PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, February 28, 2000
LAND-USE PLANNING MEETING
(#579 @ 3000)
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: Rob Helmick, Senior Planner; Carol Evans, Matt Lafferty, and Fred Starr, Planners II; Sylvester Mabry and Traci Downs, Civil Engineers; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Jean M. O'Connor
Chair Olson noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. Ms. Evans noted for the record that item #2 (Spring Gulch Ranch Estates 2nd Amended Plat) was advertised as an amended plat and a request to vacate right-of-way, but the applicants have withdrawn the vacation portion of their application and so the request is for an amended plat only.
NE 34-4-69 - NORTHEAST CORNER OF THE INTERSECTION OF RIVER
GLEN WAY AND RIVER GLEN DRIVE WITHIN THE RIVER GLEN
SUBDIVISION, NORTH OF COUNTY ROAD 2E AND EAST OF U. S.
HIGHWAY 287; 10 ACRES; 4 LOTS; FA-1 FARMING ZONING
This is a request for Preliminary Plat to divide Tract A (approximately 10 acres) of the Amended Plat of River Glen Subdivision into 4 lots ranging in size from 2.3 acres to 2.36 acres (gross acreage) for single family residential use. Tract A was originally platted as a school site and deeded to the Thompson R2-J School District. Staff findings include: 1) The proposed Preliminary Plat for the River Glen Subdivision Replat of Tract A 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) Approval of the Preliminary Plat for the River Glen Subdivision Replat of Tract A, with certain conditions, shall not result in significant negative impacts on area properties, provision of services or transportation, or the natural environment.
The staff recommendation is for approval of the Preliminary Plat for the River Glen Subdivision Replat of Tract A, with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat; 2) The following notes shall be included on the Final Plat or in a disclosure affidavit to be recorded with the Final Plat: A) Rural Area Issues: a) 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; b) Prairie dog colonies do 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; c) Farming practices on adjacent properties can produce odors, noise and dust at any time of the day or night, seven days a week. 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 in this area; d) 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. Lot owners who plan to keep livestock on these lots should contact the Larimer County Cooperative Extension Service for information about pasture management; B) Underground utilities will be required; C) Expansive oils may be present in this area and engineered footing and foundation plans will be required for construction on these lots. Depth to groundwater is not known; rising groundwater levels should be anticipated during the irrigation season. Site specific testing at the building sites on these lots should be conducted to determine soil and groundwater conditions and specific foundation requirements. All sub-grade construction should be accompanied by perimeter drains; D) 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 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; E) The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R2-J school fees and Larimer County fees for County and Regional Transportation Capital Expansion and Larimer County Park Fee (in lieu of dedication). The fee amount that is current at time of building permit application shall apply; F) Bussing of students for the Thompson R2-J School District will be required at all grade levels; 3) The developer is responsible for all required subdivision improvements. The Final Plat application must include applicable construction plans, erosion and drainage control plans, a development agreement, and collateral.
LOTS 32 AND 33 (#99-S1525): NW 35-4-71 - NEAR THE LARIMER-BOULDER COUNTY LINE, TO THE EAST OF PINEWOOD SPRINGS;
27.36 ACRES; 2 LOTS; O-OPEN ZONING
This is a request for an Amended Plat to adjust the boundary line between Lots 32 (currently vacant) and 33 (with existing single family dwelling) to result in lots of 10.0 and 17.29 acres. The applicants are including a "no build" area on Lot 32 to create separation between building sites on that lot and existing homes. As noted previously, this application originally included a request to vacate and relocate/dedicate new right-of-way for Ridge View Lane; the applicants have withdrawn that portion of the application. Staff findings are: 1) Spring Gulch Ranch Estates 2nd Filing was recorded in 1973. The applicants propose to adjust the common lot line between Lots 32 and 33 and to create a "no build" area for the portion of Lot 32A that is on the ridge top; 2) County Health,
Engineering and Planning staff conducted a site visit to determine if adequate building sites were available. There were no objections to the proposed amended plat from utility providers or County staff; 3) The proposed amended plat is consistent with existing lots and development in Spring Gulch Ranch Estates 2nd Filing, and is in compliance with the provisions of the Larimer County Subdivision and Zoning Resolution.
The staff recommendation is for approval of the Amended Plat of Lots 32 and 33, Spring Gulch Ranch Estates 2nd Filing, with the condition that the Final Plat be consistent with the original proposal regarding general location of adjusted lot lines and the "no build" area for Lot 32A. Plat corrections for surveying-related issues must be completed before recording the Final Plat.
SW 1/4 - 08-07-68 ON THE WEST SIDE OF SUMMIT VIEW DRIVE, 1/4 MILE
NORTH OF MULBERRY ST.; 2.381 ACRES; 1 LOT; I-INDUSTRIAL ZONE
This is a request to condominiumize two buildings located at the Summit Commercial Center on Summit View Drive into 21 commercial use lots. Staff findings include: 1) The proposed Condominiumization is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The Condominiumization is compatible with other development in the surrounding area; 3) Approval of the Condominium 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 Condominiumization; 5) Maintenance of the building, parking lot, landscaping and other common areas will be the responsibility of the property owners association, pursuant to the Condominium Declaration and By-Laws of the Summit Commercial Center Condominiums Association. The staff recommendation is for approval of the Summit Commercial Center Condominiums (#00-S1537), subject to the following condition: 1) The applicant agrees that in the event the application for a PD-Planned Development in not approved by Larimer County for the subject site, that the structure identified on the Summit Commercial Center Condominium Map as "Building "A" Unit 21" will be removed from the site within a time period to be determined by Larimer County.
COLLATERAL (#95-EX0810): 22-07-68 - 1/4 MILE SOUTH OF PROSPECT
ROAD AT THE SOUTH END OF MCLAUGHLIN LANE
This request is for release of collateral for public improvements. The staff recommendation is for approval of the release of collateral in the amount of $1,040.75 for the improvements required for the Phillips Minor Residential Development.
3, TOWNSHIP 9 NORTH, RANGE 68 WEST, AT 12705 N. COUNTY ROAD
5, 0.7 MILES NORTH OF OWL CANYON ROAD; 12.0 ACRES; 1 LOT;
This is a request to allow construction of a 105-ft. tall monopole cellular tower and associated communications equipment. Staff findings are that this application complies with the review criteria as outlined by the Larimer County Zoning Resolution - January 1993 and the Larimer County Wireless Facility Siting Regulations, adopted December 15, 1997. The staff recommendation is for approval of the request by Sprint PCS to construct a 105-foot tall monopole tower, antennas and electronic equipment necessary to operate a wireless communications facility to be located on the property owned by Edwin and Opal Turner, subject to the plans and specifications submitted and dated October 15, 1999.
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 River Glen Replat of Tract A Preliminary Plat (#99-S1465); Spring Gulch Ranch Estates 2nd Filing Amended Plat of Lots 32 and 33 (#99-S1525); Summit Commercial Center Condominiums (#00-S1537); Phillips MRD Release of Collateral (#95-EX0810); and Sprint PCS/Turner Cell Tower Special Review (#99-Z1298); each, with the conditions as outlined.
Motion carried 3 - 0.
SW 1/4 - 33-04-69 - ON THE EAST SIDE OF COUNTY ROAD 21, 3 MILES
SOUTH OF HIGHWAY 56; 40.8 ACRES; 9 LOTS; FA-1 FARMING ZONING
This is a request for Preliminary Plat approval for Eagle View Estates, a single-family residential subdivision containing 9 lots. The Planning Commission/Staff recommendation is for approval of the Eagle View Estates Subdivision, subject to the following conditions: 1) The plat of the subdivision is to be completed in strict conformance to the Subdivision Resolution for the County of Larimer, State of Colorado; 2) The Final Plat for Eagle View Estates shall be completed in strict compliance with the conditionally approved preliminary plat; 3) The applicant shall dedicate on the Final Plat sufficient right-of-way for County Road 21; the half right-of-way required is 50 feet; 4) Building envelopes consistent with the setbacks illustrated on the preliminary plat; 5) Larimer County Transportation Capital Expansion Fees will be collected at the time of building permit for each new residential structure in this development. Said fee collected shall be the fee in effect at the time of building permit application; 6) Cash In-lieu of Park Fees will be collected at the time of building permit for all new residential structures in this development. Said fee collected shall be the fee in effect at the time of building permit application; 7) Cash In-lieu of School Fees for the Thompson R2-J School District will be collected at the time of building permit for new residential structures in this development. Said fee collected shall be the fee in effect at the time of building permit application; 8) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test 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; 9) Drilled pier foundations and structural floors shall be required for all residential construction in Eagle View Estates. Perimeter drains shall be included in the foundation design; 10) The applicant shall note on the final plat that preliminary soil test results indicate that shallow bedrock and slow percolation soils will necessitate the design and installation of engineered sewer systems, and that these systems are more costly to design, install and maintain than conventional systems. Perspective lot purchasers should be advised to research the issue of installing a sewer system as part of their decision about buying the lot; 11) A 100 foot sewer system setback buffer shall be labeled on the final plat for all lots that border the Ish Ditch or existing irrigation laterals; 12) The applicant shall provide a copy of a completed ditch crossing, maintenance and access agreement with the final plat application. Said agreement shall be finalized before the final plat is recorded; 13) The applicant shall provide at minimum a 20-foot access and maintenance easement along both sides of the Ish Ditch as measured from top of bank. Furthermore, the applicant shall identify by survey the location of the top of the bank with the final plat submittal. The final location of the easement shall be reviewed and approved by the Ditch Company and Larimer County Planning Department prior to final plat approval; 14) If approved by the Ditch Company, the applicant shall roll back the edges of the Ish Ditch bank as illustrated on the preliminary plat; 15) The applicant shall provide bank stabilization along the Ish Ditch bank. Said stabilization shall be reviewed and approved by the Ditch Company and Larimer County Planning Department before the final plat is approved; 16) The applicant shall install signs along the projects interior roadway stating that PUBLIC USE OF THE DITCH IS PROHIBITED. Additionally, the applicant shall include in the homeowners documents warnings relating to the dangers of the Ish Ditch; 17) Lot 4 shall either be eliminated or the applicant shall demonstrate that the existing irrigation lateral can be relocated or piped without altering the location of inlets and outlets and flows associated with the irrigation laterals; 18) The applicant shall either relocate the irrigation lateral crossing Lot 8 or obtain a crossing, access and maintenance agreement with the users of the irrigation lateral; 19) The applicant shall provide a twenty-foot access and maintenance easement along all irrigation laterals on the property. Said easements shall be disclosed in the homeowner's covenants; 20) All easements requested by this action or by the utility companies serving this site shall be illustrated on the final plat; 21) The internal roads for the subdivision shall be constructed to the specifications of the Larimer County Engineering Department requirements for such roads. The proposed emergency access road construction and alignment shall also be reviewed and approved by the Berthoud Fire Protection District; 22) All utilities must be installed underground; 23) Final drainage plans shall be submitted with the Final Plat application for Engineering Department review and approval. Said drainage plans shall also be submitted to the Boulder and Larimer irrigation and Manufacturing Ditch Company for their review and approval; 24) A Final Erosion control plan shall be submitted with the Final Plat application for Engineering Department review and approval; 25) Construction plans shall be subject to the review and approval of the County Engineer, Little Thompson Water District, and Berthoud Fire Protection District; 26) The applicant shall comply with all the requirements of the Berthoud Fire Protection District, which requirements are stated in the attached letter from the Berthoud Fire Protection District, dated May 11, 1999, and signed by Fire Chief Stephen Charles; 27) The following notes shall be on the Final Plat: a) Mosquitoes may be a nuisance on this property. Larimer County is not responsible for mosquito abatement and any landowner initiated abatement activities must meet all Federal, State and Local rules and regulations; b) Prairie dog colonies exist in the area of this property and may migrate to this property. Prairie dogs have been known to carry plague. Larimer County does not perform prairie dog control; c) There are existing agricultural activities in this area that may produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses of nearby properties; d) There is the potential for wildlife interaction or property damage in this area. Property owners should take appropriate measures to protect property. Neither Larimer County nor the State Division of Wildlife is responsible for damage or control of wildlife; e) This development is the subject of a Subdivision Improvements Agreement that has been recorded in the office of the County Clerk and Recorder and is also on file in the Larimer County Planning Office. There are also recorded covenants associated with this plat; f) Hunting occurs in this area from September through January. Hunting is allowed within 150' of private property. The Division of Wildlife will not take action to stop legal hunting in this area; g) All driveways over 100' long must be 15' wide and capable of supporting fire apparatus for the length of the driveway.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the Eagleview Estates Subdivision (#99-S1369), which was tabled from January 10, 2000.
Motion carried 2 - 0; Chair Olson did not vote on this item because she was absent from the hearing on January 10, 2000 when and testimony pertaining to this request was presented.
The hearing recessed at 3:05 p.m.
CONTINUATION OF LAND USE HEARING
(#581 & 582)
The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present; also present were Rob Helmick, Senior Planner, Sean Wheeler, Planner II, Doug Ryan, Environmental Health, Rusty McDaniel, Engineering, Jeannine Haag, Assistant County Attorney, and Jean O'Connor, Recording Clerk.
This is a request for review of a preliminary plat to divide 26.7 acres into 5 lots, ranging in size from 5.1 to 5.6 acres in size, for single family residential uses. Mr. Wheeler stated that the concerns raised at the Planning Commission were that the proposed lot sizes were not compatible. Although the Planning Commission recommended denial of this request, staff stated the proposal complied with the regulations and was compatible with the zoned lot size. Staff findings include: 1. The prposed Levi Acres Subdivision is consistent with the Larimer County Comprehenssive 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 with the staff report.
Mr. John Chilson, representative for the applicant, stated that the proposal complied with all regulations in place at the time of submittal, the soils test report did not show a high water table, and the applicant was creating four new building sites. Mr. Chilson stated area residents disapprove of the proposed lot size; however, there are several comparable lot sizes within a one-mile radius. The applicant is in agreement with all staff recommendations and is willing to pay a fair share for improvements to County Road 23.
At this time the hearing was opened for public comment. The following persons spoke in opposition to Levi Acres Subdivision: Jeff Barina, Tom Connelly, Rob Strieby, Tom Deter, Norine Deter, Emma Zuzelski, Bill Zuzelski, and Susan Kurzwiell. Their concerns were that the density was too high, proposed lot sizes were too small, high water table in the area may cause septic problems, impacts on wildlife and Lone Tree Reservoir, no requirement for improvements to County Roads 23, and precedent setting for future land divisions into smaller lots in the area.
At this time the public comment portion of the hearing was closed and opened for rebuttal by the applicant and Board discussion. Mr. Chilson reiterated that the proposal would not set a precedent since the existing zoning allowed for smaller lots and many already existed in the area. He also noted that the proposal would not impede existing "hobby farms" or agricultural operations. Commissioner Disney asked when the applicant had performed the soil tests for water. Mr. Chilson replied that three borings had been conducted in March of 1999 at a depth of 14.5 feet and no groundwater was detected.
Mr. Ryan stated the Health Department shared concerns related to perk rates and groundwater. He noted that uncertainty existed with the ground water as a result of when the tests were performed. Mr. Ryan explained that the criteria for the installation of safe systems include three tools: proposed setbacks, technical design standards and proposed lot sizes. He further stated that the final plat would contain a note requiring individual lot owners to provide a soil test on their lot.
Mr. McDaniel stated that the daily vehicle trips on County Road 23 were below design capacity and improvements to the road were not forecasted in the near future, therefore, County Engineering was not requiring any impact dollars from either applicant because the amount of their contributions would be insufficient for even minor improvements. Commissioner Disney inquired as to how many accident reports were taken at the intersection of County Road 23 and County Road 14. Mr. McDaniel stated from January 1994 through September 1999, 17 reports had been filed and of those, 13 had run through the "T" intersection- 9 were alcohol related.
Commissioner Disney asked if the ground water had been sufficiently researched regarding basements. Mr. Helmick suggested the Board might wish to include the same recommendation #10 from Paradise Valley Estates, which would address basements and ground water. Chair Olson asked if there would be any environmental impacts to the Lone Tree Reservoir. Mr. Ryan stated that he believed there would be no adverse environmental impacts to the reservoir .
Commissioner Disney stated that the application before the Board was consistent with the regulations and existing zoning. Commissioner Rennels agreed with Commissioner Disney and stated that the surrounding area was already developed in a variety of lot sizes.
Levi Acres Preliminary Plat to divide 26.7 acres into 5 lots, ranging in size from 5.1 to 5.6 acres, for single family residential uses, once the revised conditions have been met. When the following conditions have been met, a resolution will be signed and recorded: 1. Levi Court shall not be maintained by Larimer County; 2. Larimer County Engineering Department requirements: a) Right-of-Way: The applicant must show a total of 100 feet of right-of-way for County Road 23 on the final plat. The applicant is required to obtain an access permit from the Engineering Department for all work in the right-of-way. b) Road Sections & Pavement Design: The applicant is required to provide cross-sectional details of the proposed road for approval by Engineering. This should include subgrade preparation information (as recommended in the soils report) on the cross-section plans. The applicant should also provide the pavement design calculations for Levi Court. c) Internal Road Modifications: The applicant must revise the final plat to add hammerheads or cul-de-sacs at the ends of the internal road to allow for emergency vehicle turnaround movements. d) Maintenance Agreement: A Road Maintenance Agreement is required at final plat. e) Drainage and Erosion Control Plans: The applicant shall provide a Final Drainage Plan and Erosion Control Plan in accordance with County requirements. The plans must include information regarding any impacts to the Handy Ditch. The Drainage Plan should also include information on how water flows cross the proposed driveways, and the design of the proposed culvert at the intersection of Levi Court and County Road 23. f) The applicant shall provide a plan for approval by the Engineering Department for auxiliary lane improvements along County Road 23. This plan shall be coordinated with the plans from other development applications currently under review between County Road 23 and State Highway 56; 3. Larimer County Department of Health and Environment requirements: a) Engineered Sewer Systems: Because of the presence of slow percolating soils, the individual lots shall require engineered sewer systems instead of conventional septic systems. A note shall be added to the final plat to inform buyers that preliminary soil test results indicate that slow percolation soils will necessitate the design and installation of engineered sewer systems, and that these systems are more expensive to install and maintain then conventional septic systems. b) Handy Ditch Setback: As any sewer system has the potential to impact Handy ditch, a minimum setback of 100 feet is required for the sewer system. A plat note and 100' ditch line will be required on the final plat. c) Pasture Management: The applicant must provide a pasture and livestock management plan. The applicant shall limit the number of livestock animals to five per lot, unless modified by the recommendations of the Animal Task Force. If livestock are not to be allowed, the final plat shall include a note to reflect this restriction. 4. Plat Notes: The following notes shall be included on the Final Plat and incorporated into a disclosure affidavit: a) 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. b) Prairie dog colonies may exist in the area of this property and may migrate to this property. Prairie dogs have been known to carry plague. Larimer County does not perform prairie dog control. c) 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 regulation. d) There may be existing agricultural activities in this area that produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses on nearby properties. e) Because of the presence of slow percolating soils as shown in the preliminary soils test, the individual lots shall require engineered sewer systems. These systems are likely to be more expensive to install and maintain then conventional septic systems. f) 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 Division. 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. g) Engineered footing and foundation plans shall be required for all construction of these lots. h) Underground utilities shall be required. i) Lot owners are advised that a 100-foot setback exist from the edge of the Handy Ditch for all septic systems. This line shall be shown on the final plat. j) A 20-foot trail reservation exists for Lots 1 through 4, outside of and adjacent to the Handy Ditch easement, to be utilized in the future as part of the Larimer County Parks and Open Lands Department Master Trails Plan; 5. 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 9, 1998; 6. The applicant shall provide the Handy Ditch Company with copies of the Final Drainage and Erosion Control Plan; 7. The Final Plat shall show the required 20 foot utility easements along both sides of Levi Court; 8. The applicant shall include language in the covenants that recommends lot owners utilize the Larimer County Plant list for the Front Range and Prairie Grasslands, for those areas adjacent to the Handy Ditch 9. At the time of building permit, the applicant shall show the lowest habitable floor of each unit will have no less than a 3-foot separation from the seasonal high water table.
Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and recommendations and approve Levi Acres Subdivision Preliminary Plat #98-S1362, as revised and outlined above.
Motion carried 3 - 0
This is a request for a subdivision preliminary plan for 44 single- family residential lots on 274 acres. Mr. Helmick stated that staff recommended that Planning Commission Recommendation #1 be replaced with the proposed staff recommendation #1in italics and that #7 include the word "perpetual" before conservation, and that #11 be modified as follows: Prior to final plat submittal, a groundwater level analysis shall be conducted during the irrigation season and submitted to the Larimer County Health and Planning Departments for final recommendation concerning lot location and density related to on lot sewer system design. He further stated that the concerns for this item were virtually the same as those heard during Levi Acres with an emphasis on environmental impacts to Lone Tree Reservoir since the project fronts the reservoir and ground water issues. Staff findings included: 1. The development proposed is compatible with the surrounding neighborhood. The lot sizes are smaller than surrounding properties but the actural development utilizes less than half the allowable density. Buffers to surrounding development and environmental feeatures further improve the compatibility, 2. The plan as propsosed and with certain modificaitons to improve the buffering and allow for lots, which allow for placement of individual sanitation system is consistent with Master Plan strategies for rural development, 3. The proposal with certain modificaiotns is consistent with the recommendations of referral and commenting agencies, 4. The application is technically consistent with the technical standards of the regulations, 5. The applicant and or others must improve specific intersections along County Road 23 to assure the provision of adequate transportation facilities, 6. The subdivision plan preserves and buffers identified environmental resources on and adjacent to the site, 7. The plan is approporiate for the terrain and physical features of the site.
Commissioner Disney asked why the setbacks from Lone Tree Reservoir were not similar to those imposed on Fossil Creek Reservoir. Mr. Helmick stated that the wildlife impacts were not the same. Commissioner Disney asked if increasing the setback to 200 feet would impair the ability to build on the adjacent lots. Mr. Helmick stated that the building envelopes could be setback 200 feet, but would need the septic systems within the setback. Commissioner Disney asked if the second access was dedicated or improved. Mr. McDaniel stated that the access would be improved.
Mr. Tom Honn, representative for the applicant, stated the proposal was compatible with properties in the area and that the density proposed was less than zoning allowed. He noted that at the neighborhood meeting, there was concern raised with the second access connecting to the existing Lone Tree Drive. He explained the applicant was proposing that a "knock down" barrier be put in place to prevent through traffic. Mr. Honn also stated that groundwater was not anticipated to be a problem since the site was located above the reservoir, and the applicant was in agreement with all proposed recommendations.
Commissioner Disney asked if the applicant was willing to increase the setback from the reservoir to 200 feet. Mr. Nordhaugen, the applicant, stated that if the Health Department did not have issue with the septics being located within the setback, then he could agree to a 200-foot setback.
At this time the hearing was opened for public comment. The following persons addressed the Board: Jeff Barina, Tom Connelly, Rob Strieby, Hugh Templeton, Bill Zuzelski, Emma Zuzelski and Megan Hammel. Their concerns were much the same as Levi Acres and included: density too high, land use not compatible, proposed no large animals yet propose street lighting, and impacts on wildlife and county roads. Mr. Templeton was extremely concerned that the "knock down" barrier on Lone Tree Drive (emergency secondary access to Paradise Valley) would be knocked down and Lone Tree would become a thoroughfare. He urged the Board to deny the proposal before someone was killed. Mr. Strieby was also concerned with duck and goose hunting on the reservoir and the law, which prohibited the discharge of a firearm within 150 feet of a residence. Ms. Zuzelski reminded the Board of the recently signed resolution for the separator project between Loveland and Berthoud and urged the Board to deny the application and keep a separator between the two towns. Ms. Hammell was concerned that if the land was further divided, those with horses could no longer run their horses. Mr. Kelly Hammell asked if others in the area could subdivide. Commissioner Rennels stated that unless he was in a covenanted subdivision, which prohibited further subdivision, the area was zoned for development at one unit per 2.29 acres. Mr. Strieby reminded Commissioner Disney that he had previously denied the Windemere proposal siting incompatible density.
At this time the public comment portion of the hearing was closed and opened for rebuttal from the applicant and Board discussion. Mr. Honn stated that the zoning for Windemere was O-Open, which allowed one unit per 10 acres and the applicant was proposing a much higher density than allowed by that zoning. He also stated that the applicant was still talking with the Division of Wildlife regarding hunting at the reservoir, but that hunting could still occur from a boat on the water. Chair Olson asked for clarification on the "perpetual residual land". Mr. Nordhougen stated that lot 1 was perpetual open land and could not be further subdivided. Commissioner Disney inquired to the maintenance of the knock down barrier. Mr. Nordhougen stated that it would be maintained by the HomeOwners Association and that the Division of Wildlife would monitor the fence to be placed between the development and the reservoir, and maintenance would also be by the Association. Commissioner Rennels asked if there had been any previous problems with hunting on or at the reservoir with the existing developments. Mr. Nordhougen stated that he did not know and the Division of Wildlife had not commented.
Commissioner Disney explained that the recently signed resolution regarding the separator did not specify that development could not occur. Commissioner Rennels stated that there was no guarantee growth would not occur, and that landowners should be aware of the underlying zoning on the property they were purchasing. Commissioner Disney agreed and stated the Board could not arbitrarily take away the right to develop when the applicant had met all rules and regulations. Commissioner Disney asked about proposed lighting and Mr. Helmick stated that lights were not been proposed.
The Planning Commission/Staff recommendation is for approval of Paradise Valley Subdivision Preliminary Plan for 44 single family residential lots on 274 acres, once the following revised conditions have been met. When the following conditions have been met, a resolution will be signed and recorded: 1. The applicant is responsible for improvements to CR. 23 at the access point for this development; 2. The Final Plat application must include a final drainage report. This report must address but control of drainage and the need for maintenance water quality; 3.The Final Plat application must include all necessary agreements with the two-affected ditch companies and the Colorado Division of Wildlife; 4. All lots shall be subject to all fees in place at the time of building permit application, including and not limited to Capital Expansion Fees for County and Regional Roads, Cash in lieu of dedication fees for schools and parks, and drainage fees; 5. The applicant must comply with the recommendations of the traffic impact report, including the installation of all recommended facilities; 6. The Final Plat must detail and locate the building envelope for Lot 1 and all lots adjacent to the reservoir shall have designated building envelopes not less that 200 feet from the high water mark of the reservoir; 7. The applicant shall place a perpetual conservation easement on lot 1 and submit a management plan for Lot 1 as a part of the Final Plat application. This plan will be reviewed to insure adequate measures are in place to insure its viability as an agricultural parcel; 8. The Final Plat must contain notes with respect to the following items: a) All notice and notes required by the Ditch Companies; b) All notes and notices required by the Colorado Division of Wildlife; c) The standard notes with respect to rural area issues and mosquito control; d) A requirement for engineered footings and foundations; e) 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, 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; f) Preliminary soil test results indicate that slow percolation soils and shallow bedrock will necessitate the design and installation of engineered sewer systems. Perspective lot purchasers should research the issue of installing a sewer system as part of their decision about buying a lot; 9. Large animals will be allowed on lots 1, 18, 19, and 20 only and a management plan for each will be submitted; 10. At the time of building permit, the applicant shall show lowest habitable floor of each unit will have no less than a 3-foot separation from the seasonal high water table; 11. Prior to final plat submittal, a groundwater level analysis shall be conducted during the irrigation season and submitted to the Larimer County Health Department and Planning Department for final recommendation concerning lot location and density related to on lot sewer system designs; 12. The Paradise Valley Home Owners Association shall be responsible for the maintenance of internal roadways and emergency access roads and pertinent facilities including knockdown barriers; 13. Proposed knockdown barrier and fencing at the Lone Tree Drive and emergency access intersection shall be reviewed and approved by the Berthoud Fire District; 14. Street lighting within the subdivision shall be prohibited.
Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and Planning Commission/ Staff recommendations and approve Paradise Valley Estates Subdivision # 99-S1368 with the conditions as revised and outlined above.
Motion carried 3 - 0.
The hearing adjourned at 10:15 p.m.
TUESDAY, FEBRUARY 29, 2000
The Board of County Commissioners met in regular session at 9:00 a.m. with Assistant County Manager Neil Gluckman; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Carol Evans, Planner II, Dan Kunis, GIS Specialist, Fred Starr, Planner II, Deni LaRue, Community Information Officer, and Donna Hart, Commissioners Office Administrative Manager, Carol Block, Director of Finance, Carl Cooper and Bill Nelson, Sheriff's Department, Bob Keister, County Budget Manager, K-Lynn Cameron, Open Lands Manager, Greg Pickett, Director of Parks, Myrna Rodenberger, Clerk and Recorder, John Kammerzell, Clerk and Recorder Chief Deputy, Larry Timm, Director of Planning and Sara Flick, Environmental Planner. Recording Clerk: Jean O'Connor.
Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for February 21, 2000 as submitted.
Motion carried 3 - 0.
3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF MARCH 6, 2000:
Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of March 6, 2000.
Motion carried 3 - 0.
--Invitations: Ms. Hart reviewed pending invitations with the Board.
4. APPROVAL OF CONSENT AGENDA:
Commissioner Disney moved that the Board of County Commissioners approve the following Petitions for Abatement and documents as listed on the Consent Agenda for Document Review on February 29, 2000:
PETITIONS FOR ABATEMENT, as recommended by the County Assessor, were approved for the following: DMD Construction; Albert B. Mauk and Karen Ronkainen; and Seokjim & Sarah G. Lee.
MISCELLANEOUS DOCUMENTS: Adoption of Letter of Support from the Board of County Commissioner for the Carter Lake: Eagle Campground Improvement and Expansion Project Grant Application to Great Outdoors Colorado; Grant Application for the Office of Emergency Management- State Hazard Mitigation Program Grant; Colorado Division of Wildlife Impact Assistance Grant Application- State PILT; Proposal for Agricultural Processing Feasibility Grant for Crop Feasibility Study, and Juvenile Accountability Incentive Block Grant (98-JB-08-19).
LIQUOR LICENSES: County approval for renewal of liquor licenses was granted to: Lovin Oven- 6%- Loveland, CO; Al Fresco Great- 6%- Fort Collins, CO; Loveland Country- 3.2%- Loveland, CO; Inlet Bay Marina- 3.2%- Fort Collins, CO, and a permit for Scorched Tree Bed and Breakfast- 3.2%- Bellvue, CO.
A00-30 ADDENDUM TO COUNTY ATTORNEY SERVICE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HARDEN, HASS, HAAG AND HALLBERG, P.C.
A00-31 AGREEMENT BETWEEN ENTERPRISE FLEET SERVICES AND THE BOARD OF COUNTY COMMISSIONER (Leasing of vehicles for the Undercover Narcotics Unit)
A00-32 LEASE AGREEMENT BETWEEN GB VENTURES, LLP AND THE BOARD OF COUNTY COMMISSIONERS (Consolidation Family and Children Services)
A00-33 LEASE AGREEMENT BETWEEN GB VENTURES, LLP AND THE BOARD OF COUNTY COMMISSIONERS (Administrative Groups)
A00-34 OPTION AGREEMENT BETWEEN GB VENTURES, LLP AND THE BOARD OF COUNTY COMMISSIONERS (Option to Purchase Lot 27, Prospect Industrial Park)
A00-35 AGREEMENT BETWEEN LEWAN & ASSOCIATES, INC. AND THE BOARD OF COUNTY COMMISSIONERS FOR THE USE AND BENEFIT OF THE SHERIFF'S DEPARTMENT (Copier rental agreement)
A00-36 AGREEMENT BETWEEN LEWAN & ASSOCIATES, INC. AND THE BOARD OF COUNTY COMMISSIONERS FOR THE USE AND BENEFIT OF THE SHERIFF'S DEPARTMENT (Copier rental agreement)
C00-03 CHANGE ORDER LETTER FY 1999-2000 CONTRACT BETWEEN THE DEPARTMENT OF CORRECTIONS, DIVISION OF COMMUNITY CORRECTIONS AND THE BOARD OF COUNTY COMMISSIONERS (Increase contract amount for Monitoring Serviced Provided to the Department of Corrections)
C00-04 FUNDING LETTER/ FUNDING CHANGE LETTER FOR FY 1999-2000 INTERGOVERNMENTAL CONTRACT BETWEEN THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT AND THE BOARD OF COUNTY COMMISSIONERS (Provide funding from CDLE to operate the Summer Job Hunt)
C00-05 CONTRACT AMENDMENT BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LABOR AND EMPLOYMENT AND THE BOARD OF COUNTY COMMISSIONERS (Extend period of performance for One-Stop Implementation)
C00-06 EXTENSION OF CONTRACT BETWEEN MUNICIPAL CODE CORPORATION AND THE BOARD OF COUNTY COMMISSIONERS
C00-07 CONTRACT AND COUNTERPROPOSAL FOR THE SALE OF LOT 71, GLACIER VIEW MEADOWS 12TH FILIING PUD BY THE BOARD OF COUNTY COMMISSIONERS TO TERRY AND TODD GRAVES
C00-08 ADDENDUM TO CONTRACT FOR PROFESSIONAL/ TECHNICAL SERVICES BETWEEN THE COARD OF COUNTY COMMISSIONNERS AND STOVE PRAIRIE INSPECTION SERVICES OF LARIMER COUNTY
D00-05 DEED OF DEDICATION OF PROPERTY AS RIGHT OF WAY (Dedication of County property for use of public highway)
D00-06 DEED OF DEDICATION FOR CROSSROADS COVENANT CHURCH TO THE BOARD OF COUNTY COMMISSIONERS (Right of Way purchase County Road 17 & 28)
R00-38s RESOLUTION REGARDING APPROVAL OF AMENDED EXEMPTION OF ARNOLD AND BARNHART EXEMPTION
R00-39s RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE SWIFT ADDITION TO THE FOSSIL LAKE PLANNED UNIT DEVELOPMENT
R00-40s RESOLUTION APPROVING THE MASTER PLAN AND PRELIMINARY PHASE PLAN OF VISTA AT COTTONWOOD SHORES 2ND PLANNED UNIT DEVELOPMENT
R00-41s RESOLUTION APPROVING THE ELIJAH MINOR RESIDENTIAL DEVELOPMENT
R00-42s RESOLUTION APPORVING AN AMENDED PLAT REDUCING AND RECLASSIFYING AN EASEMENT IN KITCHELL SUBDIVISION, LOTS 13 AND 14
R00-43z RESOLUTION APPROVING THE REZONING OF LOTS 2A AND 3A OF THE AMENDED PLAT OF LOTS 2, 3 AND 4 OF THE REPLAT OF LOT 2, COTTON WILLOW ESTATES, 6TH FILING
R00-44s RESOLUTION APPROVING THE OFP DEVELOPMENT NIMOR LAND DIVISION
R00-45z RESOLUTION APPROVING THE MASTER PLAN, PRELIMINARY PHASE PLAN AND REZONING OF EAGLE RIDGE ESTATES PLANNED UNIT DEVELOPMENT
R00-46s RESOLUTION APPROVING THE RELEASE OF COLLATERAL FOR PHILLIPS MINOR RESIDENTIAL DEVELOPMENT SUBDIVISION PLAT
R00g-49g RESOLUTION APPROVING THE CONVEYANCE BY THE BOARD OF COUNTY COMMISSIONERS TO THE LARIMER LAND TRUST
Motion carried 3 - 0.
Commissioner Disney asked if other requests had been received for the County dollars. Ms. Block stated that she had received inquiries only and that it was better to allocate the dollars sooner than later since applicants still needed to petition the state for additional dollars.
Commissioner Rennels moved that the Board of County Commissioners approve the Assignment of Private Activity Bond to the City of Fort Collins in the amount of $1,579,750 for use in financing of a 45 unit assisted living housing project in southeast Fort Collins, as requested.
Motion carried 3 - 0.
R00g-47g RESOLUTION AUTHORIZING ASSIGNMENT TO THE CITY OF FORT COLLINS OF A PRIVATE ACTIVITY BOND ALLOCATION OF LARIMER COUNTY PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT
A00-37 AGREEMENT BETWEEN LARIMER COUNTY BOARD OF COMMISSIONERS AND THE CITY OF FORT COLLINS FOR ASSIGNMENT OF 2000 PRIVATE ACTIVITY BOND ALLOCATION
6. REORGANIZE AND RECLASSIFY POSITIONS IN THE SHERIFF'S OFFICE: Captain Carl Cooper and Deputy Bill Nelson requested the ability to reorganize and reclassify positions to more effectively utilize existing staff and reallocate duties to a new staff member. Mr. Nelson proposed adding a fourth FTE to Patrol transferring a position from Emergency Services. He noted that other needs could be addressed from savings due to reclassifying positions in Emergency Services and through addition revenue negotiated with the Town of Wellington. They clarified that additional dollars were not being requested. Captain Cooper stated that the department would downgrade new auto purchases in order to save additional dollars. The type of auto would be determined at a later date by Darrell Frank and Bob Keister. Mr. Keister stated that the request for reclassification was acceptable with the additional revenue from Wellington of $41,000; this money was not in the current budget.
Commissioner Disney moved that the Board of County Commissioners approve the request to reorganize and reclassify positions in the Sheriff's Office as outlined in the memo dated February 22, 2000 to Frank Lancaster.
Motion carried 3 - 0.
Commissioner Disney moved that the Board of County Commissioners approve the acquisition of 23 acres along the East Side of Devil's Backbone and the expenditure of $340,000 from Open Lands Fund for the Reservoir Improvements Projects for 2000.
Motion carried 3 - 0.
R00-48g RESOLUTION FOR THE EXPENDITURE OF FUNDS FROM THE OPEN LANDS FUND FOR PURCHASE OF PROPERTY AT DEVIL'S BACKBONE
Ms. Cameron also requested the expenditure of $340,000 from the Open Lands Fund for Reservoir Improvement Projects for 2000; she noted that additional funds would be provided through the Bureau of Reclamation and GO Colorado. Ms. Cameron stated that reservoir projects include Carter Lake Improvements and Expansion of Eagle Campground- $290,000, Carter Lake South Shore Day Use Area- $40,000, and Flatiron Reservoir Campground Expansion- $10,000.
Commissioner Rennels moved that the Board of County Commissioners approve the expenditure of $340,000 from the Open Lands Program Fund, as recommended by the Open Lands Advisory Board for the proposed Reservoir Improvement Projects for the year 2000.
Motion carried 3 - 0.
Commissioner Rennels stated the commissioner bill to increase salaries had passed in two committees and was now headed for the Senate. Commissioner Rennels also noted she was working with CCI on several bills, one of, which was a sales tax bill to eliminate the restaurant tax.
10. EXECUTIVE SESSION
Commissioner Disney moved that the Board go into Executive Session at 10:50 a.m. to discuss contract negotiations with Dave Spencer, Facilities Director.
Motion carried 3 - 0.
The Executive Session ended at 11: 15 a.m. with no action taken.
At this time County Attorney George Hass, Assistant County Attorney Jeannine Haag, and Larry Timm, Director of Planning joined the meeting for Legal Matters.
11. LEGAL MATTERS
Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 11:20 a.m. to obtain confidential legal advice.
Motion carried 3 - 0.
The Executive Session ended at 11:45 a.m.; no action taken.
MEETING WITH K-LYNN CAMERON, OPEN LANDS MANAGER
The Board of County Commissioners reconvened at 1:30 p.m. with K-Lynn Cameron, Open Lands Manager. Chair Olson presided and Commissioner Rennels attended. Also in attendance were: Greg Pickett, Director of Parks and Open Lands, Charlie Gindler, Open Land Technician, and Jerry White, Right-of-Way Agent. Recording Clerk, Jean O'Connor.
INFORMATION ITEMS: Ms Cameron informed the Board that Charlie Gindler and Kerri Traynor were recently hired as Open Lands Technician. Ms Cameron also stated Daryl Burkhard has resigned but will be working part time until mid May. She also informed the Board of a contract for 778 acres of additional Corridor Open Space, bringing a total land acquisition on the West Side of State Highway 287 to over 3800 acres.
ACTION ITEMS: Ms. Cameron presented a proposal for management of Lions Park and the Big Thompson River Parks. The proposal went before the Open Lands Advisory Board on February 24, 2000 and received a recommendation to move forward. Mr. Pickett stated that Estes Park Recreational District was amiable to the management of the parks if the cost to manage was split for the next five years. It was anticipated that an Intergovernmental Agreement would be written transferring these management responsibilities. The approximate cost would be $7,500 annually from the Open Space Tax. The City of Loveland was not interested in the additional responsibility of managing the two parks closest to them due to budget cuts. Mr. Pickett further stated that Open Lands would be responsible for the management of Glade Park at a cost of $6,500, and lastly, Lion's Park would cost $18,000 to operate and manage on an ongoing basis due to size, infrastructure and vegetation. The total cost to the Open Space Program would be $32,000 in the first year. All costs would be tied to the Denver CPI for annual estimate. Commissioner Rennels asked if the proposal before them was legal? Ms. Cameron stated that she had worked with Mr. Hass, County Attorney on the transactions and it had always been anticipated that Lion's Park would be the County's trailhead west to the Poudre River Trail; she further noted that the ballot language allows for joint ventures with other entities to maintain and keep parks open.
During the discussion of this item, Commissioner Disney joined the meeting.
Commissioner Rennels moved to approve the expenditure of $32,000 in the first year from the Open Space Sales Tax for the management of Lions Park, Glade Park, Forks Park and Sleepy Hollow Park as presented.
Motion carried 2 - 0; Commissioner Disney abstained since he was not present for most of the discussion.
Ms. Cameron provided an update on the Parrish Trail and Conservation Easement for 382 acres at the Boulder/ Larimer County Line and that the project was moving forward with contingencies. Negotiations for the trailhead were ongoing as well as efforts to obtain a permit to cross the ditch, which would allow the trail to continue in Boulder County to Rabbit Mountain. Boulder, however, does not have the project high on their priority list.
Ms. Cameron asked the Board if they would send a letter to the Boulder County Commissioners urging them to see the significance of the project for the citizens of both counties and to move forward at a more expedient pace.
Ms. Cameron noted that she is bringing the proposal back to the Board as it has changed significantly from the previously approved project with respect to the triangle piece of land on the other side of the ditch; she stated that the proposal now included three additional homesites across the property without going through the planning process. Ms. Cameron stated that the four lots would be platted across the entire property. Much discussion ensued regarding how the new lots came to be and what dollar value had been placed on them. It was suggested that Laura Stone from the Larimer Land Trust attend a future meeting with the Board and Ms. Cameron to address the issue.
Commissioner Rennels moved that the Board of County Commissioners send a letter of support of the Parrish Trail and Conservation Easement to the Boulder County Commissioners; Ms. Cameron will draft the letter and return it for the Chair's signature.
Motion carried 3 - 0.
Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 2:20 to discuss land acquisition.
Motion carried 3 - 0.
The Executive Session ended at 2:40; no action taken.
CHERYL OLSON, CHAIR LARIMER COUNTY
BOARD OF COMMISSIONERS
MYRNA J. RODENBERGER
LARIMER COUNTY CLERK AND RECORDER
( S E A L )
Jean M. O'Connor, Deputy County Clerk