Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, June 26, 2000

LAND USE PLANNING MEETING

(#624)

The Board of County Commissioners met in regular session at 3:00 p.m. with Larry Timm, Director of Planning. Chair Olson presided and Commissioner Disney was present. Also present were Jim Reidhead, Director of the Rural Land Use Center; Matt Lafferty, Planner II; Fred Starr, Planner II; Jeannine Haag, Assistant County Attorney; and Sylvester Mabry, Civil Engineer. Recording Clerk: Jean O'Connor.

Chair Olson stated that the following items are consent and would not be discussed unless requested by the Board or members of the audience.

1. BIG VALLEY HOMESTEADS RURAL LAND USE PLAN AMENDED PLAT FOR LOTS 1 AND 2: SW 1/4 13-5-70; APPROXIMATELY 1 1/2 MILES SOUTH OF US 34 ON COUNTY ROAD 29-EAST SIDE.

This is a request to realign the south boundary line of Lots 1 and 2 of Big Valley Homesteads Rural Land Use Plan. Staff finds adjusting a boundary line to correct an error in calculation is important for all parties. Changing this boundary line does not create concerns to utility providers or County departments. No objections or concerns to this proposal were received. Staff recommends approval of the request to realign the south boundary line of Lots 1 and 2 of Big Valley Homesteads Rural Land Use Plan.

2. DELOZIER DRIVE - STREET NAME CHANGE: SE 1/4 OF 08-07-68; LOCATED ON THE NORTH SIDE OF THE NORTHERN FRONTAGE ROAD FOR HIGHWAY 14, APPROXIMATELY 1/2 MILE EAST OF SUMMIT VIEW DRIVE

This is a request to assign Delozier Drive to an un-named road. Staff findings include 1. Unique street names are important and needed to accommodate addressing of each dwelling. Having a specific street name within this subdivision that is easily consistent throughout will reduce confusion in location specific addresses; 2. No objections to the proposed application were received; 3. The County Engineering and Emergency Telephone Authority Departments has reviewed the application with no issues of concern. Staff recommendation is approval of the request to affix the street name Delozier Drive to the un-named segment of roadway found in file #99-S1366 subject to the following condition: The applicants shall be responsible for installing a street name sign at the intersection of the highway 14 Frontage Road and Delozier Drive. Said street sign shall include both street names.

3. AMENDED PLAT OF LOT 1, BLOCK 1 OF THE REPLAT OF LOT 20, MOUNT VIEW ACRES SUBDIVISION: NE 1/4 20-04-69; APPROXIMATELY 1/2 MILE WEST OF LARIMER COUNTY ROAD 21 AND 1/2 MILE SOUTH OF STATE HWY. 56.

This is a request to approve the Amended Plat as requested to allow the vacation of an existing 15-ft. drainage Easement and the Dedication of a 20-ft. Drainage Easement. Staff findings include 1. Approval of this request will not create an increase in density; 2. There are no objections to the request as submitted by the applicant. Staff recommendation is to approve the request for an Amended Plat of Lot 1, Block 1, Mount View Acres Subdivision as submitted.

4. AMENDED PLAT OF LOT 1, POND'S FIRST SUBDIVISION: S 1/2 32-04-69; ON THE NORTH SIDE OF LARIMER COUNTY ROAD NO.2, APPROXIMATELY 1/4 MILE WEST OF LARIMER COUNTY ROAD 21.

This is a request for an amended plat of Lot 1, Pond's First Subdivision to allow the addition of a 14.0-acre tract to Lot 1, Pond's First Addition. Staff findings include 1. The Pond's First Subdivision was approved by Larimer County on January 29, 1986; 2. Approval of this request will not create an increase in density; 3. Each of the resultant lots is to be used for single-family dwellings; 4. Review comments as noted in the attachments to this report must be addressed by the applicant prior to recording of the Amended Plat; 5. The proposed Boundary Line Adjustment meets the requirements for Administrative Approval and will be signed subject to the approval of this request for an Amended Plat. Staff recommendation is to approve the request for an Amended Plat of Lot 1, Pond's First Subdivision subject to the following conditions being completed prior to recording the Amended Plat 1. Complete Items 1 through 4, inclusive as noted in the staff review memo from Dale Greer dated April 12, 2000; 2. Show the location of the 100-yr. Floodplain as requested by the Larimer County Engineering Department in the memo dated April 28, 2000.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Big Valley Homesteads Rural Land Use Plan Amended Plat for Lots 1 & 2 #00-S1583; Delozier Drive Street Name Change #00-S1589; Mount View Acres Subdivision Lot 1 Block 1 Amended Plat #00-S1587; and Ponds First Subdivision Lot 1, Amended Plat #00-S1572 as presented and outlined above.

Motion carried 2 - 0.

This item was tabled from April 24, 2000:

5. 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.

Mr. Starr stated that he is in receipt of a letter from the applicant, which asks the Board to continue this item until August 7, 2000 at 3:00 p.m. so the applicant can continue to work with Mr. Greer, County Land Surveyor and the Homeowners Association.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners continue the Puebla Vista Estates Replat of Tract A hearing until August 7, 2000 at 3:00 p.m. as requested by the applicant.

Motion carried 2 - 0.

There being no further business, the hearing recessed at 3:05 p.m.

LAND USE PLANNING MEETING

(#624 & 625)

The Board of County Commissioners reconvened at 6:30 p.m. with Rob Helmick, Senior Planner. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Rusty McDaniel, Project Engineer; Fred Starr, Planner II; and Jeannine Haag, Assistant County Attorney. Recording Clerk: Jean O'Connor.

1. HARVEST HEIGHTS SUBDIVISION - PRELIMINARY PLAT: SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 4 NORTH, RANGE 69 WEST: LOCATED ON THE EAST SIDE OF STATE HWY. 56 APPROXIMATELY 1/4 MILE SOUTH OF COUNTY ROAD 8E.

This is a request for Preliminary plat approval to subdivide a 59.9-acre parcel located on the west side of State Hwy. 56 approximately 300 ft south of County Road 8E. The request is for approval of 15 platted lots. Lots 1 through 14 range in area from 2.3 to 2.5 acres. The remaining parcel, Lot 15, is 20.91 acres. Staff recommendation is for approval subject to the following: 1. The Final 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 Harvest Height Subdivision shall be completed in strict compliance with the conditionally approved preliminary plat; 3. The applicant shall show the 60-ft right-of-way for the proposed interior street extending to the east property line. The proposed cul-de-sac shall be noted as a "Temporary Cul-de-sac" That portion of the cul-de-sac located on proposed Lot 8 shall be constructed within a "Temporary Easement" shown on Lot 8. Notes shall be added to the Final Plat, which identify the cul-de-sac as being located within a temporary easement on Lot 8. When future development occurs to the east of this property, the roadway will be connected and the cul-de-sac removed; 4. The applicant shall provide Drainage Easements along the common property lines between Lots 2 and 3, Lots 5 and 6, and Lots 7 and 8, or as may be required for any drainage easements. The width of these easements shall be as approved by the Larimer County Engineers Office; 5. The Larimer County Engineer has determined that the distance from the driveway into the church from the interior road to the end of the cul-de-sac exceeds the maximum allowed length for a dead-end roadway as defined by the county road standards. Staff recommends that the applicant provide a 40-ft wide "Temporary Emergency Access Roadway Easement" along the entire north line of the existing property. The applicant will be required to construct a 20-ft. wide all-weather surface within this easement. This easement can connect to Hwy. 56 as shown on the existing design. When a connection is made to the subdivision from either the property located north or east of the Harvest Heights Subdivision, this easement may be abandoned if approved by the Larimer County Engineer. The secondary/emergency access road shall be required and shall meet the following criteria: a. The emergency access road shall be located in a 40 foot wide emergency access easement; b. The emergency access road shall be a minimum of 20 feet in width; c. The emergency access road shall be constructed of a all weather surface as approved by the County Engineer; d. The emergency access easement shall not be encumbered by any obstructions including gates, bollards or other similar traffic control devices; e. The emergency access road shall be easily identifiable by signage or painting; f. The emergency access road shall be subject to an appropriate maintenance agreement prepared by the owners of the Harvest Heights Subdivision, and shall be legally binding and enforceable to ensure the continual quality of the road (also shall be addressed in the lot owners covenants); g. The emergency access road shall be reviewed, approved and constructed to the satisfaction of the Berthoud Fire Protection District and Larimer County Engineering Department before any building permits are issued for individual lots within the Harvest Heights Subdivision; 6. The applicant shall provide a 100-ft. setback, for septic systems, along the rear of those lots which abut the irrigation lateral, as required by the Larimer County Health Department; 7. The applicant shall provide a 100-ft. building setback easement along the north line of all lots platted along the north property line of the subdivision. This easement will meet the intent of the developer to buffer the proposed lots from existing landowners located north of the site; 8. The applicant refers to a "18-ft and a 20-ft. Easement" located along the east line of the subject property. The applicant shall provide information as to the existing or proposed use of these easements, including book and page reference where these easements are recorded; 9. 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; 10. Payment In-lieu of School Fees for the Thompson R2 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; 11. 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; 12. The applicant has indicated the proposed interior road as "Harvest Heights Avenue - as a Private Road" This road is not a Private Road. The right-of-way will be dedicated to the Public, making this a Public Road; however, the developer through an arrangement made in the Development Agreement will provide maintenance of the road; 13. All easements requested by the utility companies serving this site shall be illustrated on the final plat; 14. Covenants for this development shall include provisions for maintenance of the common access roads and emergency access, open space tracts, drainage and irrigation facilities and other common elements. Covenants shall also contain provisions regarding building envelopes and setbacks, livestock, pasture management, irrigation and farming plans as proposed in the preliminary application; 15. The internal roads for the subdivision shall be constructed to the specifications of the Larimer County Engineering Department requirements for such roads; 16. All utilities must be installed underground; 17. Construction plans for Harvest Height Subdivision shall be subject to the review and approval of the County Engineer, and appropriate review agencies; 18. Residential fire sprinkler systems may be required for all dwellings, unless adequate fire flows for fire hydrants are achieved and approved by the Berthoud Fire Protection District; 19. The applicant shall provide a letter from the Little Thompson Water District indicating water pressures and flows anticipated for the development. The results of said letter should determine what level of fire protection would be required for the project; 20. The following notes shall be on a final disclosure statement: a. Soil conditions within Harvest Height Subdivision may exhibit percolation rates slower than that necessary for conventional septic system designs. Because of these conditions individual soil tests shall be required for each septic system permit within the development. The type of septic system to be constructed will depend upon the results of said soils test, and it is likely, given preliminary soils information, that such systems will be at least partially evaporative type systems; b. Mosquitoes may be a nuisance on this property Larimer County is not responsible for mosquito abatement and any land owner initiated abatement activities must meet all Federal, State and Local rules and regulations; c. 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; d. There are existing agricultural activities in this are that may produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses of nearby properties; e. 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; f. This development is the subject of a Development 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; g. All driveways over 100' long must be 15' wide and capable of supporting fire apparatus for the length of the driveway; h. 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; i. Cash In-lieu of School Fees for the Thompson R-2J 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; j. 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; 21. The applicant must provide written authorization from the Sweck Ditch Company for any proposed stormwater discharge into the ditch from the proposed subdivision; 22. The applicant shall provide a 50-ft. building setback easement from the centerline of the pipeline located along the east property line of the proposed subdivision.

Commissioner Disney asked to confirm that the application being reviewed is for a 15-lot subdivision without any designated land uses i.e. does not include a church on lot 15. Mr. Starr replied in the affirmative and stated that if the applicant chose to build a church on lot 15, they may need to submit application for a special review, dependant upon certain thresholds.

Chair Olson asked what type of thresholds and Mr. Starr replied vehicle trips per day and potential uses within the church such as daycare or a school.

Ms. Linda Ripley, representative for the applicant, stated that the request before the Board is to subdivide a 60+-acre lot into 15 lots, which is less than allowed by zoning, and reserve the right to build a church on lot 15 in the future. Ms. Ripley stated that the applicant is willing to preserve the rural character of the site to the extent possible and that the applicant agrees with the conditions of approval with one exception. Ms. Ripley asked the Board to waive the requirement for a second emergency access to the site and stated that the Berthoud Fire Department, as well as adjacent property owners, feels the second emergency access is not necessary. Ms. Ripley clarified the second emergency access was above and beyond the currently proposed two accesses.

Pastor Bruce Conover, applicant, stated that he appreciates all the assistance staff has provided him regarding the application. Typically, Pastor Conover continued, 60 -7 0 parishioners attend service on Sundays and approximately 25 on Wednesdays. Pastor Conover stated that the original land was purchased for a church but it was landlocked, so the church purchased additional property to be sold in the future, to offset the cost of building the church. Pastor Conover stated that in his meetings with adjacent property owners, he heard three concerns: 1. New home sites are too close to existing homes; 2. Precedent setting; and 3. Drainage and traffic. Pastor Conover stated that the Health Department has requested at least 100-foot setbacks on all lots to allow for septic; and that the precedent setting issue is being addressed in covenants: no commercial businesses; no barn yard animals; noise ordinance; and architectural controls. Pastor Conover requested the second emergency access requirement be waived for the following reasons 1. An emergency access is already proposed with knockdown barriers; 2. The additional access is only required due to the length of the cul-de-sac; 3. Adjacent property owners object to the additional access, which would cause disturbance to them; 4. The approximate cost of another access is $30,000, and according to local realtors, could devalue the proposed lots; 5. Any future developments would achieve the County's desired connectivity with the proposed accesses; and 6. Local fire and emergency departments are not requiring the second emergency access.

Chief Fire Marshall Stephen Charles, stated that the Berthoud Fire Department services six municipalities and that he had sent a letter to the applicant stating that the proposed two accesses met the departments requirements.

Commissioner Rennels asked if the applicant had received letters back from the ditch companies as required by the Planning Commission. Ms. Ripley stated that the letters had not been received but would be in hand prior to final plat. Pastor Conover stated that the ditch companies had made an additional request, which is being addressed and put in final form.

At this time the hearing was opened to public comment. Mr. Clyde Cable, adjacent property owner, stated that a second emergency access along the northern boundary would have negative impacts on his property and if a special review was not required for the church, a condition should be placed on the proposal to keep the building of the ridgeline. Mr. Cable agreed with the minimum 100-foot setback to the northern property lines.

Mr. Wood Eppelsheimer, adjacent property owner, supports the plan for the proposed accesses- not the additional emergency access. Mr. Eppelsheimer is also concerned with structures on lot 15 being built on the ridgeline and urged the Board to protect the natural character of the site. Lot 15 structures should be built 20 to 30-feet below the ridge and view sheds should be protected.

There being no further testimony, the hearing was closed to the public.

Ms. Ripley rebutted that the applicant is not proposing a church tonight and that it is not appropriate to restrict land uses at this hearing.

Commissioner Disney stated that a church is a use by right in this zoning district, so if the application is approved, the church is also approved by default if the thresholds are not met. Commissioner Disney asked if the applicant was willing to commit tonight to not build on the ridgelines. Pastor Conover stated that he was to meet with an architect this week and could not make that commitment due to the topography of the site. Pastor Conover further stated that he would work with the neighbors to mitigate visual impacts to the extent possible. Chair Olson asked if the applicant would like to continue the hearing until a site for the church could be determined. Pastor Conover said no and that it is not fair for the Board to be considering a church site since staff recommended that lot 15 not be designated as a church site at this time, and that he is not prepared to discuss details of lot 15 at this time.

Mr. Helmick stated that it is within the power of the Board to require building envelopes on any sites based on testimony and strategies contained in the County Master Plan.

Much discussion ensued regarding the reasons for the hearing, not the location of any potential uses on the lots proposed and the options available to the applicant at this point.

Commissioner Disney asked what are the contours of the plat and the length of the cul-de-sac. Mr. Starr stated the contours are 1-foot making the highest point approximately 5212-feet and the lowest point approximately 5190-feet. The cul-de-sac, Mr. Starr continued, is approximately 1720-feet in length. Mr. McDaniel stated that the county refers applications to many fire agencies and relies on the individual agency recommendation, with the understanding that the recommendation could be a variance from county standards. Mr. McDaniel suggested that a disclaimer be on the plat noting that the subdivision does not meet the county secondary accessing requirement.

Commissioner Disney referred to the soil conditions of lot 15 and asked if a more intense use (a church) is possible. Mr. Ryan stated that if population use results in over 2000 gallons per day, sewer would require State approval, which requires groundwater monitoring and advanced treatments. Commissioner Disney noted that the use may not exceed that threshold today, but as the church grows, how would the County monitor the future. Mr. Ryan stated that the County could not monitor the future.

Commissioner Disney asked if a building envelope could include a height restriction. Mr. Helmick stated that a use by right includes a height of 40-feet and that the Board could restrict anything higher. Commissioner Disney stated that he had a problem approving the application, which would also approve the church, after having heard the concerns of neighbors and potential septic monitoring problems. Commissioner Disney asked if the Colorado Department of Transportation reviewed the application as a 15-lot subdivision or 14-lots with a church. Mr. Starr stated that the traffic report proposed 228 vehicle trips per day, therefore including the church.

Much discussion ensued regarding height restrictions on lot 15 and the height of steeples.

At this time Ms. Ripley asked the Board to continue the hearing until the applicant could meet with the architect and design the church. Mr. Helmick stated that the first available date was at 3:00 p.m. on August 7, 2000.

 

M O T I O N

Commissioner Disney moved that the Board of County Commissioners continue the Harvest Heights Subdivision # 99-S1453 to August 7, 2000 at 3:00 p.m.

Motion carried 3 - 0.

  1. TEAL CREEK PUD PRELIMINARY PHASE PLAN: 13-07-68; ON THE SOUTH SIDE OF HWY. 14 AT LARIMER CR. 901/WELD CR. 13 AND NORTH OF CR. 44.

This is a request for approval of Planned Unit Development Preliminary Phase Plan for 82 lots on 197.7 acres. The lots are 1.1-2.1 acres and there is 69 acres of open space. Staff recommendation is for approval subject to the following conditions: 1. The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Phase Plan; 2. The applicant must comply with the recommendations of the traffic impact report, including the installation of all recommended facilities; 4. Lowest habitable floor of each unit will have no less than a 3-foot separation from the seasonal high water table. The applicant shall provide evidence of this at the Final Plat application; 5. The following notes shall be included in a disclosure affidavit to be recorded with the Final Plat: 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. Underground utilities will be required; e. Expansive soils 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. Perimeter drains should accompany all sub-grade construction; 6. 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; 7. The following fees shall be collected at building permit issuance for new single family dwellings: Poudre R-1 school fees and Larimer County fees for County and Regional Transportation Capital Expansion and Larimer County Park Fee (in lieu of dedication) and drainage fees. The fee amount that is current at time of building permit application shall apply; 8. Applicant agrees to limit the height of homes on 14 lots along or near the long west property line to 24-feet above the highest point on the lot to reduce sight line influence.; 9. Buffering from adjoining agricultural uses to be shielded with fencing is as necessary; 10. Right to Farm notice to be provided; 11. The ELCO water line will be upgraded to a 6 inch water line that will run under County Road 44; 12. Proposed lots #11, 12, 13, 17, 18, & 19 will have a 200-foot "No Build Zone" and the applicant has agreed, upon staff approval, to install and maintain a privacy fence and install a reasonable number of deciduous and coniferous trees under the guidance of the County Plant List.

Mr. Helmick stated that staff and the Planning Commission are recommending the Board waive the distance requirement for the access nearest CO. Highway 14, and that the applicant agrees with the conditions of approval, however, they would like to suggest some modifications to those conditions.

Mr. Tom Dougherty, the applicant, stated that the proposal complies with zoning and the regulations and has received support from most of the adjacent property owners.

Mr. Tom Moore, owner of the site, provided history of the site and the layout of the ditch and wetlands.

Ms. Ripley, representative of the applicant, stated that the proposal is compatible with adjacent property; protects and provides buffers for the wetlands and will enhance the wetlands with additional landscaping. Ms. Ripley noted that there are five accesses to the site, covenants will restrict out buildings and architectural controls will be in place. Ms. Ripley stated that the applicant has made concessions to address the concerns of neighbors.

Mr. Dougherty explained the concerns of the neighbors and concessions made: 1. Traffic- Signage will be installed at the intersections of County Roads (CR) 13 and 44 such as stop signs, speed limit and warning signs noting intersection ahead. Access points on CR 13- The two original accesses on CR 13 conflicted with the property owners to the east so these proposed accesses have been shifted. In moving the northerly most access, it is now closer to the intersection of CO. Hwy. 14 and now requires a waiver from County standards. 2. Privacy to adjacent property owners to the west- A height restriction of 24-feet will be placed on 14 of the westerly homesites in an effort to reduce site line influence. The affected 14 lots will be noted on the final plat. 3. Location of building sites on the lots to the far southeast portion of the development- The proposed lots will have a 200-foot "No Build Zone" and the applicant has agreed, upon staff approval, to install and maintain a privacy fence and install a reasonable number of deciduous and coniferous trees. 4. Conflict in uses- The applicant agrees to inform all potential homeowners, in writing, of the rural activities adjacent to the development which may impact them. A signed acknowledgement will be required on deed transfers now and in the future.

At this time the hearing was opened to the public.

Mr. John Pernicka, adjacent property owner, stated that the proposal has been well thought out and supports the application. Mr. Fred Boekel and Mr. Chuck Miles, adjacent property owners also agree with the proposal.

There being no further testimony, the hearing was closed to the public.

Commissioner Rennels inquired about moving the northerly access closer to Hwy. 14. Mr. McDaniel stated that the report provided by the applicant projected future development and allowed for future turn lanes and that based on the report, staff supports the distance waiver. Commissioner Disney noted that the applicant should comply with the County Plant Material List and Mr. Dougherty acknowledged that he would comply. Chair Olson asked if CDOT had comments on the proposal and Mr. Helmick stated that they did not disagree with the report provided by the applicant. Commissioner Disney noted that the site is on the cusp of both the North Front Range Transportation and Air Quality Planning Council and the Upper Front Range Transportation Planning Council and asked staff consider these when sending referrals.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Teal Creek PUD Preliminary Phase Plan #99-S1415 as outlined above and grant a variance for the northerly access distance from Colorado Highway 14.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned at 9:45 p.m.

TUESDAY, JUNE 27, 2000

ADMINISTRATIVE MATTERS

(#626 & 627)

The Board of County Commissioners met in regular session at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Ralph Jacobs, Director of Human Resources; Patsy Maroney, Compensation & Benefits Specialist; George Hass, County Attorney; Nate Donavan, Assistant County Attorney; Larry Timm, Director of Planning; Tom Garton, Chief Building Official; K-Lynn Cameron, Open Space Manager; Donna Hart, Commissioner's Administrative Manager; Melinda Keen, Secretary II; Deni LaRue, Community Information Manager; and Carol Block, Director of Finance. Recording Clerk: Jean O'Connor.

  1. PUBLIC COMMENT: Ms. Pamela Gilsenan addressed the Board and asked when the County was going to assist here in helping her children. Chair Olson informed Ms. Gilsenan that the County could not help her since the matter is being handled in the courts.
  2. Mr. Mike DiTullio addressed the Board to bring their attention to a problem, which exists in the Vista @ Cottonwood Shores PUD and for the record, noted that he is appalled at the lack of assistance from the Planning staff on the issue. The issue is that as a condition of approval for the PUD, the homes are required to be sprinklered. Mr. DiTullio noted that there is a fire hydrant in the middle of his driveway, that has insufficient water flows, and he should not be required to install sprinklers in his home at a cost of several thousand dollars. Mr. DiTullio noted that only one half of the PUD is located within the Poudre Fire Authority District (PFA), the other half is in the Wellington Fire District, however, only PFA reviewed the application and made the requirement for sprinklers. Mr. DiTullio requested that the Board remove the sprinklering requirement from lots 7 - 11 inclusive since these lots are not within the PFA district. Mr. Timm stated that since the original approval of the PUD and since the discrepancy was noticed; Wellington Fire has also written a letter for the file, that they also require sprinklers within the homes of the PUD. Chair Olson noted that the removal of any plat notes necessitates the item be brought back for a public hearing and Mr. Timm concurred. Mr. Timm also noted that the developer or Mr. DiTullio could submit a request to amend the condition of approval, which costs $285 and the Board could waive that fee. Commissioner Rennels asked if hydrants have been installed why are the homes required to be sprinklered. Mr. Timm stated that it is the requirement of the fire districts. Commissioner Disney stated that he did not believe the county would require both hydrants and sprinklers and asked Mr. Timm to confirm which of the two was required. Commissioner Rennels noted that if the county had required both, a public hearing should be scheduled to amend the condition of approval at no cost. Mr. Timm noted that per Elco, there is not suffiecient water flow and that is why sprinklers are required for fire protection. The fire hydrant referred to, will function as a "blow off valve" for the water system.

    Ms. Amy Zelenck addressed the Board with her dissatisfaction in obtaining a refund for a 4H project from the Fairground Board and that she had documented all of her attempts for a refund. Ms. Zelenck is frustrated the the Fair Board did not follow their own grievance policy. Commissioner Rennels stated that she would be meeting with the Fairgrounds Board tomorrow and would call Ms. Zelenck afterwards.

  3. APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 19, 2000:
  4. M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the minutes for the week of June 19, 2000 as presented.

    Motion carried 3 - 0.

  5. APPROVAL OF THE SCHEDULE FOR THE WEEKS OF JULY 3 AND 10, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the schedules for the weeks of July 3 & 10, 2000 as amended.

Motion carried 3 - 0.

  • Ms. Hart reviewed pending invitations with the Board.

  1. CONSENT AGENDA:

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 June 27, 2000:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, were approved for the following: Barthlama; Campbell; Crain Family LLC; Duchow; Green Ridge Builders; Koldeway; Mason; Neel; Prichard; Tamlin; Weakland; Woodiel; Bullard, Larsen & Plock; Front Range Installs; JJs Vending Services; and Merix Corp.

ACTION ITEMS: Reappointment of Paul Cooper, Lawrence Little Thunder, Tanya Tisher, and Steven Helmericks to the Community Corrections Advisory Board for a two year term effective July 1, 2000 to June 30, 2002. Reappointment of Lou Nagy to the Community Corrections Advisory Board for a two year term effective July 1, 2000 to June 30, 2002 with a waiver of term limits. Reappointment of Robert Ryan to the Extension Advisory Committee for a 3 year term effective July 1, 2000 to June 30, 2003. Appointment of Deedee Hladick to the Estes Valley Planning Commission for a 3-year term effective June 27, 2000 to July 1, 2003. Appointment of Cindy Owsley and Duane Pond to the Weed Control District Advisory Committee for one year terms effective July 1, 2000 to June 30, 2001. Reappointment of Guy Haggard, Douglas Rogakis and Brad Moos for two year terms effective July 1, 1999 to June 30, 2001.

A00-85 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RECYCLED MATERIALS COMPANY

R00-134z RESOLUTION APPROVING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE

R00-135g RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR A PUBLIC IMPROVEMENT DISTRICT

MISCELLANEOUS: Amended Plat of Lot 2 & a portion of lots 1 & 3, Block 1, Letitia Lake Subdivision, 2nd Filing; Big Valley Homesteads Amended Plat for Lots 1 & 2; IRS form 5500 Schedule F.

LIQUOR LICENSES: Liquor licenses were approved for Forks General Store- 6%- Livermore, CO; Forks General Store- 3.2%- Livermore, CO; Dal-Rae's High Country Inn- 6%- Red Feather Lakes, CO. Liquor licenses were issued to Drink-N- Dawg- 6%- LaPorte, CO and Hilltop Outpost- 3.2%- Red Feather Lakes, CO.

Motion carried 3 - 0.

5. ADDITIONAL ACQUISITION OF THE DEVIL'S BACKBONE: Ms. Cameron asked for approval to purchase 7.1-acres at the Devil's Backbone at a cost of $35,500.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the purchase of 7.1-acres for $35,500 from the Open Lands Fund to acquire additional land at the Devil's Backbone and subject to final approval from the County Attorney.

Motion carried 3 - 0.

R00-136g RESOLUTION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DALE OLHAUSEN FOR THE PURCHASE OF 7.1-ACRES AT DEVIL'S BACKBONE

6. WAIVER OF POLICY REGARDING SALARY SURVEY FOR MARKET ADJUSTMENT: Mr. Jacobs stated that the county had been utilizing the 50th percentile of the Longmont study to establish salaries; however that study no longer exists. Ms. Maroney stated that she had tried to establish wages based on private and public entities and that this did not work because many private entities hesitate to disclose their wages. Ms. Maroney suggested that for the 2001 budget, the County utilize a subset of the Colorado Municipal League (CML), which is currently used for appointed and classified salaries. Chair Olson was concerned that information from the private sector could not be considered. Ms. Maroney stated that she would continue to research available surveys for future use.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a waiver of the policy requiring use of the Longmont Salary Survey to calculate the 2001 market adjustments for classified positions; further, the Board directs Human Resources Department to use the CML survey subset which includes municipalities with populations between 30,000 and 200,000 and all Category One counties in place of the Longmont Survey for the 2001 market adjustments for classified positions.

Motion carried 3 - 0.

7. RESOLUTION AUTHORIZING THE ISSUANCE OF LARIMER COUNTY OPEN SPACES SALES AND USE TAX REVENUE BONDS: Ms. Block introduced Mr. Steve Bell, underwriter for Hanifen Imhoff and explained that the bonds will be entering the market at a good time and provided a quick summary of the bond issuance.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Bond Purchase Agreement and Resolution authorizing the issuance of Larimer County Open Spaces Sales and Use Tax Revenue Bonds, Series 200.

Motion carried 3 - 0.

A00-86 BOND PURCHASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HANIFEN, IMHOFF A DIVISION OF STIFEL, NICOLAUS & Co., INC. - OPEN SPACE SALES & USE TAX REVENUE BONDS

R00-137g RESOLUTION AUTHORIZING THE ISSUANCE OF $15,065,000 LARIMER COUNTY, COLORADO OPEN SPACES SALES AND USE TAX REVENUE BONDS AND OTHER DOCUMENTS IN CONNECTION WITH THE SERIES 2000 BONDS

8. WORKSESSION: Ms. Keen discussed applications submitted for County Boards and Commissions and asked direction regarding interviews/ appointments.

Mr. Gluckman provided the Board with a list of 2001 recommended legislative priorities. CONCENSUS OF THE BOARD was to submit the list of priorities to CCI as presented.

  1. COMMISSIONER REPORTS: None
  2. EXECUTIVE SESSION:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 10:50 a.m. to obtain confidential legal advice.

Motion carried 3 - 0.

Executive session ended at 11:00 a.m., no action was taken.

LIQUOR LICENSE HEARING

for

LaPORTE BARBEQUE AND GRILL, INC.

(#627)

The Board of County Commissioners met for a liquor license hearing at 1:30 p.m. with Nate Donavan, Assistant County Attorney. Chair Olson presided and Commissioners Disney and Rennels were present. Recording Clerk: Jean O'Connor.

Commissioner Disney called Mr. Keith Galeener to be sworn in and asked if he had the required pictures and petition. Mr. Galeener presented the pictures and petition, which were marked Exhibits A & B consecutively. Commissioner Disney asked if the petition was circulated in a reasonable manner to the surrounding neighborhoods and Mr. Galeener replied in the affirmative. Commissioner Disney asked if any opposition had been encountered and Mr. Galeener there had not. Mr. Galeener further stated that when he informed area residents and businesses that it is the intent of the establishment to serve only beer with a meal and that the establishment would be closing at 10:00 p.m.; citizens did not seem to mind and promptly signed in favor.

Commissioner Disney asked what experience and training had the business owners received. Mr. Galeener stated that he had been in the bar/resturant business for 10 - 15 years and is currently co-owner of The Crown Pub. His training has been on the job for the most part and had attended alcohol classes provided by American Eagle Distributing over the years.

Commissioner Disney asked if the establishment met the needs of the neighborhood. Mr. Galeener stated that he felt the establishment fit well with the area since it is the only "family resturant" in the area. Commissioner Disney asked if the applicants are aware of the seriousness of holding a liquor license. At this time Mr. Farrokh Nojoumi was sworn in, and stated that it is his policy to serve a maximum of three beers to any patrons who are eating a meal and that anyone appearing to be 30 or younger, will be carded. Mr. Nojoumi further stated that he has much experience in the resturant business and understands the implications of holding a license.

Commissioner Disney stated for the record that no tables will be allowed in the front of the establishment, only inside and on the patio. Mr. Galeener stated that he understood.

Chair Olson noted for the record that there was no audience for this hearing.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a Hotel/Resturant Liquor License to LaPorte Barbeque and Grill dba Smoke Signals BBQ & Grill, and authorize the Chair to sign the license upon reciept.

Motion carried 3 - 0.

THURSDAY, JUNE 29, 2000

SPECIAL MEETING

of the

BOARD OF COUNTY COMMISSIONERS

(#627)

The Board of County Commissioners met at 9:30 a.m. with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Disney and Rennels were present. Recording Clerk: Jean O'Connor.

  1. CONSENT AGENDA:

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 June 29, 2000:

A00-87 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SLEEPY HOLLOW ESTATES, LLC

A00-88 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND NATIONAL ASSOCIATION OF SERVICE AND CONSERVATION CORPS (NASCC) FIVE STAR RESTORATION GRANT ON BEHALF OF LARIMER COUNTY EMPLOYMENT AND TRAINING SERVICES

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a counter proposal contract for the sale of Glacier View Meadows lots 58, 59, 60 and 68 12th Filing to B.J. Sage, Jr. and Sue L. Sage.

Motion carried 3 - 0.

C00-32 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND B.J. SAGE, JR. AND SUE L. SAGE FOR THE PURCHASE OF GLACIER VIEW MEADOWS LOTS 58, 59, 60, AND 68 12TH FILING

There being no further business the meeting was adjourned at 9:45 a.m.

 

 

__________________________________ CHERYL OLSON, CHIAR

LARIMER COUNTY

BOARD OF COMMISSIONERS

 

 

MYRNA RODENBERGER

LARIMER COUNTY CLERK & RECORDER

 

 

(S E A L)

 

 

A T T E S T

 

 

______________________________________

Jean M. O'Connor, Deputy Clerk to the Board

 

 

 

 

 

 

 

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