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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, FEBRUARY 21, 2005

 

The County Offices were closed this day in observance of President's Day.

 

TUESDAY, FEBRUARY 22, 2005

 

ADMINISTRATIVE MATTERS

(#16)

 

The Board of County Commissioners met at 9:30 a.m. with County Manager Frank Lancaster.  Chair Rennels presided and Commissioners Wagner and Gibson were present.  Also present were: Neil Gluckman, Donna Hart, Melinda Keen, and Deni LaRue, Commissioner’s Office; Susan Zeller, Food Driver Coordinator; Chuck Gill, Assistant Executive Director of the Food Bank; Wynette Cerciello, and Amanda Oliver, Human Resources Department; Russ Legg, Planning Department; and Gael Cookman, Deputy Clerk.

 

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

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 14, 2005

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of February 14, 2005, as corrected.

 

Motion carried 3-0.

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 28, 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 February 22, 2005: 

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following petitions for abatement are approved:   Indl Car Wash; Metabolic Research Center of Fort Collins, Inc; Photo Image Center; Star Woodworks; Richard & Judith Hughes; George Dunwoody; Kay Horvath; Blackjack Pizza, Inc; Rovert & Michelle Kouns; Howard Dimmick; Frank & Birthie Sortais; Paul & Gail Bonomo; Masami & Dorothy Sakurada; Nancy Sanders & Charles Grob; Donald & Virginia Larson; Manual Lujan; Donald & Joyce Prudum; Deborah Lynn Monette; Jason Marks.

 

02222005A001           DEVELOPMENT AGREEMENT FOR TWO LAKES SUBDIVISION, FILE #02-S1932, BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TIMOTHY C. MARTIN AND P. CAROL JONES

 

02222005A002           THIRD AMENDMENT TO CLAIMS SERVICING AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TRISTAR RISK MANAGEMENT

 

02222005R001           FINDINGS AND RESOLUTION APPROVING THE RAMBLING RIVER FINAL CONDOMINIUM MAP FOR UNITS 3, 4, 5, AND 6

 

02222005R002           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE SECTIONS 4, 5, 8, 9, 12, AND 21

 

02222005R003           RESOLUTION RELEASING LOT SALE PROHIBITION ON LOTS 8 AND 9 OF THE DOUGLAS FARM EXEMPTION

 

02222005R004           RESOLUTION SETTING ADMINISTRATIVE FEE FOR INMATES ON GLOBAL POSITION SATELLITE TRACKING

 

02222005R005           FINDINGS AND RESOLUTION APPROVING THE CHANGE OF NAME OF THE TARUM MINOR LAND DIVISION, FILE #04-S2315, RECORDED IN THE LARIMER COUNTY RECORDS AT RECEPTION No. 2004-0116490, TO TARUM 2ND MINOR LAND DIVISION

 

MISCELLANEOUS DOCUMENTS:   Final Plat Two Lakes Subdivision.

 

Motion carried 3-0.

 

5.  FOOD DRIVE TROPHY PRESENTATION:  Mr. Gill presented the Food Drive Trophy to the Board noting that this was the 19th year of competition between Larimer County and the City of Fort Collins (and now the City of Loveland), and that Larimer County has won the award 12 out of the 19 years.  Mr. Gill stated that through the combined efforts, $22,000 was raised, and 6,500 pounds of food was collected.  Mr. Gill, and the Board, thanked Ms. Zeller for her efforts as the Food Drive Coordinator.

 

 

6.  HUMAN RESOURCES RECOMMENDATION TO THE BOARD CONCERNING PREVIOUS REQUEST FOR A WAIVER OF COMPENSATION POLICY 331.5C :  Ms. Cerciello stated that she was following up regarding the request made by Lt. Sullivan for a waiver of policy.  Ms. Cerciello explained that the Human Resources Department has performed a thorough evaluation of their compensation policy and how it is administered; she noted they specifically looked at five major areas as follows: where employees are placed into the pay scale upon initial hire; promotional increases, market based pay plan; seniority based pay, and overtime compensation.  Ms. Cerciello stated that Larimer County is aligned with other organizations in all areas, and noted that Larimer County was actually more generous in the area of promotional increases.  Ms. Cerciello stated that she believes the policy is sound, it is defensible, it is competitive, and should remain as is; therefore, she asked the Board to decline Lt. Sullivan's request.  Chair Rennels asked Ms. Cerciello to explain the difference in longevity between Lt. Sullivan and those he was comparing himself to.  Ms. Cerciello noted that Lt. Sullivan, who has been employed with the county for 5 years, was comparing himself to two other Lieutenants, one that has been employed with the county for 25 years, and another that has been employed with the county for 16 years.  Ms. Cerciello noted that because Larimer County utilizes a seniority based pay plan, the other two Lieutenants would be paid more due to their length of service.  Commissioner Wagner stated she appreciates the fact that Lt. Sullivan has many years of previous law enforcement experience; however, she understands and agrees with the basis for raises and the seniority policy, and feels certain that he was aware of this upon his hire.  Commissioner Wagner stated that she hopes Lt. Sullivan chooses to remain with the Sheriff's Department, and continue to appreciate the benefits in working for Larimer County.  Commissioner Gibson stated the fact that the Sheriff has not adopted the County policies and questioned how this affects the situation.  Ms. Cerciello noted that the Sheriff has not adopted the personnel policies; however, he has always followed the compensation policy. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners deny Lt. Sullivan's request for waiver of the Compensation Policy 331.5C.

 

Motion carried 3-0.

 

7.   APPROVAL OF SIGN CODE FINDINGS AND RESOLUTION:  Mr. Legg presented the Findings and Resolution for the Board to adopt the Sign Code.  Mr. Legg stated that per Commissioner Gibson's request, he looked at the provisions of the state statutes regarding campaign signs; he found that it made reference to signs not being posted prior to 45 days of the election.  Mr. Legg stated that Section 10.7.A.3 has been amended to agree with this law.  In addition, he explained that the County Attorney wanted three other changes noted for the record:  1.  Add the clarifying words "road and access" prior to the word easement in  Section 10.2 B.  2.  Add the words "and Larimer County Urban Area Street Standards" to Section 10.2 C.  3.  Change the word shall to "may" in Section 10.18 B.  These changes have been made to the Findings and Resolution prepared for signature this date. Commissioner Wagner questioned if the 45 day time period, was the same for the cities of Fort Collins and Loveland, etc.  Mr. Legg stated that he believes the City of Fort Collins utilizes the 45 day requirement, but Loveland might be a bit different.  Commissioner Gibson clarified that the "shall" versus "may" makes the provision more flexible.  Mr. Legg replied in the affirmative, noting that the word "may" makes the condition more permissive and has proven to be more convenient for the applicants.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the resolution adopting amendments to the Larimer County Land Use Code to repeal Section 8.7 (Signs), add Section 10.0 (Signs), and add Section 9.19.1.D (Maximum Height of Flagpoles).

 

Motion carried 3-0.

 

02222005R006           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE TO REPEAL SECTION 8.7 (SIGNS), ADD SECTION 10.0 (SIGNS), AND ADD SECTION 8.19.1.D (MAXIMUM HEIGHT OF FLAGPOLES)

 

8.  APPOINTMENTS TO THE LARIMER COUNTY BOARD OF ADJUSTMENT AND THE WELD/LARIMER REVOLVING LOAN FUND: Ms. Keen noted that there was a resignation from the Board of Adjustment; therefore, the recommendation is to appoint the alternate that has served the longest, which is Larry Chisesi, whose one-year term will expire June 30, 2006.  Ms. Keen stated that Shane Houska will be filling the vacancy on the Weld/Larimer Revolving Loan Fund for a 4-year term, expiring December 31, 2008.   Chair Rennels noted that the decision was made to try and recruit a new member for the Weld/Larimer Revolving Loan Fund, since Ron Schneider has served for a period of 12 years and has done a wonderful job, but it was important to see if there were other parties interested in this position.   Chair Rennels stated that they sent letters to the banks informing them of the vacancy, and received 10 applications from very qualified individuals.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the appointments as listed above.

 

Motion carried 3-0.

 

9. LEGISLATIVE UPDATE: Mr. Gluckman updated the Board on SB 69, the posting of salaries for county employees; he noted that currently the listings are by name; however, this bill supports the listing of salaries by title.   Mr. Gluckman stated that this bill is doing very well and may be passed.  Some discussion ensued regarding the history and background of the salary publishing's and which newspapers would qualify to bid on the notice to post salaries.  Mr. Gluckman noted that HB 1153, concerning the election of Commissioners by district, is also doing well and is likely to pass.

 

Mr. Gluckman clarified that Scott Doyle, the Clerk and Recorder, has some reservations with SB 79, regarding paper ballots; he noted that Mr. Doyle supports the philosophy of the bill, but  there are details within the bill that would need to be amended before he would support the bill in its entirety.  Mr. Doyle joined the meeting and further explained the details of SB 79 noting that the provision for tallying voter verifiable receipts would be cost prohibitive to implement as it is currently written.   Mr. Doyle stated that supports the voter verifiable receipts; however, SB 79 requires that they be counted on the same machine as the absentee ballots are counted on.  This in itself will make it too costly for counties across the state.  Mr. Doyle stated that the bill seems to be an attempt to completely eliminate electronic voting, or make it fiscally impossible for counties to meet that requirement.  Commissioner Wagner asked if there are other ways to accomplish the voter verifiable receipting.  Mr. Doyle replied in the affirmative, stating that the receipts could be read on a different piece of machinery; he noted it is simply the requirement that it be read on the same piece of equipment as normal ballots, that makes it very difficult to achieve.

 

10.  WORKSESSION:  Mr. Lancaster presented the Board with an updated Organizational Chart, proposing that the Financial Services Division and the Information Management Division report directly to the Assistant County Manager.  Mr. Lancaster stated that the goal is to have the Assistant County Manager take charge of the internal services, while the County Manager will oversee the external services.  Mr. Lancaster requested these changes take effect on March 1, 2005.  The Board agreed with the new Organizational Chart and division of responsibilities.

 

11.  COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week.  Commissioner Gibson stated that he attended a tolling meeting and the determination has been made that tolling is a viable means of raising additional funds for road improvements.  Some discussion ensued regarding tolling certain roads, and whether or not this would be an issue that Board would need to be in agreement of supporting in the future.  Commissioner Gibson stated that the Board's support is not necessary at this point, as they are still in the discussion phase of this issue; he noted that he would provide a presentation to the Board if the need for collective support arises in the future.

 

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

 

There being no further business, the meeting recessed at 10:30 a.m.

 

 

LAND USE HEARING

(#16)

 

The Board of County Commissioners reconvened at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Rennels presided, and Commissioners Wagner and Gibson were present.  Also present were:  Dave Shirk, Estes Park Planner; Porter Ingrum, Matt Lafferty, Karin Madson, and Geniphyr Ponce-Pore, Planning Department; Doug Ryan, Health Department; Traci Downs, Engineering 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 noted that Commissioner Gibson had one item for the Board to approve prior to discussion of the consent items.  Commissioner Gibson explained that the Regional Council is hosting a speaker to address the towns and counties and Commissioner Glen Vaad, a Greeley Commissioner who serves on the MPO,  has asked for $500 from Larimer County to help offset the expense of this event.  

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the expenditure of $500 from the Special Projects Fund in support of the Regional Council request.

 

Motion carried 3-0.

 

Chair Rennels explained that item #1, regarding the Sweet Minor Subdivision Lots 2 and 3 Amended Plat and a Portion of Lots 11 and 12, West 1/2 of Section 6, T4N, R72W of the 6th PM, 2930 Little Valley Road, is being removed from the agenda at the applicant's request.  Chair Rennels then noted that the following items are on consent and would not be discussed unless requested by the Board, staff, or members of the audience.  Commissioner Wagner had a question regarding access points once the business is established in item #9, The Powers Minor Land Division.  Mr. Helmick replied that the access will be off of Spaulding Lane, not off of Highway 1.  Commissioner Wagner was satisfied with the clarification.

 

2.   JOHNSON-LEUTHOLD BOUNDARY LINE ADJUSTMENT:    This request is to adjust the common lot line between two existing lots.  The applicant, who owns 1660 Hummingbird Lane (the southern lot), proposes to shift the lot line to the north to create an area for an addition to the existing cabin.  This lot line adjustment would have the effect of enlarging 1660 Hummingbird from a .50-acre lot to a .62-acre lot, and decreasing 1671 Hummingbird from a 1-acre lot to a .88-acre lot.  Staff recommends approval of the requested Johnson-Leuthold Boundary Line Adjustment subject to the conditions recommended by the Planning Commission.  Planning Commissioner findings and recommendation:  On Tuesday, January 18, 2005 the Estes Valley Planning Commission found:  1.  Pursuant to C.R.S.30-28-110, sub-section 4(a), “no plat for subdivided land shall be approved by the Board of County Commissioners unless at the time of the approval of platting the subdivider provides the certification of the county treasurer’s office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid.”  2.  The site is located at 1660 and 1671 Hummingbird Lane, within unincorporated Larimer County.  3.  This is a request by Stephanie Johnson to adjust the common lot line between two existing lots.  4.  With the exception of minimum lot size, this proposal complies with applicable sections of the Estes Valley Development Code.  5.  This action includes Planning Commission approval of a minor modification for the minimum lot size of 1671 Hummingbird Lane, which has a minimum lot size of 1-acre.  6.  The minor modification advances the goals and purposes of the Estes Valley Development Code and results in less visual impact and more effective environmental or open space preservation.  7.  This request has been submitted to all applicable reviewing agency staff for consideration and comment.  No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services.  8.  Within thirty (30) days of the Board’s approval of the amended plat, the developer shall submit the final plat for recording.  If the amended plat is not submitted for recording within this thirty-day time period, the approval shall automatically lapse and be null and void.  The Planning Commission voted unanimously to recommend approval of the proposed Johnson-Leuthold Boundary Line Adjustment conditional to:  1. Reformat plat for recording (remove improvements).  2. The applicant shall file quit claim deeds abandoning any right-of-way for both properties.

 

3.  GLEN HAVEN SUBDIVISION LOTS 42A, 43A & 43B AMENDED PLAT; 05-S2390:  This is a request to amend the plat Lots 42A, 43A and 43B, Glen Haven Subdivision, to realign the boundary between three lots in order to assure all three lots direct access to Fox Creek Road.  The original platting of Glen Haven in 1913 created a subdivision that was generally a grid pattern, and created lots that, in many cases, do not fit in well with the existing topography.  Many lots are platted on steep slopes, or very near to rivers or roads.  In 1971, the Glen Haven Association successfully rezoned the area from O-Open to E1-Estate, which created both greater restrictions on allowed uses as well as reduced the minimum allowed lot size, but also increased the minimum setbacks.  The current landowner of Lots 42A and 43A, Ms. Van Horn, wishes to adjust the boundary lines between these two lots as well as Lot 43B, owned by Mr. McKinley.  Two of the lots will increase in size, but Lot 43B will decrease from 0.48 acres to 0.18 acres.  A variance, to allow this increase in a non-conforming lot size was approved o September 28, 2004 (File #04-BOA0498). The purpose of the realignment of lot lines is to assure that all three lots will have direct legal access to Fox Creek Road; currently, as platted, the both owners of lot 43 on the south and lot 42A on the north have to cut through Lot 43A in order to access Fox Creek Road.  The proposed reconfiguration of lot lines assures direct access for all lots and that no lots will be divided by the road.  The Larimer County Department of Health and Environment had no objections. The Land Surveyor of the Larimer County Engineering Department has requested technical corrections. The Larimer County Engineering Department has no objections, but requested a plat note informing homeowners of floodplain issues.  Staff recommendation is for approval of File # 05-S2390, the Amended Plat of Lots 42A, 43A and 43B, Glen Haven Subdivision, 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 of approval shall be met and the Final Plat recorded by August 22, 2005, or this approval shall be null and void. 2.  Prior to the recordation of the Final Plat, the applicant shall make all technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department. 3. Plat notes regarding floodplain issues, per Engineering in their memo dated January 24, 2005, shall be placed on the plat prior to recordation.

 

4.  PLEASANT ACRES 2ND REPLAT OF A PART OF PLEASANT ACRES 2ND SUBDIVISION, LOT 2 & 3, BLOCK 4 AMENDED PLAT; 04-S2386:  This is a request for an amended Plat of a portion of Lots 2 and 3, Block 4, Replat of a part of Pleasant Acres 2nd Subdivision to reconfigure portions of platted lots into a single lot consistent with the metes and bounds description of lots deed without platting in the past.  The subject property was configured by deed sometime after the Replat of a portion of the original subdivision was done in July 1967.  There is no evidence that the revised replat lots were recorded prior to the adoption of the first Subdivision Resolution, dated May 9, 1968.  The current property owner wishes to recognize the parcel as it currently exists, combining the portions of lots described on the deed.  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.  The Development Services Team Recommendation is for approval of the Amended Plat for Lots 2 and 3, Block 4, Replat of a Part of Pleasant Acres 2nd Subdivision, File # 04-S2386, subject to the following condition(s) and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:  1.  All conditions of approval shall be met and the Final Plat recorded by August 22, 2005 or this approval shall be null and void.  2.  Prior to the recordation of the Final Plat the applicant shall remove from the property or relocate the accessory structures on the property to meet County setback requirements and remove them from the existing utility easement.  Building permits shall be obtained if required by the Building Department.

 

5.  CRYSTAL LAKES 15TH FILING LOTS 21-23 LOT CONSOLIDATION AND EASEMENT VACATION; 04-S2380:  This request is to combine three contiguous lots in the 15th filing of the Crystal Lakes Subdivision into one lot and vacate the utility easements located along the common lot lines of Lots 21-23 15th filing. 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 Larimer County Engineering Department Development Review Team.  The proposed Lot Consolidation Lots 21-23 15th filing in Crystal Lakes Subdivision and the vacation of the utility easements 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 Recommendation is for approval of the Lot Consolidation of Lots 21-23 15th filing in the Crystal Lakes Subdivision (#04-S2380) to be known as Lot 21A of the Lot Consolidation of Lots 21-23 15th filing in the Crystal Lakes Subdivision and the vacation of the 20’ utility easements located on the common lot lines of Lots 21-23 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 August 22, 2005 or this approval shall be null and void.

 

6.  SLOTA EXEMPTION LOT 1 AMENDED PLAT AND RIGHT-OF-WAY VACATION; 05-S2389:  This is a request for an Amended Plat to vacate a portion of road right-of-way and rededicate it to Lot 1 to resolve an access issue between two neighboring property owners.  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.  The proposed plat amendment of the Amended plat of Lot 1, Amended Slota Exemption, to vacate a portion of Parcel C, shown as road Right-of-Way, and dedicate a new access easement to Lot 1 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 #05-S2389, the Amended Plat of Lot 1, Amended Slota Exemption and dedication of a new access easement, 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 August 22, 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. 3. The granting of the access easement to Lot 1, Amended Slota Exemption shall occur at the same time as recordation of this amended plat.  

 

7.  CEDAR PARK SUBDIVISION 5TH FILING LOTS 20 AND 21 AMENDED PLAT; 04-S2379:  This is a request to amend the plat of Lots 20 and 21 in Cedar Park Subdivision 5th filing to reconfigure the common lot line between lots 20 and 21 and dedicate a 20-foot access easement.   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. The proposed plat amendment to adjust the common lot line between two contiguous lots and dedicate a 20-foot access easement 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-S2379, the Amended Plat of Lots 20 and 21 in Cedar Park Subdivision 5th filing 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. The Final Plat shall be recorded by August 22, 2005 or this approval shall be null and void.

8.  LEGACY HEIGHTS PRELIMINARY PLAT CONSERVATION DEVELOPMENT; 04-S2244:   This is a request for a Preliminary Plat for a 55 lot single family Conservation Development on 278 acres, which development will include 50% residual land in 3 residual lots.   The proposed Preliminary Plat is for the Conservation Development of a 278 acre parcel into 55 single family residential lots and 3 residual lots (See Table Below).  The location of the proposed development is at the southwest corner of County Roads 10 and 21, approximately 2.5 miles northwest of the Town of Berthoud.  Prior to this preliminary plat submittal, a General Development Plan was reviewed and approved (September/October 2004), and this application is consistent with the approved GDP (See History and Background Discussion following this portion of the report).

 

Total Site Area

278 ac.

Land in a Floodway or below a High Water Mark:

4.0 ac.

Total Developable Land

274 ac.

Residual Land:                         Minimum Required:

                                                                  Proposed:

137.0 acres    (50%)

139.3 acres    (50.84%)

Developed Land:                      Maximum Allowed:

                                                                  Proposed:

137.0 acres    (50%)

134.7 acres    (49.16%)

Number of Residential Lots Proposed:

55

 

An overview of the proposed development reveals a concentration of lots in the northern reaches of the property, with the largest portions of the residual land occurring in the southern reaches.  This arrangement of developed vs. residual land aims at preservation and continuation of agricultural activities near in the southern reaches of the property, while the balance of residual land is utilized as visual buffers and ditch corridors within and around the developed area of the site.  Agricultural activity will continue on Residual Lot A, which surrounds two existing farmsteads, which are not a part of the project.  The other Residual lots will provide for natural open space and buffers around the periphery of the project site.  Three accesses will be provided to the development.  These access points occur along County Road 10 and County Road 21, as well as from County Road 23/Highway 56 via Nations Way within the Harvest Heights Subdivision situated at the southwest corner of the developed area of the project.  Generally the project site consists of a southeasterly sloping terrain, which is bisected by the Dry Creek Lateral that enters the northwest corner of the property and departs the property near the southwest corner.  In addition to the existing pond near the central area of the site, which will in part be utilized for detention purposes, there are several detention areas scattered along the southeastern portions of the developed area.

BACKGROUND/HISTORY:

On September 15, 2004, the Development Services Team presented the Legacy Heights Conservation Development General Development Plan (GDP) to the Planning Commission.   Issues raised and discussed during the hearing regarding the development proposal included the following:  storm water detention, buffers from County Road 10, raptors, prairie dog colonies and dust resulting from current activities on the property.  The Planning Commission unanimously recommended that the Board of County Commissioners approve the GDP.  On October 18, 2004, the Development Services Team presented the Legacy heights Conservation Development GDP to the Board of County Commissioners.  The Commissioners after taking testimony unanimously approved the applications as recommended by the Planning Commission and Development Services Team.  Since the approval of the General Development Plan for the Legacy Heights Conservation Development, the applicant has made minor revisions to the Development, which changes are as follows:  1. Adjustments to the land use calculations to exclude the existing pond from the developable land and percentage of residual vs. developable land calculations has occurred to the point that the calculations are consistent with the Land Use Code. 2.  Documentation regarding the feasibility and availability of public sewer for the property has been provided, which documentation from the Town of Berthoud indicates that public sewer service will not be provided to the project.  3.  The applicant has provided both a 100 foot buffer between the lots and County Road 10, and a 100 foot building setback from the rear of the lots adjacent to County Road 10, so that a total of 200 feet of separation will exist between the County Road and the dwelling units, which was a recommendation of the Planning Commission. 4.  Some of the lot configurations and locations have been altered to satisfy drainage and connectivity issues raised during the GDP process. 5.  During the Planning Commission hearing discussions regarding wildlife on the property and surrounding area occurred.  To this issue the applicant has submitted a preliminary wildlife assessment, which assessment documented potential species that may frequent the site, and further acknowledged the adequacy of the proposed buffers within the development.  Finally, the discussion regarding prairie dog colonies on the property was resolved in that the colony will be eliminated from property through practices approve by the Division of Wildlife.

The Development Services Team has no major concerns or issues with this preliminary plat application.  However, a letter from Mr. David Conover, who owner the Harvest Heights Development, has objected in writing (attached) to the roadway connection through his development on Nations Way.  In light of this letter the Development Services Team would remind the Planning Commission that the Harvest Heights Subdivision was approved with the intent of this road providing connection to the adjacent property.  Therefore, we based our recommendation on the connection occurring and would alter our recommendation if the connection was eliminated.  In summary the Development Services Team has reviewed this development application both through the General Development plan process and the Preliminary Plat process and we find that the applicant has responded to the concern and issues raised in a manner that is consistent with the adopted regulations.  Development Services Team findings are as follows:  1. The Preliminary Plat for the Legacy Heights Conservation Development once constructed will be compatible with existing and allowed uses in the surrounding area.  2.  The Legacy Heights Conservation Development, if developed consistent with the plans and representations provided by the applicant and the conditions of this approval, can comply with all the standards of the Larimer County Land Use Code, and all other federal, state and county laws and regulations.  3.  The Legacy heights Conservation Development will result in no substantial negative effect on environmentally sensitive areas or features, or any agricultural uses or lands.  4.  The Legacy Heights Conservation Development will not adversely affect any special places in Larimer County. 

The Development Services Team Recommendation is for approval of the Preliminary Plat for the Legacy Height Conservation Development (04-S2244), subject to the following conditions:  1.  The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Legacy Heights Conservation Development (File #04-S2244) 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 Legacy Heights Conservation Development.  2.  The following fees shall be collected at building permit issuance for new single family dwellings:  Thompson R2-J school fee, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Regional Park fees (in lieu of dedication).  The fee amount that is current at the time of building permit application shall apply.  3.  Engineered footings and foundations are required for new habitable construction.  4.  Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.  5.  The applicant shall execute an agreement with the Dry Creek Lateral Ditch Company prior to the recordation of the Final Plat.  6. Prior to the recordation of the final plat, building envelopes shall be identified on all of the lots on the final plat.  The building envelopes shall be based upon the setback of the FA-1 (Farming) zone district, unless modified by this approval.  7. Prior to the recordation of the final plat the applicant shall define the uses allowed within each of the residual lots and identify building envelopes necessary for any support buildings.  8.  During the final plat process the applicant shall address and resolve all the technical issues found in the following referral letters: Larimer County Engineering Department by Traci Downs, dated October 25, 2004; Larimer County Planning and Building Services Division by Porter Ingrum, dated October 11, 2004; Larimer County Parks and Open Lands Department by Charles Gindler, dated October 15, 2004.

9.  POWERS MINOR LAND DIVISION LOT 1 AMENDED PLAT; 04-S2373:  This is a request to amend the Plat of Lot 1 of the Powers MLD to revise lot boundaries resulting from the relocation of Highway 1, to remove the condition of approval regarding development on Lot 1 and an appeal to section 8.1.1.B.4 of the Larimer County Land Use Code to allow development with on site sewage disposal. The applicant, Mr. Striggow agent for LJS, LLC, acquired this property from the Powers family late in 2004.  It is his intention to utilize the site for his business, Stone Wholesale.  In 1993 the Powers divided this parcel into two lots one of which contained the principal business of the applicants and the other which was casually used by the applicant.  Lot 2 of the MLD is now occupied by Trammels Automotive.  Lot 1 was restricted by a condition which prohibited any development without a PUD approval.  This was done under the “old code” when there were not well defined development standards and a Site Plan Review process.  This lot was divided by what at that time was Highway 1.  CDOT relocated the highway later in the 1990’s and acquired ROW from this lot reducing it size.  No amendment to the MLD plat was done at that time.  The applicant now proposes to, amend the plat to reflect the revised location of Highway 1 and the new lot boundaries, remove the development restriction condition on Lot 1 and appeal code requirements to allow the development on Lot 1 to be served by and individual sanitation system.           The applicant is requesting approval of an appeal to Section 8.1.1.B.4 of the Larimer County Land Use Code.  This provision of the code specifically addresses the standards of review which would allow an individual property to develop with an individual sewer system.  The standard for development in a GMA is public sewer.  This site is in the Fort Collins GMA.  The Health Department has reviewed this request and finds for the level of proposed development, domestic sewage treatment for an office, the appeal meets the standards of review and they have recommended approval.  The Development Services Team Recommendation is for approval of the Amended Plat for Powers Lot 1 MLD Amended Plat, File #04-S2373, subject to the following condition(s) and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:  1.  All conditions of approval shall be met and the Final Plat recorded by August 22, 2005 or this approval shall be null and void.  2.  Prior to the recordation of the Final Plat the application shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.  3.  The lot shall be considered only as a single lot and only one principal use is allowed on this lot.  4.  The existence of Spaulding Lane shall not be considered to divide this lot; any division of the lot must be pursued through the appropriate land division process available at the time of the proposed division.  5.  All development on this lot shall be required to be processed and approved through the Site Plan Review process. 

Approval of the Appeal to Section 8.1.1.B.4 of the Larimer County Land Use Code to allow an individual sanitation system on a lot in the GMA subject to the following conditions:  1.  This appeal does not authorize the use of the sanitation system for the discharge of non-domestic waste.  2. The Larimer County Health Department shall approve all modifications or upgrades to the system on this lot.  3.  At the time public sewer service is extended and available to this lot all buildings and uses on the lot shall connect to that public sewer.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the Consent Agenda as presented above.

 

Motion carried 3-0.

 

The meeting adjourned at 3:10 p.m.

 

 

 

                                                                        __________________________________________

                                    KATHAY RENNELS, CHAIR

                                                            BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST

 

 

___________________________________

Gael M. Cookman, Deputy Clerk

 

 

 

 

 

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