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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, February 17, 2003

County offices were closed in observance of President's Day

TUESDAY, FEBRUARY 18, 2003

ADMINISTRATIVE MATTERS

(#137)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Bob Keister, and Deni La Rue, Commissioners; Kathy Snell, Health & Human Services; Dave Spencer and Babs Cornell, Facilities; Carol Block, Finance Department; Joe Ferrando and Nancy Griffith, Community Corrections Department, Jeff Rulli and Andy Paratore, Information Management, Jean O'Connor, and Kay May Clerk and Recorder.

  1. PUBLIC COMMENT: None

2. NEW COMMUNITY CORRECTION FACILITY: Mr. Ferrando, Mr. Spencer and Ms. Block discussed the Community Correction Project and requested that the Board approve proceeding with the project. Discussion ensued.

MOTION:

Commissioner Rennels moved that the Board of County Commissioners proceed with the Community Correction Project subject to the contingency within the contract.

Motion carried 3-0.

  1. APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 10, 2003:

MOTION:

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of February 10, 2003 as presented.

Motion Carried 3-0.

4. REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 17, 2003: The Board reviewed the proposed schedule.

5. CONSENT AGENDA:

MOTION:

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

02182003A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DUANE N. GENZLINGER TO AMEND THE DEVELOPMENT AGREEMENT FOR GENZLINGER SUBDIVISION.

02182003D001 DEED OF EASEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JOHN T. GIULIANO, GIULIANO AND FATHER CONSTRUCTION FOR A PUBLIC REGIONAL TRAIL.

02182003R002 RESOLUTION REGARDING RELEASE OF COLLATERAL FOR RAINBOW LAKE ESTATES CONSERVATION DEVELOPMENT.

02182003R003 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR GLEN HAVEN LOTS 7-9 BLOCK 4 AND LOT 9 BLOCK 6 AMENDED PLAT.

MISCELLANEOUS: Oldham Minor Subdivision Boundary Line Adjustment.

LIQUOR LICENSES: The following licenses were approved, Branding Iron Liquor- Retail-LaPorte, CO and South Taft Hill Liquor-Retail-Fort Collins, CO. The following licenses were issued, A Hunt Club-Tavern-Fort Collins, CO and Drink-N-Dawg-Tavern-LaPorte, CO.

Motion Carried 3-0.

  1. PROPOSED COUNTY DEBT POLICY: Ms. Block presented the proposed County Debt Policy. Discussion ensued.

MOTION:

Commissioner Gibson moved to approve the County Debt Policy with a recommendation that would allow Ms. Block to make "housekeeping" amendment as related to statute.

Motion Carried 3-0

7. RESOLUTION AUTHORIZING ASSESSOR TO REVIEW PETITIONS FOR ABATEMENT. Mr. Lancaster presented the Board with a resolution to allow the Assessor to process Petitions for Abatement if the amount is less than $1000.

MOTION:

Commissioner Rennels moved that the Board of County Commissioners approve a resolution authorizing the Assessor to review and process petitions of $1000.00 or less for Abatement.

Motion carried: 3-0

02182003R001 RESOLUTION AUTHORIZING THE ASSESSOR TO PROCESS PETITIONS FOR ABATEMENT IF AMOUNT IS LESS THAN $1,000

8. WORK SESSION:

Mr. Lancaster discussed the Cache La Poudre Heritage Area Foundation and asked that the Board allocate $1500 from Special Project fund while the foundation continues to wait on State Funding.

MOTION:

Commissioner Rennels moved that the Board of Commissioners allocate $1500 from Special Project fund for the Cache La Poudre Heritage Area Foundation.

Motion Carried 3-0

Mr. Rulli discussed current G.I.S. data available and requested direction as to which entities should be charged fees for said data. Discussion ensued. In order to waive fees, entities would have to fill out a Request for Review form and have it approved by a department, Mr. Lancaster or the County Commissioners

  1. COMMISSIONER'S REPORTS: The Commissioners reported on events attended the previous week.

10. LEGAL MATTERS: None

There being no further business; the meeting adjourned at 11:10 a.m.

LAND USE HEARING

(#138)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Russ Legg, Sean Wheeler, Matt Lafferty, Karin Knauf, Claudia DeLude, and Al Kadera, Planning Department; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; Roxann Hayes, Engineering; and Jean O'Connor, Recording Clerk.

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

1. HONDIUS HEIGHTS AMENDED PLAT: THE SITE IS LOCATED AT 1230 HONDIUS LANE, WITHIN THE UNINCORPORATED ESTES VALLEY

This is a request for an amended plat to alleviate an illegal lot split. Staff recommendation is approval with the following conditions 1. Compliance with Upper Thompson Sanitation Districts memo dated December 24, 2002; 2. Town water service will require a hydraulic analysis and booster pump report indicates available water pressure is adequate; 3. Compliance with the submitted steep slope and erosion control plan, or compliance with current geologic hazard mitigation requirements; 4. Building plan submittal shall include a site-specific development plan addressing steep slope regulations of the EVDC; 5. And submittal of a revised plat, which has been completed.

2. PANORAMIC VIEW SUBDIVISION, PRELIMINARY PLAT: 32-04-69: DIRECTLY WEST OF COUNTY ROAD #21 ON THE NORTH SIDE OF COUNTY ROAD #2, APPROXIMATELY 4.5 MILES SOUTHWEST OF BERTHOUD, AT THE BOULDER COUNTY LINE

This is a request to subdivide a 21-acre parcel into two single-family residential lots. The application also includes an appeal to the Section 8.12.3 of the Land Use Code, which requires the provision of a drainage report and drainage plan. Staff recommendation is 1. The Final Plat of the Panoramic View Subdivision shall be consistent with the information contained in the file, #01-S1891 or as modified by conditions of approval; 2. The following fees shall be collected at the time of building permit for new single family dwellings: the Thompson R2-J School District fees in lieu of dedication, the Larimer County Capital Transportation Expansion fee and the Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply. Before construction, the applicant must also contact the County Engineering Department and obtain a Development Construction Permit; 3. The applicant shall sign a Final Development Agreement, to be prepared by Staff and approved by the County Attorney, which details in standard language the conditions of approval and other important information related to the Subdivision; 4. The applicant shall sign a Final Disclosure Notice for approval by the County to be recorded with the Final Plat. This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but is not limited to issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, the existence of active quarries in the area and other items raised in the review, or related to compliance with the Larimer County Land Use Code; 5. The applicant shall provide a signed agreement with the Blower Ditch Company outlining the Ditch Company's rights and responsibilities, along with those of new residents; 6. The Final Plat for the Panoramic View Subdivision shall show a 60-foot wide right-of-way reservation along the property line between Lot 1 and Lot 2.

3. TRI-CITY SUBDIVISION LOT 2 - REZONING: NW 1/4 OF 36-05-69; LOCATED ON THE WEST SIDE OF HIGHWAY 287 APPROXIMATELY 1/2 MILES NORTH OF HIGHWAY 60

This is a request to rezone Lot 2 of the Tri-City Subdivision from C (Commercial) to Planned Development to expand the uses allowed by the original conditional zoning. Staff recommendation is approval with the following conditions 1. The applicant shall connect to the public sewer system if the current septic system becomes non-functional, and/or when a use is accommodated on the property that generates a public sewer connection as determined by the County Health Department; 2. There shall be no retail uses permitted on the property; 3. Outdoor stage areas necessary for the commercial operation shall be limited to 1,000 square feet in area and shall be totally screened from all off-site views; 4. The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Lot 2 of the Tri-City Subdivision shall be as follows:

PD (Planned Development)

    1. Principal Uses
    2. Agricultural

      Veterinary Hospital/Clinic (R)

      Kennel (S)

      Commercial

      Professional Office (R)

      General Commercial (R)

      Instructional Facility (R)

      Industrial

      Enclosed Storage (R)

      Trade Use (R/S) - See Section 4.3 of the Larimer County Land Use Code as amended

      Light Industrial (S)

      Utilities

      Utility Substation (L)

      Commercial Mobile Radio Service (R/S) - See Section 4.3 of the Larimer County Land Use Code as amended

      Radio and Television Transmitters (S)

    3. Lot, Building and Structure Requirements
    1. Minimum lot size
    1. 100,000 square feet (2.3 acres) if a well or septic system is used.
    2. 15,000 square feet (0.34 acre) if public water and sewer are used.

2. Minimum setbacks shall be

    1. Front yard-Refer to Section 8.17 (Supplementary Regulations for Setbacks from Highways or County Roads) of the Larimer County Land Use Code as amended. The setback from an established public or private road must be25 feet from the property line or from the nearest edge of the road easement.
    2. Side yards-10 feet
    3. Rear yard-20 feet

    1. Maximum structure height shall be 40 feet
    2. No parcel can be used for more than one principal building; additional buildings on a parcel are allowed if they meet the Accessory Use Criteria in Subsection 4.3.10 of the Larimer County Land Use Code as amended.

NOTE:

Uses followed by an (R) are allowed by right.

Uses followed by an (S) require approval through the Special Review Process described in Section 4.5 of the Larimer County Land Use Code as amended.

Uses followed by an (R/S) may be allowed by right or require

Special Review approval based on thresholds in Section 4.3 (Use Descriptions) of the Larimer County Land Use Code.

Uses followed by an (L) require review through the Location and Extent Review Process described in Section 13.0 of the Larimer County Land Use Code as amended.

4. THE HILL CONSERVATION DEVELOPMENT LOT 13 AMENDED PLAT: NORTHEAST QUARTER OF SECTIONS 26, TOWNSHIP 8, RANGE 68 WEST; LOCATED ON THE NORTH SIDE OF TALESIN WAY IN THE HILL CONSERVATION DEVELOPMENT

This is a request for an amended plat to enlarge the building envelope by 10 feet on each side of Lot 13 for the purposes of constructing a home with an attached garage and "drive under portico". Staff recommendation is approval subject to the following condition 1. All conditions shall be met and the Final Plat recorded by July 18, 2003 or this approval shall be null and void; and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.

Motion carried 3 - 0.

Mr. Ryan stated that item #7 Johnson Trash Violation, is in compliance at this time and noted that it has been removed from the agenda.

5. MAGIC SKY RANCH SPECIAL REVIEW: 4, 5 & 8-9-72 AND 32-10-72; LOCATED NORTHEAST OF COUNTY ROAD 74E, 6.5 MILES EAST OF RED FEATHER LAKES

This is a request for special review for expansion of the existing Magic Sky Ranch Girl Scout camp to include a dining hall, activity centers, 20+ cabins, equestrian facility and supporting infrastructure. Staff recommendation is approval with the following conditions 1. Operation of the Magic Sky Ranch Girl Scout Camp Special Review shall be as specified in the representations of the applicant and in the information contained in file #02-Z1434 unless modified by conditions of approval; 2. The plans submitted by the applicant constitute a Site Specific Development Plan. All proposed improvements shall be constructed in strict compliance with these approved plans and shall be consistent with the information contained in the file # 02-Z1434. The applicant may make minor adjustments to the layout of structures within the proposed limits of disturbance and or generalized building envelopes without further County review, so long as such changes do not violate the code sections or approval requirements noted; 3. Prior to construction the applicant shall execute a Final Development Agreement for approval by the County to be recorded with the Findings and Resolution of the County Commissioners. The Development Agreement shall specify details of the project including, but not limited to, completion and maintenance of all improvements and plans required to serve the project; 4. The following fee shall be collected at the issuance of the first building permit for the project: Larimer County fees for County and Regional Transportation. The fee amount that is current at the time building permit application shall apply. Prior to construction, the applicant must contact the County Engineering Department and obtain a Development Construction Permit; 5. Prior to issuance of the Development Construction Permit, the applicant shall address and resolve the technical issues found in the following referral letters a) Larimer County Engineering Department by Roxann Hayes dated November 12, 2002; b) Larimer County Health Department by Doug Ryan dated November 18, 2002; c) Department of the Army, Corps of Engineers by Timothy T. Carey, dated April 18, 2002; 6. Prior to construction, the applicant shall obtain approval from Division of Water Resources for two test wells located on site and the planned back up well to be converted to production wells for the proposed use and demand as outlined in the application materials; 7. No building permit shall be issued for new structures until State and County have issued final site approval and construction permits for the sewer system; 8. No building permit shall be issued for new structures until the State and County have approved plans and issued necessary permits for the water treatment and distribution system; 9. The sewer and water systems shall be completed prior to occupancy of the new structures as outlined in the applicant's schedule for completion; 10. Operations manuals for the water and sewer systems shall be developed and in place prior to operating the new facilities; 11. The applicant shall submit a Forest Management Plan that includes an implementation strategy and Wildfire Mitigation Plan by June 30, 2003, for County approval by the Larimer County Wildfire Safety Specialist. Prior to issuance of Certificates of Occupancy or Letters of Completion for any improvements, the applicant shall implement the plan in the developed areas of the property. As part of the Development Agreement for the proposal, the applicant shall provide collateral to ensure the Wildfire Safety Plan is implemented in all non-developed areas of the property; 12. Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Planning Department once the structure is enclosed but prior to issuance of a certificate of occupancy. As an alternative, a builder may present a prepaid receipt for a radon tester that specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; 13. The Emergency Evacuation Plan for the facility shall be updated on an annual basis and copies of the plan shall be provided to the Wildfire Safety Program, Larimer County Emergency Services and the Glacier View Fire Department. The Planning Department shall be advised when the plan has been updated and copies distributed; 14. Disposal areas for garbage and trash shall be constructed and maintained to discourage animals from trying to enter the areas, as outlined in the memo from the Division of Wildlife, emailed by Jim Jackson on May 6, 2002; 15. All exterior lighting shall be with full cut-off, down directed fixtures to minimize off site diffusion; 16. The applicant shall obtain all County, State and Federal permits as required by the Larimer County Land Use Code and all applicable County, State or Federal Regulations.

Ms. Knauf briefed the Board regarding the request and suggested the Board inquire as to the concerns of the citizen present. Mr. Don Miller, adjacent property owner, expressed concern with the addition of three wells and the impact they would have on existing wells.

Mr. Ryan stated that it is anticipated the applicant will need 15,000 gallons per day pumped from the three proposed wells. However, as a condition of approval, Mr. Ryan continued, the applicant shall obtain approval from the State Division of Water Resources prior to construction.

Mr. Brian Smith, representative of the applicant, explained where the proposed wells would be located and noted extensive research has occurred by hydrologists and geologists. This research, Mr. Smith continued, shows that the hard rock "fracture zones" are at different depths than those servicing the adjacent Red Feather Highlands Subdivision.

Mr. Ron Lindroth, area resident, expressed concern with fire protection and that sprinkler systems are not required. If a fire were to occur at or near this site, it would put a strain on fire fighting efforts due to a lack of water.

Mr. Smith noted that the proposal includes the installation of a 200,000-gallon water storage tank and stated that several building will be sprinklered.

At this time the hearing was closed to the public.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Magic Sky Ranch Special Review as presented and outlined above.

Motion carried 3 - 0.

6. OSTER ZONING VIOLATION: 600 EAST TRILBY ROAD, FORT COLLINS

This is an alleged violation of the Land Use Code Section 4.1.2.A: Trade use is not a permitted use in the FA1-Farming zoning district; and Section 4.1.2: Outside storage is not a permitted use in the FA-1 Farming zoning district. Staff findings include 1. The property is zoned FA-1 Farming; 2. The FA-1 Farming district does not permit outdoor storage or trade uses; 3. The continued use of the property, in violation of the zoning regulations, has affected the neighbor's ability to enjoy their own property; 4. The continued use of the property, in violation of the zoning regulations, will affect property values in the area. Staff recommendation is 1. Find that a violation exists; 2. Require compliance within 90 days. Compliance would require that the business use cease; 3. Authorize legal action if the deadline is not met.

Ms. DeLude stated that she spoke with the property owner during previous discussion and that he is in agreement with the staff recommendation. Ms. DeLude noted that Mr. Oster will be moving to Weld County and that the move should be completed within the 90-days. Mr. Oster concurred.

Ms. Karen Bucannon, adjacent property owner, expressed concern about the moved and noted the noise from the business is unbelievable and is not compatible with the surrounding area.

MOTION

Commissioner Rennels moved that the Board of County Commissioners find a violation exists; Require compliance within 90-days, including that the business cease; and Authorize legal action if the deadline is not met.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:35 p.m.

____________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

____________________________

Jean M. O'Connor, Clerk to the Board

____________________________

Kay May, Deputy Clerk

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