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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, April 24, 2000

LAND USE PLANNING HEARING

(#596 & 597)

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 Fred Starr, Planner II and Jeannine Haag, Assistant County Attorney. Recording Clerk: Jean O'Connor.

Tabled from March 20, 2000:

  1. AMENDED PLAT OF TRACT "A" OF THE AMENDED PLAT OF LOTS 9 AND 15, FIRST REPLAT OF PUEBLE VISTA ESTATES. SE 1/4 OF 36-08-69; - IN THE PUEBLE VISTA ESTATES SUBDIVISION BETWEEN LORRAINE DRIVE AND MARLENE DRIVE.

This is a request to create a building envelope on a portion of Tract "A" which is a detention pond, drainage and utility easement. Staff findings include 1. On April 23, 1986, the Larimer County Board of Commissioners voted to approve a request for the "Amendment of Lots 9 and 15 and release of lot sale restriction on Lots 9, 10, 11, and 13 through 19 of the First Replat of Puebla Vista Estates Subdivision". One of the findings made by the Board was: #3 "That the applicant proposes to amend two existing building sites, Lots 9 and 15, into a non-building site for the purposes of construction of a drainage detention pond that will relieve an undesirable drainage situation in the development" (See Attached Finding and Resoultion); 2. As noted in Section II of this report; when Tract "A" was created in 1986 by the replat of Lots 9 and 15, First Replat of Puebla Vista Estates the following plat notes were recorded as part of the final plat: a) @ Denotes 1/2 " rebar found; b) Maintenance of the detention facilities on Tract "A" and the outlet drainage facilities to the Larimer-Weld Canal shall be the responsibility of the owner of Tract "A"; c) At the time when the drainage and detention facilities are no longer required on Tract "A", the owner may have the right to apply to replat Tract "A" into two residential lots; d) No building permits are to be issued for Tract "A" of this amended plat; e) The new tract created by this action is subject to the same restrictions, covenants, and regulations as set forth in the plat of record of the First Replat of Puebla Vista Estates; f) Larimer County has no responsibility for road improvements or maintenance in the First Replat of Puebla Vista Estates. Any future improvements will be the responsibility of the owners of said "Replat" or through a Special Improvement District for both Puebla Vista Estates or the First Replat of Puebla Vista Estates; 3. Note #3 indicates that Tract "A" may be replatted into two residential lots at the time it is determined that the drainage and detention facilities are no longer required on Tract "A". At this time, a drainage and detention facility is still required; 4. Detention and drainage facilities are still required, therefore the replatting of Tract "A" does not meet the requirement as noted on the recorded final plat; 5. Currently all maintenance and improvements associated with the drainage and detention facilities are responsibility of the owner of Tract "A". If the current request were approved, this responsibility would be transferred to the future owner of a building site identified as Lot 1; 6. The Larimer County Engineer has indicated that the existing detention and drainage facilities are in need of maintenance and repair regardless of the current application. The Planning Department supports the position of the County Engineer that improvements need to be made to the existing detention and drainage facilities, and that provisions must be made for the future long-term maintenance of these facilities; 7. The applicant has not demonstrated that the detention and drainage facilities are no longer needed on Tract "A" as required by Note #3 on the existing recorded final plat; 8. The current application for an Amended Plat does not meet the requirements for approval of an "Amended Plat" per Section 6.3. Larimer County Subdivision Regulation (January 1994); 9. Section 6.4. of the Larimer County Subdivision Regulation (January 1994) identifies the procedure for the resubdivision of a tract within a subdivision. Per Section 6.4.A "The resubdivision of any lots, tracts or parcels, or the relocation or addition of roads within a subdivision shall be considered a resubdivision and shall be prepared and submitted in compliance with the requirements for subdivision as set forth in this Resolution"; 10. The staff does not recommend that the responsibility for the detention and drainage facilities be assigned to the future owner of a platted building lot. Staff recommendation is to DENY the request for approval of an Amended Plat of Tract "A" of the Amended Plat of Lots 9 and 15, First Replat of Puebla Vista Estates, per the comments and findings referenced in this report.

Mr. Starr stated that there was no change in staff comments or recommendations. Mr. Bob Morris, owner of lot 1, stated that there did not seem to be any opposition to creating a builing site on the lot and he is willing to dig culverts, place piping for drainage and cut a driveway into the new building site at his expense and according to the engineered plans for the detension basin approved with this request. However, Mr. Morris would like a "hold harmless" agreement from the homeowners association and the County prior to starting the improvements; be allowed 3 to 4 years to complete the improvements; and the lot sale restriction removed so he can borrow money to make the improvements. In addition, Mr. Morris stated that he had mailed a check to the county for $5,500 as requested, to be applied toward the improvements, but the County returned the check with a note that they did not know what it was for. Commissioner Rennels asked if Mr. Morris objected to a hold on any building permits until after the improvements were completed. Mr. Morris did not object and further stated that he had tried to work with the homeowners association regarding the necessary improvements and the association indicated that they did not care to participate now or in the future. Mr. Starr suggested that the homeowners association might participate in future maintenance if the initial improvements were complete.

Mr. Ken Barker, president of the homeowners association, stated that the association did not want anything to do with the lot or tract due to potential liability and the lack of money to maintain the tract. He suggested the County take the property and add it to the County's Northern Stormwater Improvement District.

Commissioner Disney was concerned with maintenance of the new tract and how future owners of lot 1 would be notified that they are required to maintain the tract. Mr. Morris suggested the deed to the lot contain notification of the requirement to maintain the detention pond.

Much discussion ensued regarding passing the problem on to future property owners, the lack of the homeowner associations' willingness to participate in the improvements, and what the applicant was asking of the Board at this point.

Chair Olson suggested that Board could deny the request or the applicant could consent in writing to have the request tabled again to allow staff to write conditions of approval for consideration by the Board. Mr. Morris reluctantly agreed to be tabled again and anticipates taking the previously approved drainage improvement plan and fixing it himself.

M O T I O N

Commissioner Rennels moved that Puebla Vista Estates Replat of Tract A #98-SA1216 be tabled to June 26, 2000 at 3:00 p.m. in the Board of County Commissioner' Hearing Room, as requested in writing by the applicant.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned at 4:00 p.m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TUESDAY, APRIL 25, 2000

ADMINISTRATIVE MATTERS

(#597)

The Board of County Commissioners met in regular session at 9:00 a.m. with County Manager Frank Lancaster; Chair Pro-Tem Rennels presided and Commissioner Disney was present. Also present were Jeannine Haag and Nate Donavan, Assistant County Attorneys; Donna Hart, Commissioner's Administrative Manager; K-Lynn Cameron, Open Lands Manager; Ralph Jacobs, Director of Human Resources; Randy Ratliff, Larimer Center for Mental Health; and Matt Lafferty, Planner II. Recording Clerk: Jean O'Connor.

1. PUBLIC COMMENT: No one appreared to address the Board during open session for public comment.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 17, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the minutes for the week of April 17, 2000 as presented.

Motion carried 2 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF MAY 1, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the schedule for the week of May 1, 2000 as presented.

Motion carried 2 - 0.

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

  1. CONSENT AGENDA:

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the consent agenda for document review on April 25, 2000:

MISCELLANEOUS DOCUMENTS: Personnal Authorization request in the Workforce Center for a Loveland Secretarial Position to approve an increase from a 60% position to an 80% position.

LIQUOR LICENSES: County approval for renewal of liquor license was granted to: Overland Foods- 3.2%- LaPorte, CO. Liquor licenses were issued to Fort Namaqua Wine and Spirits- 6%- Loveland, CO; Red Feather Lakes Library Foundation- 6%- Red Feather Lakes, CO Special Events Permit; Pot Belly Restaurant and Lounge- 6%- Red Feather Lakes, CO; JJ's Lounge- 6%- Fort Collins, CO; 287 Discount Liquors, Inc.- 6%- Fort Collins, CO; Rustic Liquors- 6%- Bellvue, CO; Rustic Resort- 6%- Bellvue, CO; Sandy's Convenience Store- 3.2%- Fort Collins, CO; and Aspen Lodge- 6%- Estes Park, CO.

A00-57 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF THORNTON FOR A TEMPORARY CONSTRUCTION EASEMENT

A00-58 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DYECREST FOR A BRIDGE REPLACEMENT ON LARIMER COUNTY ROAD 1 (WCR 13)

A00-59 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES- MEMORANDUM OF UNDERSTANDING FOR THE TANF AND CHILD CARE ASSISTANCE PROGRAMS

C00-19 CONTRACT RENEWAL BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF CORRECTION, DIVISION OF COMMUNITY CORRECTIONS (Dept of Corrections routing #99CAA00100)

C00-20 COUNTERPROPOSAL CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CHERYL A. CHARBONEAU AND CAROLYN R. DAVIS FOR THE SALE OF REAL ESTATE

C00-21 ANNUAL COMMUNITY SERVICE BLOCK GRANT WAIVER CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS, COMMUNITY SERVICES BLOCK GRANT PROGRAM AND LARIMER COUNTY

R00-88g RESOLUTION AMENDING THE LARIMER COUNTY LAND USE CODE- RURAL LAND USE PROCESS

Motion carried 2 - 0.

5. PROCLAMATION OF MENTAL HEALTH AWARENESS MONTH: Mr. Ratliff presented the proclamation for Board approval and informed them of the events planned to recognize the Larimer Center for Mental Health and public awareness of mental health in general. Commissioner Disney read the proclamation for the record.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim the month of May as Mental Health Awareness Month.

Motion carried 2 - 0.

6. REQUEST TO MOVE UP PARTIAL FUNDING FOR NEW HUMAN RESOURCES/PAYROLL SYSTEM FROM 2001 TO 2000: Mr. Jacobs stated that the acquisition and implementation of a new Human Resources and Payroll Information System was already approved for 2001; however, planning for this system is a very time and resource consuming process and is essential to a successful system implementation. He further noted that the planning and selection phase of a system must take place this year, which necessitates shifting some of the approved funding to 2000 instead of 2001. Commissioner Disney asked if the Budget Manager had reviewed and approved the request and where was the money will come from for the 2000 allocation. Mr. Lancaster stated that $30,000 would be carryover from Human Resource last year and the balance had already been set aside but would be spent this year instead of next.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the restructured expenditure plan and adjustment of the Capital Plan budget for 2000 by appropriating $139,340 to the newly created Human Resources/Payroll Project GL in the replacement plan fund under the Information Management Division org.

Motion carried 2 - 0.

7. APPOINTMENT OF LARIMER COUNTY LIAISON FOR THE CITY OF FORT COLLINS COMMISSION ON THE STATUS OF WOMEN: Mr. Jacob informed the Board that Nancy Meginness had resigned from her duties as liaison when the Mental Health Center formed its own for profit agency. Mr. Jacob asked for approval and support of the nomination of Kim Walkenhorst to serve as the County's liaison.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Kim Walkenhorst as Larimer County Liaison to the City of Fort Collins Commission on the Status of Women.

Motion carried 2 - 0.

8. WORKSESSION: Mr. Lancaster presented the Board with an Internet Tax Resolution and stated that Congress is going to extend the current internet tax moratorium, which does not expire for another 17 months. Mr. Lancaster informed the Board of the ramifications of the moritorium and how government and business owners alike are losing tax dollars and sales to the internet since no tax is currently collected. Much discussion ensued regarding the extension of a moritorium, which hasn't even expired.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners sign the resolution against the extension of the moritorium.

R00-89g RESOLUTION AGAINST CONGRESSIONAL ACTION TO EXTEND THE INTERNET TAX MORATORIUM

Motion carried 2 - 0.

Mr. Lancaster stated that the Cinco DeMayo Committee had requested a $500 contribution from the County and asked the Board for support.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a $500 allocation from the Commissioners Special Projects Fund in support of the Cinco DeMayo Festivities.

Motion carried 2 - 0.

9. COMMISSIONER REPORTS: Commissioner Disney stated that the I-25 Corridor Study was moving forward; also that several municipalities had new Board members and one on one meetings with these municipalities should be scheduled immediately to get aquainted.

10. LEGAL MATTERS: Mr. Donavan requested approval of documents for the Parrish Ranch acquisition; two of which were approved last week but have been revised at the request of other parties.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the execution of the following documents: (Revised) Declaration of Covenants, Conditions and Restrictions dated 4/25/00; (Revised) Agreement Concerning Donation from Curt and Jennifer Heckrodt; Deed of Trust securing the previously executed Promissory Note; and Deed of Easement for a trail easement to cross a portion of the 70-acres retained by the Parrish family.

A00-60 AGREEMENT CONCERNING DONATION FROM CURT AND JENNIFER HECKRODT DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ATTACHED (replaces agreement A00-55)

D00-07 DEED OF EASEMENT FOR A TRAIL EASEMENT TO CROSS A PORTION OF THE 70-ACRES OF PARRISH PROPERTY

D00-08 DEED OF TRUST SECURING A PREVIOUSLY EXECUTED PROMISSORY NOTE TO JESSE L AND DONNA L. PARRISH

Motion carried 2 - 0.

Ms. Haag informed the Board that the applicant for Allison Estates PUD was disputing a condition of approval which did not accurately reflect testimony given during the public hearing and abiding by the condition would greatly reduce several lot sizes. After reviewing the videotape of the public hearing, THE CONSENSUS OF THE BOARD was that the applicant complies with the Findings and Resolution recorded for Allison Estates or the applicant could appeal the condition of approval.

There being no further business, the session adjourned at 11:20 a.m.

 

 

_________________________________________

KATHAY RENNELS, CHAIR PRO-TEM

LARIMER COUNTY BOARD OF COMMISSIONERS

 

 

 

MYRNA RODENBERGER

 

 

(SEAL)

 

ATTEST:

 

___________________________________

Jean M. O'Connor, Deputy County Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.