PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
Monday, May 8, 2000
LAND USE PLANNING MEETING
The Board of County Commissioners met in regular session at 3:00 p.m. with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Sarah Flick, Environmental Planner; Fred Starr, Planner II; Al Kadera, Planner II; Sean Wheeler, Planner II; Jim Reidhead, Director of the Rural Land Use Center; Jeannine Haag, Assistant County Attorney; Rusty McDaniel, Project Engineer; Candace Phippen, Code Enforcement Officer; Dan Ellis, Code Enforcement Officer; and Doug Ryan, Environmental Health Planner. Recording Clerk, Jean O'Connor.
Chair Olson stated the following items are consent and would not be discussed unless requested by the Board or members of the audience.
Mr. Starr presented the Board with revised conditions of approval for Michael Paint Ball/ Stable Special Review and the applicant, Ms. Maritza Michael stated that she agreed with the revised conditions.
This is a request for an amended Plat of Tract A and Tract B; The owner of Tract A wants to buy 2.4272 acres of neighboring Tract B. Tracts A and B are both currently, approximately 4 acres. Staff recommendation is that the request meets the requirements of the Larimer County Land Use Code and would therefore recommend the Board of County Commissioners approve the proposed amended plat of Tracts A and B of the Damon Berry Exemption, File #00-S1558 with one condition: 1. The owners of Tract B, Douglas and Alison Miles need to renew Permit 91-F7143 and request the final inspections for an addition that was made to the single family residence in 1991.
2. MICHAEL PAINTBALL / STABLE/ BED & BREAKFAST - SPECIAL REVIEW: NW 1/4 OF SECTION 24,T12N, R72W; 35655 NO. U.S. HWY 287.
This is a request to allow the operation of a Bed & Breakfast and Horse Boarding Stable on Parcel # 22240-00-021 and a Paintball Shooting Range Parcel # 2224-00-019. Staff is recommending that the applicant enter into a Development Agreement to assure compliance with conditions of approval. Staff recommendation is approval subject to the following conditions: 1.The applicant will comply with all Larimer County Heath Department requirements as may be imposed for the uses identified by this request; 2. All proposed access roads are to be a minimum of 20 feet in width and surfaced with an all weather material such as gravel or road base. (This would be the access road from U.S. Highway 287 to the House site on Tract "D" where the bed and breakfast operation is proposed and from U.S. Highway 287 to the proposed paintball site located on Tract "A".); 3. The applicant must comply with any requirements from the Colorado Department of Transportation regarding any changes in access to U.S. Highway 287; 4. The applicant will be required to provide a 750-gallon water cistern to be located adjacent to the parking area for the proposed paintball activity. The cistern shall have compatible fittings with that of the Livermore Fire Department. This cistern is to provide an on-site water supply for fire-fighting purposes only; 5. The applicant shall conduct all "Paintball Related Activities" in such a manner as to prohibit any paintball pellet(s) or other paintball projectile(s) from falling onto adjacent private property; 6. The proposed Paintball Shooting Activity may be conducted at anytime during the calendar year but is restricted to the following Hours of Operation: 8:30 a.m. to 5:30 p.m. on any day; 7. The applicant shall not install artificial lighting on Tract "A" for the purpose of extending hours of operation; 8. No bleachers or grandstands shall be constructed on Tract "A"; 9. Referencing the paintball activity, in the Project Description the applicant stated that "Game players arrive as a team of 5-10 people for each team. Because the field must be reserved ahead of time, we do not allow walk-ons that are not part of the group. Traffic would consist of one arrival time in the morning and one departure time in the afternoon. Players come and leave as a group. There is ample room for at least 80 cars, however we expect 2-4 cars per team and our referee's car, which would total a max. of 10 vehicles" Based upon this information, Staff recommends that the paintball activity be limited to one "Game" per day with one arrival time in the morning and no more than 10 vehicles at any one time within the designated parking area identified on Tract "A"; 10. All paintball activities are to take place ONLY on Tract "A". No vehicles associated with participants or spectators of paintball activities are to be parked on any property other than Tract "A"; 11. The applicant shall not operate a Public Address System or other such system as part of any of the proposed uses; 12. For the paintball activity, the applicant shall provide public sanitation facilities as may be required by the Larimer County Health Department or any other regulatory agency. All such sanitation facilities shall be screened from adjacent properties and public rights-of-way. The type of screening shall be as approved by the Larimer County Planning Department; 13. Approval of a Special Use to allow a "Shooting Range" shall be ONLY for the purpose of a "Paintball Shooting Range" approval shall not include any other type shooting activity as defined by the Larimer County Land Use Code; 15. Approval of a Special Review to allow a Horse Boarding Operation shall be for no more than sixteen (16) horses only. No other livestock shall be boarded on the property unless otherwise allowed right as defined in the Larimer County Land Use Code. The total number of horses shall include horses owned by the applicant; 14. Approval of a Special Review to allow a Bed and Breakfast as defined by Larimer County shall be for no more than six (6) guests; 15. The applicant shall be required to meet all appropriate building codes for any uses approved by this Special Review; 16. Parking areas for each use approved by this Special Review shall be constructed to the standards of the Larimer County Engineering Department.
3. GRAYBILL PLANNED UNIT DEVELOPMENT & REZONING: SW 1/4 OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 69 WEST - MORE SPECIFICALLY THE SUBJECT SITE IS LOCATED ON THE SOUTH SIDE OF SE 8TH STREET APPROXIMATELY 1/4 MILE EAST U.S. HIGHWAY 287 IN LOVELAND COLORADO.
This request is 1. To rezone parcel # 95244-00-007 from FA-Farming to C-Commercial, and 2. Approval of a Planned Unit Development Master Plan for the development an 7.92 acre parcel in Three (3) Phases to allow construction of four (4) commercial buildings. Staff and Planning Commission recommendation is for approved subject to the following conditions: 1. PUD shall conform to the plans reviewed and approved by the City of Loveland on February 9, 2000. Plans consist of pages 1 thru 4, inclusive, prepared by Messner Engineering, Inc. under Project Number PLA-287-98, dated August 16, 1999; 2. Proposed zoning for the Graybill PUD shall be "C" - Commercial as defined by Larimer County Zoning Resolution dated January 1993. Uses allowed by approval of the Graybill PUD are as follows: "All uses within the "C" - Commercial District except for those uses associated with automotive sales, service and repair. Additional uses to be allowed, subject to the Special Review process, include secondary manufacture, assembly or packaging of products from previously prepared materials; manufacture of electric or electronic instruments and devices, and casting or finishing works for art works; 3. The applicant will be required to enter into an Annexation Agreement as described in Appendix "E" of the Intergovernmental Agreement for the Loveland Urban Growth Area; 4. The Applicant is subject to Site Plan Review process as described by the Larimer County Land Use Code dated November 22, 1999, as may be applied with respect to the terms of the Intergovernmental Agreement for the Loveland Urban Growth Area.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve Damon Berry Exemption Tracts A & B Amended Plat #00-S1558; Michael Paint Ball/ Stable Special Review #99-Z1289; and Graybill Planned Unit Development & Rezoning #99-S1484 as presented on the consent agenda on May 8, 2000 and amendments to items 2.
Motion carried 3 - 0.
This item was tabled from March 27, 2000:
The original application to rezone from O-Open to T-Tourist was conditionally approved. This request is to reconsider this rezoning approval. Staff findings include 1. The site was conditionally rezoned from O-Open to T-Tourist in 1983. One of the conditions required that a building permit be issued for the proposed retail center within one year; 2. The one-year time limit to acquire a building permit was extended for one additional year in 1984; 3. No building permits have been issued and none of the approved uses have commenced on the site since the rezoning approval; 4. All other properties in the Poudre Canyon are currently zoned O-Open; 5. The original rezoning was approved before the adoption of the Wild and Scenic Designation on the Poudre River and a low intensity use in an unobtrusive building would be acceptable on this site; 6. The original rezoning was approved before the adoption of the current Master Plan. Staff recommendation is for approval of T-Tourist Zoning on this site with the following conditions: 1. Uses of this site shall be limited to General Retail, Professional Office and Clinic uses as defined in Section 4.3 of the Land Use Code or a Bed and Breakfast for six or fewer guests; 2. Development of the site shall be subject to Site Plan Review as required by Section 6 of the Land Use Code which will require compliance with Standards for All Development in Section 8 of the Land Use Code; 3. Construction on this site shall be limited to a building of not more than 2,000 square feet and not more than 16 feet in height, except that a two-story structure may be constructed if of a residential design; 4. Construction materials shall be compatible with existing commercial development in the immediate area such as Rustic and Glen Echo; 5. Development on this site shall not commence until the Colorado Department of Transportation has issued an access permit; 6. An identification sign for development on this site shall be a ground mounted monument sign constructed of materials that are compatible with the construction materials used for the building.
Commissioner Disney asked how construction materials would be monitored and Mr. Kadera stated monitoring would be through the site plan review process. Commissioner Disney asked if staff, to ensure compliance, would review the site and Mr. Kadera replied in the affirmative. Chair Olson referred to the Wild and Scenic Designation for the area and asked why there was not a condition for compatibility. Mr. Kadera stated that the area was designated after the original application, however staff is trying to be compatible. Ms. Ruth Corrothers, representative for the applicant, stated that she accepted the conditions with a few changes. Amend condition #3 to allow for a possible 2 story Bed & Breakfast; increase the square footage accordingly and allow up to 8 guests or less. Mr. Kadera stated that the regulations applicable to this application state "...6 guests or less" and that if a future owner wanted to increase the number of guests they could submit a special review application; otherwise staff is in agreement with the two story building but is unsure how to word the condition. After much discussion, the following will be added to condition #3: "...except that a two story structure may be constructed if of a residential design".
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve Sattler Rezoning #00-Z1330 as amended.
Motion carried 3-0.
5. WILLIS FARMS SUBDIVISION PRELIMINARY PLAT: SE 1/4 35-04-69: ON THE NORTH SIDE OF COUNTY ROAD #2, WEST OF COUNTY ROAD #15, AT THE BOULDER COUNTY LINE.
This is a request for a Preliminary Plat to divide 52.2 acres into 13 lots and one open space tract for single family residential uses. Staff and Planning Commission recommendation is for approval of the Willis Farms Subdivision Preliminary Plat subject to the following conditions 1. The Final Plat of the Willis Farm Subdivision shall be consistent with the information contained in the file, #98-S1308 or as modified by conditions of approval; 2. The applicant shall comply with the following requirements of the Larimer County Planning Department; a. The applicant shall revise the final plat and provide an access easement to the Buehler Farm project to the west, that is located at the southwest corner of the site. The design shall be reviewed and approved by the Larimer County Engineering Department; b. The applicant shall provide a plant schedule to detail the species used in the open space and easement areas, and utilize the Larimer County Plant List for species selection in these areas. The applicant shall add or clarify the language used in the Land Management Plan to reflect this condition; c. The applicant shall reduce the allowed footprint of the barn to 1800-2000 square feet and commit to an architectural style that will not allow for habitable space. The applicant must also provide a mechanism in the covenants to ensure the barns will not be used for habitable space; d. The applicant shall add language to the covenants which clearly states that any type of horse training activity for horses not owned by the lot owners, must receive special review approval from the Board of County Commissioners (BCC). Rodeo or other horse related events are also not allowed at the site unless through special review approval; e. The applicant shall show the design, location and lighting plan for the school bus stop, to be reviewed and approved by the Engineering Department; f. The applicant should provide a signed agreement with the Ditch Company. Both the applicant and the Ditch Company shall sign the agreement, which is meant to ensure that residents comply with all rules and regulations of the Ditch Company, and that the Ditch Company has access to their easements; g. The applicant will provide language in the covenants to ensure lot owners understand their rights in relationship to what they can or can not do in relation to the New Ish Ditch. Covenants will inform owners that maintenance along the ditch may include spraying and burning to control weeds; h. Plat Notes: The following notes shall be included on the Final Plat and incorporated into a disclosure affidavit: 1)There is a potential for nuisance conflicts from wildlife such as raccoons, skunks and snakes. Lot owners should be prepared to address wildlife conflicts if they arise; 2)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; 3) 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; 4) 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; 5) Because of the presence of slow percolating soils as shown in the preliminary soil 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; 6) Engineered footing and foundation plans are required for all construction on all lots. The soil report indicates the potential for expansive soils (the soil report shall be identified here by author and report number); 7) Underground utilities are required; 8) 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; 9) Lot owners are advised that a 100-foot setback exist from the edge of the Ish Ditch for all septic systems. This line shall be shown on the final plat; 10) Lot owners are advised that any type of horse training activity for horses not owned by the lot owners, must receive special review approval from the Board of County Commissioners (BCC). Rodeo or other horse related events are not also allowed at the site unless through special review approval. 3. The applicant shall comply with the following requirements of the Larimer County Engineering Department; a. The applicant shall provide information to determine the impacts from additional drainage from developed conditions that will be directed into the borrow ditch adjacent to County Road 2 (905); b. The applicant shall provide a revised drainage/grading plan to reflect the existing proposal; c. The applicant shall pave County Road 905 from, and including, the intersection of County Road 905 and Boulder County Road 3 (as called out on the drawing) east to the existing pavement at the intersection of County Road 905 and County Road 15. Any repairs or improvements to the existing pavement that are necessary to make a smooth tie in shall be included. The applicant shall coordinate their efforts with the Burlington and Santa Fe Railroad in the event that the railroad identifies any upgrades that are necessary at the crossing. The cross section for County Road 905 shall consist of 30 ft of asphalt pavement, 4 ft gravel shoulders, and roadside drainage ditches with 4:1 side slopes. The pavement shall be designed using the R-value method; d. Additional right of way necessary to provide for a 50 ft half right of way adjacent to the property shall be dedicated on the final plat and reflected on the construction drawings; e. A final Drainage and Erosion Control Report must be submitted and approved; f. Prior to Final Plat approval the applicant will receive approval from the New Ish Ditch Company to accept any proposed additional discharge into the ditch that the development will create; g. Detailed plans for construction of all utilities, grading, and roadways shall be approved by this department prior to Final Plat approval. The detailed plans must show the grades and alignment of all facilities and must include detailed specifications for construction of the project. A typical cross section for the streets which shows the asphalt roadway, gravel shoulders, and roadside ditch will be required based on current rural standards for local subdivision streets and minor collector roads in Larimer County. A detailed Grading Plan, including spot elevations, must also be included. The final plans will need to include a plan and profile of County Road 905 and the proposed interior street. Improvements to County Road 15 that may be necessary to tie the new pavement of County Road 905 into the intersection will need to be shown on the plans and be made part of the project; 4. The applicant shall comply with the following requirements of the Larimer County Department of Health and Environment; a. All lots shall require individual sewage treatment systems, which shall be designed and approved at the time of building permit application; b. The applicant shall modify the land management plan and require compliance by all lot owners with oversight from the homeowners association. At a minimum, the plan should address the following issues; erosion, dust and surface water pollution control measures; manure handling measures; supplemental feeding plans; irrigation plans / irrigation systems; grazing schedules; weed management; 5. The applicant shall pay all required fees for Capital Expansion and Fees In Lieu of Land Dedication as adopted by Larimer County Resolution on November 9th 1998; 6. Any code violations must be cleared up prior to the Board of County Commissioners hearing; 7. The final plat utility plans shall be referred and coordinated with all affected Ditch Companies; 8. The final construction plans shall be referred to Boulder County for coordination and comment; 9. The revised plat must show the location of the trail system and of easements allowing access to the trail through portions of individual lots for use by members of the HOA.
Mr. Wheeler stated that the applicant is in agreement with the conditions of approval and that the item was placed on the agenda for discussion due to potential neighbor concerns. Mr. Rick Hattman, representative for the applicant, stated for the record that he agreed with the conditions of approval. There was no public to testify regarding this item.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the Willis Farm Subdivision Preliminary Plat # 98-S1308 as presented by staff.
Motion Carried 3 - 0.
5. DIAMOND FARMS PRELIMINARY RURAL LAND USE PLAN: GENERALLY LOCATED 3 MILES NORTHWEST OF WELLINGTON AND ROUGHLY 1.5 MILES NORTH OF WAVERLY, IMMEDIATELY NORTH OF COUNTY ROAD 70, BETWEEN COUNTY ROAD 17 AND COUNTY ROAD 15.
This is a request to divide 327 acres of land in the following manner: up to 16 single-family home sites ranging in size from 2 to 10 acres each (including the existing two home sites) and approximately 252 acres of private residual land protected by perpetual conservation easement(s) in accordance with the Rural Land Use Process. Rural Land Use Advisory Board recommends approval of the Diamond Farms Preliminary Rural Land Plan with 16 home sites (density bonus of 77%), including the two existing sites, and approximately 252 acres of residual land protected by perpetual conservation easement(s). The Rural Land Use Center Director recommends that the Board of County Commissioners approve the Diamond Farms Preliminary Rural Land Plan. The following contingencies must be met prior to approval of final plat by the Board of County Commissioners: 1. Internal road design and other engineering requirements, including utilities, roads, right-of-way dedication, storm water plan, and erosion control plan, shall meet minimum 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 County Engineering Department. The northern access to CR 15 for the existing residence and irrigation pump houses at the northeast portion of the property will be considered an agricultural access to lot 16 (residual land). If agricultural uses related to lot 16 cease, access to lot 14 and lot 16 will be from the cul-de-sac at end of internal private access road off CR 15. Lot 6 and lot 7 shall share a common access from CR 15; lot 4 and lot 5 shall share a common access from CR 70; 2. Public water shall be provided for new residential lots. A letter of commitment from the Northern Colorado Water District must be provided prior to final plat approval. This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the District. If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code; 3. The residual land conservation easement(s) and management plan(s) must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval; 4. Homeowners' association covenants, including architectural controls, and provisions for internal road maintenance, must be reviewed and approved by the County Attorney prior to final plat approval; 5. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 6. Building envelopes shall be located on each lot; 7. The following must either be listed as a note on the final plat or a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase: a) Automatic fire protection sprinklers are required for all new residential structures; b) prior to footing and foundation permits, there shall be a certificate by a surveyor confirming that the construction is within the building envelope designated on the final plat; c) 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; d) The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre R-1 school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fee (in lieu of dedication), and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply; e) The applicants agree to provide sales and other information to the Rural Land Use Center Director as necessary to insure that monitoring of the incentives can be conducted; f) At time of real estate closing, owner shall provide purchasers of residential lots and residual lands with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County; g) The owners of the residual land parcel shall be responsible for providing an annual monitoring report for the residual land to Larimer County Rural Land Use Center; h) 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; i) 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 nuisances if they develop, although information on managing these issues is available; j) 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; k) 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; l) 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; 8. Soil testing is required for lot 15; 9. Covenants shall include provision for the owner of lot 6 to maintain trees so as not to obstruct traffic and site as determined by the Larimer County Engineering Department.
Mr. Reidhead stated that staff is modifying condition 1 & 2 and the applicant was in agreement. Commissioner Disney asked if the modifications addressed the concerns of the Engineering Department and Mr. Reidhead and Mr. McDaniel replied in the affirmative.
Mr. Dave Sitzman, the applicant, explained the goals, objectives and layout of the proposal. He further stated that at this time, lot 16 contains a designated building site within the residual land. Development on this lot is not anticipated any time soon, and probably only if the farming operations cease. However, lot 16, can not be separated from the residual land in the future. Commissioner Rennels stated that lot 16 would need the ability to have agricultural out buildings. Mr. Reidhead replied that any out buildings could be addressed as a condition of the easement with Larimer Land Trust. He further stated that two management plan may be required to address the wetlands and farmland on the two proposed parcels comprising the residual land.
Commissioner Disney clarified that there were three primary and one agricultural accesses on to CR 15. Mr. Sitzman replied that there are four accesses and that County Engineering had agreed with the configuration. Commissioner Rennels stated that the trees at the intersection of CR 70 and CR 15 cause a sight hazard and asked if staff addressed the issue. Mr. McDaniel suggested that maintenance of the trees be in the covenants. Mr. Reidhead offered that an additional condition of approval be "Vegetation on lot 6 will be maintained by the lot owner so as to not obstruct visibility at the intersection of CR 70 and CR 15.". He further pointed out that another condition of approve be added for soil testing on lot 15.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve Diamond Farms Preliminary Rural Land Use Plan # 00-S1551 as presented and with modifications to conditions 1 and 2 and the addition of conditions 8 and 9.
Motion carried 3 - 0.
There being no further business, the hearing recessed at 4:15 p.m.
CONTINUATION OF LAND USE HEARING
(#602 & 603)
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 Matt Lafferty, Planner II; Traci Downs, Civil Engineer; Rex Burns, Project Engineer; Rob Helmick, Senior Planner; Marc Engemoen, Director of Public Works; Daryl Burkhard, Former Larimer County Parks & Open Lands Resources Specialist; Jeannine Haag, Assistant County Attorney; Tom Shoemaker, Director of Natural Resources for the City of Fort Collins. Recording Clerk: Jean O'Connor.
1. BRENTS RANCH SUBDIVISION #98-S1361: Mr. Helmick stated that he was in receipt of a letter from the applicant acknowledging and accepting staffs request for the item to be tabled until June 19, 2000 at 7:00 p.m. For the record, Mr. Doug Konkel, the applicant, agreed with the recommendation to table the item.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners table Brents Ranch Subdivision #98-S1361 to June 19, 2000 at 7:00 p.m. in the Commissioner's Hearing Room.
Motion carried 3 - 0.
2. VALLEY BUSINESS PARK PLANNED UNIT DEVELOPMENT AND REZONING: SW 1/4 OF SECTION 9, TOWNSHIP 7 NORTH RANGE 68 WEST - MORE SPECIFICALLY THE SUBJECT SITE IS LOCATED ON THE NORTH SIDE OF STATE HIGHWAY 14 (MULBERRY STREET) APPROXIMATELY 3/4 OF A MILE WEST OF INTERSTATE 25.
This is a request to 1. To rezone a portion of the project site from I (Industrial) to C (Commercial), and 2. Preliminary Phase Plan approval to divide a 40.53 acre parcel into 18 lots for commercial and industrial uses. Mr. Lafferty provided the Board with a brief background on the request and that staff is proposing a compromise regarding the buffer zone by suggesting a "No Activity Zone". Mr. Lafferty stated the recommendations of the Urban Growth Area Review Board are included in the Boards packet however staff is proposing changes to those recommendations. Therefore, Mr. Lafferty informed the Board, dependant upon the action taken, they will need to specify which recommendation will be included in any final action and reminded the Board that two motions are required for the application.
Commissioner Disney asked if an outside professional had been consulted regarding the buffer. Mr. Lafferty stated that staff relied on the wetland classification by Dr. Cooper, the specialist hired by the county to classify wetlands in Larimer County. Dr. Cooper had classified the wetland as a Class II based on vegetative habitat not wildlife habitat. Commissioner Disney stated that the no activity zone would restrict pedestrian and other traffic after building and inquired as to what restrictions are in place during construction and how they would be enforced. Mr. Lafferty stated that a condition will be added restricting activities during critical wildlife use periods. Mr. Timm felt that if specific dates are provided, enforcement could be through the building permit process.
Chair Olson asked if the applicant was paying a fair share towards improvements and impact fees. Mr. Engemoen stated that all fees for all applicants in the area had been calculated in the same manner.
Ms. Burkhard stated that the Parks Department is concerned with the proposal in that it would greatly impact a unique wildlife habitat during winter months when migratory waterfowl are at peak stress levels. Ms. Burkhard informed the Board that Cooper Slough was the only warm water slough known to exist in Larimer County and is crucial to the ecosystem. She further stated that testimony would be given stating the slough has been freezing in recent years; this is due to damage caused by the Waterglen Development to the North. The City of Fort Collins is diligently working with the applicant of Waterglen to correct this impact on the slough. Ms. Burkhard stated two problems with the proposal: 1. Buildings with outdoor lights and windows; and 2. The no activity zone is not enforceable- Larimer County does not have the staff, and enforcement would be a nightmare. Ms. Burkhard further stated that the Parks Department, City of Fort Collins Natural Resources and the Division of Wildlife all support a minimum 300-foot natural buffer zone with a fence and urged compliance with the recommendation of the professionals and denial of the proposal as presented.
Mr. Rick Zier, attorney for the applicant, reiterated that timing for construction had been discussed and specific wording was determined but was omitted from the staff recommendation. Mr. Zier stated the issues previously heard are 1. Use and Design; 2. Floodplain and Drainage; 3. Transportation; and 4. Environmental Impacts on water quality and wildlife. Mr. Zier informed the Board that the proposal complies with all Larimer County standards and regulation in place at the time of submittal and that the applicant made reasonable efforts to address the issues and is serious about protecting the slough. Mr. Zier suggested that some recommendations from staff be reworded and/or stated more clearly.
Mr. Vaughn Furness, representative of the applicant, stated staff asked for a bike trail, the applicant complied; staff said move the bike trail because it was too close to the slough, the applicant complied; staff asked for Weicker Drive to be extended, and the applicant complied. Mr. Furness feels the buffer design the applicant is proposing provides better-improved habitat as opposed to just native grasses.
Mr. Paul Sorensen, representative of the applicant, stated that the applicant had participated in the I-25 Improvement Group and the proposed improvements will enhance traffic safety. The applicants share of the improvements will be $1.65 million dollar. Mr. Sorensen informed the Board that the historical use of the land is agriculture and the applicant will implement best management tools to ensure water quality and create better habitation for wildlife.
Mr. Erin Cvar, representative of the applicant, stated that a preliminary design for stormwater drainage and the floodplain had been submitted and approved by county staff. Mr. Cvar addressed the thermal characteristics of the Cooper Slough and stated that the engineered design of the retention pond was such to ensure the pond will not tap into ground water and therefore will not affect any characteristics.
Mr. Mike Phelan, representative of the applicant and a wildlife biologist, believes that the slough is an important resource and provided a slide show of the slough, its location and adjacent topography. Mr. Phelan further agreed to a 300-foot buffer if the land were flat, but stated that the natural topography deems 300-feet is not necessary. Mr. Phelan noted that a 300-foot buffer would prohibit the feasibility of the project and that the applicants proposed mitigation will eliminate human interaction via an 8-foot wall, educational signs will be installed, and night lighting will be restricted in order to protect the slough and wildlife.
Mr. Ira Paul, representative of the applicant, provided boards showing the conceptual mitigation master plan and how the plan would effectively and totally separate the "public side" from the "Cooper Slough" side.
Mr. Zier summarized how the proposal is compliant with the regulations and how all concerns have been addressed.
At this time the hearing was opened for public comment.
Mr. Randy Fischer, Larimer County resident, stated that he earned a degree in Natural Resource Management and that the proposal is in violation of the adopted Intergovernmental Agreement (IGA) between the City of Fort Collins and Larimer County, the City's Land Use Code which requires a 300-foot buffer, and that the Board can not disregard an adopted agreement. Mr. Fischer noted that the applicant implies that habitat and wildlife are not worth protecting by stating that a requirement for a 300-foot buffer will diminish the project viability, he urged the Board to deny the application.
Ms. Linda Stanley, Fort Collins resident, stated that she agreed with the statements of Ms. Burkhard and that when looking at a bigger picture, many wetlands are being lost and the cumulative effect of individual project approval is devastating to this resource. Ms. Stanley noted that wetlands provide many benefits to the ecological community and future generations will pay the price for degradation of our wetlands.
Ms. Janna Six, Fort Collins resident, also agreed with Ms. Burkhard and informed the Board that they had the authority to protect a critical wildlife habitat.
Mr. Ramon Ajero, Larimer County resident, stated that the applicant had not provided any data showing a 300-foot buffer would diminish the feasibility of the project. However, Mr. Ajero noted that referral agencies had supplied information in support of the 300-foot buffer and that the regulation requirement was a minimum 100-foot buffer that can be extended by the Board if they feel it is warranted. Mr. Ajero further stated that the slough is unique to Larimer County and the proposal could cause a permanent loss to migratory waterfowl, which could potentially cause harm outside the boundaries of Larimer County.
Mr. Tom Shoemaker, speaking on behalf of the City of Fort Collins, strongly urged the Board to deny the application. Mr. Shoemaker stated that a solution can not be attained because the applicant is not willing and that site constraints prohibit the applicant from doing the right thing because of money. Mr. Shoemaker informed the Board that the City had tried to pursue a land swap and/or purchase of the 300-foot buffer from the applicant, and the applicant was not interested. Mr. Shoemaker reiterated that the importance of the site is for the protection of migratory waterfowl and prohibiting public intrusion; therefore, Mr. Shoemaker felt the slough should be given at least equal consideration as has been given to roads and safety.
Mr. Eric Hermann, Fort Collins resident, stated that the proposal could have unforeseen consequences in that waterfowl need space around the slough to remain uninterrupted as they circle preparing to land, any ground movement would cause them to fly away.
Mr. Mike Buderus, Fort Collins resident, stated that no ponds currently exist in the area and that the issue is creation vs. preservation. Mr. Buderus noted that the land is currently and has been for years, farmed right up to the slough, and has had no affect on wildlife, therefore the applicants' mitigation plan should be sufficient.
Ms. Sally Craig, Urban Growth Area resident, read from a publication regarding migratory waterfowl habitat and the necessity for warm water sloughs. Ms. Craig reiterated that the City of Fort Collins requires a 300-foot wetland buffer in the Urban Growth Area. Ms. Craig further stated that the applicants' mitigation plan has not been reviewed by any experts; and that the applicants hired consultants are assuring the Board that their plan will not have any impacts, but the experts say that is not possible. Ms. Craig urged the Board to comply with the IGA and deny the proposal.
Mr. Tim Johnson, Fort Collins resident and representative of Friends of the Poudre, asked the Board to deny the application or comply with the 300-foot buffer, IGA, City regulations, and the advice of environmental experts. Mr. Johnson noted that the unique habitat is not replaceable.
Ms. Nancy York, Fort Collins resident, was concerned about the loss of species and probable impact on them due to encroachment by development on the slough.
Mr. Pete Forbes, Denver resident, stated that he leases adjacent property for hunting and has found the applicant to be a good neighbor.
Mr. Clare McMillen, long time area business owner, stated the land in question was truly a wildlife habitat, however he has doubts as to the length of time the "slough" has existed and suggested that developments and the installation of roads had probably caused the "sloughs" formation.
Mr. Mike Doten, Fort Collins resident, stated that the 100-foot setback to the wetland was a minimum and urged the Board to listen to the experts in recommending a 300-foot buffer. Mr. Doten noted that the applicant had already stated the proposed mitigation plan and buffer would be encroached upon during construction, and reminded the Board that the economical viability of a project is not the responsibility of Larimer County citizens or the Commissioners. Mr. Doten encouraged the Board to deny the application.
Mr. Lafferty stated that the application before the Board was submitted under the old regulations, which do not have a minimum setback or buffer requirement and that the IGA contained only a policy statement regarding wetland protection.
Rebuttal by all of the applicants' representatives was repetitive of their previous statements, reiterative that several of the applicants plans had been submitted and approved, and that the designs presented are conceptual. Actual design and location would be dependent upon the type of lessee.
Commissioner Rennels asked about the offer from the City of Fort Collins to purchase the land. Mr. Mike Donaldson, the applicant, stated that he had not had any serious discussions with the City regarding the purchase of the property or the 300-foot buffer.
Mr. Zier also stated that only one county department disagreed with the proposal and read a letter from Ms. Ann Azari, former Fort Collins Mayor, urging the Board approve the proposal and that it did meet the intent of the IGA.
At this time the hearing was closed to the public.
Chair Olson noted the late hour and asked for the next available date to continue the hearing. Mr. Timm suggested the hearing be continued on June 5, 2000 at 3:00 p.m. in the Commissioners' Conference Room.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners continue the discussion phase of the hearing for Valley Business Park PUD and Rezoning #98-S1324 on June 5, 2000 at 3:00 p.m. in the Board's Conference Room.
Motion carried 3 - 0.
There being no further business, the hearing was adjourned.
TUESDAY, MAY 9, 2000
(#604 & 605)
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 Shelley McGraw, Human Services; Kay Rios, Office on Aging Advisory Council; Todd Goin, President of the Larimer Foster Parent Association; Jim Drendel, Division Manager of Child & Family Services; Mike Carrol, Weed District Manager; Janelle Henderson, Director of Natural Resources; Jeannine Haag, Assistant County Attorney; Melinda Keen, Secretary II; Jim Alderden, Sheriff; Lt. Bill Nelson, Sheriff's Department; Bob Keister, Budget Manager; Dave Spencer, Director of Facilities; Deni LaRue, Community Information Officer; and Donna Hart, Commissioner's Administrative Manager. Recording Clerk: Jean O'Connor.
1. PUBLIC COMMENT: No one appeared to address the Board during public comment.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 1, 2000:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of May 1, 2000 as revised.
Motion carried 3 - 0.
3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF MAY 15, 2000:
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the schedule for the week of May 15, 2000 as presented.
Motion carried 3 - 0.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the following documents as listed on the consent agenda for document review on May 9, 2000:
Appointment of the following individuals to the Land Use Code Citizens Technical Monitoring Committee for a one year term effective July 1, 2000 ending June 30, 2001: Michael Doten; Linda Hoffmann; Ed Lawler; Ray Mehaffey, Jr.; Kimberly Stenberg; Carol Story Uthmann; and Liam Weston.
A00-67 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JEAN BATCHELDER dba ACCESS BY DESIGN FOR COORDINATION AND PROJECT MANAGEMENT SERVICES
A00-68 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DR. DAVE I. GILLILAND Ph.D. FOR RETAIL FOOD SERVICE SURVEY SERVICES
A00-69 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SELFWARE, INC. TO CREATE SOLUTIONS FOR A COMPREHENSIVE ROAD MANAGEMENT SYSTEM
R00-96s RESOLUTION REGARDING THE PARTIAL RELEASE OF WARRANTY COLLATERAL FOR VISTA VIEW ESTATES P.U.D.
MISCELLANEOUS ITEMS: Summit Enterprises MRD #95-EX0689 Amended Plat of Lots 1 & 2; Juvenile WRAP Around Program application for funds.
LIQUOR LICENSES: Licenses were approved for Bob's Liquor- 6%- Fort Collins, CO; Riverbend Resort- 3.2%- Loveland, CO; Sandy's Convenient Store- 3.2%- Loveland, CO; and Lincoln Street Grill- 6%- Fort Collins, CO. A license was issued to Overland Foods- 3.2%- Laporte, CO.
Motion carried 3 - 0.
5. PROCLAMATION FOR OLDER AMERICANS MONTH: Ms. McGraw presented the Board with a proclamation to declare May as Older Americans Month; Commissioner Disney read the proclamation for the record. Commissioner Disney advocated that the Advisory Council brainstorm how to address the future needs of older Larimer County citizens and suggested that the Council try to convince proponents of the Open Space Tax to allocate a percentage of the tax for the purchase of land for affordable housing.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners declare the month of May as Older Americans Month.
Motion carried 3 - 0.
6. PROCLAMATION FOR FOSTER CARE MONTH: Mr. Goin and Mr. Drendel presented the Board with a proclamation to declare May as Foster Care Month; Chair Olson read the proclamation for the record.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners declare the month of May as Foster Care Month.
Motion carried 3 - 0.
7. WEED SPECIALIST POSITIONS: Mr. Carroll requested approval for two new full time Weed Specialist positions for the Natural Resource Department and a waiver of policy pertaining to vacancy advertising and selection procedures to permit the department to hire Wyat Lymber and Jennifer Hein into the new positions effective March 1, 2000. Commissioner Disney asked about budget impacts and Mr. Carroll replied that the positions were approved and funds allocated in the 2000 budget.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the request for two new full time weed specialist position for Natural Resources Department and approve a waiver of policy pertaining to vacancy advertising and employee selection procedures to permit Wyat Lymber and Jennifer Hein into these positions effective March 1, 2000.
Motion carried 3 - 0.
8. ADVERTISING BOARDS AND COMMISSIONS DECISION: Ms. Keen reviewed current openings on County Boards and Commissions and asked direction from the Board as to which openings they wanted to re-advertise and which were ready to conduct interviews.
9. COPS GRANTS DISCUSSION: Sheriff Alderden requested approval to submit a grant application for partial funding of sworn deputy positions in 2001, 2002, and 2003 and that the grant would cover 75% of the wages per position over the three year period and the County would fund 100% in the forth year. Sheriff Alderden noted that the grant would not cover operating costs such as automobiles, uniforms, and office equipment. Mr. Keister noted that the application requires an assurance of retention of the deputies at the time of application. Commissioner Rennels asked how many deputies are being requested and Sheriff Alderden replied that he has not determined a number at this time. Mr. Keister stated that the issue was affordability and since the county has been de-bruced, the mill levy is locked and revenues are dependant upon assessor values placed on property. Mr. Keister provided the Board with an estimated general fund projection at an estimated revenue increase rate of 2.8% in 2001. He further stated that additional dollars received from de-brucing are "banked" for use in 2001 when revenues are only expected to increase 2.8%, while on-going services require 5 - 6% to continue at existing levels. Mr. Keister stated that the bottom line is that the budget is customized to maintain with existing basic sources at this time and that Tabor 205 could have catastrophic consequences for the County.
Commissioner Rennels asked if the committed dollars to the Road and Bridge Department would continue. Mr. Keister stated that estimates assume committed dollars will continue. Commissioner Rennels asked if the grant was submitted and approved, could the County refuse the dollars and Mr. Keister replied that he believed refusal was an option. Mr. Keister was concerned with projecting the future and maintaining base budgets at 5% and noted that the Sheriff's Department had increased at a rate of 10%.
Commissioner Disney stated that he was not convinced there is problem, which requires additional deputies and that he is unaware of any complaints from citizens regarding a lack of service from the Sheriff's Department; it seems the grant is a solution to a problem that does not exist. Sheriff Alderden informed the Board of the subsidies from municipalities to County in relation to the jail, libraries and roads. Commissioner Disney stated that the current discussion pertains to additional deputies not services, and a funding source will be required once it is determined there is a need. Sheriff Alderden stated that he was not prepared to ask citizens to increase taxes for law enforcement and that the citizens had previously stated that roads and safety are important. Commissioner Disney stated that the second largest allocation from the general fund is to law enforcement.
Much discussion ensued regarding the need for inventorying services and funding sources for long range budget planning.
Sheriff Alderden clarified that the Board was not in favor of submitting the grant and the Board replied in the affirmative 2 -0 with Commissioner Rennels dissenting.
10. WORKSESSION: Mr. Gluckman stated that he and Mr. Lancaster had attended a seminar "Model of Policy Governments" in which they participated in a worksession regarding resource allocation. Mr. Gluckman informed the Board that he would schedule a two-day retreat for the Board and County Management staff.
Mr. Spencer introduced the consultants hired to evaluate remodeling the existing courthouse vs. construction of a new building and presented their report for discussion. CONSENSUS OF THE BOARD was to ask the voters in June to amend previous ballot language to allow construction of a new building.
11. LEGAL MATTERS: Ms. Haag informed the Board that the County had received full asking price for the property located at 2901 South Centennial Drive and requested the Chair sign the counterproposal.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the Chair sign the Counterproposal for property located at 2901 South Centennial Drive.
Motion carried 3 - 0.
C00-22 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ROY W. MARTIN FOR SALE OF PROPERTY
MO T I O N
Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 11:55 a.m. to discuss potential litigation and obtain specific confidential legal advice.
Motion carried 3 - 0.
Executive session ended at 1:15 p.m., no action was taken.
LIQUOR LICENSE HEARING
The Board of County Commissioner met in regular session at 2:00 p.m. with County Attorney George Hass to consider the liquor license application made by The Baldpate Inn, Ltd. dba The Baldpate Inn. Chair Olson presided and Commissioners Disney and Rennels were present. Also present was Jason Meadors, Court Recorder and Recording Clerk, Jean O'Connor.
Mr. Hass reviewed the application and explained that Ms. Smith would be presenting the application and called Ms. Smith to be sworn in by Mr. Meadors. Ms. Smith provided background on the establishment and submitted the required petitions and pictures, which Mr. Hass labeled Exhibits 1, 2 and 3. Ms. Smith stated that there were no dissenting signatures and the neighbors were in support of the application. Mr. Hass noted for the record that there was no one in attendance to testify regarding the application. Mr. Hass wanted to insure that there will be training for staff with respect to selling alcohol and Ms. Smith assured the Board that she had already attended a seminar and training will be available to hired staff.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the application of The Baldpate Inn, Ltd. dba The Baldpate Inn for a Hotel Resturant Liquor License, located at 4900 S Highway 7, Estes Park, CO 80517 in the County of Larimer, and allow the license to be granted contingent upon a satisfactory background check.
Motion carried 3 - 0.
Mr. Hass reviewed the application and explained that Ms. Seeley and Mr. McFarland would be presenting the application and called them to be sworn in by Mr. Meadors. Ms. Seeley provided background on the establishment and submitted the required petitions and pictures, which Mr. Hass labeled Exhibits 1, 2 and 3. Mr. McFarland noted that he had received one dissenting signature on the petition and the balance were in favor of the establishment. Mr. Hass noted for the record that there was no one in attendance in favor or against the application. Mr. Hass wanted to insure that there will be training for staff with respect to selling alcohol and Ms. Seeley stated that the business takes this issue very seriously and that training is a requirement for employment.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the application of Stanger-Lake Estes, Ltd. dba Lakeshore Lodge for a Hotel Resturant Liquor License, located at 116 E. Elkhorn Avenue, Estes Park, CO 80517 in the County of Larimer, and allow the license to be granted contingent upon a satisfactory background check.
Motion carried 3 - 0.
The meeting adjourned at 2:20 p.m.
CHERYL OLSON, CHAIR LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS
LARIMER COUNTY CLERK AND RECORDER
(S E A L)
A T T E S T
Jean M. O'Connor, Deputy County Clerk