTERS:

-- The Board asked Mr. Hass if it would be legal for the building that will be on the site of the existing Courthouse to be called something other than Courthouse and also if it would be legal to have a contest to name the building and then adopt a resolution stating that for the purposes of Statute this building shall serve as the Courthouse. Mr. Hass stated that the building could be named something other than Courthouse and it would be legal to have a contest to name the building.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:40 a.m. to discuss pending litigation.

Motion carried 3 - 0.

The Executive Session ended at 11:35 a.m.; no action taken.

HEARING ON LAND-USE PLANNING

(#570 - Side B @ 1500)

The Board of County Commissioners reconvened at 3:10 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioner Disney was present; also present were: Matt Lafferty and Sean Wheeler, Planners II; Russ Legg, Chief Planner; Sylvester Mabry, Civil Engineer; Doug Ryan, Environmental Health Planner; Jim Reidhead, Director Rural Land Use Center; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners of members of the audience. Mr. Lafferty noted for the record that at the December 20, 1999 hearing with the Commissioners, the Vista at Cottonwood Shores 2nd Filing PUD was tabled because the Wellington Operating Company, which has some oil interests in the area, had concerns about access, easements, etc. Since that hearing, the applicant has met with that company and they have resolved all their concerns; he noted he has a letter in the file from the Wellington Operating Company stating that they no longer object to this application.

  1. VISTA @ COTTONWOOD SHORES 2ND FILING PLANNED UNIT
  2. UNIT DEVELOPMENT (#99-S1427): NE 08-08-68 - ON THE NORTH

    SIDE OF COLORADO HIGHWAY 1, NORTHEAST OF THE INTER-

    SECTION OF HIGHWAY 1 AND COUNTY ROAD 11; 143.04 ACRES;

    14 LOTS; O-OPEN ZONING

    This is a request for a Master Plan/Preliminary Phase Plan to divide 143.04 acres into 14 lots for single family residential use, along with open space tracts totaling 69.87 acres, with lots ranging in size from 2.5 to 19.11 acres. Staff findings are: 1) The proposed Master Plan and Preliminary Phase Plan for the Vista at Cottonwood Shores 2nd Filing PUD is consistent with the intent of the Larimer County Master Plan, the Comprehensive Zoning Resolution, and the Subdivision Resolution and is consistent and compatible with existing development in the immediate area; 2) The requested variance from the Larimer County Zoning and PUD Resolution to allow this development to be completed as a PUD in the O-Open Zoning District is appropriate in this case. As a PUD, the proposed development has been designed to address site-specific conditions and principles of the Larimer County Master Plan, including preservation of open space and rural character and the protection of sensitive natural areas; 3) Approval of the Master Plan and Preliminary Phase Plan for the Vista at Cottonwood Shores 2nd Filing PUD and the variance from the Larimer County Zoning and PUD Resolutions to allow this development to be completed as a PUD in the O-Open Zoning District, with certain conditions, shall not result in significant negative impacts on area properties, provision of services or transportation, or the natural environment.

    The Planning Commission/Staff recommendation is for approval of the variance from the Larimer County Zoning and PUD Resolutions to allow this development to be completed as a PUD in the O-Open Zoning District and approval of the Master Plan and Preliminary Phase Plan of the Vista at Cottonwood Shores 2nd Filing PUD, subject to the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat, including all notes, wetlands delineation, building setback lines, no-build area for dwellings and accessory structures greater than 500 square feet in size and easements. Easements and rights-of-way of record and as required by the utility providers, the County Engineering Department and the Colorado Department of Transportation shall be provided on the Final Plat; 2) The following notes shall be included on the Final Plat: a) Larimer County will not maintain streets in this development. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain these facilities may result in a lien being placed on these lots; b) Passive radon mitigation measures shall be included in construction of residential structures on these 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 that specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; c) Engineered footing and foundation plans shall be required for all construction on these lots; d) Site specific testing at the location of the building sites is required. Seasonally high groundwater may affect whether basement construction is feasible or if special construction methods are needed. The Colorado Geological Survey does not recommend basement construction where groundwater is within 12 feet of the surface. Perimeter drains along the foundation should accompany any subgrade construction. A capillary break should be considered below the floor slabs if the subgrade material in the vicinity of the individual building envelopes is clay or claystone. Lot owners and builders should refer to the report titled Subsurface Exploration Report as contained in the Planning Department file for this development; e) Residential fire sprinkler systems shall be required for all dwellings, unless adequate fire flows for fire hydrants are achieved and approved by the Poudre Fire Authority. Poudre Fire Authority must approve plans; f) The minimum water pressure available to home within this development will be approximately 45 p.s.i. Owners of large, multi-story homes with a number of plumbing fixtures may want higher pressure. If so, pressure tanks or booster pumps will have to be installed; g) The following fees shall be collected at building permit issuance for new single family dwellings. Poudre R-1 school fees and Larimer County fees for County and Regional Transportation Capital Expansion and Larimer County Park Fee (in lieu of dedication). The fee current at time of building permit application shall apply; h) Underground utilities shall be required; i) Combined absorption/evaporative septic systems will be required, unless otherwise approved by the Health Department; j) Rural area issues: ii) Agricultural uses are present in this area which may at times result in odors, dust and noise. These are a normal part of agriculture and should be expected to occur. Larimer County will not take action to stop or hinder legal agricultural uses on properties in this area; iii) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, raccoons, prairie dogs and snakes). Lot owners should be prepared to address wildlife conflicts if they arise; iv) 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; v) Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats; vi) Approved recreation uses on the reservoir to the east of this development include motor boating and a developed campground; vii) If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture. Overgrazing will produce bare ground, weeds, erosion and polluted runoff. Management of thee lots must be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding. Stabling of livestock or horses shall not be permitted on portions of the lots that are within 200 feet of the reservoir high water elevation; 3) Final construction plans, drainage and erosion control plans and reports, shall be required with the Final Plat application. The reports shall include detailed plans and information regarding the irrigation of the site and shall address the issues of irrigation and septic system/home site locations. The final drainage report and erosion control report shall be prepared according to the specific requirements and recommendations contained in the Engineering Department's comments for this development and as contained in Section 2.4.2 and Section 10 of the Larimer County Stormwater Management Manual. Prior to recording the Final Plat, road construction plans must be approved by the Engineering Department and the Poudre Fire Authority, utility plans must be approved by the applicable utility providers and the Poudre Fire Authority, and the drainage/erosion control reports must be approved by the County Health and Engineering Departments. Poudre Fire Authority must approve plans for identifying and controlling the emergency access; 4) Tract A is not a building site and is for the purpose of the continuation of the oil extraction occurring at this time; 5) Tract B is not a building site; however, storage buildings for maintenance equipment association with the care of Tract B will be permitted; 6) Copies of permits from the Colorado Department of Transportation for the accesses to the state highway shall be submitted with the Final Plat application. No construction shall take place within the highway right-of-way prior to obtaining permits; 7) All improvements for this development shall be included in a Subdivision Development/Improvements Agreement (SIA) which shall be secured by appropriate collateral of a type and amount approved by the County Commissioners. Improvements shall include roads, drainage facilities, utility extensions, landscaping, street/traffic signs and fire hydrants. The SIA, along with cost estimates and collateral, shall be submitted to the Planning Department. These documents must be approved prior to recording the Final Plat; 8) Covenants for this development shall include provisions for maintenance of the common access roads and emergency access, open space tracts, drainage and irrigation facilities and other common elements. Covenants shall also contain provisions regarding building envelopes and setbacks, livestock, pasture management, irrigation and farming plans as proposed in the preliminary application, and shall state what uses and/or structures (if any) are prohibited in the no-build area as shown on the Preliminary Phase Plan; 9) If the applicant enters into a written agreement with North Poudre Irrigation Company, a copy of the final agreement shall be submitted with the Final Plat application for the file; 10) Information regarding the water supply for this development as requested by the Colorado Division of Water Resources or written verification from that agency that their concerns have been satisfactorily addressed shall be submitted with the Final Plat application; 11) The County Natural Resources Department shall approve the final landscape plan for the development.

  3. R & 0 PIT SPECIAL REVIEW (#99-Z1300): SW 1/4, S19, T5, R68 ON THE
  4. NORTH SIDE OF SH 402, 1 MILE EAST OF HIGHWAY 287 IN LOVELAND

    This is a request for Special Review to allow the mining of gravel for commercial uses at a 15.3 acre site. The Planning Commission/Staff recommendation is for approval of the R & O Pit Special Review with the following conditions: 1) Operation of the R & O Pit Special Review shall be as specified representations of the applicant, information contained in the file, or as modified by conditions of approval; 2) The applicant shall comply with and agree to the following requirements of the Larimer County Engineering Department: a) No parking, loading or unloading of any vehicles is allowed in the County right-of-way; b) Trucks shall not back onto or use the County Road for a turnaround; c) Larimer County will not issue overweight permits for trucks, and reserves the right to spot check weight on loaded trucks; d) The applicant is responsible for prompt and complete removal of material spilled onto the County roadway; e) The applicant must pay the Transportation Capital Expansion Fee prior to commencing mining operations, to be based on the average daily truck traffic at the site as represented by the applicant in their traffic impact study; 3) The applicant shall comply with the following requirements of the Larimer County Health and Environment Department: a) Prior to final approval, the applicant shall provide the County with an air quality impact model, estimating potential particulate matter concentrations and their relation to potential crystalline silica concentrations, for review and approval by the Department of Health and Environment. This report must demonstrate that particulate matter concentrations at downwind properties will not be expected to exceed National Ambient Air Quality Standards for PM-10 concentration, and that silica content of the mined material is within expected ranges; b) Prior to starting operations on the site, a Colorado Air Emissions Permit for the mining operation shall be submitted; c) Activities associated with this use shall be conducted in accordance with the fugitive dust control plan and Air Emissions Permit; d) Prior to starting operations on the site, a Colorado Process and Stormwater Discharge Permit for the mining and processing operation shall be submitted; e) Activities associated with this use shall be conducted in accordance with the Stormwater Management Plan and the Colorado Process and Stormwater Discharge Permit; f) The quarry and processing operations shall be conducted in accordance with the submitted noise mitigation plan and the Ordinance Concerning Noise Levels in Unincorporated Larimer County (Ordinance No. 97-3); g) The applicant shall use a licensed firm to provide bottled water and chemical toilets for employee use; 4) The applicant shall comply with and agree to the following requirements of the Larimer County Planning Division: a) Pastures should be fenced to prevent livestock from entering the areas adjacent to the river and around the proposed lake; 5) The applicant must comply with all applicable requirements of the Loveland Fire Protection Bureau; 6) The applicant is required by Colorado State Law (35-5.CRS1990) to submit a Weed Management Plan. The applicant must register a contact person with their office, and be updated by January 30 of each year; 7) The applicant shall comply with all applicable requirements of the Intergovernmental Agreement with the City of Loveland; 8) Any changes in the operations from those in the file or in conditions of approval will require review and approval by Larimer County.

  5. KAUFFMAN WAGNER PIT SPECIAL REVIEW (#99-Z1297): S16, 17, 20

& 21, T5N, R68W - 1 MILE EAST OF SH 287 AND THE CITY OF

LOVELAND ON COUNTY ROAD 9E;

This is a request for Special Review to allow mining sand and gravel for commercial uses at a 232.5 acre site. The Planning Commission/Staff recommendation is for approval of the Kaufman-Wagner Pit Special Review with the following conditions: 1) Operation of the Kaufman-Wagner Pit Special Review shall be to allow the applicant to begin operation at 7:00 a.m. from May through September; 2) The applicant shall comply with the following requirements of the Larimer County Engineering Department: a) No parking, loading or unloading of any vehicles is allowed in the County right-of-way; b) Trucks shall not back onto or use the County Road for a turnaround; c) Larimer County will not issue overweight permits for trucks and reserves the right to spot check weight on loaded trucks; d) The applicant is responsible for prompt and complete removal of material spilled onto the County roadway; 3) The applicant shall comply with the following requirements of the Larimer County Health and Environment Department: a) Prior to final approval, the applicant shall provide the County with an air quality impact model, estimating potential particulate matter concentrations sand their relation to potential crystalline silica concentrations, for review and approval by the Department of Health and Environment. This report must demonstrate that particulate matter concentrations at downwind properties will not be expected to exceed National Ambient Air Quality Standards for PM-10 concentration, and that silica content of the mined material is within expected ranges; b) Prior to starting operations on the site, a Colorado Air Emissions Permit for the mining operation shall be submitted; c) Activities associated with this use shall be conducted in accordance with the fugitive dust control plan and Air Emissions Permit; d) Prior to starting operations on the site, a Colorado Process and Stormwater Discharge Permit for the mining and processing operation shall be submitted; e) Activities associated with this use shall be conducted in accordance with the Stormwater Management Plan and the Colorado Process and Stormwater Discharge Permit; f) The quarry and processing operations shall be conducted in accordance with the submitted noise mitigation plan and the Ordinance Concerning Noise Levels in Unincorporated Larimer County (Ordinance No. 97-3); g) The applicant shall use a licensed firm to provide bottled water and chemical toilets for employee use; 4) The applicant shall comply with the following requirements of the Larimer County Planning Division: a) Pastures must be fenced as part of the reclamation plan, to prevent livestock from entering the areas adjacent to the river and around the proposed lake; b) The applicant must comply with the State noxious weed regulations on their current site and comply with these same regulations in Phases I - III, as recommended by the Larimer County Weed District Manager; 5) The applicant must comply with all applicable requirements of the Loveland Fire Protection Bureau; 6) The applicant is required by Colorado State Law (35-5.CRS1990) to submit a Weed Management Plan. The applicant must register a contact person with their office, and updated by January 30th of each year; 7) Any changes in the operations from those in the file or in conditions of approval will require review and approval by Larimer County.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendations and approve the Vista @ Cottonwood Shores 2nd Filing Planned Unit Development (#99-S1427); R & O Pit Special Review (#99-Z1300); and the Kauffman Wagner Pit Special Review (#99-Z1297); each, with the conditions as outlined.

Motion carried 2 - 0.

Chair Olson noted that a hearing will be held at 4:00 p.m. tomorrow afternoon for continuation of the Land Use Hearing to review the Dickinson Exemption (#99-S1527).

The hearing adjourned at 3:15 p.m.

WEDNESDAY, JANUARY 19, 2000

CONTINUATION OF LAND-USE HEARING

(#570 - Side B @ 2000)

The Board of County Commissioners met at 4:00 p.m. in regular session with Jim Reidhead, Director Rural Land Use Center. Chair Olson presided and Commissioner Rennels was present. Also present were: Russ Legg, Chief Planner; Brenda Gimeson, Rural Land Use Technician; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Gael Cookman.

Chair Olson noted that the following is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience.

  1. DICKINSON EXEMPTION (#99-S1527): 20-06-68 - NORTHWEST CORNER

OF COUNTY ROAD 30 AND 9, NORTHEAST OF LOVELAND, NORTHWEST OF THE FORT COLLINS/LOVELAND AIRPORT; 134.180

ACRES; 5 LOTS; AP-AIRPORT ZONING

This is a request for authorization to divide 134 acres in the following manner: Four single-family residential sites ranging in size from 1.6 to 2.1 acres. The residential sites will occupy a maximum of 7.35 acres. No residential development will be allowed on the remaining land (Outlot A-residual land), 126 acres, which will be protected in perpetuity by a conservation easement. Staff findings are that Section 2.1 of the 1994 Larimer County Subdivision Regulation and State Statute permits the Board of County Commissioners to "Exempt" an application from any or all of the land division processes and standards. After careful review with Planning, TDU Program, and Rural Land Use Center staff, it is recommended that this project be approved as platted as an Exemption in consideration of the significant land use restrictions being voluntarily placed on the property. In addition, staff finds that the plan is in accordance with many of the principles, goals, and objectives of the Rural Land Use Process, as well as being an important project in the newly-established TDU Program.

The Rural Land Use Center Director, Planning and TDU Program Staff, recommend approval of the Dickinson Exemption, with the following contingencies to be met prior to recordation of the final plat, conservation easement, development agreement, and road maintenance agreement: 1) Private local access road and related drainage improvements shall meet design standards set forth in Appendix G of the Larimer County Road Manual. Design shall be prepared and stamped by a qualified professional engineer licensed in the State of Colorado with review and approval by the County Engineering Department. Access road and drainage improvements, as well as utilities (including water, sewer, electric, and natural gas) shall be installed and approved by the County Engineering Department before building permits shall be issued; 2) A complete geo-technical investigation and engineered footing and foundation plan is required of each building site prior to construction and reviewed by the County Engineering Department; 3) Public water and public sewer must be provided for this development. Domestic wells and on-site septic systems for the residential lots shall not be allowed; 4) Outlot A (residual land) conservation easement review and approval by County Attorney and TDU Program Director prior to recordation; 5) At the time of development and prior to the issuance of any building permits on any lot, a road maintenance agreement or covenant shall be created that causes the owner of each lot to agree, in perpetuity, that all maintenance of the road (Dickinson Drive) shall be borne by the owner of the lots; 6) Review and approval of final development agreement by County Attorney prior to recordation; 7) The following shall be included in a disclosure statement, approved by the County Attorney, and shall be submitted to residential lot purchasers and recorded at the time of closing: a) Automatic fire protection sprinklers are required for all new residential structures or fire hydrants shall be provided in accordance with the fire district's regulations and approval; b) 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 for 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; c) The Colorado Division of Wildlife will not be responsible for conflicts or damage caused by bears or mountain lions in situations where food sources, like trash, bird feeders, and pet food are made accessible to these predators. Pets and backyard livestock should be confined to predator-proof kennels, coops, or hutches. The Division will be happy to provide brochures to assist in this process; d) Transportation Capital Expansion Fees in effect at the time of building permit issuance shall be assessed on each lot; e) Park fees-in-lieu of land dedication in effect at the time of building permit issuance shall be assessed on each lot; f) School fees-in-lieu of land dedication shall be collected at the time of building permit issuance; g) Mosquitoes: During certain times of the year, mosquitoes may present a significant nuisance. The County does not have a mosquito control program. Any spraying or other control will be the responsibility of the property owners; h) Wildlife: Wildlife, such as skunks, snakes, and prairie dogs occur more frequently than in more built-up areas. Lot owners should be aware of these occurrences and be prepared to address them as residents if they arise. The County is not able to mitigate nuisance if they develop, although information on managing these issues is available; i) Prairie dog colonies do exist in the general area surrounding this proposal. Prairie dogs can be a nuisance if they migrate to developed residential property. The County does not perform prairie dog control, but can advise owners on how to obtain the services of licensed firms that do. At times, prairie dogs are implicated in the transmission of plague to people or their pets. The County does monitor prairie dog colonies for evidence of plague. Animal control requirements for both dogs and cats should be observed; j) Adjacent agricultural uses: Farming practices on this and adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur; k) Horse pasture management: If livestock is to be kept on the smaller parcels, the owners must be aware that lots of this size must be managed very carefully in order to maintain grass cover in the pasture.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners support the Rural Land Use Center Direction, Planning and TDI Program staff recommendation and approve the Dickinson Exemption (#99-S1527), Development Agreement, Deed of Conservation Easement, and Final Plat.

Under discussion of the motion, Commissioner Rennels noted that she hopes this development will be used as a model for future projects.

Motion carried 2-0.

A00-09 DEVELOPMENT AGREEMENT RELATING TO DEVELOPER'S OBLIGATIONS IN THE DICKINSON EXEMPTION

D00-01 DEED OF CONSERVATION EASEMENT (TDU SENDING PARCEL #86200-00-002) RELATING TO THE DICKINSON EXEMPTION

The hearing adjourned at 4:10 p.m.

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CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

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Sherry E. Graves, Deputy County Clerk

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Gael M. Cookman, Deputy County Clerk

 

 

 

 

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