PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
Monday, August 7, 2000
BOARD OF EQUALIZATION
(No Audio Available)
The Board of County Commissioners met at 3:00 p.m. to approve the recommendations made by the Board of Referees for hearings held on August 1, 2000; Chair Olson presided and Commissioners Disney and Rennels were present. Also present was Jean M. O'Connor, Recording Clerk.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the recommendations made by the Board of Referees for the hearings held August 1, 2000.
Motion carried 3 - 0.
LAND USE MEETING
The Board of County Commissioners met at 3:05 p.m. with Larry Timm, Director of Planning; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Matt Lafferty, Planner II; Rob Helmick, Senior Planner; Jim Reidhead, Director of the Rural Land Use Center; Sean Wheeler, Planner II; Fred Starr, Planner II; Sylvester Mabry, Civil Engineer; Rex Burns, Project Engineer; Doug Ryan, Environmental Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk: Jean O'Connor.
Chair Olson stated that the following items are consent and would not be discussed unless requested by the Board of members of the audience.
This is a request to amended plat to adjust the property line between Parcels E and F of the Parkview Subdivision. Staff findings include 1. The proposed amended plat is in compliance with the Larimer County Master Plan and the Larimer County Land Use Code; 2. The amended plat is compatible with other development in the surrounding area; 3. Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by the amended plat. Staff recommendation is approval of 00-S1594 - Amended Plat for Parkview Subdivision Parcels E and F subject to the following conditions: 1. Before recordation of the Amended Plat the Applicant shall address the comments found in the letter from the Larimer County Engineering Department dated June 7, 2000 and signed by Kevin Randolf, Engineer Tech II; 2. Before recordation the applicant shall place the following on the Amended Plat: Parcels E and F of the Amended plat of Parkview Subdivision are subject to the same restrictions, covenants and regulations as set forth in the plat of record for the Parkview Subdivision.
2. AMENDED PLAT - COLLAND CENTER 3RD FILING LOTS 1 AND 13; NW1/4, 24-06-69; COLLAND CENTER 3RD FILING
This is a request for an amended plat to combine Lots 1 and 13 of the Colland Center 3rd Filing. Staff findings include 1. The proposed amended plat is in compliance with the Larimer County Master Plan and the Larimer County Land Use Code; 2. The amended plat is compatible with other development in the surrounding area; 3. Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by the amended plat. Staff recommendation is approval of 00-S1581 - Amended Plat for Colland Center 3rd Filing lots 1 and 13 subject to the following conditions 1. Before recordation of the Amended Plat the Applicant shall address the comments found in the letter from the Larimer County Engineering Department dated May 4, 2000 and signed by Dale Greer, Professional Land Surveyor; 2. Before recordation of the Amended Plat the Applicant shall address the comments found in the letter from the Larimer County Engineering Department dated May 10, 2000 and signed by Traci Downs.
3. GARDNER SIGN SPECIAL REVIEW CLARIFICATION OF CONDITIONS OF APPROVAL -APPEAL; 22-06-69; ON THE WEST SIDE OF THE SOUTHWEST I-25 FRONTAGE ROAD 1/2 MILE SOUTH OF COUNTY ROAD 32, AT 8101 SW FRONTAGE ROAD.
This is a request by the petitioner for clarification of a conditional of approval in the Findings & Resolution for the Gardner Signs Special Review - identifying the specific use. Staff recommendation is that the Board of County Commissioners clarify the intent of the approval of the original zoning file #Z-60-85 Gardner Signs Special Review and allow the following uses to occur within the 40,000 square foot building. The following uses are consistent in intensity and scope to the sign manufacturing use in that they are no more intense in generation of traffic and producing other environmental effects and will have similar impacts off site.
Enclosed Storage. A facility where goods are kept in a completely enclosed building.
1. Enclosed storage includes self-storage and mini-storage facilities.
2. Enclosed storage includes freezers and meat lockers.
Trade Use. A business or occupation requiring specialized training in a manual or mechanical skill including, but not limited to, carpentry, plumbing, sheet metal, electrical, auto repair, heating, ventilation and air conditioning, furniture upholstery and machine shops.
1. A trade use with any outdoor storage of materials, parts, vehicles or finished product requires approval through the Special Review Process in the C-Commercial Zoning District.
Light Industrial. The secondary manufacture, assembly or packaging of products from previously prepared materials including, but not limited to, electronic instruments or devices, and, scientific research and testing.
4. LUDWICK FARM R.L.U.P. AMENDED PLAT FOR LOTS 5, 8, AND OPEN SPACE: NW 1/4 33-05-68; GENERALLY LOCATED 2 MILES WEST OF JOHNSON'S CORNER AT THE INTERSECTION OF COUNTY ROADS 9 AND 16.
The petitioner requests authorization to amend the building envelopes for Lots 5 and 8 and to realign the boundary between Lot 8 and the Open Space to accommodate final configuration of 2 small ponds on the Open Space lot. The Rural Land Use Center Staff supports the Amended Plat for Lots 5, 8, and Open Space of Ludwick Farm R.L.U.P. and recommends approval with the following conditions 1. Prior to footing and foundation permits, there shall be a certificate by a surveyor licensed in the State of Colorado confirming that the construction is within the building envelope designated on the amended plat for these Lots; 2. Automatic fire protection sprinklers are required for new residential structures.
5. INTERCHANGE BUSINESS PARK PUD, AMENDED MASTER PLAN AND PRELIMINARY PHASE PLAN; NW 1/4 15-07-68: ON THE EAST SIDE OF THE INTERSECTION OF INTERSTATE 25 AND SH 14 (MULBERRY) IN FORT COLLINS.
This is a request to amend the Master Plan and Preliminary Phase Plan Planned Unit Development to develop a 36.86 acre parcel into 17 lot business park with a mix of commercial, retail office and warehouse space. Staff recommendation is approval of the proposed Interchange Business Park PUD, Amended Master Plan and Preliminary Phase Plan as shown on the plan dated 5-4-00. All previous conditions of approval not shown on the plan remain in effect (including building envelopes and plat notes) and must be shown on the final plat. All other conditions of approval not related to the realignment of the road, or the changing of the lot configurations, shall also remain in effect.
6. AMENDED PLAT AND EASEMENT VACATION FOR LOTS 10 AND 11, GLACIER VIEW MEADOWS, 7TH FILING; NE 1/4 23-09-72: ON THE WEST SIDE OF MAROON BELLS CIRCLE, IN THE GLACIER VIEW MEADOWS 7TH FILING.
This is a request to combine Lots 10 and 11 into one lot and vacate the existing 10-ft. wide Utility Easement currently located 5-ft on either side of the existing common lot line between lots 10 and 11. Staff findings include 1. A review of this application has not identified any concerns, which would warrant denial of this request; 2. Approval of this request will not create an increase in density; 3. This lot will continue to be used for a single-family dwelling; 4. No issues have been identified by review agencies, which recommend denial of this request. Staff recommendation is approve the application for an Amended Plat and Easement Vacation as requested.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve Parkview Subdivision Parcels E & F Amended Plat #00-S1594; Colland Center 3rd Filing Lots 1 & 13 Amended Plat #00-S1581; Gardner Signs Special Review Appeal #00-G0012; Ludwick Farm Rural Land Use Plan Amended Plat Lots 5 , 8, & Open Space #00-S1604; Interchange Business Park Planned Unit Development Amended Master Plan & Preliminary Plan #99-S1400; and Glacier View Meadows 7th Filing Lots 10 & 11 Amended Plat and Easement Vacation #00-S1593 as presented and outlined above.
Motion carried 3 - 0.
This item was tabled from June 26, 2000:
7. AMENDED PLAT OF TRACT "A" OF THE AMENDED PLAT OF LOTS 9 AND 15, FIRST REPLAT OF PUEBLA VISTA ESTATES; SE 1/4 OF 36-08-69; - IN THE PUEBLE VISTA ESTATES SUBDIVISION BETWEEN LORRAINE DRIVE AND MARLENE DRIVE.
This is a request for an amended Plat of Tract "A" of the Amended Plat of Lots 9 and 15, First Replat of Puebla Vista Estates. Staff recommendation is approval of the plat amendment to 1. Designate Tract "A" as a buildable lot and a drainage/detention facility; 2. Designate a building envelope within Tract "A"; 3. Delete the prior condition/plat note stating "when drainage and detention facilities are no longer required on Tract A, the owner may apply to replat Tract A into two residential lots"; 4. Delete the prior condition/plat note stating "no building permits are to be issued for Tract A"; 5. Rename Tract A to Lot 1; with the following conditions: 1. Existing Tract "A" shall be labeled as Lot 1, of the Amended Plat of Tract "A" of the Amended Plat of Lots 9 and 15, First Replat of Puebla Vista Estates; 2. The Amended Plat shall designate a building envelope within Lot 1, the location of which shall be approved by the County Planning and Engineering Departments; 3. The Amended Plat shall also designate the remaining areas outside of the "Building Envelope" as a "Drainage Easement and Detention Facility"; 4. Applicant shall be required to complete the improvements to the existing drainage and detention facilities as required by the County Engineering Department pursuant to plans approved by the Engineering Department; 5. To insure completion of the required improvements to the existing drainage and detention facilities, the applicant shall execute a Subdivision Improvement Agreement with Larimer County and post collateral in the form of a letter of credit equal to 115% of the estimated cost of the improvements. The Subdivision Improvement Agreement shall be recorded with the amended plat and shall include the following provisions: The County's review and approval of any plans or drawings or inspection and approval of any improvements to be constructed by Developer under this Agreement does not constitute a representation, warranty, or guarantee by the County that such improvements are free from defects or will operate adequately for the purposes intended. Current and successor owners of the property assume responsibility for all maintenance, repairs, or replacements of improvements unless the County expressly agrees to assume such responsibility. The Developer expressly agrees to indemnify and hold the County, its officers, employees, and assigns harmless from and against all claims, costs and liabilities of every kind and nature for injury or damage received or sustained by any person or entity in connection with, or on account of the performance, condition or quality of work at the development or the Property pursuant to this Agreement. The Developer further agrees to aid and defend the County in the even that the County is named as a defendants in an action concerning the performance, condition or quality of work pursuant to this Agreement, except where such suit is brought by the Developer against the County. The Developer is not an agent or employee of the County. Nothing in this Agreement shall be construed as a waiver, either express or implied, of the immunities, rights, benefits, and protections afforded the County under the Colorado Governmental Immunity Act; 6. All required improvements shall be completed within three years of the date of the Resolution approving the amended plat; 7. A lot sale restriction and building permit hold shall be placed on Lot 1until the improvements are completed and approved by the County Engineering Department; 8. The following notes shall be included on the amended plat: a) The owner of Lot 1 shall be responsible for all maintenance and costs associated with the detention facilities on Lot 1 and the outlet drainage facilities to the Larimer-Weld Canal. If the owner of Lot 1 fails to adequately maintain such facilities, the County may undertake such maintenance and assess the costs thereof as a lien against Lot 1, collectible in the same manner as real property taxes. This requirement shall be deemed a covenant running with the land; b) Larimer County shall have no responsibility for road improvements or the maintenance of roads with the area described in this Amended Plat. All maintenance is the responsibility of the owners of the First Replat of Puebla Vista Estates and Tract A or through a Special Improvement District for Puebla Vista Estates or the Fist Replat of Puebla Vista Estates and Tract A; c) Passive Radon Mitigation Measures shall be included in any construction on Lot 1; d) The results of a Radon Detection Test, which has been conducted in the dwelling on Lot 1, once the structure is enclosed but prior to issuance of a certification of occupancy, shall be submitted to the Planning Department; e) Once the dwelling on Lot 1 is enclosed but prior to issuance of a Certificate of Occupancy, the results of a radon detection test shall be provided to the Larimer County Planning Department for evaluation. The status of a Certificate of Occupancy shall depend upon the results of this evaluation; f) All School Fees shall be calculated and paid at the time of issuance of any building permit; g) All Park Fees shall be calculated and paid at the time of issuance of any building Permit; h) All Regional and County Transportation Capital Expansion fees shall be calculated and paid at the time of issuance of any building permit; i) All Drainage Fees shall be calculated and paid at the time of issuance of any building permit; 9. Applicant shall record a Disclosure Statement approved by Larimer County which clearly identifies all obligations and responsibilities associated with the future ownership of Lot 1; 10. In order to mitigate damages to streets within the Puebla Vista Subdivision caused by equipment used by Applicant in the construction of the required improvements, applicant shall pay to the County for the use and benefit of the Puebla Vista Homeowners Association an amount which the County Engineer determines to be the Applicants pro rata share of street repair costs based on the currently existing condition of the street. Applicant must agree in writing to pay such amount prior to recording the amended plat. The County shall hold such amount in a non-intrest bearing account until the Puebla Vista Homewoners Association begins street repairs or ten (10) years whichever occurs first. If repairs are not commenced within ten (10) years, the County will pay over such funds to Mr. Robert W. Morris.
Mr. Robert Morris, the applicant stated that he is not in agreement with the statement contained in condition #10 because the roads are already in poor condition. Mr. Morris noted that he is willing to repair damages to the section of road caused by his proposed construction, but does not feel that he should be responsible for repairing all of the road(s). Mr. Burns agreed the roads are not in great condition but, at the same time, are not totally in disrepair; and suggested the applicant repair the streets to the same condition they are in prior to the start of construction. Mr. Burns noted that the drainline can not be installed without some repairs to the street upon completion. Much discussion ensued regarding how to determine the applicant's fair share of the street repairs.
Chair Olson suggested that Mr. Burns determine and provide to the applicant, a fair share per square foot and then the applicant can decide whether or not to proceed. Mr. Timm cautioned the Board in approving the application, the amended plat gets recorded, but then the applicant decides not to move forward due to cost. Then there would be a recorded amended plat that is not accurate. Ms. Haag provided new wording for recommendation #10 which is amiable to all parties.
This hearing was closed to public comment on the 26th of June; however a representative of the homeowners association (HOA) asked to address the Board.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners re-open public comment.
Motion carried 3 - 0.
Ms. Sheri Barker, HOA representative, stated that the HOA had recently repaired cracks in the street and the proposed changes to this proposal will need to be reviewed by the HOA. Chair Olson stated that the Board is not suggesting the HOA review the proposal again.
Commissioner Rennels asked if the agreed upon dollars for street repairs could be held in a type of escrow account for a specified period of time, and if the HOA does not repair the streets within that time, the dollars would be returned to the applicant; staff replied in the affirmative.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve Puebla Vista Estates Replat of Tract A #98-SA1216 as amended and outlined above.
Motion carried 3 - 0.
This item was tabled on June 26, 2000:
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 that the request for a Preliminary Plat be approved with the following conditions: 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 application10. 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; 23. Identify a "Building Envelope" which has the following characteristics: a) A northerly building restriction line running east and west through the highest point of the northerly hilltop located within Proposed Lot 15. This east/west line shall be parallel with the northerly property line of the Harvest Heights subdivision and shall extend from the west property line of the Harvest Heights subdivision, easterly to a point of intersection with the westerly property line of Lot 14 as currently proposed; b) The applicant will establish a "No-Building" buffer around each of the two highest hilltops located within proposed Lot 15. This buffer will be defined as a circle, with a radius of 50-ft. and a center point determined to be the highest point of each hilltop; c) The applicant agrees that the finished floor elevation of any structure to be located within the described Building Envelope shall not be greater than an elevation of 5195-ft. as measured from pre-development grade informationd) The applicant agrees to a building height maximum of 40-ft. as described in the Larimer County Land Use Code for property zoned FA-1; f) The applicant will maintain the existing topographic characteristics of the existing "Reference Ridge Line" which extends from the Northerly High Point of the Site and the Southerly High Point of the site, referenced on Exhibit "A" prepared by the Larimer County Planning Department and attached to this memo. The applicant will be allowed to shift the physical location of this "Reference Ridge Line" to a point east of the existing location of said "Reference Ridge Line" to accommodate future construction but shall maintain the topographic characteristics of this "Reference Ridge Line" so as to act as an "Effective Visual Buffer". The intent of this Reference Ridge Line is to allow the applicant latitude in site design while assuring adjacent property owners that the "Effective Visual Buffer" which is provided by the existing site topography is maintained; 24. Shift the location of the Secondary Emergency Access such that the entrance for the Secondary Emergency Access to Colorado State Highway 56 is as far north on Lot 15 as possible. The Secondary Emergency Access will then run easterly along the north line of Harvest Heights Subdivision to a point of intersection between Lots 13 and 14, then run southeasterly between Lots 13 and 14 to a point of intersection with the proposed internal Public Street. This Secondary Access Easement is to be 40-ft. in width per County Requirements; 25. Relocate the proposed driveway entrance for the Church to the Southwest corner of Lot 15. This driveway will begin at a point on the internal Public Street, which meets the Larimer County Engineering Department Design Guidelines.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners re-open public comment.
Motion carried 3 - 0.
Ms. Linda Ripley, representative for the applicant stated that much work and negotiating with neighbors had taken place since the June hearing regarding the placement of the church. Mr. Ripley stated that the church would not affect the viewshed of the neighbors.
Mr. Bruce Conover, the applicant, noted that a 50-foot radius "no build zone" is voluntarily being provided at the top of the two knolls; a building envelope for the sanctuary has been provided; and a "finished floor elevation" has been established. Due to possible septic limitations, if the finished floor elevation is increased, then Mr. Conover continued, the building height will be reduced a like amount.
Mr. Wood Eppelsheimer, closest neighbor, stated that the applicant had worked with him in protecting viewsheds and that the intent of discussions with Mr. Conover was to allow the ridge to protect his view from the majority of construction. Mr. Eppelsheimer further stated that the applicant had agreed to build between the two 50-foot radiuses no build zones.
At this time the hearing was closed to public comment and the applicant had no rebuttal.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the Harvest Heights Subdivision Preliminary Plat #99-S1453 as amended and outlined above.
Motion carried 3 - 0.
There being no further business, the hearing was adjourned at 4:20 p.m.
TUESDAY, AUGUST 8, 2000
The Board of County Commissioners met at 9:00 a.m. with Assistant County Manager Neil Gluckman; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Jeannine Haag, Brian Treu and Linda Connors, Assistant County Attorneys; Deni La Rue, County Information Officer; Steve Gillette, Acting Director of Natural Resources; Steve Harem, Environmental Specialist; and Jean O'Connor, Recording Clerk.
1. PUBLIC COMMENT: Mr. Dick Dunn addressed the Board and distributed a letter written to Dave Spencer, Director of Facilities. Mr. Dunn was appalled at Mr. Spencer's' response to a previous letter and stated that the figures and information contained within the "independent study", which in his opinion was not independent, for the current courthouse renovation Vs rebuild are inaccurate. Mr. Dunn stated that he feels the response from Larimer County staff was inadequate, fit a preconceived agenda and questioned the honesty of staff. Mr. Dunn offered to provide, at the request of the Board, a floor plan for the renovation of the existing courthouse building as a public contribution and requested the qualifications of Mr. Spencer as Director of Facilities. Commissioner Disney asked Mr. Dunn exactly who was lying about the contents of the report, staff or the firm providing the report. Commissioner Rennels asked if Mr. Dunn understood the meaning of "Independent Study" and noted that the definition meant "Someone other than the County". Commissioner Disney reiterated that the County can not demand the private sector respond to County requests. Mr. Dunn did not provide further information to the Board's questions, only to say the information was inaccurate nor did he make any additional requests.
Mr. John Meleski asked, based on the direction of the letter provided to him from the Board last week, when the requested information would be made available to him as well as the qualifications of Mr. Spencer. Chair Olson stated that the requests received will be discussed at a worksession this afternoon and that Mr. Gluckman would contact Mr. Meleski. Mr. Meleski asked several questions pertaining to specific dates for which staff and the Board did not have readily available. Mr. Gluckman will respond to these questions once the dates have been gathered.
Ms. Pamela Gilsenan addressed the Board and requested assistance for her children who have been truant for six of the past seven years.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 31, 2000:
M O T I O N
Commissioner Rennels moved that the Board approve the minutes for the week of July 31, 2000 as corrected.
Motion carried 3 - 0.
3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF AUGUST 14, 2000:
M O T I O N
Commissioner Disney moved that the Board of County Commissioner approve the schedule for the week of August 14, 2000 as amended.
Motion carried 3 - 0.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the following documents as published on the Consent Agenda for the week of August 7, 2000:
PETITIONS FOR ABATEMENT: As approved by the County Assessor, were approved: Aspden; Carran; Eikner; Evanstar; The Group, Inc.; L & L, Inc.; Lawler; Lesh/Albers; Loomis; Mosser; Murr Family LP; Oats; Riedel; Ruston; Shores Office Park; (2); Stanley Hills Assn., Inc.; Wild; Wyatt; National Semiconductor; and Vision Graphics.
A00-119 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS FOR THE TRANSMISSION OF RAINFALL INFORMATION
A00-120 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS FOR THE HUMAN RESOURCE GRANT PROGRAM
C00-41 CONTRACT CLOSEOUT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT FOR THE WORKFORCE CENTER FISCAL YEAR 1999 - 2000
R00-157g RESOLUTION CALLING FOR AN ELECTION REGARDING LARIMER COUNTY LOWER BROADVIEW PUBLIC IMPROVEMENT DISTRICT #19
MISCELLANEOUS: Amended Plat for Pinewood Springs 8th Filing Lots 226 & 227
LIQUOR LICENSES: Approval of a liquor license for La Chaumiere- 6%- Lyons, CO
Motion carried 3 - 0.
6. WORKSESSION: Mr. Gluckman stated that he would be working with the City of Fort Collins regarding a project entitled "How to Influence Public Policy". Mr. Gluckman also informed that Board that the Right To Farm issue is receiving public comment.
Commissioner Disney asked the status of the proposed additional signage on County Road signs regarding the right to farm as well as the status of placement of "Share the Road" signs on the more frequently used County Roads. Mr. Gluckman will follow up on the status of these issues and notify the Board.
Mr. Gluckman stated that he had contacted Animal Control regarding the draft animal ordinance and asked if anything further could be added to assist with enforcement. Animal Control will make recommendations for the Boards' consideration and a draft of the ordinance will also be provided for the Boards review.
Ms. La Rue provided an update of the proposed artwork for the new Justice Center and much discussion ensued regarding the committee to be formed and the diversity of backgrounds that would be needed.
Mr. Gluckman asked direction from the Board regarding liquor check reports and the possibility of Show Cause hearings for two liquor establishments. Direction from the Board was to have the County Attorney review the reports for possible violations of the liquor code.
Mr. Gluckman asked the Boards' direction regarding requests for information from Mr. Patton and Mr. Meleski and noted that the department affiliated with the information requested is in the process of moving their offices and suggested the staff have the information available on August 21, 2000; the Board concurred.
7. COMMISSIONER REPORTS: Commissioner Rennels noted that the County Fair this year is great and the children involved were working hard. Commissioner Disney stated that he had a voice message from a woman that was upset that tickets for an event were sold out to a non-profit organization prior to the event. Commissioner Disney also stated that the Northern Front Range MPO was asking for an alternate representative and Commissioner Rennels accepted.
8. LEGAL MATTERS: Mr. Gluckman stated that the Board and Management staff had developed a policy process and requested the County Attorney review the process for compliance with State Statue.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 10:25 a.m. for contract negotiations and confidential legal advice.
Motion carried 3 - 0.
Executive session ended at 10:50 a.m., no action was taken.
CHERYL OLSON, CHAIR
LARIMER COUNTY COMMISSIONERS
LARIMER COUNTY CLERK & RECORDER
S E A L
(A T T E S T)
Jean M. O'Connor, Clerk to the Board