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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, October 9, 2000

LAND USE MEETING

(#695)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Jim Reidhead, Director of the Rural Land Use Center; Claudia DeLude, Code Enforcement Officer; Doug Ryan, Environmental Planner; Sylvester Mabry, Civil Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk: Jean O'Connor.

Mr. Ryan and Ms. DeLude stated that Warren Crim Solid Waste Violation and Rocky Mountain Fuel Company Zoning Violation have come into compliance and are therefore being removed from the agenda.

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

1. SIGNET PUD 1ST FILING, LOT 13, EASEMENT VACATION: NORTH 1/2 OF NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 5N, RANGE 68W; SOUTHERN SIDE OF CR18, EAST OF INTERSECTION OF CR 18 & CR 3E

This is a request to vacation of a portion of a 15' wide utility easement. Staff recommendation is approval the utility easement vacation of Lot 13, Signet PUD 1st Filing, File #00-S1641 as presented.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Signet Planned Unit Development 1st Filing Lot 13 Easement vacation #00-S1641.

Motion carried 3 - 0.

  1. Indian Ridge Estates Preliminary Rural Land Plan: 25-09-69; generally located 2 1/2 miles northwest of Wellington, 1 mile southeast of Waverly, 1/2 mile north of County Road 64, and 1/4 mile east of County Road 15, next to Demmel Lake (North Poudre Reservoir # 2).

This is a request to divide 110 acres into 6 single-family home sites on approximately 18 acres (each lot roughly 3 acres in size) and approximately 92 acres of private residual land, protected by a perpetual covenant. Staff findings are that this proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code. Support for the Indian Ridge Estates Preliminary Rural Land Plan is based on the following: 1. Applicant's planning and design rationale for the project, which is consistent with the RLUP; 2. Conservation values of the residual land, including preservation of open space and wildlife habitat; 3. Careful location of residences; 4. The plan is generally compatible with the existing neighboring land uses.

Support for this proposed plan takes into consideration the various other land development and design options, particularly the 35-acre alternative, for which there is no County review. The greater number of residential units possible under the current O-Open zoning of the property and the general development pressure within the immediate area for use-by-right 35-acre division of land supports our belief that this is an appropriate project.

The site-based incentives (3 density bonus units) are allowed under the Rural Land Use Process. As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County. Those benefits are 1. Perpetual protective covenant on residual land; 2. Preservation of open space and wildlife habitat; 3. Homeowners association protective covenants with architectural controls; 4. Transportation capital expansion fees received from the project; 5. School and park fees received from the project; 6. Fewer residences than likely allowed through subdivision process; 7. Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels.

Staff recommendation is approve the Indian Ridge Estates 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; Internal roads shall continue to be dedicated and conveyed for public use; 2. Public water shall be provided for this project. A letter of commitment from Northern Colorado Water Association 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. Soil testing for at least two of the six lots must be completed prior to approval of the final plat; 4. All homesites located in this development will be required to pay a fair (pro-rata) portion of fees for improvements of privately maintained public access roads to the existing road association for maintenance of the private roads; 5. Buffer between residential cluster and neighboring lots to the south must be at least 100 feet; 6. An access easement across the northeast part of the property must be granted to prevent the neighboring property owners from being landlocked; 7. The residual land protective covenant and management plan must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval; the covenants shall prohibit the use of white vinyl fence along perimeter of residential lots, strictly regulate outdoor lighting, and address the participation in maintenance of existing roads; 8. 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; 9. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 10. Building envelopes shall be located on each lot; 11. The following must be listed as a note on the final plat and on 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 or written permission for variance from this requirement from the fire district; b) A geo-technical study will be required at the time of building permit issuance; c) 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; d) 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; e) 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; 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.

Commissioner Rennels asked what determined the layout as currently proposed. Mr. Reidhead stated that the accesses were decided in an effort to provide an emergency access and to minimize driving miles since it is expected that most new residents will travel to either Fort Collins or to I-25 via Wellington. Mr. Mabry noted that the Engineering staff does not object to either access being the emergency access.

Mr. Dick Johnson, applicant, stated that he is in agreement with the conditions as proposed by staff. Chair Olson asked where the proposed gate would be located and what would prohibit traffic from driving around the gate. Mr. Johnson stated the gate would be located at the north end of the property and a fence will be built to prohibit traffic from driving around the gate. Fencing materials will be provided to the neighbors who will be given an access easement across the north part of the property. The neighbors will build the fence as part of the access agreement. Commissioner Disney asked if there would be knockdown barriers at the end of the cul-de-sac and Mr. Johnson noted that they are not proposed, but would comply if required.

Commissioner Disney inquired as to the type of management plan for the residual land and Mr. Reidhead stated that existing native grasses would be maintained and passive recreational uses by the residents would be allowed; however, grazing would be prohibited.

At this time the hearing was opened to the public and Mr. John Blakney, spokesman for area residents, stated concerns regarding the roads still exist such as improvements and maintenance. Mr. Blakney noted that the line of sight at the southerly access is impaired by a hill and is dangerous, and that area residents prefer the Board approve the northerly access as the primary access and the southerly access become the emergency access. However, Mr. Blakney continued, if the application is approved as submitted, area resident suggest the following additional conditions of approval 1. Bring the road up to county standards prior to the start of construction; 2. Maintain the roads during construction; and 3. Mitigate dust on the roads throughout construction.

Ms. Rebecca Mann, area resident, agreed. Mr. Bob Scott, area resident that lives on the north portion of Indian Ridge Road stated that the intersection of County Road (CR) 15 and County Road (CR) 66 is very dangerous and one must enter the intersection blindly.

At this time the hearing was closed to the public, and Mr. Johnson rebutted in saying the proposed 6 homes would not cause Indian Ridge Road to become a thoroughfare. Additionally, Mr. Johnson continued, the southern part of Indian Ridge Road, down to CR 64, will be improved at no cost to the current residents, and will be brought to a better standard after construction, than it is currently.

Chair Olson asked if the applicant is willing to improve the road from CR 64 to the cul-de-sac and Mr. Johnson said no- if not required to do so, he would not volunteer. Mr. Johnson reiterated that he will be improving the road, maintaining it during construction and will mitigate dust.

Commissioner Rennels asked where the Waverly Fire Department is located and Mr. Mabry stated its' location is NW of CR 64 and CR 15. Commissioner Rennels agreed the intersection is visually impaired and unsafe and noted the distance from either access is approximately the same with respect to costs for improvements.

Commissioner Rennels stated that her preferred access is to the north and that the cost of improvements either way is about the same. Commissioner Rennels recommends the safest access and the applicant should be required to bring the balance of the road to the cul-de-sac, to county standards.

Much discussion ensued regarding the accesses and their locations.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table Indian Ridge Estates Rural Land Plan #00-S1619 until November 6, 2000 at 3:00 p.m.

Motion carried 3 - 0.

3. KRAUSS, GEORGE & MELISSA, DBA 287 DISCOUNT LIQUOR: 5846 S. COLLEGE AVENUE

This is an alleged violation of Section 8.7.3(A) "Each legally established principle use is limited to one sign". Staff findings are 1. The property is zoned C-Commercial; 2. The Larimer County Land Use Code does not allow more than 90 square feet of signage in the C-Commercial zoning district; 3. The pole sign accounts for the allowed 90 square feet in this zoning district; 4. By signing for building permit #99-B1749, the listed conditions were accepted and agreed to be complied with. Specifically, removal of the awning sign. Staff recommendation is to find that a violation exists, require compliance within 30 days after the ruling on the variance request and authorize legal action if the deadline is not met.

Ms. DeLude stated that the owners of the business have applied for a variance to allow the awning sign and are scheduled before the Board of Adjustment at the November hearing.

Chair Olson noted for the record that no public is present for this item.

Commissioner Rennels stated that if the applicant has submitted a variance application, perhaps action should be taken pending the outcome of that hearing.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners find a violation exists, require compliance within 30 days of a decision by the Board of Adjustment in November and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

4. DINARDO'S OLD BARNSTORE ZONING VIOLATION: 1050 BIG THOMPSON CANYON ROAD.

This is an alleged violation of Section 8.7.3(F) "Only those signs that identify a legal, principle use on the same lot with the sign are allowed." Staff findings are 1. The signs are clearly off premise and not located on the same parcel as the Old Barn Store; 2. The Larimer County Land Use Code does not allow off premise signs; 3. It is an economic advantage over other local businesses to have illegal off premise signs. Legal off premise signs that are non-conforming, such as billboards, are handled through independent contractors and require fees for such advertisements. Staff recommendation is to find that a violation exists; require compliance within 10 days; and authorize legal action if the deadline is not met. Authorize legal action if these, or any other illegal signs for this business, are erected in the future.

Mr. Bruce Pennington, property owner, stated that all signs are on the same property as the old barn store and are necessary for economic value because when they were removed previously, a 50% decrease in business was realized. Mr. Pennington noted that the entire off sign issue is due to a civil suit involving an area resident.

Commissioner Disney excused himself to attend another meeting.

Ms. DeLude stated that there are signs in both directions, east and west, that are not located on the same property as the store for which they advertise and are therefore defined as "off premise signs", which are a violation.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners find a violation exists, require compliance within 10 days and authorize legal action if these, or any other illegal signs for this business are erected in the future.

Motion carried 2 - 0.

There being no further business, the hearing was adjourned at 5:15 p.m.

TUESDAY, OCTOBER 10, 2000

ADMINISTRATIVE MATTERS

(#660 & 661)

The Board of County Commissioners met at with Frank Lancaster, County Manager; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Claudia DeLude, Code Enforcement Officer; Deni La Rue, Community Information Officer; Donna Hart, Commissioner's Administrative Manager; Mindy Keen, Secretary II; Bob Keister, County Budget Manager; George Hass, County Attorney; and Jeannine Haag and Brian Treu, Assistant County Attorneys. Recording Clerk: Jean O'Connor.

1. PUBLIC COMMENT: The Board is available to the public from 9:00 - 9:30 a.m.

  1. APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 2, 2000:
  2. M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the minutes as presented for the week of October 2, 2000.

    Motion carried 3 - 0.

  3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF OCTOBER 16, 2000:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the schedule for the week of October 16, 2000 as submitted.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as published on the consent agenda for October 10, 2000:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions are approved: Chung, Clinic, Sinner (2).

A00-137 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND KONE, INC. FOR ELEVATOR SERVICES

A00-138 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CRAIG L. AND LISA E. WRIGHT

A00-139 CONSULTING AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SOULBOURNE FOR HUMAN RESOURCES/PAYROLL ANALYSIS PROJECT

A00-140 CONSULTING AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JEAN BATCHELDER, dba ACCESS BY DESIGN, LLC FOR ADA COMPLIANCE TYPE PROJECTS

A00-141 AGREEMENT FOR CONVEYANCE OF REAL PROPERTY BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF LOVELAND FOR THE JAYHAWKER GRAVEL PIT

C00-54 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BREEN CONSTRUCTION

C00-55 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MOUNTAIN CONSTRUCTORS, INC.

R00-211s FINDINGS AND RESOLUTION APPROVING THE COLONA CONDOMINIUMS

R00-212s FINDINGS AND RESOLUTION DENYING THE PEARL CREEK ESTATES SUBDIVISION PRELIMINARY PLAT

R00-213s RESOLUTION AMENDING THE ESTES VALLEY DEVELOPMENT CODE

MISCELLANEOUS: Lamb Minor Land Division #00-S1639; Thompson-Wright Subdivision Final Plat; Amended Plat lots 1 & 2 in Stanton Meadows; Amended Plat Crystal Lakes 15th Filing PUD lots 86 & 87; Amended Plat of lots 2A, 13 & 14, Block 7 of Ramona Heights.

LIQUOR LICENSES: The following license is approved: Mexican Inn- 6%- Loveland, CO. The following license is issued: Fort Collins Country Club- 6%- Fort Collins, CO.

Motion carried 3 - 0.

5. WORK SESSION: Ms. Keen presented the Board with a list of citizens that are recommended for appointment to the Larimer County Workforce Investment Board (WIB). Mr. Lancaster noted that this Board is mandated by the Federal Government and replaces the Larimer County Private Industry Council (PIC). Mr. Lancaster also stated that a waiver from county policy would be required if Peggy Auker is appointed since she does not reside in Larimer County.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the recommened citizens to the Larimer County Workforce Investment Board and waive county policy regarding residency for Peggy Auker.

Motion carried 3 - 0.

The following citizens are appointed to the Larimer County Workforce Investment Board for a two year term October 10, 2000 through June 30, 2002: Frank Bruno; Mary Cosgrove; Liz Glathar; LeRoy Gomez; William Harper; Kathy Louderback; Roland Mower; Jean Thomas; and Nancy Wear. The following citizens are appointed for a four-year term October 10, 2000 through June 30, 2004: Phyllis Abt; Peggy Auker; Linda Conte; Carol Garton; Vicky Heitman; Sharon Kulesa; Tom Looft; Julie Love; Tim Mulcahy; Kelly Peters; Glen Rathgeber; Joe Rowan; Duane Rowe; Holly Sample; Anne Walker; and Charles Washington.

Mr. Lancaster briefed the Board on the budget proposals received to date from county departments for 2001. Mr. Lancaster also noted that the Sheriff's Department and Facilities Department are both over budget for this year and that "carry over" money will be used to fund these departments for the balance of the year. The Sheriff's Departments overage is attributed to the jail and the contractor. Commissioner Disney expressed concern that the citizens of Larimer County will now bare the cost of the contractors' inability and asked if there is anything more that can be done to hold the contractor responsible. Mr. Lancaster stated that the County Attorney had pursued the issue to no avail.

As for the 2001 budget, Mr. Lancaster continued, the following goals have been achieved: Employees are within the 50th percentile based on free market; Replacement fund is fully funded; 1.9 million will go to roads; and one million dollars will be placed in capital expenditures. Mr. Lancaster provided the Board with a list of recommended uses for 2001 surplus. Mr. Keister stated that he is pleased the County is able to keep employee pay up, add an additional 200,000-sq. ft. in office space and maintain departments at a reasonable level.

At this time Mr. Hass joined the meeting and Commissioner Disney inquired as to the County's ability to collect overages back from the contractor for the jail. Mr. Hass stated that this issue could be pursued further, however the cost/benefit analysis would be a factor.

6. COMMISSIONER REPORTS: Commissioner Rennels distributed information she received at a meeting on growth. Commissioner Rennels also noted that she had attended a CCI meeting with Lew Wymisner at which he presented information on the enterprise zones and tax credits. The information was well received and Mr. Wymisner was requested to present the information again at the winter CCI conference.

7. LEGAL MATTERS:

EXECUTIVE SESSSION

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:50 a.m. to discuss pending litigation.

Motion carried 3 - 0.

Executive session ended at 11:40 a.m., no action was taken.

LIQUOR LICENSE HEARING

for

HORSETOOTH JUNCTION

(#661)

The Board of County Commissioners met at 1:30 p.m. with George Hass, County Attorney; Chair Olson presided and Commissioner Rennels was present. Also present was Jean O'Connor, Recording Clerk.

Mr. Hass stated the purpose of this hearing is to consider testimony regarding the approval of a retail 3.2% Beer On/Off Premises license for Horsetooth Junction, 4025 W County Road 38E, Fort Collins, CO 80526. At this time Bruce M. Lynn and Danett L. Lynn, applicants, were sworn in and submitted two pictures and a petition which Mr. Lynn stated was reasonably circulated.

Mr. Hass asked, in the applicants' opinion, is it the desires of and is there a need in the area for this type of establishment, based on any conversations with residents while circulating the petition. Mr. Lynn replied in the affirmative and noted that the other store in the area had recently closed due to the low water levels of Horsetooth Reservoir.

Mr. Hass asked if the applicants have knowledge of and the responsibilities that go along with a liquor license and sale of alcohol. Mr. Lynn stated that all patrons appearing to be under the age of 35 will be carded, and attention will be paid to mannerisms and speech. Ms. Lynn stated that she has read the Colorado Department of Revenue Liquor and Beer Codes and that she and her husband will be the only persons working at the establishment.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a Retail 3.2% Beer On/Off Premises liquor license to Bruce and Danett Lynn dba Horsetooth Junction, 4025 W County Road 38E, Fort Collins, CO 80526.

Motion carried 2 - 0.

There being no further business, the hearing was adjourned at 1:45 p.m.

__________________________________

CHERYL OLSON, CHAIR LARIMER

COUNTY BOARD OF COMMISSIONERS

MYRNA RODENBERGER

LARIMER COUNTY CLERK AND RECORDER

(S E A L)

A T T E S T

__________________________________

Jean M. O'Connor, Clerk to the Board

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