MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, October 4, 2004
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner; Chair Pro Tem Gibson presided and Commissioner Bender was present. Also present were: Doug Ryan, Health Department; Geniphyr Ponce-Pore, Sean Wheeler, and Porter Ingram, Planning Department; Christie Coleman and Roxann Hayes, Engineering Department; Claudia DeLude, Zoning Enforcement; Jeannine Haag, Assistant County Attorney; and Gael Cookman and Angela Myers, Deputy County Clerks.
Chair Pro Tem Gibson opened the meeting with the Pledge of Allegiance and then asked for public comment on the Land Use Code and County Budget. Lieutenant Jim Sullivan from the Larimer County Sheriff's Department addressed the Board regarding the proposed 2005 budget. Lieutenant Sullivan stated that he believes it is wrong for the County to change the merit increases for employees salaries from 5% down to 3%, and that in his opinion, the County is breaking a contract with all employees as they were told upon their hire that they would receive a 5% wage increase annually for satisfactory performance. Lieutenant Sullivan stated that with the 5% merit increases employees expected to reach the top of their pay scale within five years of their hire date; however, it will now take approximately 12 years for an employee to reach the top end of their pay scale which, in his opinion, is unacceptable. Lieutenant Sullivan stated that the County should re-instate the 5% merit increase and make it retroactive to 2004 as well. The Board thanked Lieutenant Sullivan for his feedback on the budget.
Chair Pro Tem Gibson noted that the following items are consent and would not be discussed unless requested by the Board, staff, or members of the audience:
1. CRYSTAL LAKES SUBDIVISION 13TH FILING LOT 133 REZONING; 04-Z1519: The applicant is requesting a lot consolidation to combine three contiguous lots into one in Crystal Lakes 13th Filing. Although the three lots are contiguous, Lot 133 was platted in a different subdivision and has the zoning of E-Estate. Lots 1 and 32 are zoned O-Open. In order to assure that the combined lots have one zoning, the applicant has requested that Lot 133 be rezoned to O-Open. The Development Services Review Team findings include: 1. The proposed change is consistent with the Master Plan; 2. The proposed change is compatible with the existing and allowed uses on properties in the neighborhood and is the appropriate zoning for the property; 3. Conditions in the neighborhood have not changed to the extent that the proposed change is necessary; 4. The proposed change does not result in significant adverse impacts on the natural environment; 5. The proposed change addresses a community need; 6. The proposed change results in a logical and orderly development pattern in the neighborhood. The Development Services Review Team recommends approval of the Crystal Lakes 13th Filing, Lot 133 Rezoning #04-Z1519.
2. CRYSTAL LAKES SUBDIVISION 5TH FILING LOT 1 &32 AND 13TH FILING LOT 133 LOT CONSOLIDATION AND EASEMENT VACATION; #04-S2331: This is a request to combine Lots 1 and 32, 5th filing, and lot 133, 13th filing, in the Crystal Lakes Subdivision into one building lot. The Development Services Review Team summary and conclusions are as follows: The proposed Lot Consolidation of Lots 1 and 32, 5th filing and Lot 133, 13th filing in the Crystal Lakes Subdivision will not adversely affect any neighboring properties or any County agency. The Lot Consolidation will not result in any additional lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code. The Development Services Review Team recommendation is for approval of the Lot Consolidation of Lots 1 and 32, 5th filing, and Lot 133, 13th filing in the Crystal Lakes Subdivision (#04-S2331) to be known as Lot 1 of the Lot Consolidation of Lots 1 and 32, 5th filing and Lot 133, 13th filing in the Crystal Lakes Subdivision and the vacation of the 14 foot utility easement located on the common lot line of Lots 1 and 32 subject to the following conditions: 1. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.
3. COTTONWOOD FARMS RURAL LAND PLAN AMENDED PLAT AND RIGHT-OF-WAY VACATION; #03-S2189: The applicant requests authorization to provide access for Lots 1 through 4 via Glenn Ridge Drive (to share access with Glenn Ridge Estates Subdivision) and to vacate the Braun Lane right-of-way and the utility and drainage easement located adjacent to Braun Lane. In addition, the applicant requests an amendment to the lot lines for Lots 1 through 4 to accommodate access to Glenn Ridge Drive. Preliminary approval of the Cottonwood Farms R.L.U.P. was granted by the Larimer County Board of Commissioners on October 16, 2000, with the Findings and Resolution recorded on December 11, 2000, at Reception No. 2000084189 of the Larimer County Records. Final approval was granted by the Larimer County Board of Commissioners on July 24, 2001, with the Final Plat, Development Agreement, and other related documents recorded on July 25, 2001, at Reception Numbers 2001061638 thru 20091061641 of the Larimer County Records. An amendment to Residual Lot B was approved by the Board of County Commissioners on October 21, 2003, with the Amended Plat recorded on October 27, 2003, at Reception No. 20030135772 of the Larimer County Records.
Braun Lane was originally approved to serve Lots 1 through 4 of the Cottonwood Farms R.L.U.P. In order to minimize road construction and enhance safety, the owners of these two contiguous developments agreed to share internal road access. Since they are now proposing to change the access point to Glenn Ridge Drive, this right-of-way is no longer needed. The utility and drainage easement has been relocated to the east of Lots 1 thru 4 to provide services to Lots 1 through 4. The utility companies have no objections to the proposal, as long as a utility easement is provided for the lots. The applicants have also granted additional drainage, utility and landscape easements, on this plat to accommodate the new shared Glenn Ridge Drive. They previously dedicated additional right-of-way by deed of dedication for Glenn Ridge Drive on January 27, 2004, and recorded on January 29, 2004, at Reception No. 20040009091 of the Larimer County Records.
Fire Protection was reviewed by Poudre Fire Authority as part of the Glenn Ridge Estates Subdivision process. A referral was sent to Poudre Fire Authority on this Cottonwood Farms Amended Plat and no comments were received. This application was forwarded to the appropriate departments and agencies for comment. The responses from other agencies reveal that there are no other issues of concern.
Staff Recommendation is for approval of the Amended Plat and Right-of-way and easement vacation for Cottonwood Farms R.L.U.P. 99-RLP0029, File # 03-S2189, with the following conditions: 1. Vacation of the right-of-way, utility and drainage easement vacation, and amended plat shall not be effective until the plat or any other necessary document modifications, as required by the County, are approved by the County and recorded in the Larimer County Records.
4. MERRIMAN STUDIO MINOR SPECIAL REVIEW; #04-Z1524: The applicant is requesting the approval of a Minor Special Review in order to use a detached accessory structure for a painting studio and a writer’s workshop. Writing and counseling workshops will generally take place three times a week, and generally consist of no more than eight participants. One workshop in may include up to 15 participants. Workshops will generally take place between January and May. When not used as a studio, the structure will be used as a personal studio, or uses allowed as accessory to single-family residential uses in the FA-Farming zone district. Existing structures include a single-family home, and one 797 square foot detached structure that has been issued a building permit and that is currently under construction. The lot is zoned FA-Farming, and is located at the end of Blue Heron Lane, a private road. The area is characterized by similar acreages, with a mix of agricultural and residential uses. The site has low visibility from the road, due to its location at the end of the road, and the established trees and shrubs that exist in the neighborhood. There are no wetlands, designated wildlife areas, or hazard areas on this lot.
Staff findings are as follows: 1. There will be no outdoor storage of materials, parts, equipment, finished product or any items associated with the approved home; 2. The home occupation will not occupy more than 800 square feet in a detached, accessory building; 3. The use will be located on the same lot with the single family dwelling occupied by the owner/operator of the use; 4. The proposed home occupation will not change the character of the lot or the neighborhood; 5. The home occupation will be located greater than the minimum requirement of 50 feet from all property lines; 6. There will be no on-site retail sales; 6. The home occupation will employ no more than one full time equivalent employee who does not reside on the premises as a member of the family.
The Development Review Team recommends approval of the Merriman Studio Minor Special Review, File #04-Z1524 with the following conditions: 1. The use be limited to no greater than the proposed 3 trips per day, averaged over the course of a year, and be operated at all times consistent with the application materials found in File #04-Z1524. 2. At the time of Certificate of Occupancy, or no later than December 1, 2004, the applicant shall pay Transportation Capital Expansion fees.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve the Consent Agenda as outlined and presented above.
Motion carried 2-0.
5. RIDGEVIEW NORTH SUBDIVISION PRELIMINARY PLAT; #03-S2225:
The Sander MLD (File #98-EX1229) was approved by the Board of County Commissioners in 1998, creating Lots A and B, with 29.205 and 10.0 acres respectively. The Sander MLD created Lot B, which is surrounded on three sides by Lot A; this proposal for Lot A incorporates this past design. The applicant currently seeks to further divide Lot A of the Sander MLD into 3 lots for single-family residential uses. Lots 1 and 2 are proposed to be 10.11 acres and 10.6 acres, respectively; Lot 3 is proposed at 6.59 acres. On February 24, 2004 the Board of Adjustment heard and approved the Triece Lot Size Variance (File #04-BOA0444) which included this property. This allowed the proposed Lot 3 to be 7.59 gross acres (removing the right of way, the net acreage is 6.59 acres) in the O-Open district, which has a minimum lot size of 10.0 acres. Lot A is improved with one single-family residence and several agricultural outbuildings. The site is characterized by thin soils, shrubs, prairie grasses with a varied topography, including areas of steep slopes. No floodplains or wetlands exist within the proposed boundaries of the project. There are no irrigation ditches. No landscaping or additional road dedication is proposed. The neighborhood is characterized by rural and agricultural properties. Adjacent and south of the proposed subdivision is the Reu Ranch, Rural Land Use Project which created 4.0-acre lots adjacent and south of this property. Also adjacent and south is an industrial wood products treating business that has been established for some time. Adjacent to this development are lots that range in size from 4 to ten acres as well as 35 acres and above. Also within one-half mile is the Sunny Acres Subdivision, with lot sizes ranging in sizes from less than one are to 1.7 acres.
Development Services Review Team findings include: 1. The proposed subdivision is compatible with existing and permitted land uses in the surrounding area; 2. The proposed subdivision complies with all standards of this code and with all other federal, state and county laws and regulations and; 3. The proposed subdivision will not adversely affect Special Places in Larimer County. The Development Services Review Team supports a recommendation for approval of the Ridge View North Preliminary Plat, File #03-2225 subject to the following conditions: 1. The Final Plat of the Ridge View North is to be completed in strict compliance with the conditionally approved preliminary plat and other information submitted by the applicant and contained in the File #03-S2225, unless modified by the conditions of this approval. 2. The applicant shall execute a Final Development Agreement and Disclosure Notice for approval by the County to be recorded with the Final Plat. The 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: the need for engineered septic systems and foundations, the shared access, fire department requirements for sprinklering homes, rural area issues, and the need for passive radon mitigation. 3. The following fees shall be collected at building permit for new single family dwellings: Poudre R-1 school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and the Larimer County Park Fee in lieu of dedication. 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. 4. 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. 5. All residential structures shall be equipped with residential fire sprinkler systems, per Poudre Fire Authority. 6. At the time of building permit, grading for each structure shall indicate positive drainage away from the structure, and site specific engineering foundation investigations and engineered footings and foundations shall be required for all habitable structures to be built within this subdivision, per Colorado Geological Survey letter, dated June 4, 2004. 7. The Final Plat materials shall demonstrate that the shared access will be constructed to 40 feet in width for the first 50 feet of depth from County Road 60E, and the plat shall indicate an easement that will be of adequate width to accommodate the road.
Ms. Ponce-Pore presented a letter to the Board from adjoining neighbors David and Erin Napier, which outlined their concerns with the application. The Napier's are opposed to the plan due to the fact that one of the lots does not meet the minimum 10-acre lot size required for the area, and one of the lots creates a "flag lot". The Napier's are also concerned with weed management in the area and believe that anyone who purchases the flag lot will not likely manage it and it will have on-going noxious weed problems.
Thomas Honn, representative for the applicant, addressed the Board and stated that they are in agreement with the conditions as outlined by staff. Mr. Honn then stated that he will be happy to respond to any public comment if necessary.
At this time the hearing was opened up for public comment. Terry Stark, adjoining neighbor, addressed the Board with her main concern being the shared access of the driveway entering the property. Ms. Stark stated that she understood the shared access driveway would be 50 feet wide which she would agree with; however, when the conditions for the application were set, the shared access was listed as being 40 feet wide which she does not feel is acceptable as emergency vehicles will need to be able to access this area. Ms. Stark noted that she has concerns with safety with the location of the shared access point as it is located on a dangerous curve and there have already been many accidents in this area. She noted that her preference would be to have either another access point at the edge of the new lot line, or to create a shared access off of applicant's driveway. Terry Reu clarified that there are actually two driveways that run parallel going north from County Road 60E; one being 100 feet long, and the Starks driveway which is 30 feet long, she noted that at one point the County required every piece of ground had to have deeded access to the County Road.
Chair Pro Tem Gibson closed public comment and Mr. Honn stated that they had agreed to widen the driveway so there was appropriate room for two vehicles coming and going at the same time and sufficient enough for emergency vehicles to access. Mr. Honn stated that the driving surface would be 40 feet wide and then drop back down to 30 feet when it solely serves the Stark's property. Mr. Honn noted that they could put a separate driveway for lot 1; however, the County is concerned that a proliferation of driveways that could further hinder traffic flow. Mr. Honn also stated that the property owner has maintained weed control measures for noxious weed mitigation and plans to continue this practice. Commissioner Bender asked if this property was in the weed control district and the applicant replied in the affirmative. Commissioner Bender then asked for clarification on the width of the driveway being 24 feet versus the 40 foot wide driving surface. Mr. Honn noted that the standard county road width on a local street is 24 feet with appropriate 4 foot shoulders; he stated that his understanding was that the driveway would be a 40 foot wide driving surface, with appropriate shoulder space. Ms. Coleman stated that from an engineering standpoint it became apparent that to ensure 24 hour a day, seven day a week, in and out movement availability, and to facilitate turning movements around the curve, it was necessary to construct it as a 40 foot driving surface.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners re-open Public Comment.
Motion carried 2-0.
Ms. Stark stated that she wanted Ms. Coleman to know that she was agreeable with the 40 foot paved surface, now that it has been clarified; however, her preference would still be to have a separate access point for the newly created lot. Ms. Stark further noted that the proposal requires them to move her mailbox, which she cannot do as it is already encroaching on her neighbor's property. Finally, Ms. Stark stated that she is concerned that individuals will take shortcuts across the properties in question, which could cause damage to roads and the potential for future neighborhood problems or lawsuits. Chair Pro Tem Gibson asked staff if the distance between driveways is 660 feet. Ms. Coleman noted that the requirements are based on the classification of the roadway, and in this instance the minimum spacing is 300 feet. Ms. Coleman also noted that on numbered County Roads the policy is to treat them as the regional traffic conveyance system, and to place a priority on maintaining a high level of service which means minimizing the number of access points allowed and that is why the recommendation is for a combined access. Ms. Coleman also noted that they would be working to create a subdivision maintenance agreement that would outline provisions on how to share costs for maintenance. Chair Pro Tem Gibson closed public comment.
Mr. Honn stated that they will have to work with the post office to establish an approved location and design plan for the issue of the Stark's mailbox, and he felt this should not be too difficult to resolve. He further noted that the maintenance issue will be a joint access agreement between the owners of lot 1, and the Starks, and it will identify maintenance responsibilities the property owners involved. Commissioner Bender asked if the road is paved or gravel. Mr. Honn stated that they would use the same type of material that is currently installed, that being a gravel on recycled asphalt material which does function like a paved road.
Under final discussion, Commissioner Bender felt that the 40 foot access was sufficient and would support the staff recommendation. Chair Pro Tem Gibson concurred.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve the Ridgeview North Subdivision Preliminary Plat, File #03-S2225, with the conditions as outlined above.
Motion carried 2-0.
6. FOOTHILLS BAPTIST CHURCH APPEAL; #04-G0065 : Mr. Wheeler noted that this is a request to appeal Section 5.1 (Subdivisions) of the Land Use Code to allow the use of the Minor Land Division Process to create a plat of record. The applicant seeks approval for a Minor Land Division (MLD) on approximately 7.7 acres into 2, lots being approximately 3.23 acres and 4.54 acres in size. One lot will be used for the existing church facility and the other for a single-family residential use. The existing “lots” were created by metes and bounds description in the early 1970’s but were never formally subdivided through Larimer County. In addition, the church has been in place since the early 1970’s and a new single family residence would be built on the new lot at the south end of the site. The property is located on the south side of 22nd Street adjacent to the Namaqua Hills subdivision in the City of Loveland. Mr. Wheeler noted that staff supports the use of the Minor Land Division process to create a legal plat of record for these parcels. The use having the greatest impact (the church) has been in place for 30 years and the residential lot would be compatible with surrounding uses. As noted, if the MLD is approved both lots would exceed the minimum lot size for the zone district. Finally, based on the assessment above regarding impacts and compatibility with surrounding uses, Staff anticipates a recommendation of approval and the applicant’s being able to satisfy the review criteria for a MLD.
Chair Pro Tem Gibson noted for the record that the applicant did not wish to address the Board and there is no public comment regarding this item.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve the request to submit an application for a Minor Land Division, to create a plat of record for two parcels as recommended by Staff.
Motion carried 2-0.
7. JENNAWAY ZONING VIOLATION; #03-ZV0125:
This property is located on the north side of Trilby road, east of Highway 287, at the corner of Trilby Road and Vivian Court. Historically, the property has been used for residential purposes. There is a ranch style home onsite, which was built in 1910, a shed/utility building and a detached garage. This parcel is highly visible to the general public as there is a mobile home park across the road and it is also around the corner and on the way to the Larimer County Humane Society. Over the years staff has consistently received complaints regarding this property. The complaint is usually always regarding outdoor storage of junk and the general overall appearance of the property. There are neighbors who feel it is an eyesore and is devaluing their adjacent properties. Since July of 2003, four separate complaints have been filed with Zoning Code Enforcement. These complainants continue to call for updates on enforcement actions. The property owner and the occupant have been cited several times over the past few years. Typically, the property has eventually been bought into compliance. In one past case, dated 1998, the matter did proceed to District Court. The occupant brought the property into compliance to avoid any further enforcement actions. Over the past few years, the property has maintained the same general appearance. It is brought into compliance, and then shortly thereafter, is in violation again. This has been particularly frustrating for the neighbors. The enforcement process is always explained to the neighbors, with the main point being that when a property is brought into compliance, the process starts all over when it is in violation again.
In July of 2003 a complaint was received regarding outdoor storage of junk, as defined in the Larimer County Land Use Code. The property was inspected and was found to be in violation. There were inoperable/unlicensed vehicles, miscellaneous building materials and appliances stored outside. The complainant was also concern about the height of the weeds; however, Larimer County does not address that issue in the Land Use Code. This issue was referred to the Weed Management District. Staff contacted the occupant of the parcel, Gary Matthews. Staff has always dealt with Mr. Matthews, rather than the owner. Through the years, current Code Enforcement staff has had no contact with the actual owner. It has, however, been noted by various staff members (of the Planning Department) that he has made contact on occasions. Staff stopped in at the property, while inspecting it the first time, and spoke directly with Mr. Matthews. He was advised of the issues and the neighbors concerns. He agreed to clean things up and requested 4 weeks to do so. Staff accommodated this request. The property was re-inspected four weeks later and was found to still be in violation. A 30 day letter was mailed in September of 2003. No response was received from Mr. Matthews.
Knowing the history of the past zoning violations, staff re-inspected the property in October and again in November of 2003, hoping it was merely taking longer to clean up this time. The property, however, remained in violation. In December of 2003, a complaint was received regarding a structure being erected in the yard. An inspection showed that the owner had started construction on a detached garage. Because no building permit had been issued, the structure was “red tagged” by the Building Department. Mr. Matthews contacted Building Code Enforcement and proceeded to apply for a building permit. Upon reviewing the site plan for the building permit, staff discovered that the structure did not meet the required setbacks for the FA1-Farming district (25-font, 5-side, and 10-rear). In addition to that, the structure had been built in an easement. Per the Larimer County land Use Code (LUC), no structures are permitted to be built in easements. Mr. Matthews was advised that he would need to vacate the easement and apply for a setback variance. He discussed his options with Al Kadera, Principal Planner. In his pre-application conference held December of 2003, he was advised of the process and given the materials needed to submit an application to the Planning Department. To date, no application has been turned in and the property remains in violation. In August of 2004, a hearing was scheduled before the Board of County Commissioners. Notice of the hearing was mailed via regular and certified mail.
Staff findings include: 1. The property is zoned FA1-Farming; 2. Outside storage is not permitted in the FA1-Farming zoning district; 3. No building permits have been issued to permit placement of the garage/utility structure on this parcel; 4. No County approval has been applied for, nor approved, to permit the structure to be built in the easement; 5. Outdoor storage of junk remains on the parcel; 6. Use of the parcel, in violation of the Land Use Code, will affect surrounding property values; 7. Use of the parcel, in violation of the Land Use Code, has affected the neighbor’s ability to enjoy their own property.
Ms. DeLude stated that Mr. Matthews has been in contact with her and agrees to the conditions; however there is one additional condition that must include regarding removal of outside storage items. The conditions and staff recommendations are as follows: 1. The Board finds that a violation exists; 2. Require compliance within 90 days. Compliance requires that: a.) a setback variance is applied for. b.) an easement vacation is applied for. c.) if both are approved, a building permit must be issued within 45 days of the approval. OR d.) if either application is denied, the structure must be removed from the property, or relocated onsite, with proper permits and inspections conducted. e.) all outdoor storage of junk be removed from the parcel. 3. Authorize legal action if the deadline is not met. 4. All of the outside storage of junk must be removed within 90 days.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners find that a violation exists regarding the Jennaway/Matthews Zoning Violation and require compliance in accordance with conditions 1 - 4 as outlined above.
Motion carried 2-0.
The meeting adjourned at 4:05 p.m.
TUESDAY, OCTOBER 5, 2004
(#116 - 117)
The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager; Chair Rennels presided, and Commissioners Gibson and Bender were present. Also present were Donna Hart, Deni LaRue and Bob Keister, Commissioners’ Office; Kathy Wolfe and Gary Small, Extension Office; Gary Buffington, K-Lynn Cameron, Ann Montoya, and Jerry White, Parks and Opens Lands; Tony Simons, Wildfire Safety Coordinator; Tom Garton and Kristin Bothell, Building Department; George Hass, County Attorney; Jeannine Haag, Assistant County Attorney; and Gael Cookman and Angela Myers, Deputy County Clerks.
PUBLIC COMMENT: There being no public comment, the meeting was recessed until 9:30 a.m.
APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 27, 2004:
Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of September 27, 2004, as presented.
Motion carried 2 – 0. (Commissioner Bender abstained.)
REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 11, 2004: Ms. Hart reviewed the schedule with the Board.
1. CONSENT AGENDA: Chair Rennels requested clarification of Resolution #2: Adopting Amendment to the Larimer County Land Use Code (Section 7 – Special Events), to distinguish whether there was a County code pertaining to this issue in the past. Mr. Lancaster indicated that this resolution will create the County code pertaining to special events and make it effective January 1, 2005.
Commissioner Bender moved that the Board of County Commissioners approve the following items as presented on the consent agenda for October 5, 2004:
10052004A001 DEVELOPMENT AGREEMENT FOR RED FEATHER COMMERCIAL MOBILE RADIO SERVICE SPECIAL REVIEW FILE #02-Z1457 BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY; GEMINI COMMUNICATIONS CORPORATION; AND GINA M. WADAS
10052004A002 MEMORANDUM REGARDING LEASE AGREEMENT BETWEEN AL vonMETZGER AND KAY vonMETZGER AND THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY
10052004R001 RESOLUTION ADOPTING AMENDMENTS TO LARIMER COUNTY LAND USE CODE (JULY 12, 2004)
10052004R002 RESOLUTION ADOPTING AMENDMENT TO THE LARIMER COUNTY LAND USE CODE (SECTION 7 – SPECIAL EVENTS)
10052004R003 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR BEARD MINOR LAND DIVISION AMENDED PLAT
10052004R004 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 120 AND 121 FORT COLLINS INDUSTRIAL PARK 2ND FILING
10052004R005 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 47 AND 48 CEDAR PARK 6TH FILING
10052004R006 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 58A AND 38A, GLACIER VIEW MEADOWS 11TH FILING AND VACATION OF UTILITY EASEMENT
10052004R007 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 1-4 AND 15-17 BLOCK 13 SOUTH NOKOMIS LAKE SUBDIVISION
10052004R008 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 11-13 CEDAR SPRINGS 4TH FILING AND VACATION OF UTILITY EASEMENT
10052004R009 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 102 AND 103 CRYSTAL LAKES 8TH FILING AND VACATION OF UTILITY EASEMENT
10052004R010 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 11 & 12 BLOCK 26 OWASSA LAKE SUBDIVISION
10052004R011 RESOLUTION REGARDING PARTIAL RELEASE OF COLLATERAL FOR POUDRE OVERLOOK PLANNED UNIT DEVELOPMENT
1005204R012 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN GLACIER VIEW MEADOWS 4TH FILING LOTS 60 & 61
10052004R013 RESOLUTION AUTHORIZING THE TRANSFER AND ASSIGNMENT OF CABLE TELEVISION AGREEMENT FROM GALAXY CABLE, INC. TO CHAMPION CABLE L.L.C.
LIQUOR LICENSES: The following license was both approved and issued: Lil’s Gambler Steakhouse – Hotel and Restaurant – Fort Collins. The following license was approved: American Legion – Special Event 6% - Fort Collins.
Motion carried 3 – 0.
2. 4-H WEEK PROCLAMATION: The Board of County Commissioners welcomed Gary Small and Kathy Wolfe, 4-H Extension Agents, to proclaim the week of October 4th 4-H Week in Larimer County. Melissa Still and Ryan Keefer, 4-H Members, were also present to share their experiences with respect to their time in 4-H and how it has positively impacted their lives. There was much exchange among those present, and proclamation certificates were presented by the Board of County Commissioners. Commissioner Gibson read the Proclamation aloud.
3. UPDATE ON FRONT RANGE FUELS PROJECT: Tony Simons, Wildfire Safety Coordinator; Dave Farmer, Acting District Forester, Colorado State Forest Service; and Dick Edwards, Canyon Lakes Ranger District Planning Team Leader, United States Forest Service, provided an update on the Front Range Fuels Treatment Partnership (FRFTP). They provided a brochure prepared by the FRFTP Steering Committee, a spreadsheet outlining the various projects they are currently working on and a photo of the Glacier View greenbelt work that has been accomplished. Dave Farmer indicated that on the Crystal Lakes project they changed their process from working with individual homeowners, to working directly with the homeowners association. Mr. Simons indicated that they are hiring emergency service fire fighters to cut the designated trees and Alternative Sentencing labor to stack the materials in these efforts, which helps to minimize the costs involved. Chair Rennels requested an explanation of a project from start to finish, and Tony Simons provided that explanation using the Girl Scouts site as an example. Discussion ensued among those present, and the Commissioners conveyed their appreciation of the accomplishments and future efforts planned by the Front Range Fuels Treatment Partnership.
4. EXPENDITURE OF OPEN SPACE SALES TAX DOLLARS FOR THE CHIMNEY HOLLOW PROJECT: Jerry White, Engineering, and K-Lynn Cameron, Open Lands Manager, requested approval from the Board of County Commissioners for this acquisition. A map of the site was distributed to all those present.
Jerry White explained that this is a large property just west of Carter Lake, which is 3,447 acres total. He further explained that the Northern Colorado Water Conservancy District (NCWCD) is interested in the lower, valley part of this property for a future reservoir site; so the purchase is being approached from a partnering perspective to bring down the cost to the County. The NCWCD is in the process of securing the necessary permits to accomplish their objectives. This purchase is the final piece of the puzzle to the Blue Mountain Project area, as several properties in that area have already been protected. The County will acquire 1,847 acres of the property, and the NCWCD will acquire 1,600 acres. The plan is to establish a public recreation area, with a trail head, parking area and approximately 10 miles of trails which will be on both portions of the property. There will be an intergovernmental agreement with the NCWCD that will allow the County to manage any recreational uses on the reservoir if it is built, at no lease cost to the County. The timing for completion of the reservoir is slated for 2009 or 2010. County public access is anticipated to be available by approximately 2009; however, starting next year there will likely be some limited public access in the form of guided tours on the property. The appraised cost of this property was $2,217 per acre, which totals $7.6 million. The NCWCD will pay approximately $2,500 per acre for their portion, and Larimer County will pay $1,971 per acre. The total cost to the County, after the NCWCD pays their portion, is $3,842,000, which includes $200,000 that goes to the Conservation Fund for legal and negotiation work on the project. A GOCO Grant has been approved for $950,000, making the net cost to Larimer County $2,892,000 – a per acre cost of $1,458. An evaluation was provided as part of the staff report, indicating that this property rates high in all applicable areas. The Conservation Fund is also providing for a $400,000 loan, which will help with cash flow. Approval is needed from the Board of County Commissioners for the expenditure of $50,000 out of the total cost which will represent the earnest money on this purchase.
Commissioner Gibson requested clarification regarding what types of recreation will be facilitated on the property, and clarification was provided by Ms. Cameron.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve and sign the contract for the expenditure of $2,892,000 from the Help Preserve Open Spaces sales tax for the purchase of the 1,847 acre Chimney Hollow property and authorize expenditure of $50,000 of the $2,892,000 as earnest money toward the purchase.
Motion carried 3 – 0.
10052004R014 RESOLUTION FOR ACQUISITION OF THE CHIMNEY HOLLOW PROPERTY, MAY ALSO BE KNOWN AS HEWLETT PACKARD PROPERTY
10052004A003 CONTRACT FOR BARGAIN SALE OF REAL ESTATE; RE: CHIMNEY HOLLOW
8. FONKEN III CONSERVATION EASEMENT: Gary Buffington, Parks and Open Lands Director, and K-Lynn Cameron, Parks and Open Lands Manager, explained that this request is for approval to accept a conservation easement donation. A map of the location was distributed to all present. Mr. Buffington explained that this is the third phase of the Fonken Conservation Project. The Fonken family has 373 acres (as shown on the map). The Fonken family has donated conservation easements for 35 acre parcels each of the last two years. The first two phases of the project totaled 70 acres, and this third phase totals 105 acres. This results in a grand total of 175 acres with the acceptance of this easement. The estimated value is $250,000 for the donation. The Fonken’s will be applying for some tax credits, but such credits certainly will not amount to the total value. There are continued discussions with the land owner about some possible future donation of the underlying fee ownership and of providing public access that might tie in with some Forest Service trails in that area, but that would be down the road. This project is about half-way complete, with another 140 acres in donations expected over the next couple of years.
Commissioner Gibson requested clarification regarding public use of the property. Ms. Cameron explained that, while the easements are being donated, the area is not open to the public; however, at the end of the donation period there is the opportunity to make it open for public use. Gibson further clarified his understanding that public use is not fixed in concrete, but is a goal and objective of this project, and that was confirmed by Mr. White.
Commissioner Gibson moved that the Board of County Commissioners approve the acceptance of a donation of conservation easement on the Fonken Property, may also be known as Fonken Phase III.
Motion carried 3 – 0.
10052004R015 RESOLUTION TO ACCEPT A DONATION OF CONSERVATION EASEMENT ON THE FONKEN PROPERTY, MAY ALSO BE KNOWN AS FONKEN PHASE III
9. PRESENTATION ON THE PARKS AND OPEN LANDS EDUCATION PROGRAM VISION: K-Lynn Cameron, Open Lands Manager, introduced Ann Montoya, Parks and Open Lands Education Coordinator, and briefly explained the focus of Ms. Montoya’s efforts.
Ms. Montoya explained the vision of the Parks and Open Lands Education Program, which is to provide visitors with opportunities to learn about, appreciate, respect, understand and enjoy their parks and open lands. She went on to explain the strategies for implementation, goals and programs. Discussion ensued among all those present. Chair Rennels asked for contact information for these programs. Ms. Montoya indicated that the phone number directly to her desk is 679-4561 and her email address is email@example.com. Commissioner Bender commented that “experience” could be included in the outline, since it separates what they offer from the typical “classroom” environment, and the suggestion was well received. The Commissioners expressed their appreciation of the presentation.
10. WAIVER OF PERSONNEL POLICIES FOR A BUILDING INSPECTOR: Tom Garton, Chief Building Official, and Kristin Bothell, Staff Services Manager, were present to request Board approval for a personnel policy waiver. Mr. Garton explained that his department laid off four employees about a year ago, and revenues for this year are approximately 13 percent higher than their original budget projection. Therefore, Mr. Garton contacted Frank Lancaster and was given permission to rehire one position. Dan Ellis was rehired; however, current County policy requires that this employee must be started at base salary again. This is a request for a waiver of that County policy to reinstate his salary at the same rate he was earning when he left, to restore his sick leave balance and to allow his three years of employment to count toward his vacation accrual. Mr. Garton noted that this waiver would not affect the budget. Chair Rennels requested clarification, asking if Mr. Ellis was paid his sick leave when he previously left. Ms. Bothell explained that he was not paid the sick leave at that time, because he had not yet been with the County for five years.
Mr. Lancaster indicated that he is working to modify the County policy so that this will not have to be an issue brought to the Commissioners but will instead be a matter of approval via general policy. The Commissioners concurred with Mr. Lancaster’s opinion.
Commissioner Bender moved that the Board of County Commissioners approve a waiver of the personnel policy to allow Dan Ellis to have his pay restored to the amount it was when he was laid off, to restore his sick leave balance and to allow his three years of service to count toward his vacation accrual.
Motion carried 3 – 0.
11. WORKSESSION: Mr. Lancaster informed the Board that there is a rumor circulating that the Board took action to change the name of County Road 60 to George W. Bush Drive, and he has received some phone calls regarding this. He wanted it noted for the record that County Road 60 is still County Road 60. Mr. Lancaster explained that County policy is that county roads are identified as numbers, and are not named. If they are annexed to a city, they would receive a name, but that name would be consistent with the road it connects to; for example, if the County road connected to Timberline and was annexed into the City, it would become Timberline as well. There will be some street naming going on with the addressing system, but those named will be private roads or subdivision roads. Mr. Lancaster explained that it will be up to the neighbors to go through the process of the name policy to make sure it is not a duplicate name, etc. Deni LaRue provided some insight into where this “rumor” may have originated. She said that there is a George W. Bush Road in Wellington in the area of Colorado Road 60. It is a private road in a City subdivision. She suggested that the way the two roads line up may be the cause of the confusion.
Mr. Lancaster then provided an update on the status of the County budget. He indicated that most of the decisions and recommendations have been made and preparations are being made to publish it for presentation to the Board of County Commissioners on October 15, 2004. He explained that this was a very difficult budget year and went on to discuss the priorities and how the budget was prepared with those priorities in mind. He provided an overview of the line item reductions and affects on personnel. Discussion ensued among those present.
12. COMMISSIONERS REPORTS: The Board noted their attendance at events during the past week.
13. LEGAL MATTERS: Mr. Hass updated the Board with a housekeeping change to the Resolution signed in August regarding putting the five-commissioner issue on the ballot. The Resolution mistakenly mentions that, if passed, the five commissioners will be elected at the “2004” election. It should read “2006.” That particular mistake is not on the ballot question, so no change is necessary there; a change is needed only on the Resolution itself.
Commissioner Gibson moved that the Board of County Commissioners amend Resolution #08242004R010, Resolution for Ballot Proposal to Increase the Number of County Commissioners from 3 to 5, by changing the scheduled election date from 2004 to 2006.
Motion carried 3 – 0.
Ms. Haag informed the Board that developer, Lou Kinzley, of the Waverly Ridge Project, has defaulted on the development agreement regarding road construction; noting that the road has been built, but not to County standards. The developer has been in a lawsuit with his contractor over this issue for approximately a year; however, from the County’s perspective, the road is still deficient and nothing has moved forward. There have been several conversations with the Attorney for Lou Kinzley about the fact that they are in default and Ms. Haag wanted to inform the Board that the County intends to draw the letter of credit likely this week. They are not arguing the point, as they know the road is not satisfactory and needs to be corrected. If the County does draw the letter of credit, the developer will continue to litigate with the contractor for reimbursement for the letter of credit.
There being no further business, the meeting adjourned at 11:35 a.m.
KATHAY RENNELS, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
(S E A L)
Gael M. Cookman, Deputy County Clerk
Angela Myers, Deputy County Clerk