MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, August 2, 2004
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Matt Lafferty and David Karan, Planning Department; Roxann Hayes, Engineering Department; Gael Cookman, Clerk and Recorder's Office; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.
Ms. Cookman requested the Board approve the recommendations of the Board of Equalization referee for July 27, 28, and 29, 2004.
Commissioner Gibson moved that the Board of County Commissioners approve the recommendations of the Board of Equalization referee for July 27, 28, and 29, 2004 as presented.
Motion carried 3 - 0.
Chair Rennels stated the following item is consent and would not be discussed unless requested by the Board or members of the audience.
1. LEE MINOR LAND DIVISION: A PORTION OF THE NW 1/4 OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST; MORE SPECIFICALLY THE PROPERTY IS LOCATED ON THE EAST SIDE OF THE SOUTHEAST FRONTAGE ROAD, APPROXIMATELY 1/2 MILE SOUTH OF HIGHWAY 14
This is a request for a Minor Land Division to create two lots from the existing 47-acre property by creating an 11.28 acres lot (Commercial Use) and a 36.22-acre lot (Residential Use). The 36.22-acre lot for residential use will remain undeveloped, even for a single-family residence, until a development application is approved the County of other applicable municipality. Staff findings include 1. The property for the proposed Lee Minor Land Division is not part of any approved or recorded Exemptions, Minor Residential Developments, Minor land Divisions or Subdivisions and is therefore eligible for this Minor Land Division; 2. The newly-created parcels will meet the minimum lot size required by the FA-1 (Farming) and C (Commercial) zoning districts; 3. Access to the property will not change and complies with current standards as set forth by the County Engineering Department and CDOT; 4. The Lee Minor Land Division will not result in impacts greater than those of existing uses surrounding the property. Staff recommendation is approval with the following conditions and authorize the Chair to sign the plat when presented for signature 1. All conditions shall be met and the Final Plat recorded by January 26, 2005 or this approval shall be null and void; 2. Prior to the recordation of the Lee Minor Land Division Final Plat the applicant shall address the referral comments from the Dale Greer of the County Engineering, which referral comments are dated June 23, 2004; 3. The following shall be noted on the Final Plat, "Until an appropriate land division application is approved by the County Commissioners, or if annexed, no development, including the construction of a single family residence, shall occur on Lot 2 of the Lee Minor Land Division."
Commissioner Bender moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.
Motion carried 3 - 0.
2. PRELIMINARY PLAT FOR PRAIRIE VIEW ESTATES CONSERVATION DEVELOPMENT: NW 1/4 SECTION 26, T9N, R68W OF THE 6TH PM JUST SOUTHEAST OF THE INTERSECTION OF COUNTY ROADS 5 AND 66, APPROXIMATELY 1.25 MILES NNE OF WELLINGTON
This is a request to approve a Preliminary Plat for a 13 lot Conservation Development (CD) to be built in three phases. Mr. Karan briefed the Board on the application and noted that this item was before the Board in May 2004 as a General Development Plan and at that time the Board chose not to place a condition on the applicant regarding water shares and the Board also agreed that collateral for road improvements would be collected at the end of Phase II. However, Mr. Karan continued the Planning Commission is requesting the Board re-consider these decisions and "tie" one share of North Poudre Irrigation water to largest lot, which also includes residual Lot A. The Planning Commission also would like collateral collected prior to the conclusion of Phase II.
Mr. Tom Hann, representative of the applicant stated that the Board had considerable discussion in May regarding the timing for the road improvements and it was determined that, if the applicant went through the Rural Land Use Process, no improvements would be required and the applicant would still have 7-lots. The first two phases of this project would result in 7-lots.
Chair Rennels asked who would own the water shares and Mr. Horton stated that he believes one share would remain with the homeowners association (HOA) and the other would go with the largest lot and residual Lot-A. Chair Rennels expressed concern with the water share being tied to the land and not the landowner.
Much discussion ensued regarding water shares and use.
Mr. Horton stated that he prefers the collateral be due at the end of Phase II as previously decided by the Board. Mr. Hann stated that he would work with staff regarding wording of a condition to address the water shares, prior to final plat.
Chair Rennels stated that there is no public comment regarding this item.
Commissioner Bender asked if the building envelopes are close enough to require home sprinklers and Mr. Helmick stated that the water supply is insufficient to sustain fire hydrants.
Chair Rennels stated the that HOA needs a share of water and the owner of Lot-A also requires water, but that water shares are a property right and the Board can not dictate ownership of water shares.
Commissioner Gibson stated that he favors leaving the collateral issue as previously decided.
Mr. Helmick offered the following verbiage for condition #6: "Two shares of North Poudre Irrigation water will remain with the Prairie View Estates Conservation Development. One share to remain with the HOA for irrigation of the 12 residential lots and one share for Lot 13 and agricultural use for residual Lot A. The Use Plan for Residual Lot A shall address use and plan for termination of water use and successful transitional use". Ms. Haag stated that all parties understand the intent of condition #6 and that more specificity as to the terms of this condition will be drafted for inclusion in the Development Agreement.
Commissioner Bender moved that the Board of County Commissioners approve the Prairie View Estates Preliminary Plat for a Conservation Development as amended and outlined below.
Motion carried 3 - 0.
Staff recommendation is approval subject to the following conditions 1. This Preliminary Plat and the three subsequent phased Final Plats shall comply with all of the conditions of approval of the Prairie View Estates GDP and all provisions of the latest submittals or revisions contained in the Prairie View Estates GDP and CD files. A building permit for the building envelope on Residual Lot A will not be issued until Phase 3 improvements have been completed; 2. Any applicable State Water Quality or Air Quality permits will be obtained during the Final Plat process for Phase 1; 3. 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 Building 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 from 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; 4. Capital Expansion Fees, Fees in Lieu of Park Land, School Dedications, and Construction Permit Fees shall be collected at building permit for new single family dwellings. The fee amount that is current at the time building permit application shall apply. Both the Development Agreements and the Disclosure Affidavits will reference this requirement. The County Engineer's office also requires a Developmental Construction Permit, prior to commencing development construction; 5. The applicant shall provide a Disclosure Notice to be approved by the County as a part of the Final Plats, and recorded with the Final Plats. This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. Included but not limited in this are the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 6. Two shares of North Poudre Irrigation water will remain with the Prairie View Estates Conservation Development. One share to remain with the HOA for irrigation of the 12 residential lots; one share for Lot 13 and agricultural use for residual Lot A. The Use Plan for Residual Lot A shall address use and plan for termination of water use and successful transitional use; 7. All residential units shall be equipped with internal fire sprinkler systems; 8. Foundation and ISDS Design shall follow the recommendations of the Colorado Geological Survey letter dated 06/26/2002.
Mr. Karan asked if the Board wanted to reconsider their previous decision regarding improvement collateral. Consensus of the Board is to leave the previous decision in place.
There being no further business, the hearing was adjourned at 3:45 p.m.
TUESDAY, AUGUST 3, 2004
(#93 & 94)
The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Kathy Snell, Human Services; Joni Friedman, Workforce Center; Major Bill Nelson; Sheriff's Department; Donna Hart, Deni La Rue and Melinda Keen, Commissioners' Office; Larry Timm and Al Kadera, Planning Department; Marc Engemoen, Public Works Director; K-Lynn Cameron, Parks Department; and Jean O'Connor, Clerk to the Board.
1. PUBLIC COMMENT: Mr. Thomas Edwards addressed the Board with a PowerPoint presentation concerning citizens diving in the Poudre River at the tunnel. Major Nelson stated that currently, no laws are being broken so there is nothing the Sheriff's office can do. Chair Rennels asked for a copy of the presentation, which she would get to CDOT and the Forest Service for their information.
Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of July 26, 2004 as presented.
Motion carried 3 - 0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 9, 2004: Ms. Hart reviewed the schedule with the Board.
4. CONSENT AGENDA:
Commissioner Bender moved that the Board of County Commissioners approve the following items as presented on the consent agenda:
08032004A001 MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES (Works Program and Colorado Childcare Assistance Program)
08032004A002 SUBCONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MORGAN COUNTY COMMUNITY CORRECTIONS BOARD
08032004A003 FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND L. J. SCHUSTER, LLC AND POUDRE OVERLOOK HOMEOWNERS ASSOCIATION FOR POUDRE OVERLOOK PLANNED UNIT DEVELOPMENT
08032004A004 COMMUNITY DEVELOPMENT BLOCK GRANT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LOVELAND HOUSING DEVELOPMENT CORPORATION
08032004A005 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO STATE DEPARTMENT OF LOCAL AFFAIRS (Supplies funds for the Larimer County Home Ownership Program)
08032004R001 FINDINGS AND RESOLUTION APPROVING THE IDLEWILDE BY THE RIVER PRELIMINARY CONDOMINIUM MAP
08032004R002 FINDINGS AND RESOLUTION APPROVING THE COUNTY ROAD 5 FLOOD PLAIN SPECIAL REVIEW
08032004R003 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN LIN MAR ACRES LOTS 7, 14, 17, AND 18
08032004R004 FINDINGS AND RESOLUTION APPROVING THE RIGHT-OF-WAY VACATION FOR A PORTION OF MOSSYCUP COURT
08032004R005 RESOLUTION FOR COUNTY ROAD MAINTENANCE (In Ferndale, Fort Collins Industrial Park, Godinez and Lin Mar Acres Subdivisions)
MISCELLANEOUS: Approve policies in the 2003 County Works Plan to comply with the New Colorado State requirements for County Diversion, Domestic Violence, other Assistance and State Diversion.
LIQUOR LICENSES: The following license was both approved and issued Gonzalo's Spanish Manor- Tavern- Fort Collins, CO. The following license was issued Colorado State University- Special Event 3.2%- Fort Collins, CO.
Motion carried 3 - 0.
5. AMEND THE CONTRACT WITH SPATIAL DATA RESEARCH FOR RURAL ADDRESSING IMPROVEMENT PROJECT: Mr. Timm requested approval to extend the completion date of this project to March 2005 and noted that no other changes to the contract are being proposed. Commissioner Bender asked if the extension would cost the County additional funds and Mr. Timm stated that the extension would not cost additional money.
Commissioner Gibson moved that the Board of County Commissioners approve amending the contract with Spatial Data Research for the Rural Site Addressing Improvement Project, Phase II by changing the schedule in the Statement of Work to reflect a completion date of March 2005.
Motion carried 3 - 0. (No document presented at this time)
6. BRIEFING ON HOMELESS SERVICES CENTER: Ms. Snell provided background information on the Center, which assists homeless citizens in getting out of the weather during the day. Ms. Snell stated that not only does the Center assist individuals, but also more and more families are utilizing the Center. Ms. Friedman stated that the Center is a community-based project, which includes participation with the municipalities, faith community, and physical and mental assistance programs to help residents improve their situations. Commissioner Gibson noted that the first center closed due to a lack of funds and asked why this center is anticipated to be successful. Mr. Snell stated that several factors play in the success of the Center such as collaborative efforts and services, faith community, partnerships, and case management services, to name a few. The Board thanked Ms. Snell and Ms. Friedman for the update and noted that staff would be meeting with North College residents and businesses to alleviate concerns regarding the location of the Center.
7. ACCESS AGREEMENT FOR CHIMNEY HOLLOW RESERVOIR AND OPEN SPACE PARTNERSHIP: Ms. Cameron stated that the County has an Intergovernmental Agreement (IGA) with the Municipal Sub-district of the Northern Colorado Water Conservancy District for Chimney Hollow Reservoir, which stipulated the parties reach an additional access agreement to the site during the construction of the dam for the Windy Gap Firming Project. The Sub-district and County staff, Ms. Cameron continued have identified several acceptable options for access to the Chimney Hollow property. Ms. Cameron requested approval of the access agreement for Chimney Hollow Reservoir and Open Space.
Commissioner Bender moved that the Board of County Commissioners approve the Access Agreement for Chimney Hollow Reservoir and Open Space Partnership as an addendum to the IGA for the same.
Motion carried 3 - 0.
08032004A007 ACCESS AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE MUNICIPAL SUB-DISTRICT, NORTHERN COLORADO WATER CONSERVANCY DISTRICT ACTING BY AND THROUGH THE WINDY GAP FIRMING PROJECT FOR CHIMNEY HOLLOW RESERVOIR AND OPEN SPACE PARTNERSHIP
8. UPDATE ON STATUS OF PROPOSED MARINA IMPROVEMENTS AT CARTER LAKE: Mr. Engemoen informed the Board that the amount of geological information available at this point is less than originally anticipated and therefore cost of improvements can not be determined at this time. Mr. Engemoen stated that after reviewing information available and ginen the comments received from residents during an area meeting, staff is recommending that consideration for improvements be taken off the table and concentrate on licensing for the sail club and concessionaire.
Commissioner Bender stated that he did not understand the rush and is glad with the recommendation to shelve the project at this time.
Chair Rennels stated that the role of citizens in this recommendation was appreciated and that the questions asked during a community meeting were invaluable. Mr. Engemoen acknowledged that the public process was very helpful and beneficial. Consensus of the Board is to place this project on hold at this time.
9. DISCUSSION OF BOARD AND COMMISSION BY-LAWS: Ms. Keen stated that several Boards do not have by-laws and requested the Board set a deadline of March 2005 to establish such. The Boards, Ms. Keen continued are the Core Services/Placement Alternatives Commissioner; Flood Review Board- Land Use Code Section 4.2.2; Larimer Emergency Telephone Authority- IGA; Weld/Larimer Revolving Loan Fund; and Workforce Investment Board. Mr. Gluckman stated that the Board has no jurisdiction over the Weld/Larimer Revolving Loan Fund and noted that it should not be considered.
Commissioner Gibson moved that the Board of County Commissioners approve the requirement that the Boards outlined and modified above are to adopt by-laws by March 2005.
Motion carried 3 - 0.
10. WORK SESSION: Mr. Gluckman stated that the Board had had a work session with the Board of Adjustment (BOA) and asked if there was any action necessary as a result of that work session. Chair Rennels replied in the affirmative but any action would have to wait for code revisions. Mr. Kadera stated that the BOA is now meeting twice a month. Chair Rennels requested the BOA members be extended 1-year. Ms. Keen stated that Mary Ann Martel is term limited, so the Board would need to interview for that one-year appointment. Consensus of the Board is to schedule interview appointments with applicants already on file.
11. COMMISSIONER REPORTS: The Board noted their attendance at events last week.
Mr. Gluckman stated that the Tax Increment Finance District, which has been discussed recently, is a legislative issue, which perhaps should be pursued through CCI. Mr. Gluckman noted that CCI already has already established their "list" of legislative issues and asked how something like this could be added. Chair Rennels stated that she is a member of the CCI Board and would take the issue to them for discussion.
There being no further business, the meeting adjourned at 10:35 a.m.
KATHAY RENNELS, 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