MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, April 14, 2003
LAND USE HEARING
The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Jim Reidhead, Rural Land Use Center; Matt Lafferty and Geniphyr Ponce-Pore, Planning Department; Doug Ryan, Health Department; Christie Coleman, Engineering Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.
Chair Bender noted that staff is requesting the Johnston Zoning Violation be tabled to May 19, 2003 at 3:00 p.m. Ms. DeLude stated that the property owner is working with staff toward compliance and staff therefore is requesting the item be tabled.
Commissioner Rennels moved that the Board of County Commissioners table the Johnston Zoning Violation to May 19, 2003 at 3:00 p.m.
Motion carried 3 - 0.
Chair Bender noted the following items are consent and would not be discussed unless requested by the Board or members of the audience.
1. BERNHARDT MINOR LAND DIVISION: A PORTION OF THE SE 1/4 OF 18-05-69; LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF COUNTY ROADS 20 AND 23E
This is a request for a Minor Land Division to change the status of a 20.27-acre parcel, which is not considered a legal lot to a legal lot. Staff recommendation is approval and authorization for the Chairman to sign the plat when the conditions are met and the plat is presented for signature, subject to the following conditions 1. Prior to the recordation of the Final Plat the applicant shall provide a copy of a water tap agreement for domestic water service; 2. The applicant shall obtain an access permit from the County Engineering Department prior to the issuance of a building permit
This is a request for preliminary approval to divide 70 acres into five (5) lots-three (3) single-family residential lots and two (2) Residual Lots. The three single-family residential lots will be located on about 18 acres (ranging in size from 5.7 acres to 6.4 acres). The two Residual Lots (one with a single-family dwelling and one without) will be located on about 52 acres and will be protected from further development for a minimum of 40 years with a recorded covenant or deed restriction, as required under the Rural Land Use Process. Staff finds that the proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code. Support for the Pearl Creek Preliminary Rural Land Plan is based on the following 1. Applicant's planning and design rationale for the project, which is consistent with the RLUP; 2. The removal of the potential for larger development allowed in the E Estate and E1-Estate zoning from this property since it will be protected from further development for a minimum of 40 years; 3. Conservation values of the residual land, including a forestry management/use plan; 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 E-Estate and E1-Estate 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 (2 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 summarized below 1. Forty year protective covenant on residual land; 2. Preservation of open space and wildlife habitat with an enforceable forestry management/use plan; 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 approval with the following contingencies being met prior to approval of final plat by the Board of County Commissioners 1. All roads constructed within the Rural Land Plan shall be in accordance with duly adopted Rural Land Use Process road standards in effect at the time construction is commenced. Design shall be prepared and stamped by a qualified professional engineer licensed in the State of Colorado. Internal roads may be contained in a private access and utility easement. Documentation that verifies that all site accesses have safe access/adequate site distance shall be included. Road names and addressing shall meet standards in Section 5.11 of the Larimer County Land Use Code; 2. The residual land protective covenant and management/use plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval; 3. A Land Use Plan for the entire area shall be created by a professional forester or range specialist and shall be reviewed and approved by the Colorado State Forest Service and the Wildfire Safety Specialist prior to final approval. The plan shall include the following: objectives, current conditions, future desired conditions, options to reduce the wildfire hazards, and implementation strategy and long-term funding mechanism; 4. 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; 5. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 6. Implementation of the forest management/use plan must be completed within the building envelopes and internal access road easements prior to the issuance of any building permits; 7. Building envelopes shall be located on each lot. Building envelopes shall be placed in such a configuration that the drainages on the property are not included in these envelopes; 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. A dry hydrant system (in the Beaver Meadows area) for fire fighting purposes must be established and in working order as verified by the Wildfire Safety Specialist prior to issuance of building permits. If one cannot be established, a storage tank capable of storing 3000 gallons per lot, must be constructed with fittings compatible with Crystal Lakes Volunteer Department prior to issuance of building permit; 10. A written ruling from the State Engineers Office stating if this property will be allowed wells under C.R.S. 30-28-401-404 and/or if they will be affected by an existing water augmentation plan for the area and what the requirements are for new wells will be required prior to final plat approval; 11. 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) Depending on the outcome of the State Engineers Office ruling, there may need to be a note added regarding wells and/or water augmentation; b) Implementation of the forest management/use plan must be completed within the building envelopes and internal access road easements prior to the issuance of any building permits; c) 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 variance from this requirement from the fire district is received; d) 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; e) 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. Prior to the approval of the footing and foundation inspection, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope. This shall be accomplished by a written certification by a Colorado Licensed Surveyor. If the structure requires a county Setback and Use Permit rather than a building permit, this surveyor's certification is also required; f) Engineered footings and foundations are required for new residential construction; g) 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; h) No feeding of any wildlife. Any food placed for wildlife will eventually attract the Black Bears traveling through the area. Once a bear finds food around homes and trailers, they become habituated to humans, often causing damage to property in their search for food. The State of Colorado is not liable for damages to non-agricultural property. Homeowners insurance is strongly advised; i) Keep trash and garbage removed from site. Bear proof containers are commercially available and they work. Garbage and trash can be as attractive to bears as placing out food for wildlife; j) It is strongly recommended that trailers and motor homes not be left on site unattended. These items may be destroyed by bears if left unattended. This is particularly important during the months of July to September, when the bears are most active in their search for food; k) Many other species of wildlife live in the area; some can be dangerous to humans and pets. It must be remembered that landowners will be living with wildlife. Species that may be found in the area are Coyotes, Mountain lions, Bobcats, Skunks, Badgers, Raccoons, Deer, Elk, Hawks, Owls and Eagles; l) Pets must be contained on property, either by leash or enclosure; m) 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; n) 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; o) 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; p) 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; q) Larimer County has adopted a Right to Farm Resolution; r) 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, Larimer County Park Fees (in lieu of dedication), Drainage Fees and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply; s) 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; t) 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; u) 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; v) 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; w) 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.
This is a request for a Minor Land Division and waiver of minimum lot size requirement in order to combine six parcels into 2 single-family residential parcels (one resulting in less than the minimum required lot size), and one open-space tract on a total of 297.33 acres. Staff finding is that the proposed Culver Minor Land Division complies with the Review Criteria for Minor Land Divisions as contained in Section 5.4.3 of the Larimer County Land Use Code. Staff recommendation is approval of the Culver MLD including the approval of the waiver of the minimum lot size requirement for Lot 1, allowing a 2.8 acre lot in the O-Open District, with the following condition, and authorize the chairman to sign the plat when the plat is presented for signature 1. As requested by Mr. Dale Greer of Larimer County Engineering, minor technical changes to the plat shall be made prior to recordation.
Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.
Motion carried 3 - 0.
3. POPLAR SUBDIVISION APPEAL: SW 1/4 33-08-69, APPROX. 1.5 MILES NORTH OF THE INTERSECTION OF LARIMER COUNTY 54G AND NORTH TAFT HILL ROAD, ON THE EAST SIDE OF THE ROAD
This is a request for an Appeal of the Larimer County Land Use Code Sections 8.14.2.F, requiring a maximum length on a cul-de-sac to be 660 feet in Range 69, and 8.14.2.M, stating that all roads in new land divisions must be designed to connect to adjacent property to allow a neighborhood circulation system and to improve emergency and service access. Staff findings are 1. That the amended plat associated with this appeal will allow for what Staff believes is a better subdivision in terms of adequate lot sizes for septic systems, and is generally supportive of the amended plat. However, the proposed appeals submitted are contrary to what Staff believes is a well-planned and safe subdivision, and creates a subdivision design that is not in conformance with the standards or intent of the Land Use Code for new subdivisions; 2. Although the applicants have agreed to sprinkler the structures in order to meet fire code requirements, a fire is only one example of an emergency a community may experience. Sprinklering the homes in this subdivision in lieu of providing a second point of access does not adequately address other safety issues such as health emergencies or accidents that may occur in this subdivision; 3. Connectivity between communities is an important design component and addresses many community development issues including communication between residents of adjacent communities, improved internal pedestrian and vehicular traffic flow, emergency access, and lowering the impact to arterials and collectors; 4. Statements regarding the intentions of current landowners regarding future development does not provide sufficient evidence to support the proposed isolation of this development from adjacent land; 5. Approval of this appeal could negatively impact and limit connectivity options for not just the subject development, but land adjacent on the north and south of this parcel also. Staff recommendation is denial of the appeal to Section 8.14.2.F of the Larimer County Land Use Code and denial of the appeal to Section 8.14.2.M of the Larimer County Land Use Code.
Mr. Steve Sivon, the applicant, stated that he would like to purchase the parcel and develop 12-residential units as previously approved. The difference, Mr. Sivon continued, is the layout of the development and he is therefore requesting an appeal for the length of the cul-de-sac due to the enlargement of each lot in order to accommodate septics. Mr. Sivon further stated that the Poudre Fire Authority has requested the residence be sprinklered and the cul-de-sac be large enough to turn an engine around and he will comply with that request. The requirement for a secondary access, Mr. Sivon continued, is not economically feasible since the parcel to the north could only accommodate three lots. Discussion ensued regarding adjacent properties.
Ms. Patty Phillips, area resident, addressed connectivity in the area noting that there is no connectivity and that the Board had recently approved a project to the north of this site without that applicant being required to provide for future connectivity. Ms. Phillips stated that the applicant has met all other requirements and that the appeas should be approved.
Mr. Sky Wietzel, manager for the property to the north, opposes connectivity since approximately 20-acres at the boundary line are low lying and therefore should not be developed nor should a road be located there.
Much discussion ensued regarding the previously approved subdivision vs. this proposal.
Commissioner Gibson stated that the railroad to the east could one day become a road, thereby providing a secondary access.
Commissioner Rennels stated that perhaps the applicant could reserve right-of-way to the south; Chair Bender agreed. Mr. Sivon also agreed to the reservation.
Commissioner Rennels moved that the Board of County Commissioners approve the appeal of Section 8.14.2.F of the Land Use Code and allow the proposed length of the cul-de-sac.
Motion carried 3 - 0.
Commissioner Rennels moved that the Board of County Commissioners approve the appeal of Section 8.14.2.M of the Land Use Code and require the applicant to reserve a 60-foot right-of-way at the south only, for connectivity.
Motion carried 3 - 0.
There being no further business, the hearing adjourned at 3:45 p.m.
TUESDAY, APRIL 15, 2003
The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Bender presided and Commissioner Gibson was present. Also present were Donna Hart and Deni La Rue, Commissioner's Office, Carol Block, Financing; Bob Eichem, Colorado Government Finance Officer's Association; Gary Buffington, K-Lynn Cameron and Jerry White, Parks and Open Lands; George Hass, County Attorney; and Jean M. O'Connor, Clerk to the Board.
Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of April 7, 2003 as presented.
Motion carried 2 - 0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 21, 2003: Ms. Hart reviewed the schedule with the Board.
4. CONSENT AGENDA:
Commissioner Gibson moved that the Board of County Commissioners approve the following documents as presented on the consent agenda:
PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Hupp; McDonald; Natural Fort Grazing; Stratton; Smiley; Padden; Stegner; Hert and Windsor Investments, Ltd (6).
04152003A001 CONVEYANCE OF EASEMENT BY LARIMER COUNTY TO BETTY JO CULVER AND HER IMMEDIATE FAMILY
04152003A002 CONVEYANCE OF EASEMENT TO LARIMER COUNTY BY BETTY JO CULVER BY AND THROUGH DALE L. CULVER
04152003A003 RURAL SITE ADDRESSING IMPROVEMENT PROJECT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ENTRANCO
04152003A004 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SOLBOURNE
04152003D001 DEED OF CONSERVATION EASEMENT BY H.A. FONKEN AND ELAINE J. FONKEN AND LARIMER COUNTY (Fonken Phase II)
04152003R001 FINDINGS AND RESOLUTION APPROVE AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN HORSETOOTH LAKE ESTATES LOTS 76 AND 77
04152003R002 FINDINGS AND RESOLUTION APPROVING THE VACATION OF UTILITY EASEMENT IN CONTINENTAL NORTH SUBDIVISION LOT 25
04152003R003 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF RIGHT-OF-WAY EASEMENT IN MILL CANYON ESTATES
04152003R004 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN RAMONA HEIGHTS LOTS 2A, 2B, AND 3A
04152003R005 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN HILL CONSERVATION DEVELOPMENT LOT 13
04152003R006 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF THE TAYLOR EXEMPTION PARCELS B & C
04152003R007 FINDINGS AND RESOLUTION APPROVING THE CHALEDON ESTATES CONSERVATION DEVELOPMENT PRELIMINARY PLAT
04152003R008 FINDINGS AND RESOLUTION APPROVING THE GARDELS APPEAL TO LARIMER COUNTY LAND USE CODE SECTION 4.2.1.D
04152003R009 FINDINGS AND RESOLUTION APPROVING THE PETITION TO MODIFY A CONDITION OF APPROVAL OF THE KNESS MINOR RESIDENTIAL DEVELOPMENT
04152003R010 FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT OF LEVI ACRES SECOND SUBDIVISION
04152003R011 REZONING FINDINGS AND RESOLUTION CONCERNING THE PETITION OF TRI-CITY LOT 2
04152003R012 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF MAGIC SKY RANCH
04152003R013 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN FORT COLLINS BUSINESS CENTER SUBDIVISION 1ST FILING LOTS 7 & 8
04152003R014 RESOLUTION REGARDING RELEASE OF COLLATERAL FOR RIVER GLEN SUBDIVISION REPLAT OF TRACT A
LIQUOR LICENSES: The following license was issued Jackson's #313- 3.2%- Fort Collins, CO.
Motion carried 2 - 0.
5. PRESENTATION OF 20TH CONSECUTIVE FINANCIAL REPORTING AWARD: Ms. Block noted that this is the 20th consecutive year that Larimer County has received this award. Mr. Eichem presented the award to the Board recognizing the Finance Departments' continued commitment to government reporting.
6. FOSSIL CREEK AMENDED INTERGOVERNMENTAL AGREEMENT (IGA): Ms. Cameron noted that the IGA is being amended to reflect a change in the cost share for Tract D with the City of Fort Collins and to include the development costs of the Fossil Creek Regional Open Space.
Commissioner Gibson moved that the Board of County Commissioners approve the amended Intergovernmental Agreement with the City of Fort Collins for the Fossil Creek Reservoir area properties.
Motion carried 2 - 0.
04152003A005 AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS CONCERNING THE FOSSIL CREEK RESERVOIR AREA PROPERTIES
7. APPROVAL OF THE INDIAN CREEK RANCH INTERGOVERNMENTAL AGREEMENT: Ms. Cameron requested approval of the IGA with the City of Fort Collins for the acquisition of Indian Creek Ranch, which outlines cost share and management. The County's acquisition portion would be 25% and the County would also manage the property.
Commissioner Gibson moved that the Board of County Commissioners approve the Intergovernmental Agreement between the Board of County Commissioners and the City of Fort Collins for the Indian Creek Ranch.
Motion carried 2 - 0.
04152003A006 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS CONCERNING THE INDIAN CREEK RANCH
8. APPROVAL OF THE EXPENDITURE OF OPEN SPACE SALES TAX DOLLARS FOR THE ACQUISITION OF INDIAN CREEK RANCH: Mr. White stated that the Indian Creek Ranch acquisition is a joint venture with the City of Fort Collins and the Intergovernmental Agreement stipulates the cost share with the County paying 25% of the cost. Ms. Cameron noted that the City and County would jointly develop a management plan for the property and that the County would manage it as part of the Devil's Backbone and Rimrock Open Space project. Mr. White requested the expenditure of funds from the Open Space Sales Tax fund per the Intergovernmental Agreement.
Commissioner Gibson moved that the Board of County Commissioners approve the expenditure from the Open Space Sales Tax fund for the purchase of the Indian Creek Ranch as per the Intergovernmental Agreement with the City of Fort Collins.
Motion carried 2 - 0.
04152003R015 RESOLUTION FOR THE ACQUISITION OF THE INDIAN CREEK RANCH PROPERTY
Commissioner Gibson moved that the Board of County Commissioners approve the Contract dated April 9, 2003 between the Board of County Commissioners and W & B Properties LLC for the purchase of Indian Creek Ranch.
Motion carried 2 - 0.
8. WORK SESSION: Mr. Lancaster requested Board approval for an Accounting I position at the Fairgrounds and noted that the position has already been budgeted for.
Commissioner Gibson moved that the Board of County Commissioners approve an Accounting I position at the Fairgrounds.
Motion carried 2 - 0.
Mr. Lancaster informed the Board of his discussion with the Sheriff regarding the high employment turnover at the jail. The Sheriff, Mr. Lancaster continued, suggested overstaffing the jail by 10 %, realizing that reality is a "moving average" and that the jail would probably never have 100% of the positions filled.
Mr. Lancaster stated that, at times, the Commissioners would each receive an email/ letter individually from a citizen and suggested that the Board consider allowing him to follow-up with the citizens to prevent duplicating efforts. The Board concurred.
9. COMMISSIONER REPORTS: The Board noted their attendance at events last week.
10. LEGAL MATTERS:
EXECUTIVE SESSION (Affidavit provided)
Commissioner Gibson moved that the Board of County Commissioner go into executive session at 10:40 a.m. and cited 24-6-402(4)(b) C.R.S.
Motion carried 2 - 0.
Executive session ended at 11:00 a.m.; no action was taken.
THOMAS G. BENDER, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
(S E A L)
A T T E S T
Jean M. O'Connor, Clerk to the Board