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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, August 12, 2002

LAND USE HEARING

(#81 & 82)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Doug Ryan, Health Department; Christie Coleman, Engineering Department; Jeannine Haag, Assistant County Attorney; Jim Reidhead, Rural Land Use Center; Claudia DeLude, Planning Department; and Jean O'Connor, Recording Clerk.

1. BEE PRELIMINARY RURAL LAND PLAN: SECTION 11, TOWNSHIP 8, RANGE 68; LOCATED ON COUNTY ROAD 58, APPROXIMATELY 2 MILES SOUTH OF WELLINGTON AND ONE MILE EAST OF INTERSTATE 25 ON THE NORTH SIDE OF COUNTY ROAD 58.

This is a request to divide 282 acres into 16 single-family residential lots totaling approximately 64 acres and three residual land lots totaling approximately 218 acres that will be protected from further development in perpetuity. Staff findings are that proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code. Support for the Bee Preliminary Rural Land Plan is based on the 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 irrigated farmland, open space/ buffer between Fort Collins and Town of Wellington, 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 (8 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 irrigated farmland, open space/community separator 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 1. Internal road design and other engineering requirements, including utilities, roads, road easement 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 may be contained in a private access and utility easement and roads shall not be required to be in a public right-of-way. A 50-foot half-right-of-way will be required along Larimer County Road 58 and Larimer County Road 3. The proposed entrance on LCR 58 shall be moved to the east approximately 50-100 feet so that this entrance aligns with the existing driveway on the south side of the road. The access to Residual Lot B shall be incorporated with the proposed access for the lots and the existing access to Residual Lot B shall be abandoned. The proposed access on CR 3 shall align with an existing access on the ease side of CR 3; 2. A letter of commitment from the water district specifically stating 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, will be required prior to final plat approval; 3. Preliminary soil testing must be completed and lot design approved by the Larimer County Health Department prior to final plat approval; 4. The residual land protective covenant and management plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval; 5. Restrictive covenants, including provisions for internal road maintenance, must be reviewed and approved by the Rural Land Use Center Director prior to final plat approval; 6. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 7. Building envelopes for all structures will be designated in the lower portions of Lots 14, 15 and 16 to keep new construction away from the upper (north most) portion of these lots; 8. Automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district; 9. 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) The construction of any single-family residence in this development will require the installation of residential fire sprinklers if fire hydrants and/or a public water supply are not present to provide fire protection unless written permission for a variance or an agreement is reached from this requirement from the fire district; b. 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 Building 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; c) Engineered footings and foundations are required for new residential construction. Basement construction will not be allowed unless it can be demonstrated on a lot by lot basis that the ground water table is at least 3 feet below the basement floor elevation. shall not be allowed; d) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes). The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise; e) 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; f) Prairie dog colonies 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; g) Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur. In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime; h) 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. Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding; i) Larimer County has adopted a Right to Farm Resolution; j) 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, Drainage Fees, Larimer County Park Fees (in lieu of dedication), and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply; k) Some or all lots in this development include building envelopes. All structures must be located within these Larimer County approved building envelopes, as shown on the approved subdivision plat; l) Larimer County shall not maintain roads or streets in this development. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain streets may result in a lien being placed on these lots; m) 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; n) 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; o) Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement. The Developer and Larimer County executed this agreement in consideration of the approval of this Development. This Agreement was recorded immediately after this plat. All purchasers should obtain and read the Development Agreement; 10. Purchasers of residential lots shall be notified of the potential dangers of low-water crossings by note on the final plat and on a disclosure statement, approved by the County Attorney and Rural Land Use Center Director; 11. A note shall be added to the final plat, disclosure statement, and Development Agreement that "The property is subject to the severed mineral interests that are owned by RME Petroleum Company and RME Land Corporation. The conceptual plan within the Larimer County Rural Land Use Plan and the subsequent development of the property in accordance with the two plans does not impact the mineral rights owned by the RME entities, or the ability of the RME entities or their lessees, successors or assigns, to develop the minerals; 12. Designation of a building envelopment on residual lot B shall encompass existing buildings.

Mr. Reidhead briefed the Board regarding the proposal and requested that three additional conditions be approved. Mr. Philip Bee, the applicant, noted that the intent of the proposal is to allow as much of the property to remain in agriculture as possible.

Mr. Ron Glenn, adjacent property owner expressed concern with the height of homes located on lots 14, 15, and 16 and requested height restrictions be part of the conditions of approval. Mr. Glenn stated that alternative routes are available for the low-water dip and noted that the "dip" is a good speed control mechanism.

Mr. Robert Swanson stated that he approves of the concept of the proposal, but is concerned with the access road and dust mitigation.

Ms. Elsie Braun expressed concern with additional homes and the use of irrigation water from the Durwood Lateral ditch and requested the Use Agreement be updated.

At this time the hearing was closed to the public and Mr. Reidhead stated that Mr. Bee is working toward an updated Use Agreement for the Durwood Lateral. Commissioner Rennels asked if covenants would address the irrigation water and Mr. Reidhead noted that the applicant might allow some use of the lateral water for irrigation and that the covenants and development agreement would address any potential use.

Chair Gibson stated that he is concerned that the residual lots are not tied to a homeowner's association or particular residence. Mr. Reidhead stated that the residual lots would be owned wholly or separately and available for anyone who wants to purchase irrigated agricultural land.

Commissioner Rennels suggested the applicant update the Durwood Lateral Use Agreement as soon as possible.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Bee Rural Land Use Plan as presented and modified and with additional conditions of approval as outlined above.

Motion carried 2 - 1; Chair Gibson dissenting.

2. DIONNE ZONING VIOLATION: 820 E. COUNTY ROAD 58, FORT COLLINS

This is an alleged violation of the Land Use Code Section 4.1.4- Outdoor storage is not a permitted use in the FO-Forestry zoning district, if not accessory to a permitted use. Staff findings include 1. The property is zoned FO-Forestry; 2. The FO-Forestry zoning district does not permit outdoor storage, if it is not accessory to a permitted use; 3. The continued use of the property, in violation of zoning regulations, 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. Although the owners are permitted to operate a nursery and garden center from this parcel, the Board of Adjustment has already made a decision that outdoor storage of materials and junk was not included in that approval; 6. The property owners continue to haul materials on site rather than haul materials off of the parcel. Staff recommendation is 1. Find that a violation exists; 2. Require compliance within 30 days. Compliance would require that the outdoor storage of the tanks and vehicles be removed within 30 days; 3. Authorize legal action if the deadline is not met.

Ms. DeLude briefed the Board and provided the zoning violation history back to 1996.

Mr. Rick Zier, attorney for the Dionne family noted that the reason published for this hearing today is to address vehicles and tanks located on the northern parcel of land. Mr. Zier stated that his clients have met all deadlines required by the County regarding a plan to clean-up the parcel and that they are currently awaiting a reply from staff. The equipment located on the northern parcel, Mr. Zier continued, is in a neat row and that the snowmobiles and trailers are seasonal use vehicles, but that his clients are will to relocate them to the residential parcel. The tanks brought to the northern parcel will be used for watering livestock and irrigating the meadow and nursery plantings via gravity flow. Mr. Zier stated that he believes the County is caught in the middle of a situation between the neighbors and his clients.

Mr. Brad March, attorney for the neighbors, stated that the Dionne property is a long-standing concern for Larimer County and the violations have been ongoing since 1992. A plan may have been submitted to the County for clean up, but the neighbors have seen no clean up efforts. Mr. March suggested that all parties might benefit from a joint meeting to explain the compliance plan. Mr. March provided pictures and a slide show of the "stuff" on the Dionne property.

Mr. Kevin Backus noted that there is some rational for some of the equipment and that the issue is the other debris on the property, which is unrelated to agriculture and/or any future nursery. Mr. Backus stated that the past history of the owners' commitment to clean up the property is not encouraging to the neighbors and agrees with staff recommendation.

Ms. Jenny McGraw, daughter of the previous owner, stated that the property is anything but a nursery and that the nursery operation ceased at the closing on the property.

Ms. Linda Kissal stated that when she first moved in, the Dionne's welcomed them and assured them that the property would be cleaned up. However, due to the amount of junk on the Dionne's land, the County Assessor reduced her property valuation.

Mr. Otto Warner stated that he agrees with all previous statements and hoped that the situation could be worked out.

Mr. Wayne Carpenter noted a unique perspective on the situation in that his father had been here since the 1800's. Property owners, Mr. Carpenter continued should be good stewards of the land God gave us and that currently there is a charade in process. Mr. Carpenter asked what type of insulation is covering the "water tanks" currently.

Ms. Elaine Hanson stated that the Dionne's had agreed to resolve the issue with property owners.

At this time the hearing was closed to the public and Mr. Zier rebutted that the issue today is vehicle storage and the water takes, which have be explained as to how they will be used in the business. Mr. Dionne agrees to move the snowmobiles and trailers to the resident parcel.

Mr. Nazareth Dionne stated that he loves their land and is tired of being told what they can do on their property and the family being bothered and upset by the neighbors.

Mr. Randy Dionne stated that much restoration has occurred on site and that the business works with the Forest Service as well as private and commercial clients. Mr. Dionne stated that he is open to solving the situation with the neighbors, but is not going to give up property rights. Commissioner Rennels asked if a plan could be prepared for the use of the water tanks and how long it would take to development a plan. Mr. Dionne stated that he believed he could prepare a plan within 60-days.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners find a violation exists and require a written plan for the water tank use, acquisition and distribution of water be submitted to County staff within 60-days. Commissioner Rennels also noted that all vehicles are to be licensed and operable or screened from view.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 6:00 p.m.

ADMINISTRATIVE MATTERS

(#83)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Russ Legg and Kristin Bothell, Planning Department; Melinda Keen, Donna Hart and Deni La Rue, Commissioners Office; Jay Hardy, Fairgrounds/Events Complex Director; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Helen and Dwayne Burk addressed the Board with a concern regarding the stench of a neighboring lot. Ms. Burk suggested an amendment to the Land Use Code for feedlots, which would restrict them within a specific area of the Big Thompson Canyon since the parcels are generally small in nature. Ms. Diane Spaulding read a statement of clarification from the Citizens for 5 Commissioners and requested the Board reconsider referring the initiative to the November ballot.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 5, 2002"

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of August 5, 2002 as presented.

Motion carried 3 - 0.

3. CORRECTION TO THE MINUTES OF JULY 16, 2002:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners rescind and correct the motion relating to the discussion of the initiative for 5 Commissioners within the minutes of the July 16, 2002 meeting to accurately reflect the motion made.

Motion carried 3 - 0.

July 16, 2002- Actual motion: "Commissioner Rennels moved that the Board of County Commissioners accept the referendum and direct the County Attorney to draft a resolution as such and include three options as to how the commissioners would be elected".

4. APPROVAL OF THE SCHEDULE FOR THE WEEK OF AUGUST 19, 2002:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of August 19, 2002 as presented.

Motion carried 3 - 0.

5. CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following items as published on the consent agenda for August 13, 2002:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Arnold, Asche, Avert, Inc., Blest Trust, Cass, Colard, Crone, Daly, Foster, Githens, Kiefer, Palmer, Palmer, Renchy, Schmidt, Sellers, Walker, Welsh, and Zeiler.

A02-123 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COULDSON EXCAVATING COMPANY, INC.

A02-124 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CONNELL RESOURCES, INC.

A02-125 AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND KAY AND MARVIN DeVORE FOR BIG BUCK RIDGE PLANNED DEVELOPMENT

A02-126 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS CONCERNING KERBEL CONSERVATION AND RESCINDING A02-74

A02-127 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS FOR PARTIAL ASSIGNMENT OF CONSERVATION EASEMENT AND RESCINDING OF PREVIOUS AGREEMENT A02-81

A02-128 COUNTERPROPOSAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RONALD A DOMINICK FOR THE SALE OF LOT 57 IN GLACIER VIEW MEADOWS 12TH FILING

A02-129 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DOWN ZANKEY CONSTRUCTION AND CCMK ARCHITECTURE AND PLANNING, P.C. AND ELECTRICAL SYSTEMS CONSULTANTS, INC

R02-172 RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS EFFECTIVE AUGUST 1, 2002: Kathie Riley, Todd Field, Michael Pierson and Mary Joan Berenato.

MISCELLANEOUS: Authorization for listed parties to sign cash request and expense financial reports on grant funds received from the Colorado Department of Labor and Employment for the period of July 1, 2002 through June 30, 2003; Amended Plat of Lot 1, Davis Minor Residential Development; Ramona Heights Amended Plat of lots 8A and B, 13A and B.

LIQUOR LICENSES: The following licenses were approved Poudre Landmarks Foundation- 6% Special Event- Fort Collins, CO and 19th Green, Inc- 6% optional premises- Wellington, CO. The following licenses were issued Dal-Rae's High Country Inn- Tavern- Red Feather Lakes, CO; Rainbow Plaza- Tavern- Loveland, CO; and Vern's Liquor- Retail- LaPorte, CO.

Motion carried 3 - 0.

6. APPOINTMENT TO THE OFFICE ON AGING: Ms. Keen requested Board approval to appoint Bill Benton to the Office on Aging Advisory Council beginning August 6, 2002 and expiring on June 30, 2003.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the appointment of Bill Benton to the Office on Aging Advisory Council as presented.

Motion carried 3 - 0.

7. DISCUSSION OF POSSIBLE OPENINGS ON BOARDS AND COMMISSIONS: Ms. Keen noted which Boards/ Commissions had openings, how many applications had been received and those that lacked applications. The Board directed Ms. Keen to re-advertise some openings and to set interviews for others.

8. REQUEST FOR A FULL TIME PLANNER I POSITION: Mr. Legg stated that the Planning Department is ready to hire a full time Planner I position and stated that position is part of the previously discussed Customer Service Plan for the department.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the expenditure from the funds set aside for the Customer Service Plan for the creation of a full time Planner I position in the Planning Department.

Motion carried 3 - 0.

9. AUTHORIZE THE CHAIR TO SIGN HOCKEY LEASE: Mr. Hardy reminded the Board of a press conference to be held at 11:30 a.m. today and requested authorization for the Chair to sign the lease agreement and conditional assignment agreement at said conference.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize the Chair to sign a lease agreement between the Board and Larimer County Sports, LLC as well as an agreement between the Board and Western Professional Hockey League, Inc. dba Central Hockey League for conditional assignment of an arena lease.

Motion carried 3 - 0.

A02-130 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LARIMER COUNTY SPORTS, LLC

A02-131 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WESTERN PROFESSIONAL HOCKEY LEAGUE, INC dba CENTRAL HOCKEY LEAGUE FOR CONDITIONAL ASSIGNMENT OF THE ARENA LEASE

10. WORK SESSION: Mr. Lancaster inquired as to carpooling to the meeting in Estes Park. Mr. Lancaster also showed the Board a plaque recognizing Chip Stiener for all his work organizing the Fairgrounds and Events Complex.

11. COMMISSIONER REPORTS: The Board individually noted their attendance at events last week.

  1. LEGAL MATTERS: None

There being no further business, the meeting adjourned at 10:00 a.m.

____________________________________

GLENN W. GIBSON, CHAIR

BOARD OF 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.