MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, November 22, 2004
LAND USE HEARING
(Tape Not Available)
The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner; Chair Pro-Tem Gibson presided, and Commissioner Bender was present. Also present were: Doug Ryan, Health Department; Christi Coleman, Engineering; Geniphyr Ponce-Pore and Sean Wheeler, Planning Department; Jeanine Haag, Assistant County Attorney; and Angela Myers, Deputy Clerk.
Chair Pro-Tem Gibson opened the meeting with the Pledge of Allegiance and asked for public comment on the Larimer County Land Use Code and the County Budget. No one from the audience addressed the Board regarding these topics.
Chair Pro-Tem Gibson noted that the first item on the agenda, the Robertson Zoning Violation, is being removed per staff’s request; he then stated that the remaining items are consent items and would not be discussed unless requested by the Board, staff or members of the audience. Ken Ludwick, concerned citizen, addressed the Board indicating his desire to comment on Item #4, Olander Farms Conservation Development.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners remove Item 4, Olander Farms Conservation Development, from the consent agenda.
Motion carried 2-0.
The following items remained on the consent agenda:
2. SPENCER HEIGHTS SUBDIVISION LOTS 25-27 LOT CONSOLIDATION; #04-S2361: This request is to combine three contiguous lots in the Spencer Heights Subdivision into one building lot. The proposed Lot Consolidation of Spencer Heights Subdivision Lots 25-27 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. Staff recommends approval of the Lot Consolidation for Spencer Heights Subdivision Lots 25-27 (#04-S2361) to be known as Lot 1 of the Lot Consolidation of Lots 25-27 Spencer Heights Subdivision 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; and 2) All conditions shall be met and the final executed deed and resolution of the County Commissioners recorded by May 22, 2005 or this approval shall be null and void.
3. HAIRE SUBDIVISION; #04-S2324: This request is to subdivide a 15-acre parcel into two lots. Lot 1 will consist of 11.53 acres; Lot 2 will consist of 3.139 acres; located on the west side of County Road 23E, approximately 1/3 mile south of County Road 20. Staff recommends approval of subdivision is subject to the following conditions: 1) The Final Plat of the Haire Subdivision shall be completed in strict compliance with the conditionally approved preliminary plat and other information submitted by the applicant and contained in the file, #04-S2324, unless modified by the conditions of this approval. 2) The applicant shall provide a Final Development Agreement to be recorded with the Final Plat, which shall include provision for all requirements for public improvements, including the fire hydrant as required by Loveland Fire, and memorialize the conditions under which this application is approved. 3) The applicant shall provide a 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 also include, but is not limited to; the restrictions of fencing of prohibiting access to ass ditches for maintenance and access for those responsible for maintenance and items for notification, as requested by Randy Starr in his memo of February 21, 2002, the issues related to rural development, fire department requirements, the requirement for an access permits and culverts, the need for engineered footings and foundations and the restrictions for basement construction, the need for engineered septic systems, the issue of noise from the adjacent dog kennel, and the need for passive radon mitigation. 4) The following fees shall be collected at building permit for new single family dwellings: Thompson R2-J school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, Drainage Basin fees, Development Construction Permit fees, 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. 5) 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. 6) Basement construction shall only be allowed if the applicant, at the time of building permit, can demonstrate that the groundwater table is at least three feet below the basement floor elevation.
5. GERALD MINOR LAND DIVISION; #04-S2353: This request is for approval of a Minor Land Division to create two lots from a 70+-acre parcel and an appeal to Section 5.4.3.B of the LCLUC; located on the west side of C.R. 3 between C.R. 48 (Vine Drive) and State Highway 14 (Mulberry Street), 1.5 miles east of I-25. The Development Services Team supports a recommendation of approval for the Gerald Minor Land Division (#04-S2353) and the appeal of Section 5.4.2.B of the Larimer County Land Use Code subject to the following conditions and authorization for the chair to sign the plat when the conditions are met and the plat presented for signature: 1) Lot 2 shall remain vacant until development of Lot 2 is approved through the appropriate subdivision, conservation development, or planned development process. 2) All conditions shall be met and the Final Plat recorded by May 22, 2005, or this approval shall be null and void.
6. GARNET VALLEY ACRES SUBDIVISION; #04-S2242: This request is for Preliminary Plat for a 14.47 acre Subdivision to create five, single-family residential use lots ranging in size from 2.3 to 4.26 acres. The request includes an appeal to Section 8.14.2.N of the Larimer County Land Use Code (Road Connectivity); located off the north side of C.R. 20 (West 1st Street) and C.R. 23H, west of Loveland. The Development Services Team supports a recommendation of approval from the Larimer County Planning Commission for the Appeal to connectivity requirements in Section 8.14.2.N of the Land Use Code. The Development Services Team supports a recommendation of approval from the Larimer County Planning Commission for the Garnet Valley Acres Subdivision Preliminary Plat, subject to the following conditions: 1) The Final Plat of the Garnet Valley Acres Subdivision shall be consistent with the information contained in the file, #04-S2242, 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: Thompson R2-J school fees in lieu of dedication, 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 contact the County Engineering Department and obtain a Development Construction Permit. 3) The applicant shall provide 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 Final Plat shall comply with Fire Protection Standards as required by Section 8.1.4 of the Land Use Code as related to the rural water supply requirements including the placement and use of hydrants for the subdivision. 5) 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 must include, but is not limited to; all issues related to rural development; the requirement for engineered footings and foundations and the requirement for passive radon mitigation. Other items raised in the review, or related to compliance with the Larimer County Land Use Code may also be included. 6) The Final Plat shall provide for emergency vehicle access to adjoining subdivisions with a design that satisfies the requirements of Larimer County and is subject to review and approval by the Development Services Team prior to recordation.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve Items 2, 3, 5 and 6 on the Consent Agenda as outlined above.
Motion carried 2-0.
4. OLANDER FARMS CONSERVATION DEVELOPMENT; #04-S2289: This request is for Preliminary Plat review for a proposed Conservation Development to divide 77.68 acres into 15 lots and 4 residential lots; located on the north side of State Highway 60, approximately one mile east of C.R. 11 and two miles west of I-25. The Planning Commission considered this proposal on October 20, 2004. Some Commissioners commented that they had not been present when the Chapman/Olander General Development Plan (GDP) was considered and now objected to the cluster design. Staff summarized how the design resulted from site-specific factors and how the clustering took advantage of opportunities for cross-property clustering. The Planning Commission then voted 4 to 3 to recommend approval of the Preliminary Plat proposal to the Board of County Commissioners (BCC) with some dissent regarding the question as to whether the design meets the clustering and residual land requirements of the Land Use Code. The overall design was approved by the BCC when the GDP was approved on July 14, 2003. The Development Services Team’s finds this design meets or exceeds those requirements (see enclosed 10/20/04 staff report and GDP staff reports). Further, Staff believes this proposal is a good example of a creative response to site characteristics. The existence of oil wells on the Olander property is an unavoidable constraint. The larger pattern of oil well sites in the area however provides an opportunity to set the pattern for broader scale land use as other properties develop. The Olander Farms CD proposal takes advantage of that opportunity. The clustering of Olander Farms CD lots with the adjacent Chapman Farms CD lots is key to setting such a pattern. The lots on the western boundary of the Olander property would then cluster with any development to the west. In addition to the advantages stated above, the proposed design fosters efficient integration of infrastructure between the two developments. Efficiency of infrastructure is one of the fundamental advantages of clustered residential development (see LC Master Plan Land Use principle 5-s2).
The Planning Commission and the Development Services Team recommend that the Board of County Commissioners approve the Olander Farms Conservation Development Preliminary Plat (File #04-S2289) subject to the following conditions: 1) The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Olander Farms Conservation Development (File #04-S2289) and with the Chapman Farms/Olander Farms General Development Plan (GDP - File #02-S2008) except as modified by the conditions of approval or agreement of the County and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Olander Farms Conservation Development and the Chapman Farms/Olander Farms General Development Plan. 2) Engineered foundations are required for new habitable construction. 3) Passive radon mitigation measures shall be included in the construction of all new residential structures on these lots. The results of a radon detection tests 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 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) The following fees shall be collected at building permit for new single family dwellings. Thompson R-2 District school fee, Larimer County fees for County and Regional Transportation Capital Expansion (TCEFs), Larimer County Regional Park Fee (in lieu of dedication) and drainage fee. The fee amount that is current at the time of 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) Interim and final emergency and secondary access will be approved by Loveland Fire Bureau and County Staff. 6) All lots must be 100 foot from edge of the wetland. The wetland boundary along the southeastern portion of the reservoir shall be restaked. Alternately, the applicant may provide a re-vegetation plan acceptable the County Planning Department. 7) In the Final Plat submittal, the applicants will specify whether or not Phase 1, Residual Lot C and Phase 2, Residual Lot D will be connected by a foot trail. If so, the plans for the trail must be approved by County Planning. They will also indicate whether or not residents will have access to any of the residual lots that will be developed during the other phase. 8) The applicant shall provide a Disclosure Notice to be approved by the County as a part of the Final Plat review, and recorded with the Final Plats. This notice shall inform 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, wildlife, hunting, rural practices, high groundwater and agricultural uses and the issues raised in the review and or related to compliance with the Larimer County Land Use Code. 9) A Conservation Easement, Development Agreement, or other instrument will: a) state that no further development of any residual land lots will be allowed, b) specify uses allowed on each residual lot and in the wetland buffer, c) specify how residual land will be managed including, but not limited to, groundcover, irrigation and assignment of responsibilities for each residual lot to each lot owner. This condition will be fully satisfied before the Final Plat proceeds to the County Commissioners for approval.
Mr. Helmick reviewed some history of the project and explained that the second part of the development plan, and the overall design, was approved by the Commissioners in July 2003.
Chair Pro-Tem Gibson opened up the hearing for public comment and Mr. Ludwick, non-adjacent neighbor, stated his concerns relating to the density of development on the property and how to keep water from seeping out of the lake onto the adjacent property that he farms. Commissioner then closed the hearing to public comment.
Mr. Helmick explained that the property is zoned FA and that the density of development proposed on the land is in compliance without public sewer and was approved in 2003. He referred to file information provided to the Commissioners which indicates that water quality and sanitation issues have been resolved. He went on to say that experience has not shown groundwater problems at this density, when the developments are properly designed, installed and maintained.
There was brief discussion regarding the covenants and restrictions for the subdivision. Mr. Helmick explained that the covenants are part of the final plat approval and are not provided at this juncture.
Chair Pro-Tem Gibson questioned the size of the lots, in that he thought it was 2.27 acres for proper septic system use. Mr. Helmick explained that these are 2-acre lots and that the lot size for proper septic system use can go down to 2 acres. He went further to say that the lot size passed Health Department review for appropriateness.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners re-open public comment.
Motion carried 2-0.
Chair Pro-Tem Gibson then opened the hearing to further public comment. Mr. Ludwick shared his knowledge of the history of drainage from the lake. He explained that the Johnson’s pull water from the reservoir as fast as it comes in. He went on to say that when the ditch overflows, which he indicated was rarely, the overflow goes across his property.
Chair Pro-Tem Gibson clarified with Mr. Ludwick that Mr. Ludwick’s concerns had to do with ditch overflow, rather than lake overflow; and Mr. Ludwick confirmed that to be accurate. Chair Pro-Tem Gibson again closed the hearing to public comment.
Mr. Helmick explained the drainage plan for the site. Chair Pro-Tem Gibson questioned whether the Health Department had provided a letter of approval. There was brief review of the information provided for Commissioner review, and it was determined that there was no formal letter from the Health Department included. Mr. Helmick indicated that Phase I had included extensive discussion of all aspects of the project.
Ms. Coleman explained that the detention pond detains runoff and allows for pollutants to settle over a 48-hour period and stores excess runoff until it can be released at historic rates.
Chair Pro-Tem Gibson questioned whether there was any reason not to table approval for another date and indicated that the issues for consideration include the holding pond that drains into the lake and whether it has specifically been accepted by the ditch company as to minimum requirements. Mr. Helmick indicated that the ditch company did execute an agreement for the ditch serving this property; however, the information provided for this meeting does not include documentation indicating the ditch company specifically approved the plan.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners table Item 4, Olander Farms Conservation Development (04-S2289), until 3:00 p.m. on December 20, 2004, for drainage concerns only.
Motion carried 2-0.
There being no further business, the meeting adjourned at 3:35 p.m.
TUESDAY, NOVEMBER 23, 2004
(Tape Not Available)
The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster. Chair Pro-Tem Gibson presided and Commissioner Bender was present. Also present were Donna Hart and Deni LaRue, Commissioner’s Office; Wynette Cerciello and John Gamlin, Human Resource Department; Scott Doyle, Clerk & Recorder; and Angela Myers, Deputy Clerk.
1. PUBLIC COMMENT: There was no public comment.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 15, 2004:
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of November 15, 2004, as presented.
Motion carried 2-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 29, 2004: Ms. Hart reviewed the upcoming schedule with the Board.
4. CONSENT AGENDA:
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for November 23, 2004:
11232004A001 AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MOUNTAIN CONSTRUCTORS, INC.
11232004A002 DEVELOPMENT AGREEMENT FOOTHILLS ESTATES II PLANNED UNIT DEVELOPMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY; DELBERT L. MARTIN AND CHARLES P. WILSON; AND FOOTHILLS ESTATES II HOMEOWNER’S ASSOCIATION
11232004A003 VENDOR AGREEMENT BETWEEN WELD ADOLESCENT RESOURCES, INC. AND LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES (DHS), CHILD AND FAMILY SERVICES DIVISION
11232004A004 INTERGOVERNMENTAL AGREEMENT REGARDING THE LARIMER COUNTY DRUG TASK FORCE BY AND BETWEEN LARIMER COUNTY; CITY OF FORT COLLINS; AND CITY OF LOVELAND
11232004A005 INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY MANAGEMENT
11232004D001 DEED OF DEDICATION OF SAID PROPERTY AS A PUBLIC HIGHWAY BY FRAN M. FLEMING, TRUSTEE
11232004D002 DEED OF DEDICATION OF SAID PROPERTY AS A PUBLIC HIGHWAY BY CHARLES R. WILLOX HOMESTEAD ONE, LLC
11232004R001 FINDINGS AND RESOLUTION APPROVING THE VACATION OF A DEDICATED RIGHT-OF-WAY DRIFTWOOD LANE
11232004R002 FINDINGS AND RESOLUTION APPROVING THE VACATION OF EASEMENT IN WITHROW RIDGE SUBDIVISION, LOT 8
11232004R003 FINDINGS AND RESOLUTION APPROVING THE PETITION OF MERRIMAN STUDIO MINOR SPECIAL REVIEW
11232004R004 FINDINGS AND RESOLUTION APPROVING THE RIDGE VIEW NORTH SUBDIVISION
11232004R005 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 1 AND 32 CRYSTAL LAKES SUBDIVISION 5TH FILING AND LOT 133 CRYSTAL LAKES SUBDIVISION 13TH FILING AND VACATION OF UTILITY EASEMENT
11232004R006 FINDINGS AND RESOLUTION APPROVING THE FOOTHILLS BAPTIST CHURCH APPEAL
11232004R007 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF MEADOWDALE HILLS 1ST FILING LOTS 43 AND 44 AND VACATION OF UTILITY EASEMENT
11232004R008 RESOLUTION DECLARING LARIMER COUNTY TROTWOOD PUBLIC IMPROVEMENT DISTRICT 28 ORGANIZED
11232004R009 RESOLUTION DECLARING LARIMER COUNTY VINE DRIVE PUBLIC IMPROVEMENT DISTRICT NO 29 ORGANIZED
11232004R010 RESOLUTION DECLARING LARIMER COUNTY POUDRE OVERLOOK PUBLIC IMPROVEMENT DISTRICT NO. 30 ORGANIZED
11232004R011 RESOLUTION ADOPTING AMENDMENTS TO LARIMER COUNTY LAND USE CODE (SECTION 5.8)
11232004R012 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT FOR LOT 5 DOUGLAS FARM EXEMPTION AND VACATION OF RIGHT-OF-WAY AND UTILITY EASEMENT THROUGH LOT 5 ON BOLD VENTURE WAY
MISCELLANEOUS: Amended Plat of Lot 5, Douglas Farm Exemption of 01-S1800; Park Hill Subdivision Lots 2, 3 Amended Plat; Carriage Hills 4th Lots 4, 5, 28-36 and 97 Block 10 Amended Plat; Department of Human Services Payments for September 2004; Appointment of Steve Humann to the Fair Board for a Three Year Term Effective December 1, 2004; Community Development Block Grant Short Application for Partial Funding for the New Construction of the Estes Park Salud Health Care Center.
LIQUOR LICENSES: The following licenses were both approved and issued: Club Osirus, Fort Collins – Tavern; City Limit Liquor, Fort Collins – Duplicate. The following licenses were issued: Branding Iron Liquor, LaPorte – Retail Liquor Store.
Motion carried 2-0.
5. REVISED CHAPTER 7, SECTION 703, REDUCTIONS IN FORCE, OF THE LARIMER COUNTY PERSONNEL POLICY MANUAL: Mr. Gamlin shared information regarding the process that was used in this policy revision process, which included placement of the policy on the County Bulletin Board, countywide email dialogue, brown-bag lunch discussions, etc.
Chair Pro-Tem Gibson requested an explanation of why the policy needed revising. Ms. Cerciello explained that the original policy lacked direction on furlough, needed more detail and guidelines in general and needed due-process and appeal rights for employees. Chair Pro-Tem Gibson commented that these policy revisions are reflective of new needs that have come to light in the last couple of years.
Commissioner Bender commented that he received several emails regarding concern over the appeal process. Ms. Cerciello explained that the policy lacked an appeals process for employees and now also provides for paid administrative leave which requires that the employee waive appeal rights. She went further to explain that the policy revision addresses severance guidelines and recall rights for employees whose positions are refilled within a year of their losing the position. Such recall rights allow for the employees benefits to pick up where they left off, rather than starting new.
Chair Pro-Tem Gibson asked about the financial affect the policy would have on the County. Ms. Cerciello commented that in the past administrative leave was not regulated and was just as often longer than the new policy provides for, which makes the financial impact of the new policy minimal.
Commissioner Bender asked how an employee can be allowed to appeal a layoff that is caused by financial constraints. Ms. Cerciello explained that, under the new policy, the Human Resources Department would receive a business plan from the department laying off staff in order to ensure that the layoff is business related. The employee would then be given five day’s notice of the layoff, which provides time for the employee to offer alternative suggestions. The employee would then take administrative leave, waiving the appeal process, or go through the appeal process.
Mr. Gamlin explained that the priorities are: what does the department need in order to meet its mission, what positions are outside of that need, etc. If there is more than one employee in the same position, then comparison of reviews over a five-year period is done. This ensures that performance ranks over seniority. Further, if there is more than one employee in the position and more than one with high review marks, then seniority plays a role.
M O T I O N
Commissioner Bender moved to approve the revised Chapter 7, Section 703 of the Larimer County Personnel Policy Manual.
Motion carried 2-0.
6. COMPENSATION FOR APPOINTED OFFICIAL – CLERK & RECORDER CHIEF DEPUTY: Mr. Doyle explained to the Board that since he has taken office, he has left the position of Chief Deputy vacant, but maintained it in the budget, in anticipation of filling the position at some future date. He went on to explain that he has asked Jan Kuhnen, Elections Manager, to step up to the position and Ms. Kuhnen has agreed to do so. Mr. Doyle requested approval of the annual salary for Ms. Kuhnen, as the Clerk & Recorder Chief Deputy, to be set at $70,000.
M O T I O N
Commissioner Bender moved to approve the Resolution Establishing Compensation for Appointed Officials Clerk and Recorder Chief Deputy at the annual rate of $70,000.
11232004R013 RESOLUTION ESTABLISHING COMPENSATION FOR APPOINTED OFFICIALS CLERK AND RECORDER CHIEF DEPUTY
Motion carried 2-0.
7. WORKSESSION: Mr. Lancaster explained that the Larimer County Bar Association is making a request to dedicate the Justice Center Law Library to the memory of Judge Ralph Coyte, and he read their formal request aloud. Dedication of the library would include lettering over the main door, a portrait of Judge Coyte placed in the library and a plaque that would be jointly paid for by the Bar Association and the County.
M O T I O N
Commissioner Bender moved to approve the designation of the Justice Center Law Library in memory of Judge Ralph Coyte.
Motion carried 2-0.
9. COMMISSIONER ACTIVITY REPORTS: The Board noted their attendance at events during the past week.
10. LEGAL MATTERS: There were no legal matters to discuss.
There being no further business, the meeting adjourned at 9:30 a.m.
GLENN GIBSON, CHAIR PRO-TEM
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Angela Myers, Deputy County Clerk