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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, JANUARY 24, 2005

 

LAND USE HEARING

(#6)

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Rennels presided, and Commissioner Wagner was present.  Also present were:  Porter Ingrum, and Genipher Ponce-Pore, Planning Department; Jim Reidhead, Rural Land Use Center; Christie Coleman and Traci Downs, Engineering Department; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Rennels 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 addressed the Board regarding these topics.   Chair Rennels then noted that the following items are consent and would not be discussed unless requested by the Board, staff, or members of the audience.  Mr. Reidhead requested that item #1 be removed from the consent agenda for discussion purposes.    

 

2.   SQUIRES RURAL LAND PLAN TIME EXTENSION; 03-S2127:  This is a request to extend the Preliminary approval for the Squires Preliminary Rural Land Plan for six months beyond the 90-day extension allowed by the Rural Land Use Process.  The preliminary approval for the Squires Rural Land Plan was granted on November 3, 2003, (see attached Findings and Resolution recorded January 12, 2004, at Reception No. 2004-0003048).   The applicant is requesting this 6-month extension to complete the project’s engineering and survey requirements.  The applicant has received one extension to the Final Plat and Final Development Agreement deadline for 90 days (allowed by the Rural Land Use Process, Section 5.8.5.C.17), which will expire on January 31, 2005.  This application is requesting an extension of the final plat deadline for 6 months, expiring on August 1, 2005.   Staff findings are as follows:  1.  The Squires Preliminary Rural Land Plan was approved November 3, 2003, with conditions.  2.  The applicant is requesting a six-month time extension to submit the Final Plat, Final Development Agreement and other required submittals.  3.  The proposed project is important because it is compatible with other land conservation efforts in the area.  Developing through the RLUP, rather than the other development alternatives, will provide significant benefits to Larimer County.  Staff recommendation is for approval of the six-month extension of the Squires Preliminary Rural Land Plan until August 1, 2005.  All conditions of approval as stated in the Findings and Resolution dated November 3, 2003, continue to apply.

 

3.  MEADOWDALE HILLS 2ND FILING LOTS 64 & 66 LOT CONSOLIDATION; 04-S2376:   This request is to combine Lots 64 and 66 2nd filing in Meadowdale Hills Subdivision into one building lot. No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; The Land Surveyor of the Larimer County Engineering Department; The Larimer County Engineering Department Development Review Team.  Staff summary and conclusions are that the proposed Lot Consolidation Lots 64 and 66 2nd filing in Meadowdale Hills 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 Team recommends approval of the Lot Consolidation for Lots 64 and 66 2nd filing in Meadowdale Hills Subdivision (#04-S2376) to be known as Lot 1 of the Lot Consolidation of Lots 64 and 66 2nd filing in Meadowdale Hills 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.  2.  All conditions shall be met and the final executed deed and resolution of the County Commissioners recorded by July 24, 2005 or this approval shall be null and void.

 

4.  BALLARD PLACE LOT 2, BLOCK 3 AMENDED PLAT; 04-S2372:  This is a request for an Amended Plat for a portion of Lot 2, Block 3, Ballard Place to reconfigure lot lines on two contiguous lots.  No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal: The Larimer County Department of Health and Environment; The Land Surveyor of the Larimer County Engineering Department; The Larimer County Engineering Department Development Review Team.  Staff summary and conclusions are that the proposed plat amendment of a portion of Lot 2, Block 3, Ballard Place to reconfigure lot lines on two contiguous lots will not adversely affect any neighboring properties or any County agency.  The Amended Plat 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 Team recommendation is for approval of File #04-S2372, the Amended Plat of a portion of Lot 2, Block 3, Ballard Place subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:  1.  All conditions shall be met and the Final Plat be recorded by July 24, 2005 or this approval shall be null and void.  2.  Prior to the recordation of the Final Plat the applicant shall make the technical corrections requested by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

5.  HIGHLAND PLACE TRACT 7 AMENDED PLAT; 04-S2285:  This is a request to amend the plat of a portion of Highland Place Tract 7 in order to reconfigure the common lot line between two lots and clarify legal boundaries.  Highland Place Subdivision Tract 7 was platted on October 5, 1909 and recorded at Book 2, Page 34.  Over time, portions of Tract 7 were deeded, some transactions taking place before 1972, and some taking place after 1972.  The exact legal boundaries of the subject lots are now in question.  Following the resolution of legal actions, this request will amend Highland Place Tract 7 in order to clarify legal boundaries and bring the plats into compliance with current standards.  No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; The Land Surveyor of the Larimer County Engineering Department; The Larimer County Engineering Department Development Review.  Staff summary and conclusion is that the proposed Amended Plat of Highland Place Tract 7 will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code.  Staff recommendation is for approval of File #04-S2285, the Amended Plat of Highland Place Tract 7 subject to the following condition and authorization for the chairman to sign the plat when the condition is met and the plat is presented for signature: 1. The Final Plat shall be recorded by June 24, 2005 or this approval shall be null and void.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve items 2-5 of the Consent Agenda as presented and outlined above.

 

Motion carried 2-0.

 

1.  SOMERVELL PRELIMINARY RURAL LAND PLAN; 04-S2127:  The proposal for the Somervell Preliminary Rural Land Plan is to divide 70 +/- acres into three (3) lots in the following manner:  Two (2) single-family residential lots and one (1) Residual Lot (private open space) with a residence.  The two residential lots will be 12 and 5 acres in size and the Residual Lot will be 53 acres in size, containing a 3-acre building envelope for the residence and/or out-buildings, leaving about 50 acres or 71% as private open space.  The Residual Lot will be protected from further development by either a covenant or deed restriction for a minimum of 40 years, as required under the RLUP.  The residual land parcel will remain as dry grazing land and forest.  The property is located in Section 23, Township 8 North, Range 71 West.  It is generally located 8 miles west of Bellvue on County Road 52E and ½ mile up Stratton Park Road.  The property consists of dry pasture land and forests.  The land could be divided into two (2) 35-acre parcels without County input.  The property is zoned O-Open.  Under the property’s current O-Open (1 home site per 10 acres) zoning, up to 7 homes could potentially be built if brought through the County's Conservation Development (CD) process if adequate public facilities are provided. 

 

One residence already exists—the home of Willis and Mary Somervell—and it will be located within the 3-acre building on the proposed Residual Lot A.  The new residential lots are close to existing roads and sheltered within the forested area at the south part of the property to minimize visibility.  Because locating houses within a forested area increases wildfire hazards, thinning of the forests on the two residential lots will be required to be completed before the sale of lots.  Building envelopes will be required for each residential lot; the envelopes will be generally located in the northern portions of the lots where the disturbance to the existing forest would be minimized in accordance with recommendations from the Environmental Planner, Mr. Porter Ingrum.  A forestry management plan will address prescriptions and implementation strategies for reducing wildfire hazards on residential Lots 1 and 2.  The residential lots will be roughly 5 and 12 acres in size.  Water to these lots will be provided by on-lot wells, and each lot will have individual septic systems.  The applicant is proposing appropriate architectural guidelines for this project to mitigate the visual impact of the proposed new residences and associated structures.  The surrounding properties consist of the Stratton Park Estates to the northwest which includes 23 lots on approximately 621 acres (with an average density on one residence per 27 acres), with lot sizes ranging from 10 to 70 acres in size.     

There is significant development pressure in this area for 35-acre parcels and smaller residential lots, if available.  This pressure is caused by general growth along the Front Range, as well as by pressure specifically associated with growth in Fort Collins; and attractiveness of “close-in” foothills property.  The proposed density of the Somervell Rural Land Use project, one unit per 23 acres, appears to be compatible with the neighborhood.  The undeveloped portion of the residual land, approximately 50 acres and comprising roughly 71% of the property, will be protected from further development for a minimum of 40 years, as required by the RLUP.  A management/use plan will be required to address hazardous fuel buildup, grazing, and invasive weeds on Residual Lot A.  The owners of the residual land parcels will be responsible for maintaining the residual land and for providing a periodic monitoring report(s) to the County.   A road maintenance agreement will include provisions for access road maintenance.  Lots 1 and 2 and Residual Lot A will be party to this agreement.

Comments were solicited from the following agencies:  Larimer County Engineering Department, Health Department, Larimer County Planning, Rural Land Use Advisory Board, and Rist Canyon Volunteer Fire Department.  Because of the way the Administrative Process works, the Rural Land Use Advisory Board will not make an official recommendation regarding this project.  The neighboring property owners were notified of the project by mail and have been given an opportunity for comment either by written correspondence or this public hearing.   

This project is based on Section 5.8—Rural Land Use Process of the Larimer County Land Use Code.  Section 5.8.5.D (Administrative Process) was used to determine the maximum number of building lots, referrals sent, and hearings held.  The development will comply with Section 5.11—Street and Road Naming, Section 8.8—Irrigation facilities and Section 8.10—Management/Use Plans.   The referral agencies have responded and applicable fees will be collected to meet the requirements in Section 9.0—Land Dedications, Fees-in-Lieu of Dedications, Facility Fees and Capital Expansion Fees.  The fees that will be collected on this project are park fees, school fees, and Transportation Capital Expansion fees.  Other fees that will be collected are Rural Land Use Process fees in effect at the time of building permit issuance.

The Wildfire Safety Coordinator has requested that a dry hydrant should be installed within the pond on Residual Lot A, since water supply is limited in the area for fire suppression.  However, this pond is intermittent with an unreliable water source and there is no road access to this pond, so installation of the dry hydrant will not be a requirement of this project.

There were five responses from the technical referral agencies.  The main concerns are addressed below.  All of the responses are included in this Staff Report.

Larimer County Engineering Department: 

Global Engineering Issues:

1.   Drainage paths and basins for historic flows must be identified and preserved.  Effective drainage paths for new development must be provided.  All building envelopes must be sited so that they do not interfere with existing drainage patterns.

2.   Do the applicants have the legal ability to use Stratton Park Road for their new lots?

Fees:

1.   Per Section 9.5 of the LCLUC, Engineering Staff would like to notify the applicant that Transportation Capital Expansion Fees will be required at the time of building permit issuance in accordance with duly enacted transportation capital expansion fee regulations then in effect.

 

Larimer County Health and Environment:  The Department has reviewed the proposal noted above and has the following comments.

Water.  Water is proposed to be supplied by individual wells.  State statutes provide for the issuance of restricted well permits for lots in Rural Land Use developments. Those permits must be obtained from the Colorado Division of Water Resources prior to obtaining building permits. Water quality and quantity issues are important for new lot owners to consider.  Water wells in this type of geology are known to show wide variations in the amount of water they produce.  While some wells can pump tremendous amounts of water, other very deep wells are insufficient for residential use without large storage tanks.   Once the wells have been developed, owners would be advised to perform water quality testing in addition to the yield tests normally performed.  We recommend testing for coliform bacteria and nitrates.

Sewer.  Sewer is to be provided by individual septic systems.  A preliminary indication of the suitably of the building sites for these systems can by obtained by reviewing the County soil survey.  The principle soil group in the area of the two new lots is the Elbeth-Moen loam.  This soil is derived from material weathered from granite.  It is classified as constrained for conventional type sewer systems due to slope and bedrock.  During a site visit, it was apparent that there are areas where the slope was moderate and could accommodate septic systems. Our office has considerable experience dealing with septic systems in this type of geology.  It is estimated that the most likely type of sewer system will include a septic tank followed by an engineer designed over-excavated absorption field.  The purpose of the over-excavation is to rework the decomposed granite to create a better matrix for effluent filtration.  In some cases the shallow bedrock will probably not be adequately decomposed, and other engineer designs such as mounding or sand filer beds would be required.  Because of the variability in soil and bedrock conditions, it is important to provide adequate lot area so that future owners have several options when performing soil testing and siting these systems.  With the Rural Land Use process density proposed, it is recommended that the individual lots be at least 5.0 acres in size.

 Access.  The access roads to this project are quite narrow in places.  The issue of access contains an important public health component because of the need to ensure emergency ingress and egress.  For this reason, it has been our recommendation that improvement to the appropriate road standards should be part of any land division approved by the County.  In cases where improvement is not feasible, it is our view that a 35-acre development pattern is more appropriate.  Given this need, our office would defer to the Engineering Department regarding the specific design standards for the roadway. 

Rural Area Issues.  The area surrounding this proposal is rural in nature and future occupants should be aware of some unique issues that may be encountered.  Examples include lack of mosquito control, potential conflicts with wildlife and adjacent agricultural operations.  It is recommended that disclosure affidavits be prepared to inform potential owners about these types of issues. 

Horse Pasture Management.  The zoning for this area allows for horses and other livestock.  If livestock is to be kept, the owners should be aware that it has been our experience that lots of this size must be managed very carefully in order to maintain grass cover in the pasture.  Overgrazing produces lots with bare ground and scattered weeds.  Erosion and polluted runoff results from such a situation, and affect the lot owner, neighbors and the environment.  The Larimer County Cooperative Extension Service has extensive information about pasture management.  It is recommended that lot owners contact that office if they intend to keep livestock.

Larimer County Planning—Environmental Planner: 

1.   This site is generally located eight miles west of Bellvue on County Road 52E and ½ mile west up Stratton Park Road.  1999 aerial photos of this site indicate that the southern portion of the property, where the two residential lots are proposed, is heavily forested.  The central portion of the site is used for grazing purposes and also contains a stock pond.  The northern portion of the property, where the residual lot is proposed, contains the existing residence and is characterized by steep slopes and scattered trees.  The heavily forested southern portion of the site is part of a contiguous forested area located to the west and east of this site.  This area may serve as an important wildlife corridor and staff is concerned that placing houses in the center of the proposed lots could be disruptive to the existing wildife and wildlife that may be traveling through the area.  Staff would encourage the applicant to place the building envelopes near the northern portion of the proposed lots where the disturbance to the existing forest would be minimized.  It should be noted that the Colorado Division of Wildlife, which serves as a referral agency for RLUP’s, has not yet commented on this proposal and may provide additional comments concerning wildlife and this RLUP. 

Recommendation:  The building envelopes for the two proposed lots should be located in the northern portion of the lots to minimize disturbance to the existing forest.

Larimer County Wildfire Safety: Somervell Preliminary Rural Land Plan submittal was reviewed to evaluate the property and proposed development for wildfire hazards.  Evaluating the wildfire hazards includes assessing vegetation, topography, access, construction materials, the creation of defensible space, water supply, and overall development layout.  The current hazards on the property range from moderate—grass and isolated brush and shrubs; to severe —forested areas where the additional lots are proposed.  It is recommended that management plan for the entire proposed development is created by a range management specialist / profession forester.  This plan should include objectives, current conditions, future desired conditions and options to reduce the wildfire hazards.  Additionally this plan should prioritize treatment areas and establish time frames for implementation of the plan and identify funding sources to assure implementation.  As a condition of approval a management plan, including an implementation strategy be reviewed and approved by Tony Simons, the Wildfire Safety Specialist or Colorado State Forest Service prior to final project approval. Due to severe wildfire hazard in the areas where the new lots are proposed it is recommended that as a condition of approval that forest management plan prescriptions be implemented on the entire 17 acres prior to the sale of the lots.  New homes constructed will be required to meet Wildfire Hazard Mitigation Requirements -- Chapter 36 of the amended 2003 IRC.  It is suggested that all new homes constructed utilize heavy timber construction or stucco construction with a Class A roofing material to provide additional protection from a wildfire. 

One primary ingress/egress routes currently exist throughout proposed development.  It is recommended that an additional means of ingress and egress be developed. If this cannot be accomplished the existing road should be brought up to appendix G standards.  Water supply is limited in the area and is essential not only for suppression of wildfires but also for structure fires.  It is recommended that the structures be constructed with an interior sprinkler system.  Additionally, a dry hydrant should be installed within the pond on residual lot A.  This dry hydrant shall be constructed with fittings compatible with Rist Canyon Fire Department. 

Larimer County Parks and Open Lands:   Larimer County Parks and Open Lands has reviewed this application and have no comments at this time.

·  Fees for regional parks are assessed on all new residential developments in Larimer County.

·  The fee amount depends on the type of structure being built (see fee schedule below).

·  Park fees are collected by the building department at the time of building permit issuance.

·  Please note, fee amounts may vary over time.  The building department will collect the park fee that is in effect on the date the building permit is issued.

 

Staff findings are that this proposal is consistent with the policies of Section 5.8—Rural Land Use Process of the Larimer County Land Use Code:

Support for the Somervell Preliminary Rural Land Plan is based on the following:  1. The applicant’s planning and design rationale for the project, which is consistent with the RLUP.  2.  Conservation values of the residual land, including preservation of grazing land, open space and wildlife habitat.  3.  The plan is generally compatible with the existing neighboring land uses.  Support for this proposed plan takes into consideration the various other land development and design options, particularly the 35-acre alternative, for which there is no County review.  The greater number of residential units possible under the zoning and the general development pressure within the immediate area for use-by-right 35-acre division of land supports our belief that this is an appropriate project.

As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County.  Those benefits are summarized below:

·  Protection of residual land for at least 40 years.

·  Transportation capital expansion fees received from the project.

·  School and park fees received from the project.

·  Fewer residences than likely allowed through subdivision process.

·  Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels.

 

The Rural Land Use Director recommends that the Board of County Commissioners approve the Somervell Rural Land Plan.  The following contingencies must be met prior to approval of final plat by the Board of County Commissioners:

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Somervell Rural Land Plan (File # 04-S2371) 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 Somervell Rural Land Plan.

2.   All roads constructed within the Rural Land Plan shall be in accordance with Section 5.8.6.D of the Rural Land Use Process.  All designs must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified before final approval.  Internal roads may be contained in a private access and utility easement.  Road names and addressing shall meet standards in Section 5.11 of the Larimer County Land Use Code. 

3.   The applicant must demonstrate through competent legal evidence that access exists via existing private roads for the new proposed use of the property.  This evidence must be reviewed and approved by the County Attorney prior to final plat approval.

4.   Building envelopes shall be placed on each residential lot and will be generally located within the northern portions of the residential lot.  All building envelopes shall be located outside the drainage areas and shall meet minimum setback requirements listed in the Larimer County Land Use Code. 

5.   Residential Lots 1 and 2 shall contain a minimum of 5 acres to allow options for septic system placement and separation distance from wells.  Residual Lot A shall include a building envelope for all structures and septic system(s).  The septic system(s) must be located within the building envelope unless the Health Department approves otherwise.   

6.   A fire protection plan must be submitted and approved by the Rural Land Use Center Director and the Larimer County Emergency Management office before final approval.  OR Automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district.

7.   The residual land protective covenant and use plan must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval.  The Use Plan must be created by a range management specialist/professional forester.  This plan should include objectives, current conditions, future desired conditions and options to reduce the wildfire hazards on Residual Lot A.  This plan must prioritize treatment areas and establish time frames for implementation of the plan and identify funding sources to assure implementation. This forest/range management plan, including an implementation strategy must be reviewed and approved by the Wildfire Safety Specialist and/or Colorado State Forest Service and RLUC Director prior to final project approval.   

8.   A Forest Management Plan (thinning plan) for residential Lots 1 and 2 must be created by a range management specialist/professional forester and reviewed and approved by the Wildfire Safety Specialist and/or Colorado State Forest Service and RLUC Director prior to final project approval.  This plan should include objectives, current conditions, future desired conditions and options to reduce the wildfire hazards. Additionally this plan must prioritize treatment areas and establish time frames for implementation of the plan and identify funding sources to assure implementation.  The prescriptions (thinning) for Lots 1 and 2 shall be implemented prior to the sale of Lots 1 and 2. 

9.   Restrictive covenants, if any, and provisions for internal road maintenance, must be reviewed and approved by the Rural Land Use Center Director prior to final plat.

10.   The final Development Agreement must be reviewed and approved by the Rural Land Use Center Director and the County Attorney prior to final plat approval.

11.   A Lot Sale Prohibition shall be placed on this property preventing the sale of any new lots until the applicable improvements (i.e. Forest Management Plan (thinning plan) prescriptions, legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed.  The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots.  Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for the particular lot(s) for which the improvements have been completed. 

12.   The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase:

a)   LOT SALE PROHIBITION.  Developers will execute a Lot Sale Prohibition Agreement which stipulates that Lots 1 and 2 cannot be sold, transferred or conveyed unless and until Developers provide to County a written designation stating that all the applicable improvements (i.e. Forest Management Plan (thinning plan) prescriptions, legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed.  The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots.  Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for particular lot(s) for which the improvements have been completed. 

b)   Depending on the fire protection plan, this note may need to be added:  The construction of any single-family residence in this development will require the installation of residential fire sprinklers if fire hydrants and/or a public water supply are not present to provide fire protection unless written permission for variance from this requirement from the fire district is received.

c)    Passive radon mitigation measures shall be included in construction of structures designed for habitable space on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

d)   Some or all lots in this development include building envelopes.  All structures must be located within these Larimer County approved building envelopes, as shown on the approved subdivision plat.  If a structure is within 5’ of the building envelope, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope prior to the approval of the footing and foundation inspection.  This shall be accomplished by a written certification by a Colorado Licensed Surveyor.

e)   Engineered footings and foundations may be required for new habitable construction. Please check with the Larimer County Building Department for requirements prior to submitting a building permit application.

f)   Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes).  The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise.

g)   No feeding of any wildlife.  Any food placed for wildlife will eventually attract the Black Bears traveling through the area.  Once a bear finds food around homes and trailers, they become habituated to humans, often causing damage to property in their search for food.  The State of Colorado is not liable for damages to non-agricultural property.  Homeowners insurance is strongly advised.

h)   Keep trash and garbage removed from site.  Bear proof containers are commercially available and they work.  Garbage and trash can be as attractive to bears as placing out food for wildlife.

i)   It is strongly recommended that trailers and motor homes not be left on site unattended.  These items may be destroyed by bears if left unattended.  This is particularly important during the months of July to September, when the bears are most active in their search for food.

j)   Many other species of wildlife live in the area; some can be dangerous to humans and pets.  It must be remembered that landowners will be living with wildlife.  Species that may be found in the area are coyotes, mountain lions, bobcats, skunks, badgers, raccoons, deer, elk, hawks, owls and eagles.

k)   Pets must be contained on property, either by leash or enclosure.

l)   During certain times of the year mosquitoes may present a significant nuisance.  Larimer County does not have a mosquito abatement program.  Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations.

m)   Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property.  At times these animals are implicated in the transmission of plague to people or their pets.  It is important for residents to observe animal control requirements for dogs and cats.

n)   Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust.  These are a normal part of agriculture and should be expected to occur.  In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime.

o)   If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture.  Overgrazing will produce bare ground, weeds, erosion and polluted runoff.  Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding.

p)   Larimer County has adopted a Right to Farm Resolution.

q)   The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre R-1 school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), and Rural Land Use Process fees.  The fee amount that is current at time of building permit application shall apply.

r)   Larimer County shall not maintain roads or streets in this development.  Maintenance of the streets shall be the responsibility of the property owners.  Failure to maintain streets may result in a lien being placed on these lots.

s)   At time of real estate closing, owner shall provide purchasers of residential lots and residual lands with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County.

t)   The owners of the residual land parcel shall be responsible for providing a periodic monitoring report for the residual land to Larimer County Rural Land Use Center.

u)   Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement.  The Developer and Larimer County executed this agreement in consideration of the approval of this Development.  This Agreement was recorded in the Larimer County Clerk’s and Recorder’s office immediately after this plat.  All purchasers should obtain and read the Development Agreement.

 

Mr. Reidhead gave a brief description of the Rural Land Use Process and then outlined the project as described above and presented photos of the project and surrounding area.  Mr. Reidhead noted that the lot owners will participate in the Road Association and will provide maintenance for the roads, and will present a management plan for the residual land. Mr. Reidhead then introduced the applicant, Bill Somervell.  Mr. Somervell explained that the property has been in their family since 1972, and now that his parents are looking to moving closer to town, Mr. Somervell wishes to utilize the Rural Land Use Process so that he can develop the land while still maintaining its heritage.  Mr. Somervell invited the surrounding neighbors to come and talk with him about any issues they might have with the proposed development.  Chair Rennels opened up the hearing for public comment.  Bill White addressed the Board stating that in his opinion dissemination of the information to the public regarding this proposal was inadequate.  Mr. White stated that the neighbors should have to opportunity to discuss this proposal with the applicant and he requested a continuance of this item in order to give the community time to do so.  Chair Rennels questioned how far Mr. White lives from the proposed development and Mr. White replied that he lives about a half a mile away.  Commissioner Wagner asked Mr. White what he felt the biggest impact would be to his property regarding this proposal, and Mr. White stated that the water would be an issue, both in terms of usage and possible negative effects to the water table itself; he also noted concern with increased traffic and road usage.  Mr. Frank Desuza addressed the Board with similar concerns and stressed the importance of the water supply in this area and questioned the septic requirements.  Chair Rennels asked if Mr. Desuza received notice of the meeting and he replied in the affirmative; however, stated that most people work at 3:00 p.m. in the afternoon and therefore could not attend this hearing.  Dr. Paul F. Doherty stated that he would rather see the property split into two 35-acre parcels as there would only be two homes and two wells, rather than three homes and three wells.  Mr. Jeff Wolf addressed the Board with questions regarding the wells, thinning of the trees, lot restrictions, management plan for the open space, and the zoning of the property. 

 

Chair Rennels then closed public comment and Mr. Somervell addressed the Board and the audience stating that there has to be a balance as the private property owners right to develop his land, versus the surrounding neighborhoods needs and desires.  Mr. Somervell explained that communication is vitally important and again invited any of the neighbors to come and visit with him regarding this proposal. 

 

Mr. Ryan gave some technical background regarding the septic and sewer systems and the Health Department's recommendations and requirements regarding these items.  Mr. Ryan noted that there will be three wells, but that the yield of the wells will be restricted and divided equally between the three homes.  Commissioner Wagner asked if there were existing problems with the wells in this area.  Mr. Ryan stated that he did not know of any existing problems; however, he mentioned that, particularly in the mountainous areas, some wells can be tremendous producers and others are not.  Chair Rennels noted that Mr. Somervell has the ability to create two 35 acre parcels without restrictions or involvement from the County; she explained that with the Rural Land Use Process, the County does have some say as to placement of the home sites, management of open space, road maintenance plans, etc.  Commissioner Wagner stated that had the Board known there would be this level of public interest, it would have been scheduled for a night hearing; however, she wanted the public to be aware that there are many other means of communication and welcomed e-mail, regular mail, and phone calls.   Commissioner Wagner noted that the application does meet the Rural Land Use Plan criteria and therefore, she supports the application.   Chair Rennels also noted that this will constitute preliminary approval and she encouraged the surrounding neighbors to meet with the applicant regarding this proposal as it continues to move through the process.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the Somervell Preliminary Rural Land Plan, File #04-S2371, as recommended by the Rural Land Use Center Director and outlined above.

 

Motion carried 2-0.

 

6.  SHULTZ ZONING VIOLATION; 04-ZV0205:  Mr. Helmick noted that Ms. Delude is working with the applicant on this zoning violation and has requested the Board table this item until March 14, 2005, at 3:00 p.m.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners table the Shultz Zoning Violation, File #04-ZV0205, until March 14, 2005, at 3:00 p.m.

 

Motion carried 2-0.

 

The meeting adjourned at 4:00 p.m.

 

 

TUESDAY, JANUARY 25, 2005

 

ADMINISTRATIVE MATTERS

(#7)

 

The Board of County Commissioners met at 9:30 a.m. with Assistant County Manager Neil Gluckman.  Chair Rennels presided and Commissioner Wagner was present.  Also present were: Frank Lancaster, Donna Hart, and Deni LaRue, Commissioner’s Office; Ginny Riley, Glen Rathgeber, Laura Sartor, and Tammy Olivas, Human Services; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   No one addressed the Board for public comment.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 17, 2005

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the Minutes for the week of January 17, 2005, as amended.

 

Motion carried 2-0. 

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 31, 2005Ms. Hart reviewed the upcoming schedule with the Board.

 

4.   CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for January 25, 2005:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following petitions for abatement are approved:   Citicapital Technology; Magnolia Home Center; Walter D. Boettger Trust; First National Bank Leasing/Alumbre Tech (2); and Rolland R. McMahan (2).

 

01252005A001           FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR TEAL CREEK PLANNED UNIT DEVELOPMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND K & M COMPANY, LLLP

 

01252005A002           SECOND ADDENDUM TO DEVELOPMENT AGREEMENT FOR THE FARM AT BLUE MOUNTAIN MEADOW BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, CENTENNIAL BANK OF THE WEST AND BLUE MOUNTAIN HOLDINGS, LLC

 

01252005A003           WARRANTY MEMORANDUM FOR HARVEY ROLLING HILLS PLANNED LAND DIVISION 00-S1547, BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE MARY C. HARVEY TRUST

 

01252005A004           CONSULTING SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WILLIAM F. SCHMOLL

 

01252005A005           CONVEYANCE OF PERMANENT DRAINAGE EASEMENT TO LARIMER BY SHEPELLA HOMES, LLC

 

01252005R001           FINDINGS AND RESOLUTION APPROVING THE OLANDER FARMS CONSERVATION DEVELOPMENT

 

01252005R002           FINDINGS AND RESOLUTION APPROVING THE COLORADO CAR CLINIC APPEAL

 

01252005R003           RESOLUTION REGARDING THE RELEASE ON SALE OF LOT FOR MOUNTAIN RIVER RANCH ESTATES DEVELOPMENT

 

01252005R004           FINDINGS AND RESOLUTION APPROVING THE WILD PRELIMINARY RURAL LAND PLAN

 

01252005R005           RESOLUTION FOR THE DISSOLUTION OF LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 1994-1 (COLONY RIDGE)

 

01252005R006           RESOLUTION FOR THE DISSOLUTION OF LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 1988-3 (COOPER SLOUGH)

 

01252005R007           RESOLUTION REGARDING EXTENSION OF APPROVAL FOR MAXWELL MINOR RESIDENTIAL DEVELOPMENT TRACTS A AND B AMENDED PLAT

 

MISCELLANEOUS DOCUMENTS:   Department of Human Services Payment for December 2004; Community Services Block Grant (CSBG) Annual Work plan.

 

LIQUOR LICENSES:  The following license was approved and issued:  St. Louis Liquors - Retail Liquor Store - Loveland.

Motion carried 2-0.

 

5.  ADOPTION OF THE AFFORDABLE, APPROPRIATE CHILD CARE POLICY:   Ms. Riley explained that the County is required to maintain an individualized plan surrounding welfare reform programs, which is reviewed by the State, and periodically updated as legislation dictates.  Ms. Riley noted that clients in the program are required to participate in a certain number of work preparation activities, unless they are unable to find affordable or accessible child care; she explained that the State has asked all the counties to develop a local policy defining what affordable and accessible child care is.   Ms. Riley noted that staff from both the Department of Human Services and the Workforce Center has worked on the policy which is being presented to the Board today for approval. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve adoption of the Larimer County Works Policy as part of our required State Plan and allow the Department of Human Services to implement this policy.

 

Motion carried 2-0.

 

6.  INCREASE REIMBURSEMENT RATES TO LICENSED AND NON-LICENSED CHILD CARE PROVIDERS PARTICIPATING IN THE LARIMER COUNTY CHILD CARE ASSISTANCE PROGRAM (CCAP):  Ms. Riley stated that this proposal relates to the rate of pay for participating child care providers in the CCAP program; however, in the presentation the requested effective date was listed as February 1, 2005, but due to timing issues, she requested this be changed to March 1, 2005.  Mr. Rathgeber requested approval to increase the provider rates paid to childcare providers; he noted that Federal regulations require that provider rates are set in order to be comparable to the childcare rates of someone who is paying privately.  He noted that the childcare assistance provided by the County is for people receiving Temporary Assistance for Needy Families, people in low-income situations, and for teen parents.  Mr. Rathgeber stated that the County pays a portion of the childcare assistance and the participant is also required to pay a portion of the costs.  Ms. Sartor noted that every two years the State conducts a study and compares CCAP rates in all the counties across the State and all must be as close to the market rates as possible; she noted that Larimer County is way below the market rates and she is concerned that this may cause a situation where there are not enough participating CCAP providers.  Ms. Sartor noted that the proposal is to roll registration fees, activity fees and transportation fees now paid separately to licensed child care centers, into the daily rates paid to them by CCAP, and this will help in reaching the mandated 75th percentile of the market value.   Mr. Rathgeber noted that the cost to increase the fees will total $222,162 for the period of March through December 2005.  Commissioner Wagner questioned how the participating child care centers are determined.   Ms. Sartor stated that it is up to the center to determine if they will participate or not; and noted that an increase in the rates will hopefully attract more providers for their clients.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the proposed rate structure, increasing reimbursement rates for Low-Income Families, Child Care Providers, Early Childhood Council and Employers.

 

Motion carried 2-0.

 

7.  REQUEST THAT THE BOARD SET THE APPLICATION FEE FOR SPECIAL EVENT PERMITS ON PRIVATE PROPERTY AT $100:  Mr. Lancaster gave some history on the Special Events Permits process, noting that the Planning Department and the Board came up with this process so that property owners would not need to go through the Special Review process, which is lengthy and expensive, to hold events on their property.   Mr. Lancaster requested the Board set the application fee for the Special Event Permit at $100 to be consistent with the road race special events permit fees that were recently adopted by the Board.  Commissioner Wagner asked if the fee is to cover the cost of staff time to review the application.  Mr. Lancaster replied in the affirmative. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve adopting a fee of $100 for a special event application as described in the Larimer County Land Use Code.

 

Motion carried 2-0.

 

8.  WORKSESSION:  Mr. Gluckman explained that the committee hosting the Cinco De Mayo Celebration on behalf of the Hispanic Community has requested $1000 from the Board in order to support the planned celebration in May.  Mr. Gluckman noted that the Board has supported this activity in the past and he requested approval on the expenditure of $1000 from the Special Project Fund.

 

Commissioner Wagner suggested that Mr. Gluckman list this as an item on the Consent Agenda for next week, as she is somewhat opposed to approving items that were not published as part of the agenda, especially if time permits.  Mr. Gluckman agreed and will present this next week as a published item on the agenda.

 

Ms. Hart requested Board approval to purchase tickets in order to host the annual employee Elitch Gardens Day event.  She noted that although this item was not listed as part of today's agenda, time is of the essence and in order to purchase the passes at last year's rate, an answer must be provided to Elitch Gardens by close of business today.   The Board agreed to support this request in favor of the employees.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners authorize the expenditure of $2500 from the Special Projects Fund in support of the Annual Employee Picnic at Elitch Gardens Six Flags.

 

Motion carried 2-0.

 

9.  COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week.

 

12.  LEGAL MATTERS:   There were no legal matters to discuss.    

 

There being no further business, the meeting recessed at 10:10 a.m.

 

 

                                                                        __________________________________________

                                    KATHAY RENNELS, CHAIR

                                                            BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST

 

 

___________________________________

Gael M. Cookman, Deputy Clerk