PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, October 23, 2000

laND USE MEETING

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The Board of County Commissioners met with Larry Timm, Director of Planning. Chair Pro-Tem Rennels presided and Commissioner Disney was present. Also present were Rob Helmick, Senior Planner; Sean Wheeler, Planner II; Sylvester Mabry, Civil Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk: Gael Cookman.

Chair Pro-Tem Rennels stated that the following items are consent and will not be discussed unless requested by the Board or members of the audience.

  1. HASENAUER 2ND AMENDED EXEMPTION, PARCELS C AND D: NW 1/4; 36-05-69; ON THE EAST SIDE OF US 287 (S. LINCOLN AVE.) SOUTH OF SH 402 IN LOVELAND
  2. This is a request to adjust the boundary line between Parcels C and D within the Hasenauer 2nd Amended Exemption. This adjustment will increase the size of Parcel C and decrease the size of Parcel D. Staff findings are 1. The proposed amended exemption is compatible with other development in the surrounding area; 2. Approval of the amended exemption will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 3. The amended exemption will not adversely affect property values in the surrounding area. Staff recommendation is approval of the Hasenauer 2nd Amended Exemption for Parcels C and D as described in File #00-S1649.

  3. MILLER SUBDIVISION PRELIMINARY PLAT: 27-07-68; ON THE EAST SIDE OF I-25 AND NORTH OF COUNTY ROAD #40, APPROXIMATELY 2.3 MILES EAST OF FORT COLLINS, AND 3/4 MILE NORTHWEST OF THE TOWN OF TIMNATH.

This is a request for a preliminary plat to divide 11.8 acres into 3 lots for single family residential uses. The applicant is also requesting a waiver from the following Land Use Code requirements; Provision of a Water Quality Management Plan; Provision of a Traffic Impact Report; Provision of a Landscaping Plan. Staff recommendation is approval with the following conditions 1.The Final Plat of the Miller Subdivision shall be consistent with the information contained in the file, #00-S1606 or as modified by conditions of approval; 2. The applicant shall comply with the requirements of the Larimer County Engineer, as contained in the Engineering Staff Report dated July 11, 2000; 3. The applicant shall comply with the requirements of the Larimer County Department of Health and Environment as contained in Staff Reports dated July 5, 2000 and November 18, 1999, including compliance with Section 8.12 (Water Quality Management Standards) of the Land Use Code; 4. The applicant shall obtain all remaining building inspections for the existing structures at the site, per the memo dated July 20, 2000, from the Building Department Code Enforcement Section, prior to Final Plat approval; 5. The applicant shall provide a letter of approval from the Ditch Company. The applicant shall also show a minimum 25 foot access easement along the ditch, or one of another size that is agreed to by the Ditch Company. Finally the applicant shall include a note on the plat that states the Ditch Company has a right to access and maintain their ditch; 6. F. The following fees shall be collected at building permit issuance for new single-family residential units; Poudre R-1 School Fees; Larimer County fees for County and Regional Transportation Capital Expansion, and the Larimer County Park Fees (In Lieu of Land Dedication). The fees that are current at the time of building permit shall apply; 7. The following notes shall be on a final disclosure statement: a) 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; b) 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; c) 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; d) 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; e) 5. 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; f) Engineered footing and foundation plans shall be required for all construction on these lots; g) Underground utilities shall be required.

3. STANTON BRIDGE PUD RELEASE OF COLLATERAL / ESTABLISHING WARRANTY COLLATERAL: 24-06-69; ON THE SOUTH SIDE OF CR. 32 APPROXIMATELY 1/2 MILE EAST OF HWY. 287 AND 1/4 MILE WEST OF CR.13.

This is a request for the release of collateral/SIA for public improvements. Staff recommendation is to approve the release of the collateral in the amount $97,219.25 for the public improvements for the Stanton Bridge PUD and approve and execute a warranty collateral agreement that retains 15% warranty collateral ($22,162) for two years.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Hasenauer 2nd Amended Exemption, Parcels C and D #00-S1649; Miller Subdivision Preliminary Plat #00-S1606; and Stanton Bridge Planned Unit Development Release of Collateral #97-MS0991 as outlined above.

Motion carried 2-0.

Meeting adjourned at 3:05 p.m.

TUESDAY, OCTOBER 24, 2000

ADMINISTRATIVE MATTERS

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The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Olson presided and Commissioner Disney was present. Also present were: Deni La Rue, Community Information Officer; Donna Hart, Commissioner's Administrative Manager; Marc Engemoen, Public Works Director; and Jeannine Haag, Assistant County Attorney. Recording Clerk: Gael Cookman.

  1. PUBLIC COMMENT: The Board is available for Public Comment from 9:00 a.m. - 9:30 a.m. each week.
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 16, 2000:
  3. M O T I O N

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

    Motion carried 2-0.

  4. APPROVAL OF THE SCHEDULE FOR THE WEEK OF OCTOBER 30, 2000:
  5. M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the schedule for the week of October 30, 2000 as submitted.

    Motion carried 2-0.

  6. APPROVAL OF CONSENT AGENDA:
  7. 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 of October 24, 2000:

    A00-144 OPEN LANDS MASTER PLAN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DHM DESIGN CORPORATION

    R00-216s RESOLUTION REGARDING THE RELEASE OF COLLATERAL FOR SUBDIVISION PLAT FOR TRAILS OF VISTA BONITA PLANNED UNIT DEVELOPMENT

    R00-217z AMENDED RESOLUTION APPROVING AMENDMENTS TO LARIMER COUNTY LAND USE CODE

    R00-217g LARIMER COUNTY BUILDING CODE AMENDMENT FINDINGS AND RESOLUTION

    R00-219s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR STANTON BRIDGE PLANNED UNIT DEVELOPMENT

    R00-220g RESOLUTION FOR CONVEYANCE AND QUIT CLAIM DEED BY THE BOARD OF COUNTY COMMISSIONERS TO CORRECT ERRONEOUS LEGAL DESCRIPTION REGARDING PURCHASE OF DEVIL'S BACKBONE PROPERTY

    MISCELLANEOUS: Lot 1 Block 2 Windcliff Estate 4th Subdivision and Lots 1,2,3 of 3rd Amended Plat of Lot 2 Block 2 Windcliff Estate 4th Subdivision; Amended Plat of Lot 4 and Lot 5 Division 8 High Drive Heights; Approve Application for State Special Bridge Funds and Estimate for Replacement of Bridge # LR5-0-64 Over the Poudre Valley Canal; Approve Funding From the Local Law Enforcement Block Grant For a District Attorney Investigator's Position to be Housed at the Juvenile Assessment Center.

    LIQUOR LICENSES: The following licenses were issued: Al's Canyon Grille - 6% - Fort Collins, CO; Horsetooth Liquor - 6% - Fort Collins, CO.

    Motion carried 3-0.

  8. CITY OF FORT COLLINS ART IN PUBLIC PLACES PROGRAM: Ellen Martin and Libby Colbert addressed the Board noting that they work with the Art in Public Places Program; Ms. Colbert submitted a handout for the Board to review in reference to the Civic Center Four Corners Project. The handout contained examples of the bronze pavers and light pole enhancement sculptures that will be used to enhance the streetscape along Mason Street from Mountain Avenue to Maple Street. Ms. Martin noted that Andrew Dufford was the artist chosen for this project, and she stated that they welcome any comments or feedback from the Board regarding this project. Commissioner Disney asked how the artist was chosen, and Ms. Martin noted that he was selected from a pre-approved list of artists for the Art in Public Places Program.
  9. AGREEMENT CONCERNING BUREAU OF RECLAMATION FUNDING: Mr. Engemoen requested Board approval on an agreement between Larimer County and Werthwhile Enterprises, LLC which will allow Larimer County to pass funds from the Bureau of Reclamation (BOR) to Werthwhile Enterprises, LLC. Mr. Engemoen noted that Werthwhile Enterprises, LLC is the marina operator at Inlet Bay, and the marina has basically been put out of business until the water levels at Horsetooth Reservoir return to "normal" conditions. He noted that Larimer County does have a vested interest in this facility as the County does share in the profits of this business, and it is an important part of the recreation piece of Horsetooth Reservoir. Mr. Engemoen stated that the BOR has agreed to provide funds in the amount of $175,000 to be used for operations maintenance and capital improvements during the time that the water levels are low, if the County provides a match, which the County is providing with in-kind services. Finally, Mr. Engemoen noted that Werthwhile Enterprises, LLC is willing to repay a portion of the pass through funds, and that the amount of repayment will equal the amount of the principal, on the outstanding debt for the marina, which has been reduced by using the pass through funds. Some discussion ensued regarding whether or not Werthwhile Enterprises, LLC should be required to pay back any monies, and Mr. Engemoen noted that this was the operator's idea and that he wanted to do this.
  10. M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the agreement between the Board of County Commissioners and Werthwhile, LLC concerning the Bureau of Reclamation funding to preserve and maintain recreation infrastructure at Horsetooth Reservoir while water levels are low as a result of the Bureau of Reclamation's Safety of Dams project.

    Motion carried 2-0.

    A00-145 AGREEMENT BETWEEN THE BOARD OF LARIMER COUNTY COMMISSIONERS AND WERTHWHILE ENTERPRISES, LLC REGARDING THE BUREAU OF RECLAMATION PASS THROUGH FUNDS FOR INLET BAY MARINA

  11. WORKSESSION: None
  12. COMMISSIONER REPORTS: None
  13. LEGAL MATTERS: Mr. Lancaster noted that Lincoln County is having the same problem as Larimer County in determining the correct way to handle special events that are held on private property. He explained that Lincoln County is looking into the possibility of a Temporary Non-Conforming Use Permit, which would allow for a one-time, temporary event held on private property. Mr. Lancaster also presented Ms. Haag with a copy of an old State Statute that governs Dance Hall Permits, he suggested that this might be a way that the Larimer County Sheriff could have some control over the Raves and other dance events that take place within the County. Ms. Haag stated that she would review both of the documents and respond back to Mr. Lancaster and the Board.

Meeting adjourned at 10:40 a.m.

___________________________________________

CHERYL OLSON, CHAIR

LARIMER COUNTY COMMISSIONERS

 

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

(S E A L)

A T T E S T

___________________________________________

GAEL M. COOKMAN

CLERK TO THE BOARD