PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, January 24, 2000
LAND-USE PLANNING MEETING
The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Carol Evans, Fred Starr, Sean Wheeler, and Matt Lafferty, Planners II; John Pedas and Claudia DeLude, Code Enforcement Officers; Sylvester Mabry, Civil Engineer; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.
Chair Olson noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. Commissioner Disney requested that the Amended Plat of Tract "A" of the Amended Plat of Lots 9 and 15, First Replat of Puebla Vista Estates be removed from the agenda to discuss a concern and possible tabling of the item.
THE NORTHEAST CORNER OF THE INTERSECTION OF COUNTY
ROAD 27 AND APPLE VALLEY LANE
This is a request for Preliminary Plat to subdivide a 21.7 acre parcel into 2 lots of 5.41 and 16.27 for single family residential use. The Planning Commission/Staff recommendation is for approval of the Thompson-Wright Subdivision Preliminary Plat with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat, including all notes, natural hazards (geologic, wildfire and floodplain) delineations, building envelope, right-of-way (reserved and dedicated) and easements. Dedicated right-of-way of 50 feet from the centerline of CR 27 from the north property line to just north of the existing house and existing irrigation riser shall be required. The portion of the land 50 feet from the centerline of CR 27 between the irrigation riser and the south property line shall be reserved for right-of-way; 2) The following notes shall be included on the Final Plat: A) Rural Area Issues: a) The riparian zone of Buckhorn Creek is a natural travel way for wildlife. Lot owners should expect negative interactions with wildlife. There is a potential for nuisance conflicts with wildlife (such as mountain lions, black bear, coyotes, deer, skunks, raccoons, prairie dogs and snakes). Smooth wire fencing should be used when possible to reduce potential for deer to be caught in fences. To protect both wildlife and pets, dogs and cats should not be allowed to roam free. Wildlife may be attracted to ornamental plantings, pet food, bird feeders, livestock feed, trash and barbecue grills. Lot owners should expect these types of interactions and be prepared to address wildlife conflicts if they arise. Larimer County is not able to mitigate nuisances if they develop, although information on managing these issues is available. Information is also available from the Colorado Division of Wildlife; b) 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; c) 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; d) 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; e) Lot owners should be aware that stone quarry operations exist in this area. Activities at these quarries may generate dust and noise; f) If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture. Overgrazing will produce bare ground, weeds, erosion and polluted runoff. Lot owners who plan to keep livestock on these lots should contact the Larimer County Cooperative Extension Service for information about pasture management; B) Prior to any work taking place in wetlands on this property, the U.S. Army Corps of Engineers must be contacted to determine if permits are required from that agency; C) School bus pickup is located at the intersection of Apple Valley Land and County Road 27; D) Apple Valley Land and its associated emergency access easement were dedicated to the public on the plat of the Junks MRD (#S-187-92), which was recorded at Reception #93097944. These roads are located to the south of the subject property. The owners of lots in the Thompson-Wright Subdivision, which take access from Apple Valley Lane, shall participate in its maintenance; E) An access permit will be required for access to Apple Valley Lane. A minimum 15" diameter culvert, with flared end sections, must be installed; F) County Road 27 right-of-way: 1) If the County finds it necessary to widen County Road 27, and the existing house on Lot 1 has not been moved or town down and is still habitable, the reserved right-of-way will be purchased from the owners of Lot 1 and any appropriate damages paid. The party responsible for widening the road will also be responsible for relocation of existing irrigation facilities and fencing currently within the right-of-way; 2) If the County finds it necessary to widen County Road 27, and the existing house on Lot 1 has been moved, torn down, or is uninhabitable, the owners of Lot 1 will dedicate the reserved right-of-way; 3) The reservation does not preclude the owner from improving or repairing any portion of the reserved land. The existing fence adjacent to CR 27 may be repaired or rebuilt in its existing location; G) Underground utilities will be required; H) The Loveland Fire District requires that approved address numbers be posted on new and existing buildings so that they are plainly visible and legible from the street. All new residential structures are required to have an exterior flashing strobe light located on the exterior of the building so that it is visible from the street; I) Expansive soils may be present in this area and engineered footing and foundation plans will be required for construction on these lots. Site specific testing at the building sites on these lots should be conducted to determine soil and groundwater conditions and specific foundation requirements. In the event that shallow groundwater is encountered within 5 feet of the proposed foundation depth, the Colorado Geological Survey recommends that either the building foundation be elevated or perimeter drains be installed around subsurface foundations; J) 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; K) The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R2-J school fees and Larimer County fees for County and Regional Transportation Capital Expansion and Larimer County Park Fee (in lieu of dedication). The fee current at time of building permit application shall apply; 3) The developer is responsible for all required subdivision improvements. A paved apron at the intersection of County Road 27 and Apple Valley Lane will be required. The Final Plat application must include applicable construction plans, erosion and drainage control plans, a development agreement, and collateral; 4) Prior to recording the Final Plat, the dump site on Lot 2 shall be cleaned up according to the standards administered by the County Department of Health and Environment; 5) Information regarding the water supply for this development, as requested by the Colorado Division of Water Resources or written verification from that agency that their concerns have been satisfactorily addressed, shall be submitted with the Final Plat application; 6) The owners of lots in this subdivision which take access from Apple Valley Lane shall participate in the maintenance of that road. The Final Plat application must include documents regarding road maintenance/participation in the existing maintenance organization.
(#99-S1516): NW 1/4 35-05-73 - 1.3 MILES SW OF ESTES PARK,
OFF THE SOUTH SIDE OF U.S. 36, ON THE EAST SIDE OF STRONG
AVENUE; .95 ACRES; 4 LOTS; E-1 ESTATE ZONING
This is a request for an amended plat to adjust 2 existing boundary lines between 4 lots in the Ferguson's Subdivision. Staff findings include: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution and the Larimer County Subdivision Resolution. This application is being processed under the previous 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, except as noted with regard to the proposed vacation of the trail easement; 4) Property values in the surrounding area would not be adversely affected by the amended plat. The staff recommendation is for approval of the amended plat of Lots 7, 3 & 6, Block 1 of the Ferguson's Subdivision, subject to the following condition: 1) The applicant shall provide all required utility checklists as required.
PLAT (#99-S1515): NE 1/4 01-06-70, 4 MILES SW OF FORT COLLINS ON
THE SOUTH SIDE OF CR 38E, SOUTH OF HORSETOOTH MOUNTAIN
PARK; 3.8 ACRES; 1 LOT; O-OPEN ZONING
This is a request for an amended plat to combine 3 existing lots into a single lot within the Horsetooth Lakes Estates Subdivision. Staff findings are: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution and the Larimer County Subdivision Resolution; 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, except as noted with regard to the proposed vacation of the trail easement; 4) Property values in the surrounding area would not be adversely affected by the amended plat. The staff recommendation is for approval of the amended plat of Lots 292, 293 & 294A of the Horsetooth Lake Estates Subdivision, subject to the following conditions: 1) The applicant shall provide all required utility checklists as required; 2) The final amended plat shall show the required utility easements.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Thompson-Wright Subdivision (#99-S1426); Fergusons Subdivision Lots, 3, 6 & 7 Amended Plat (#99-S1516); and the Horsetooth Lake Estates, Lots 292-294 Amended Plat (#99-S1515); each, with the conditions as outlined.
Motion carried 3 - 0.
9 AND 15, FIRST REPLAT OF PUEBLA VISTA ESTATES (#98-SA1216):
SE 1/4 OF 36-08-69 BETWEEN LORRAINE DRIVE AND MARLENE DRIVE;
1.32 ACRES; 1 LOT; FA-FARMING ZONING
This is a request to vacate a portion of Tract "A" (a detention pond, drainage and utility easement) to allow the creation of a building envelope. Mr. Burns stated that the applicant has made the request to replat the detention pond into a smaller pond with the same volume and too add a new lot; he noted that there is a ground water condition extending from north to south through the middle of the subdivision causing the properties to have muddy conditions and distress to the streets. Mr. Burns has worked with the applicant's engineer to prepare a plan for the reconfiguration of the detention pond and placement of a pipe in the burrow ditch to lower ground water levels in the subdivision. Mr. Burns noted, however, that a representative from the homeowner's association expressed concern about the detention pond being replatted as a lot and he felt that the developer should pay 100% of the cost of the outfall stormwater pipe that goes along the street and enters the Larimer-Weld Canal. Mr. Burns suggested that the cost be shared among the benefiting properties that front on the street and the developer; he noted that the developer feels it would be unfair for him to bear 100% of the cost of the line. Mr. Burns suggested this item be tabled to allow time to schedule a meeting with the developer, the homeowner's association, Mr. Burns, the Planning Staff to try and work on a satisfactory solution with regard to the cost of the improvements. He noted that the street is also in need of repair and if a stormwater line is going to be installed, it makes sense to fix the street at the same time. Bob Morris, applicant, provided the history of the subdivision, noting he took it over 15 years ago when it was in foreclosure, and he described what he plans to do; he stated that if they can get the water table low enough, then it is not going to be a big mushy mess out there and they can have a green belt and esthetically everyone would gain from it. Mr. Morris stated that he thinks all concerns can be resolved through a meeting.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners table the Amended Plat of Tract "A" of the Amended Plat of Lots 9 and 15, First Replat of Puebla Vista Estates (#98-SA1216) until 3 p.m. on March 20, 2000.
Motion carried 3 - 0.
(#99-ZV1299): 2762 W, COUNTY ROAD 16 IN LOVELAND
This alleged violation is for storing a single-wide mobile home on the property and using a portion of the property for outdoor auto detailing/repair. Mr. Pedas submitted a letter from the property owner's attorney giving notice that Mr. Thomas will have the mobile home removed from his property within 30 days and that all of the cars he was requested to remove will be removed on or before January 30, 2000; the letter stated that the property owner would not be present for today's hearing. Mr. Pedas provided the background information regarding the alleged violation and reviewed the major issues and concerns. Staff findings are: 1) The subject property is zoned FA-Farming District; 2) The FA-Farming District does not permit commercial auto repair/detailing operations; 3) A variance to allow the mobile home as a second dwelling on the property was denied by the Larimer County Board of Adjustment on October 28, 1997; 4) Continued use of the property for auto related activities and mobile home storage facilities will affect property values in the neighborhood. The staff recommendation is for the Board to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners find in the matter of the Thomas Mobile Home/Auto Detail Shop Violation that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.
Motion carried 3 - 0.
The hearing recessed at 3:35 p.m.
CONTINUATION OF LAND USE HEARING
The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Jim Reidhead, Director Rural Land Use Center; Rusty McDaniel, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.
05-06-70 AND 32-07-70 - 3.6 MILES NORTH OF MASONVILLE ON NORTH
COUNTY ROAD 27; 195 ACRES; 10 LOTS; O-OPEN ZONING
This is a request to divide 195 acres in the following manner: Up to 10 single-family home sites ranging in size from 2 1/2 to 8 acres (including the existing two home sites). The residential sites will occupy a maximum of 65 acres and no residential development will be allowed on the remaining land, known as "residual land". The residual land, approximately 130 acres, will be protected in perpetuity by a conservation easement, as required under the RLUP. Mr. Reidhead introduced the applicants, identified the location of the subject property on a map, and reviewed photos of the area. Mr. Reidhead stated that a neighborhood meeting was held on April 26, 1999 and 25 residents attended and there was opposition to the drilling of new domestic water wells on the west side of the river. An additional concern was the river crossing, but Mr. Reidhead stated that a lot of headway has been made addressing this concern. Mr. Reidhead stated that the applicants are requesting approval of 13 potential lots with the understanding that only 8 will be chosen depending on the final design and cost of the river crossing. Mr. Reidhead noted that the Rural Land Use Advisory Board supported this project; there were two votes against it mainly because of lack of information regarding the final location of the sites. Mr. Reidhead noted that he does not support residences on Lots 9 and 10, as that area is an existing irrigated pasture. With regard to construction standards, Mr. Reidhead stated that he would like to see Appendix G of the Larimer County Land Use Code - Design and Construction Standards for Private Local Access Roads - to be a starting point. Mr. Reidhead stated that he and the RLUAB think that one attribute of this project is the perpetual conservation easement and comprehensive management plan that will be placed on the residual land. Discussion and questions from the Board followed; Commissioner Disney recommended that a condition needs to be included stating that when the 8 lots are designated, the remaining 5 lots go under the conservation easement. Mr. McDaniel provided an overview of the project; he noted that he met with Mr. Jacobson several times to discuss the river crossing at the Buckhorn. He stated that in the beginning, they were concerned with the two points of access; based on the low number of lots of the east side, Engineering is willing to consider a 16 ft. wide crossing, as proposed by Mr. Jacobson, as long as there is adequate site distance and the Fire Department concurs. Mr. Ryan briefly explained the Health Department's reasoning behind their recommendation about sewer systems; he noted that this property has three different kinds of land forms - the flood plain in the riverway, the upland benches or shelves, and upland with rock outcrops on the north--an area that has conservation value, but from an on-site sewer system, you want to avoid. Therefore, the two locations of the two clusters on the east and west side are taking advantage of the best conditions. Mr. Ryan stated they are particularly concerned about Lots 1 through 5 and so they are asking for a site plan to be developed prior to final platting to show the conceptual way these lots would be developed (Conditions 3 & 4). Mr. Reidhead acknowledged that very few people read the plat notes and, as part of the new PLUS Code, they are including a disclosure statement as well as a notice on the plat. Commissioner Disney stated that he wants a sign erected on the bridge to inform people that this bridge is designed for a 10-year flood.
Applicant Gary Jacobson reviewed the details of his original proposal as presented at the first neighborhood meeting, noting it had a total of 8 sites; the plan was then changed because originally he thought that putting in a 6 ft. culvert on the north end to allow CR 27 to cross over the Buckhorn would meet all the requirements. Mr. Jacobson stated that the reason he is requesting the five option lots is because he doesn't know the cost of engineering costs and FEMA regulations for the bridge, and they may not be able to use Lot 11 because it might be in the floodplain. Mr. Jacobson said that if the cost for building the bridge gets too costly, they will not build the bridge and will move 4 of the lots proposed for the east side to be built on the west side. Mr. Jacobson concurred with Commissioner Disney that if they go with the 16-ft. bridge, it definitely has to be signed as a one-way bridge, etc.; he stated that they also prefer to not use Lots 9 and 10. With regard to the covenants, Mr. Jacobson stated that attorney Jim Martell is working on them and they will be very specific; he noted that the people that buy the lots will be able to use the open space for horseback riding, hiking, fishing, etc. Commissioner Rennels stated that the covenants also need to address the fact that there is water in the ditches that running through the property.
At this time the hearing was opened for public comment. Tony Gardner, adjacent property owner, stated that his concern is with the new configuration of the plan where they went from 1 house on the west side to potentially 5 houses. Mr. Gardner continued that he is concerned about water issues and if the bridge can't be built, all these lots will be built near him and they could have 6 wells within a 400 to 500 ft. radius. Dale French, adjacent property owner to the west, stated that when he purchased his property in 1984, he knew there would never be any houses in front of him and now there are 6 houses proposed. Commissioner Disney stated that O-Open Zoning allows one house per 10 acres and the applicant is allowed to do a much more intense cluster than what is being proposed. With respect to the concerns raised by Mr. Gardner and Mr. French, Mr. Jacobson noted that they chose to build their houses right next to his fence line. Mr. Ryan provided some general information about wells; he noted that all ground water in the State of Colorado is considered a State resource and that is why the Colorado Division of Water Resources issues well permits statewide. Mr. Ryan continued that there is an assumption in Colorado Law that at a density of 1 unit per 35 acres, there is no injury and so they issue well permits for those 35 acres without any investigation, but when one subdivides at a density greater than 1 unit per 35 acres, the State requires a water plan of augmentation. Mr. Ryan noted that a well permit is a license to drill water, but it is no guarantee that water will be found and in no way a guarantee that neighbors will not be impacted, but they are going to try and prevent that by the site planning effort by separating wells to prevent water quality problems and he is confident they can do that, but cannot guarantee it.
At this time, the hearing moved into the discussion phase; Commissioner Rennels stated that in doing engineering systems, a lot of the concerns will be addressed and she would like to see the issues of the bridge and ditch company recognized in the covenants. Commissioner Disney concurred that the ditch company needs to be recognized in the covenants and a sign erected on the bridge that it is designed to accommodate a 10-year flood event. He continued that the issue of the wells causes enough concern that he urges the development to be on the east side of the river if at all possible.
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 for the following reasons: 1) RLUC Staff and Rural Land Use Advisory Board supports the Jacobson Preliminary Rural Land Plan based on: a) The applicant's planning and design rationale for the project, which is consistent with the RLUP; b) The applicant's willingness to dedicate a perpetual conservation easement for the residual land; c) The increased standards for the river crossing; d) The desire to keep houses off the majority of irrigated ag land; e) The preservation of the river corridor and the willingness of the applicant to design the project to minimally infringe on the corridor and f) The applicant's willingness to complete the desired environmental studies for Preble's Meadow Jumping Mouse. 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; 2) Although supporting the applicant's desire for residential site selection options, staff does not support placing residences on Lot 9 and 10. This is an irrigated hay meadow. Staff is recommending that these two sites be eliminated as potential home sites, resulting in a total number of 11 potential residential sites from which 8 will be selected, rather than 13 potential residential sites as proposed by the applicant; 3) It is appropriate that the river crossing and other engineering designs, including utilities, roads, right-of-way dedication, storm water plan, and erosion control plan, be designed in accordance with standards set forth in Appendix G of the Larimer County Road Manual. These engineering designs should be prepared and stamped by a qualified professional engineer licensed in the State of Colorado: A) Appendix G of the Larimer County Land Use Code-Design and Construction Standards for Private Local Access Roads (Page G-8, Section G.7.H.2-Site Drainage for multiple-residence accesses which states "Road systems accessing multiple residences (e.g. rural subdivisions) must provide cross culverts, as needed, to maintain natural drainage patterns...Such structures must be sized to pass at least the flow generated by a 10-year storm." And B) Larimer County Land Use Code Section 5.8-Rural Land Use Process (pg. 5-35, 5.8.6.D.1-Development Standards which states: "In recognition of...the voluntary nature of the Rural Land Use Process, the standards that are applied---will be those necessary for public health, safety and welfare, and any which are imposed on 35-acre developments under other regulations"; 4) Based on geologic formations on the Jacobson property, it appears that the best location for the residential sites is on the east side of the Buckhorn River. Because of underlying sedimentary formations, domestic wells drilled in this area will in all likelihood 1) Provide ample water and 2) Dramatically lessen potential of injury to neighboring wells; 5) 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; 6) The site-based incentives (5 density bonus units, or 100%) provide the landowners with roughly equivalent benefits that they would obtain through dividing their property into individual 35-acre tracts, particularly in light of the fact that the development standards are increased by using the RLUP. As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County. Those benefits are summarized below: a) Conservation easement in perpetuity with comprehensive management plan; b) Protection of river corridor and highly-visible land; c) Protection of wildlife habitat, including Preble's Meadow Jumping Mouse habitat; d) Prohibition of locating homes on ridgelines; e) Homeowners association protective covenants with architectural controls; f) Transportation capital expansion fees charged against project; g) Ability to assess and collect school and park fees; h) Fewer residences than likely allowed through subdivision process; i) Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels; 7) The plan is generally compatible with the existing neighboring land uses.
The Rural Land Use Center Director/Staff recommendation is for approval of the Jacobson Preliminary Rural Land Plan, with the following contingencies, as amended, to be met prior to approval by the Board of County Commissioners of the final plat: 1) River cross and other engineering designs, including utilities, roads, right-of-way dedication, storm water plan, and erosion control plan, shall meet 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; 2) A complete geo-technical investigation and engineered footing and foundation plan is required of each building site prior to construction and reviewed by the Engineering Department; 3) A site plan showing potential locations of improvements, including sewer systems, wells, driveways and building sites, shall be submitted prior to final approval; 4) Preliminary soil test data shall be submitted prior to final approval. At a minimum, representative testing, consisting of percolation and soil profile tests, in the areas of Lots 1-5 and 12 shall be submitted; 5) Residual land conservation easement and management plan review and approval by County Attorney and the RLUC Director prior to final plat approval; 6) Homeowners' association covenants, including architectural controls and provisions for internal road maintenance, and the ditch information described in condition 12b below, need to be reviewed and approved by County Attorney prior to final plat approval; 7) Review and approval of final development agreement by County Attorney; 8) Building envelopes shall be located on each lot; 9) Installation of a dry hydrant for wildfire and structure fire protection in consultation with County Wildfire Coordinator; 10) Consultation with the USFWS to determine if Preble's Meadow Jumping Mouse habitat exists and incorporate any design changes into the plan if required by USFWS; 11) Floodplain study to be prepared by a professional engineer licensed in the State of Colorado and reviewed by County Engineering Department to determine suitability of Site 11 for residential development and/or specific location of appropriate building envelope; 12) The following should either be listed as a note on the final plat or a disclosure statement, approved by the County Attorney, shall be prepared for lot buyers at the time of purchase: a) Agreed upon river crossing standard shall be disclosed to purchasers. Wording to be determined and agreed to by RLUC Director and County Attorney before final plat approval; b) Statement informing purchasers about the ditch, the uses allowed by purchasers and ditch company, and associated costs with the ditch; should indicate ditch company contact name and phone number. This should be approved by RLUC Director and County Attorney before final plat approval; c) Automatic fire protection sprinklers are required for all new residential structures; 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 Colorado Division of Wildlife will not be responsible for conflicts or damage caused by bears or mountain lions in situations where food sources, like trash, bird feeders, and pet food are made accessible to these predators. Pets and backyard livestock should be confined to predator-proof kennels, coops, or hutches. The Division will be happy to provide brochures to assist in this process; f) Transportation Capital Expansion Fees in effect at the time of building permit issuance shall be assessed on each lot; g) Park fees in-lieu-of-land-dedication in effect at the time of building permit issuance shall be assessed on each lot; h) RLUP fees in effect at time of building permit issuance shall be assessed on each lot; i) School fees in-lieu-of-land-dedication shall be collected at the time of building permit issuance; j) The applicants agree to provide sales and other information to the Rural Land Use Center Director as necessary to insure that monitoring of the incentives can be conducted; k) At time of real estate closing, owner shall provide purchasers of residential lots and residual lands with "Code of the West", a County document which addresses differences between urban and rural living in Larimer County, and a copy of a disclosure statement which includes the information in condition 12 (a) and (b) above; l) 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; m) 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; n) 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; o) 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; p) 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; q) Horse pasture management: If livestock is to be kept on the small 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; 13) Sign language regarding the engineering design standards for the crossing shall be conspicuously displayed at the crossing site; 14) 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; 15) Applicant shall designate at time of final plat the 8 lots (out of the 13) which will be developed. The remaining 5 lots which are not selected for development will be included in the residual land; 16) Building envelopes shall be designated on the final plat for all lots and for the two existing dwellings.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Rural Land Use Center Director/Staff recommendation and approve the Jacobson Ranch Preliminary Rural Land Plan (#98-RLP0020), with the conditions as revised and outlined.
Motion carried 3 - 0.
The hearing adjourned at 8:45 p.m.
TUESDAY, JANUARY 25, 2000
(#571 @ 1500)
The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Bob Keister, Budget Manager; Dave Spencer, Facilities Manager; Jim Reidhead, Director Rural Land Use Center; Frank Lancaster, County Manager; Donna Hart, Commissioners' Administrative Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.
1. OPEN SESSION FOR PUBLIC COMMENT: John Meleski and Chuck Patton, members of an ad-hoc citizens committee formed in response to newspaper articles relating to the expenditure of $12 million from the 1997 bond issue to remodel the existing Larimer County Courthouse into office space, addressed the Board during the open session for public comment regarding the Board's reverse decision to possibly build a new Courthouse. They submitted a memo listing the newspaper articles and responses from County Manager and staff, which Mr. Patton read aloud, and a list of questions for the Board and Mr. Spencer to answer, which Mr. Meleski read aloud. Mr. Spencer responded to the questions and explained all the deficiencies of the present building and why it is more prudent to build a new building rather than remodel. Chair Olson stated that they have been analyzing the differences between remodel and build new for a long time and then the County Attorney informed them that it was not a decision the Board could make because of the way the ballot language was written and that we need to take it back to the citizens for a vote. Commissioner Disney stated that when they were planning the new Justice Center and expansion of the Detention Center, they didn't have the analytical capability the County has now and they didn't do a detailed analysis of remodeling this structure and they should have and now they are trying to correct the mistake and say to the voters "The most efficient thing we can do with your tax dollars is build a new structure, both for right now and in the future, and all the analysis indicates that " To construct new is by far the most efficient solution". Chair Olson noted that if the voters say to remodel this building, that is what they will do. Mr. Meleski stated that for the record they are not blaming anyone, they are just responding to newspaper articles and asking questions as to why the Board made the decisions they did.
2. APPROVAL OF MINUTES FOR WEEK OF JANUARY 17, 2000:
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of January 17, 2000, as submitted.
Motion carried 3 - 0.
3. APPROVAL OF SCHEDULE FOR WEEK OF JANUARY 31, 2000:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of January 31, 2000, as submitted and revised.
Motion carried 3 - 0.
4. APPROVAL OF CONSENT AGENDA:
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the following appointments and action and consent items as listed on the Consent Agenda for Document Review on January 25, 2000:
APPOINTMENTS: Appointment of Karen Wagner to the Environmental Advisory Board for a term effective January 25, 2000 through June 30, 2003. Appointment of Marcus Hopkins to the Youth Services Advisory Board for a term effective January 25, 2000 through June 30, 2003.
MISCELLANEOUS ITEMS: Annual Certification of Larimer County Road Mileage to the Colorado Department of Transportation; Restated Declaration of Covenants Conditions and Restrictions for Patterson Farm; Amended Plat of Lot 6 of the Patterson Farm Rural Land Use Plan; and Amended Plat of Lots 13 and 14 within the Kitchell Subdivision.
LIQUOR LICENSES: Approval was granted for a 6% SPECIAL EVENTS PERMIT for St. Joseph School to be held at the Fort Collins Country Club on February 4, 2000.
A00-10 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP)
VENDOR AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND ERIC D. PETAGO OF A. E. WOOD
PRODUCTS (Home Energy Assistance to Eligible Households)
A00-11 SAVIN COPY PLAN AGREEMENT BETWEEN THE BOARD OF
COUNTY COMMISSIONERS AND SAVIN CORPORATION
(Copier Rental Plan)
A00-12 AMENDMENT TO DEVELOPMENT AGREEMENT RELATING
TO DEVELOPER'S OBLIGATIONS IN THE PATTERSON FARM
RURAL LAND PLAN BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND CRESTVIEW BUILDERS, INC.,
ROBERT AND DOROTHY SWARTZ AND SEDONA HILLS II, INC.
A00-13 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON
COUNTY ROAD 17 AND COUNTY ROAD 28 BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND MICHAEL D.
AND CARRIE L. KEIRNS (Project No. 227)
R00-25g RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT
ATTORNEY APPOINTED OFFICIALS (John Middlebrook, Mitch
Murray and Diane Zuger)
Motion carried 3 - 0.
Mr. Lancaster stated that he received a request from the Reporter Herald for access to copies of E-Mail which the Commissioners received from October 1, 1999 through December 31, 1999; he noted that the lengthy task is completed. Mr. Lancaster noted that Statute says that any cost or time for preparing data can be billed at $1.25 per page; he noted that the Reporter Herald wishes to send a representative to the Courthouse to read it off the computer. Mr. Lancaster continued that Statute also allows the Board to waive the fees in certain cases and he asked the Board what is their discretion in this case. Janet Thayer of the Reporter Herald stated that the reason for the request is that this is a test of policy to determine how easy or difficult it is for the public to access information; she noted they also made the same request to the City of Loveland and the Thompson School Board. Commissioner Rennels stated that the concern is that this is the first time for such a request and it could set a precedent; much discussion followed. It was noted that fulfilling this request took many hours of Mr. Lancaster's time and if many similar requests were received, they would have to hire an extra person to do it and it would be a waste of taxpayer dollars.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners waive the fees for the request from the Reporter Herald for access to copies of E-Mail to the Commissioners for a three-month period for this one time only as a good faith effort and because it is a test case.
Motion carried 3 - 0.
-- Mr. Lancaster discussed the issue of open space tax and the Town of Berthoud; he noted that there is a discrepancy between the ballot language and the initiative regarding this issue. Mr. Lancaster stated that the ballot clearly lists the municipalities that will receive the open space tax monies, but the initiative says that monies will be shared only with those municipalities wholly located in Larimer County, and based on that interpretation, Berthoud would not be eligible for open space tax. Mr. Lancaster informed the Board, however, that case law shows that if there is a conflict between the ballot language and the initiative, the ballot language takes precedence so there is no problem sharing with Berthoud. Mr. Lancaster stated that another issue to resolve is that the formula for distributing monies didn't anticipate a community not being wholly located within the County and it would be unfair for Berthoud to get credit for population for sales tax collected in the Weld County portion of Berthoud. Mr. Lancaster stated that the attorneys are working on an Intergovernmental Agreement for calculating their share of the share back of the open space tax which will be based on population and the sales tax collected within Larimer County within the Town of Berthoud. Mr. Lancaster stated that he will soon be meeting with town officials from Windsor to determine how we can also partner with them.
-- Mr. Hart stated she received a call from Six Flags at Elitch Gardens saying that if Larimer County signs a contract with them by next Monday, we can get the tickets for the same price as last year; she noted that regular gate prices are being raised to $30 this year and last year we purchased the tickets for $16 with the employee paying $12, which cost the County $2,000.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners authorize Ms. Hart to contact Six Flags at Elitch Gardens by Monday to purchase tickets at the same price as last year for Larimer County Employees for the summer of 2000.
Motion carried 3 - 0.
6. COMMISSIONER REPORTS:
-- Commissioner Rennels reported that at the Colorado Counties, Inc. meetings she attended last week they reviewed the new bills; she noted that there was some strengthening of the "Right to Farm" Bill and there were at least 60 bills on sales tax, rebates in some form, etc.
-- Chair Olson suggested to Mr. Gluckman that the Board have a worksession between the time the bills come out of committee and before they go on the floor.
At this time, County Attorney George Hass and Assistant County Attorney Bryan Treu joined the meeting for legal matters.
7. LEGAL MATTERS:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 10:42 a.m. to obtain legal advice and discuss potential litigation.
Motion carried 3 - 0.
The Executive Session ended at 11:10 a.m. and the Board took the following action.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners authorize the County Attorney to file a zoning violation against Lenora Knisley.
Motion carried 3 - 0.
The Board had a budget worksession with Bob Keister, Budget Manager.
The worksession adjourned at 12:10 p.m.
CHERYL OLSON, CHAIR LARIMER COUNTY
BOARD OF COMMISSIONERS
MYRNA J. RODENBERGER
LARIMER COUNTY CLERK & RECORDER
( S E A L )
Sherry E. Graves, Deputy County Clerk