Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, May 7, 2001

LAND USE HEARING

Audio Difficulties Were Experienced During This Hearing

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The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Al Kadera and Matt Lafferty, Planner II; Jim Reidhead, Director of the Rural Land Use Center; Claudia DeLude, Code Enforcement Officer; Jeannine Haag, Assistant County Attorney; Traci Downs, Civil Engineer; and Jean O'Connor, Recording Clerk.

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

  1. FOX ACRES 1ST FILING, ENVELOPE E, AMENDED PLAT: NE 1/4 28-10-73; NORTHEAST OF RED FEATHER LAKES

This is a request to identify lots within an existing building envelope. Staff recommendation is approval of the Amended Plat of Envelope E, Fox Acres Country Club, First Filing.

2. DIAMOND FARMS REVISED RURAL LAND PLAN: 11-09-69; GENERALLY LOCATED 3 MILES NORTHWEST OF WELLINGTON AND ROUGHLY 1.5 MILES NORTH OF WAVERLY, IMMEDIATELY NORTH OF COUNTY ROAD 70, BETWEEN COUNTY ROAD 17 AND COUNTY ROAD 15.

This is a request to remove the requirement for fire sprinkler systems in the homes on Lots 4 through 7. Staff recommendation is approve of the Diamond Farms Revised Rural Land Plan request to remove the requirement for residential fire sprinkler systems for Lots 4 through 7 with the condition that emergency access arrangements will be approved by Dale Miller, Director of Larimer County Road and Bridge Department. All other conditions of this plan would remain in effect.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve Fox Acres 1st Filing Envelope E Amended Plat #01-S1751 and Diamond Farms Amended Rural Land Use Plan #01-S1749 as presented and outlined above.

Motion carried 3 - 0.

3. US HWY 287- STATE HWY 1 TO LAPORTE BYPASS ENVIRONMENTAL ASSESSMENT:

Chair Rennels stated the Board and the Planning Commission attended a work session regarding this item and the proposed 4 alignments were discussed.

Mr. Sean Hahn, Project Manager for the Environmental Assessment study recommended the Board select option A4 since this option enlarges the current alignment to 4-lanes and minimizes land takings and environmental impacts, while mitigating safety concerns at the Aragon/Meadow Lane area. Mr. Hahn stated that several community meetings were held and well attended by affected parties.

Chair Rennels noted there is no public present to comment on this item.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners select "A4" as the preferred alternative route for improvements on Hwy 287 between State Hwy 1 and the LaPorte Bypass, based on review of the potential impacts of each alternative identified in the Environmental Assessment document prepared.

Motion carried 3 - 0.

4. HARVEST HEIGHTS SUBDIVISION FINAL PLAT: SW 1/4 OF 17-04-69; LOCATED ON THE EAST SIDE OF COUNTY ROAD 23 APPROXIMATELY 1/4 MILE NORTH OF HIGHWAY 56.

This is a request for approval of the Final Plat for the Harvest Heights Subdivision. Staff is recommending this item be tabled until a ditch agreement is acquired, collateral guaranteeing public improvements is provided is a form acceptable to the County.

Mr. Lafferty stated that the applicant is requesting Board approval of this final plat prior to all issues being addressed from the Preliminary Plat hearing. Mr. Lafferty stated that the applicant has tried to get an agreement with the Ditch Company regarding stormwater discharge into the ditch but has not been successful at this time. Mr. Lafferty further stated that the applicant has applied for "Tax Exempt" status with the IRS and therefore owes back taxes; which is an issue. And lastly, Mr. Lafferty stated the applicant has not submitted a guarantee of public improvements (collateral) as required under Section 12.6.2 of the Land Use Code.

Mr. Bruce Conover, the applicant, stated that he has been negotiating with the Ditch Company for 14-months. The concern, Mr. Conover stated is that the company is requesting more than is required under the Land Use Code for a ditch that is not even located on the site of the application. Historically, Mr. Conover continued the ditch has been maintained from the south side of the ditch, however the applicant is willing to allow the ditch company to share the easement requested by Open Lands for a public trail, but the company is requesting an exclusive easement. Furthermore, Mr. Conover stated the applicant is willing to pay reasonable costs incurred by the Ditch Company for engineering/surveying of the culvert site; install a head gate; and upgrade the fence along the northern side of the ditch.

Much discussion ensued regarding maintenance of the ditch and the public improvements guarantee.

Mr. Randolph Starr, attorney for the Dry Creek Lateral Ditch Company stated that his client agrees with staff recommendation to table this item and noted that the previous Board has required conditions of approval, which should be upheld. Mr. Starr further noted that the Larimer County Land Use Code does not comply with Colorado Ditch Law and requested the required easement for a public trail system be deleted since the county has no such agreement with the Ditch Company to have requested such an easement.

Commissioner Gibson asked if requiring the applicant to "maintain" the northern side of the ditch is similar to a "users fee" for the discharge of stormwater into the ditch. Mr. Starr explained that typically when a ditch dredged, the debris is dumped on the side of the ditch and the law does not require it be removed. The request from the ditch company to have the applicant maintain the north side is for the beautification benefit of the future homeowners.

Chair Rennels asked about sharing the easement and Mr. Starr asked if liability issues would by shared by the applicant and/ or the county?

Ms. Peggy Malchow, representative for a Ditch Board member stated the request was received last fall and the Board started to address the agreement immediately. However, Ms. Malchow stated the Board is volunteer and have done their best to work with the applicant.

Mr. Frank Dabbierow, a member of the church building board stated that records show that since 1978, the fence line is also the property line and that the ditch is not even on the applicant's property. Also, Mr. Dabbierow continued the public trail was not requested by the applicant but by the County Parks Department. The applicant agrees there are liability concerns with the trail being so close to the ditch.

Commissioner Bender asked if the trail easement is a written agreement or a suggestion to provide an easement? Mr. Dabbierow stated the easement is a condition of approval by the county Parks staff. Much discussion ensued regarding the bike trail easement.

M O T I O N

Commissioner Bender moved that the Harvest Heights Subdivision Final Plat #99-S1423 be tabled to July 9, 2001 at 3:00 p.m. or until such time that the applicant has satisfied/ provided staff material to satisfy the following outstanding issues 1. Agreement with the Ditch Company; 2. Back taxes; and 3. Collateral for public improvements. If staff is satisfied with the submitted materials, then this final plat may proceed to the Board during regular Administrative Matters on a Tuesday morning.

Motion carried 3 - 0.

5. SEVEN TRAILS, LLC ZONING VIOLATION: 18-5-69; NE CORNER OF W. 1ST STREET & COUNTY ROAD 23E (APPROX. 1/4 MILE NORTH OF THE INTERSECTION)

This is an alleged violation of the Land Use Code Section 4.1.2 Outside storage/junkyards are not permitted uses in an FA1-Farming zoning district. Staff findings include 1. The property is zoned FA1-Farming; 2. The FA1-Farming district does not permit junkyards or outdoor storage; 3. The continued use of the property, as a junkyard, has affected the neighbors' ability to enjoy their own properties; 4. The continued use of the property, in violation of the zoning regulations, will affect property values in the area; 5. There are no historical records/permits to show the structure was ever legally placed on this parcel; 6. To be grandfathered in, the singlewide would have had to be placed on this parcel prior to March 18, 1970. The singlewide mobile home is not shown in aerial photos dated 1974. Staff recommendation is to find that a violation exists; require compliance within 30 days. Compliance requires that the burnt singlewide mobile home be removed from the property; and authorize legal action if the deadline is not met.

Commissioner Gibson asked if the county can financially afford to remove the structure and Ms. DeLude stated staff prefers the property owners remove the structure or the Board authorizes legal action. Ms. Haag stated the problem with the County removing the structure is disposal and the need for a title.

M O T I O N:

Commissioner Gibson moved that the Board of County Commissioners find a zoning violation exists, require compliance within 30 days and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

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

TUESDAY, MAY 8, 2001

ADMINISTRATIVE MATTERS

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The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Tom Garton, Chief Building Official; Larry Timm, Director of Planning; Claudia DeLude, Code Enforcement Officer; Brenda Gimeson, Technician RLUC; Jim Reidhead, Director of the Rural Land Use Center; Rob Helmick, Senior Planner; Steve Ryder, TDU Administrator; Jeannine Haag, Assistant County Attorney; Deni La Rue, Community Information Manager; Donna Hart, Commissioner's Administrative Manager; Phyllis Stoner, Human Services; Shelley Steele, Office on Aging Program Manager; Lloyd Warrington, Veteran Services, Inc.; Melinda Keen, Commissioner's Office; Ginny Riley, Director of Human Services; Glen Rathgeber, Human Services; Marsha Ellis, Manager of Assistance Unit; and Jean O'Connor, Clerk to the Board.

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

2. APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 30, 2001:

M O T I O N

Commissioner Gibson moved that the Minutes for the week of April 30, 2001 be approved as presented.

Motion carried 3 - 0.

Ms. O'Connor informed the Board that an action item had inadvertently been omitted from the minutes for the week of April 24, 2001. The item was an amendment to the Sheriff's Department retirement plan, which allows the Sheriff's participation on a limited basis.

M O T I O N

Commissioner Bender moved that the minutes for the week of April 24, 2001 be amended to reflect the action item approved on the consent agenda as mentioned.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF MAY 14, 2001:

M O T I O N

Commissioner Gibson moved that the schedule for the week of May 14, 2001 be approved as amended.

Motion carried 3 - 0.

  • Invitations: Ms. Hart reviewed pending invitations with the Board.

  1. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the following items as listed on the consent agenda:

ACTION ITEMS: Appointment of Deputy District Attorney Benjamin L. Lammons.

A01-61 RIGHT-OF-WAY AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PAMELA FURUMO FOR ROAD IMPROVEMENTS ON COUNTY ROAD 52E

A01-62 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WILLIAM JASON WALDO AND MICHELLE ANNE WALDO FOR THE WALDO CONSERVATION DEVELOPMENT

C01-24 CHANGE ORDER LETTER TO THE CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE

R01-68s RESOLUTION FOR STATUTORY VESTED RIGHTS FOR WALDO CONSERVATION DEVELOPMENT

R01-69z FLOOD PLAIN SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF CH2M HILL/PLEASANT VALLEY PIPELINE

MISCELLANEOUS: Waldo Conservation Development Final Plat; First Quarter Report for 2001 from the Public Trustee; Expenditure Authorization for Job Training Partnership Act Funds to be transferred to the appropriate fund under the Workforce Investment Act.

LIQUOR LICENSES: The following licenses were approved Fort Namaqua Wine & Spirits- 6%- Loveland, CO; and Hickory House South- 6%- Fort Collins, CO. The following license was issued Loveland Moose Lodge #484- 6%- Loveland, CO.

Motion carried 3 - 0.

5. PROCLAMATION FOR FOSTER CARE MONTH: Ms. Stoner requested that the Board proclaim May as Foster Care month; Commissioner Gibson read the proclamation for the record.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioner proclaim May as Foster Care month.

Motion carried 3 - 0.

6. PROCLAMATION FOR OLDER AMERICANS MONTH: Ms. Steele requested the Board proclaim May as Older Americans month; Chair Rennels read the proclamation for the record.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners proclaim May as Older American month.

Motion carried 3 - 0.

7. PROCLAMATION FOR ARMED FORCES WEEK: Mr. Warrington requested the Board proclaim May 13 - 19, 2001 as Armed Forces week; Commissioner Bender read the proclamation for the record.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners proclaim the week of May 13 - 19, 2001 as Armed Forces week.

Motion carried 3 - 0.

8. APPOINTMENTS TO BOARDS AND COMMISSIONS: Ms. Keen stated that the following appointments are being recommended after interviews by the Board and that all terms are effective July 1, 2001: Board of Adjustment- Mary Anne Martell, three years to expire on June 30, 2004; Board of Appeals- Ken Hood and William Van Horn, both three years to expire on June 30, 2004; Board of Health- J Joseph, three years to expire on June 30, 2004; Flood Review Board- Jim Nichols and Chester Watson, both three years to expire on June 30, 2004; Urban Growth Area Review Board- Roger Morgan and Brigitte Schmidt, both three years to expire on June 30, 2004; Weed control District Advisory Committee- Guy Haggard, P Eugene Heikes, Brad Moos, and Cindy Owsley, Duane Pond, and Douglas Rogakis, all one year to expire on June 30, 2002.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the appoints to Boards and Commissions as submitted and outlined above.

Motion carried 3 - 0.

9. REQUEST TO ABOLISH THE LOCAL LEVEL TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF) POLICY ON BONUSES TO CLIENTS FOR MEETING THE WORK PARTICIPATION RATE: Ms. Riley stated that the State, based on Federal direction, has determined that monetary bonuses given to participant of TANF shall be calculated as income. By doing this, Ms. Riley continued other benefits received by participants have been reduced un-proportionately. Therefore, Ms. Riley requested the Board abolish the current Larimer County Works Participation Bonus Program.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners abolish the current Larimer County Works Participation Bonus Program.

Motion carried 3 - 0.

10. WORK SESSION: Mr. Timm requested Board approval to establish an additional Planner II position within the Planning Department since current resources are insufficient to allow staff to work on the long list of Land Use Code amendments. An additional person, Mr. Timm continued would enable staff to better keep up with the volume and development review case work while providing more time for customer service. Mr. Lancaster stated the funding would come from the general fund. Mr. Timm noted that Planning would like to hire the most qualified person at a Planner II but may have to settle for a Planner I dependant upon applications received.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve up to $39,818 from the General Fund for an additional Planner in the Planning Department.

Motion carried 3 - 0.

Mr. Lancaster noted that an agenda for the Thursday evening meeting with the Fort Collins City Council is in their packets.

11. COMMISSIONER REPORTS: Commissioner Gibson noted that he attended the 4H auction, which was a success and invited everyone to have a piece of the cake he bought. Commissioner Gibson also noted that his Estes Park citizen meeting went well and that he attended the "Duck Race".

Commissioner Bender noted that he attended the National Day of Prayer and the joint meeting with the City of Fort Collins Natural Resources Department and the County Environmental Advisory Board.

Chair Rennels stated that the meeting at the Senior Center was well attended. Chair Rennels noted that many calls have been received regarding the condition of roads after the past rain storms and stated that the Road & Bridge Department is working as quickly as possible to fix the pot holes.

12. LEGAL MATTERS: Ms. Haag stated that the applicant for the Swift Ponds Rural Land Plan has recorded a conservation easement prior to recording the final plat. The recorded easement, Ms. Haag continued is not consistent with the type of document the County historically approves. Ms. Haag read for the record paragraph "L" of the recorded document, which states, "To use the Property for education, research and extension purposes consistent with the mission of Colorado State University, and the intent to provide the following with the Swift Ponds property, which include: 1. A field resource for fisheries, pond and reservoir management, wildlife habitat and wildlife techniques; 2. A resource for environmental education and park management; 3. Public outreach, professional societies, student activities, alumni events and field days for College of Natural Resources and other university colleges; 4. A place where Boy Scouts, Girl Scouts, other youth groups and children of all ages can learn about nature; 5. A sanctuary for a variety of wildlife, and 6. A place for special events designed to develop community support, particularly in providing access to natural resource activities". Ms. Haag stated that she is pointing this out to the Board because the easement is different than the normal. Consensus of the Board is that they are in acceptance of uses contained in paragraph "L" of the recorded easement.

Ms. Haag stated that during the Preliminary Plat approval process, the Westchase project utilized transferable development units (TDUs) and that the applicant was to deed the sending parcel to the County. However, Ms. Haag continued the applicants advisors have suggested the applicant first place a conservation easement on the parcel, and wait until the next tax year to deed the fee ownership to the County. Commissioner Gibson inquired about maintenance of the parcel and Mr. Ryder stated the parcel is part of the Open Space Regional Park program and they would maintain the parcel. Consensus of the Board is to allow the applicant to place a conservation easement on the parcel prior to deeding it to the County.

EXECUTIVE SESSION

M O T I O N

Commissioner Gibson moved that the Board of County Commissioner go into executive session at 10:55 a.m. for confidential legal advice.

Motion carried 3 - 0

Executive session ended at 11:15 a.m. with the following action taken. Consensus of the Board is that resources of the zoning enforcement staff will not take aggressive action against the temporary summer use of RVs on private parcels.

There being no further business, the meeting was adjourned at 11:25 a.m.

______________________________

KATHAY RENNELS, CHAIR

BOARD OF COUNTY COMMISSIONERS

MYRNA J RODENBERGER

CLERK AND RECORDER

(S E A L)

A T T E S T

______________________________

Jean M. O'Connor, Clerk to the Board

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