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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, OCTOBER 23, 2006
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner. Chair Gibson presided, and Commissioners Wagner and Rennels were present. Also present were: Jim Reidhead, Ed Woodward, and Sean Wheeler, Planning Department; Jeannine Haag, Assistant County Attorney; and Kristen Romary, Deputy Clerk.
Chair Gibson opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and the Land Use Code. No one from the audience addressed the Board regarding these topics. Chair Gibson then explained that Items 1 through 3 were on consent and would not be discussed unless requested by the Board, staff, or members of the audience. A member of the audience asked that Item 1, the Grizzard Minor Special Review, be pulled from consent for the purpose of discussion.
At this time, Commissioner Wagner requested that staff clarify the requirements of the emergency access as it pertains to Item 3, Pittington II Rural Land Use Plan. She asked staff a question in reference to the good faith negotiations that would need to take place between the residents of Old Bald Mountain Road. Mr. Reidhead explained that the good faith negotiations will be used to reach an equitable agreement, and will be listed as a condition of approval in the staff’s final recommendation.
2. LARIMER COUNTY ENGINEERING COUNTY ROAD 38E BRIDGE FLOOD PLAIN SPECIAL REVIEW: This is a request to approve the Special Review based on the Flood Review Board’s recommendation of approval. The Larimer County Engineering Department is assisting the County Road and Bridge Department in replacing the existing bridge over Redstone Creek. The Land Use Code requires a recommendation from the Flood Review Board and final approval from the Board of County Commissioners through a Floodplain Special Review.
The Flood Review Board met on Thursday, October 27, 2005, and reviewed the hydraulic modeling report which found the hydraulic analysis to be acceptable. A motion was made for a favorable recommendation to the Board of County Commissioners with approval of the Floodplain Special Review along with one condition: A final riprap sizing design and location of the riprap must be reviewed and approved by Engineering Staff before the public hearing. The riprap plan was submitted to staff, reviewed and approved.
3. PITTINGTON II RURAL LAND USE PLAN: This is a request for preliminary approval to divide approximately 71 acres into five lots in the following manner: Four single-family residential lots and one residual lot (private open space) with no residences. The residential lots will be located on approximately nine acres (each lot two to three acres in size). The residual lot will be approximately 62 acres, or 87% of the property, and will be protected in perpetuity by a covenant/deed restriction as required under the Rural Land Use Plan (RLUP).
The property is located in Sections 21 and 28, Township 5 North, Range 70 West. It is located southwest of the City of Loveland and northwest of Carter Lake, about 2.5 miles west of County Road 29 and .25 miles north of County Road 18E. The property consists of dry pasture land. The land can be divided into two 35 acre parcels without County input. Under the property’s current O-Open zoning (one home site per 10 acres), up to seven homes could potentially be built if brought through the County's Conservation Development (CD) process, and if adequate public facilities are provided.
The new residential lots have been sited to utilize the private internal access road and utility installations proposed for the Pittington RLUP (Phase I) project, to avoid the drainages to the north and south, and to utilize the most appropriate soils for on-site septic systems. The residual land historical use of dry land grazing will be maintained. The management/use plan will address implementation of appropriate grazing procedures, and control of noxious and invasive weeds and mitigation of wildfire hazards associated with excessive fuels build-up. Access to these new lots is proposed from Old Bald Mountain Road and the internal access road in Phase I.
The residential lots will be about 2 to 2.5 acres in size for a total of 9.14 acres. Water to these lots will be provided by North Carter Lake Water District 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 35 acre parcels and larger. There are also a number of older subdivisions in the area: The Newell’s Lake Subdivision 1st, 2nd and 3rd filings, located two miles west-southwest of the Pittington property. Immediately east of Pinewood Reservoir, there are roughly 45 residential lots on 97 acres. There are more than 100 small residential lots (most lots less than two acres in size) that are located immediately north of Carter Lake, roughly 2.5 miles southeast of the Pittington property.
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 Loveland and Berthoud to the northeast and southeast respectively, along with the attractiveness of “close-in” foothills property. The proposed density of the Pittington II Rural Land Use project, one unit per 17.75 acres, appears to be compatible with the neighborhood.
The residual land, approximately 62 acres and comprising roughly 87% of the property, will be protected from further development in perpetuity. The RLUP requires that residual land be protected for a minimum of 40 years. The residual land will have a management/use plan to foster its long-term health. The owners of the residual land parcels will be responsible for maintaining the residual land and for providing periodic monitoring reports to the County.
A neighborhood meeting was held on September 27, 2006, at the Loveland Pulliam Community Building. Approximately 10 area residents attended, with a majority of their concerns pertaining to the roads and general road maintenance. Referral agency comments were also solicited. Representatives from the County Engineering Department, Health Department, and Rural Land Use Advisory Board have visited the site and have consulted with the Rural Land Use Center during the conceptual design phase.
Staff finds 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 Pittington II Preliminary Rural Land Plan is based on the following: Applicants’ planning and design rationale for the project, which is consistent with the RLUP; Conservation values of the residual land, including perpetual preservation of grazing land, open space and wildlife habitat; The plan is generally compatible with the existing neighboring land uses; Applicants’ willingness to utilize district water.
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 include: Protection of residual land in perpetuity; 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 Rural Land Plan. The following contingencies must be met prior to approval of the 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 Pittington II Rural Land Plan (File #06-S2603), 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 Pittington II 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 that design standards in 5.8.6.D were followed, before final approval. Internal roads may be contained in a private access and utility easement. Road names and addressing shall meet standards in the Road Naming and Site Addressing System Resolution. A deeded emergency access shall be provided to the project from Old Bald Mountain Road along an existing ranch road located to the east of the Pittington II property.
3. Applicant must provide a storm water management report to the Rural Land Use Center prior to commencing any construction on the project. Before designing stormwater drainage facilities, applicant and applicant's engineer must contact the Larimer County Engineering Environmental Specialist to discuss stormwater management design requirements, and the applicant must comply with all such design requirements. The applicant's plans must be prepared and stamped by a qualified professional engineer licensed in the state of Colorado and certified that they meet the stormwater management design requirements.
4. Public water shall be provided for this project. A letter of commitment from the water provider must be submitted prior to final plat approval. This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the District. If the water system will be designed to provide fire protection, the letter of commitment must also address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code.
5. Building envelopes shall be placed on each lot. All building envelopes shall be located outside the floodplain and drainage areas. Sensitive areas not to be disturbed, including drainages, shall be denoted on the final plat. Building envelopes shall be reviewed and approved by the Larimer County Health Department and the Rural Land Use Center Director prior to final approval.
6. A good faith effort to reach an equitable agreement for road maintenance cost sharing with the neighboring property owners who maintain Old Bald Mountain Road will be required before final approval.
7. The building envelope for Lots 1-4 must be set back at least 200 feet from the edge of the steep drainages located north and south of the residential cluster.
8. Automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district.
9. The residual land protective covenant and use plans must be reviewed and approved by the County Attorney and the Rural Land Use Center (RLUC) Director prior to final plat approval.
10. Restrictive Covenants, including provisions for internal road maintenance, small acreage management, architectural guidelines, including prohibition of white fencing and metal roofs, and provisions to direct outdoor lighting downward to minimize “up-lighting”, must be reviewed and approved by the RLUC Director prior to final plat approval.
11. The final Development Agreement must be reviewed and approved by the County Attorney prior to final plat approval.
12. A Lot Sale Prohibition shall be placed on this property preventing the sale of any new lots until the applicable improvements, such as legal access and public utilities, including but not limited to water supply and electricity, have been completed and/or installed according to the project requirements. The lots cannot be sold, transferred or conveyed unless and until the 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, the County will provide to the developers a release of the Lot Sale Prohibition for the particular lots for which the improvements have been completed.
13. 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 have executed a Lot Sale Prohibition Agreement which stipulates that Lots 1-4 cannot be sold, transferred or conveyed unless and until the developers provide to the County a written designation stating that all the applicable improvements such as legal access and public utilities, including but not limited to water supply and electricity, have been completed and/or installed according to the project requirements. The lots cannot be sold, transferred or conveyed unless and until the 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 is recorded in the records of the Larimer County Clerk and Recorder and is a covenant running with the lots. Upon receipt of such written designation, Larimer County will provide the developers a release of the Lot Sale Prohibition for particular lots for which the improvements have been completed.
b. 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 plan. If a structure within the building envelope is located five feet or less from the boundary of the building envelope, the owner/applicant for a building permit will be required to demonstrate that the structure 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. All structures and septic systems must be located within the building envelopes on any residual lots.
f. Engineered footings and foundations may be required for new habitable construction. Check with the Larimer County Building Department for requirements prior to submitting a building permit application.
g. 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.
h. There will be 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, and homeowners insurance is strongly advised.
i. Keep trash and garbage removed from site. Bear proof containers are commercially available, and have been proven to work. Garbage and trash can be as attractive to bears as placing out food for wildlife.
j. It is strongly recommended that trailers and motor homes not be left on site. 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.
k. Many other species of wildlife live in the area, and 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.
l. Pets must be contained on property, either by leash or enclosure.
m. 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, and such activity must be according to applicable federal, state and local rules and regulations.
n. 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.
o. 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.
p. 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, location of sanitation systems, fencing and feeding.
q. Larimer County has adopted a Right to Farm Resolution.
r. The following fees shall be collected at building permit issuance for new single-family dwellings: Thompson R2-J school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), Drainage Fees and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply.
s. 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.
t. At the time of real estate closing, owner shall provide purchasers of residential lots and residual lots with The Code of the West, a County document which addresses differences between urban and rural living in Larimer County.
u. 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.
v. 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 and Recorder’s office immediately after this plat. All purchasers should obtain and read the Development Agreement.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve Items 2 and 3, as listed on the Consent Agenda and outlined above.
Motion carried 3-0.
1. GRIZZARD MINOR SPECIAL REVIEW - #06-Z1606: This is a request for approval of a Minor Special Review for a detached accessory living area on approximately 40 acres. The applicant seeks Minor Special Review approval to construct an accessory living area at a 40 acre site northeast of Livermore near the Wyoming border. The subject property is located off Pilgrim Place in the Twin Creek Meadows. Neither the primary residence nor the accessory residential use has been constructed prior to this request. According to the project description, the accessory living area will not exceed 800 interior square feet. The site is located in an area of rolling terrain, surrounded by a natural landscape with other rural and residential uses situated on large lots.
The Development Services Team Recommends approval of the Grizzard Minor Special Review subject to the following conditions:
1. The Site shall be developed consistent with the approved plan and with the information contained in the Grizzard Minor Special Review (File #06-Z1606), 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 Grizzard Minor Special Review.
2. This application is approved without the requirement for a Development Agreement. In the event where an applicant fails to comply with any conditions of approval, or fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to the County, the County may withhold building permits, issue a written notice to the applicant to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review. All remedies are cumulative and the County’s election to use one shall not preclude use of another. In the event that the County must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees. The County may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.
3. The Findings and Resolution shall be a servitude running with the property. Those owners of the property or any portion of the property, who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.
4. All applicable fees, including permit fees and the Transportation Capital Expansion Fee, shall apply to this use at the time of building permit issuance for the accessory living area.
5. The habitable space of the current structure shall not exceed 800 square feet, per Section 4.3.10.F.2 of the Larimer County Land Use Code.
6. The applicant shall sign a Disclosure Notice to advise potential lot buyers of the restrictions placed on the accessory living area at the time of building permit application. The accessory living area cannot exceed 800 square feet in size, and can not be rented or marked as rental property.
Mr. Wheeler explained the aspects of the meets standards as they pertain to a Minor Special Review, and recommended that the Grizzard Minor Special Review be approved based on the terms and conditions outlined above. Diana Bluestein, neighbor to the applicant, addressed the Board and voiced her concern related to the potential sale of the property in the future. She is worried that once the property is sold, there will be nothing to stop the new residents from renting the accessory living area, and she does not want this issue to cause problems later on. Mr. Helmick explained that a Disclosure Notice must be filed with the application, which will inform future owners that there is a restriction placed on the accessory living area, prohibiting the ability to rent the accessory building.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve the Grizzard Minor Special Review (File #06-Z1606) for a detached accessory dwelling use subject to conditions 1 through 6 as recommended by staff.
Motion carried 3-0.
The meeting adjourned at 3:15 p.m.
TUESDAY, OCTOBER 24, 2006
The Board of County Commissioners met at 9:30 a.m. with County Manager, Frank Lancaster. Chair Gibson presided and Commissioners Wagner and Rennels were present. Also present were: Donna Hart, Commissioners’ Office; and Kristen Romary, Deputy Clerk.
1. PUBLIC COMMENT: There was no public comment today.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 16, 2006:
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of October 16, 2006.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 30, 2006: The Commissioners reviewed and discussed the upcoming schedule with Ms. Hart.
4. CONSENT AGENDA:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for October 24, 2006:
ABATEMENTS: As recommended by the County Assessor, the following Petitions for Abatement are approved: Parkmoor Storage LLC; Greenfield Management Svcs. (2004/2005).
10242006A001 WARRANTY MEMORANDUM FOR AUTUMN CREEK CONSERVATION DEVELOPMENT PHASE 1 FILE NUMBER 00-S1635 BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND WILLIAM AND ALESA LOCKLEAR
10242006D001 DEED OF CONSERVATION EASEMENT ROUND BUTTE RANCH (PHASE II) BY THE CITY OF FORT COLLINS
10242006R001 FINDINGS AND RESOLUTION APPROVING THE LAKE SHORE GARDENS LOT 101 PLANNED LAND DIVISION PRELIMINARY PLAT AND REZONING TO PLANNED DEVELOPMENT
10242006R002 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF GARDELS GRAVEL PIT
10242006R003 FINDINGS AND RESOLUTION APPROVING THE PLANK PLANNED LAND DIVISION PRELIMINARY PLAT AND REZONING TO PLANNED DEVELOPMENT
10242006R004 FINDINGS AND RESOLUTION APPROVING THE HEARTS AND HORSES APPEAL TO SECTION 8.6.3.C.1
10242006R005 FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF THE HERSH MINOR LAND DIVISION AND MINOR RESIDENTIAL DEVELOPMENT
10242006R006 FINDINGS AND RESOLUTION APPROVING THE HERSH MINOR LAND DIVISION
MISCELLANEOUS: Public Trustee First Quarter Report for 2006; Letter of Support for the Duck Lake Trail Project State Trails Grant Application.
LIQUOR LICENSES: The following liquor licenses were approved and issued: Swing Station-Tavern-LaPorte; Western Ridge Restaurant and Resort-Retail Liquor Store-Loveland; Fort Namaqua Liquors-Retail Liquor Store-Loveland. The following liquor license was approved: White Buffalo-Change of Trade Name-Loveland.
Motion carried 3-0.
5. WORKSESSION: Mr. Lancaster explained that he would like to close his office, and cancel the Administrative Matters meeting on Tuesday, November 7, 2006, in order to provide assistance during the election. Mr. Lancaster explained that it would be much more cost effective to use regular, full-time employees as election workers, instead of hiring temporary employees for the day. The Commissioners supported Mr. Lancaster in this decision.
6. COMMISSIONER ACTIVITY REPORTS: The Board noted their attendance at events during the last week.
7. LEGAL MATTERS: Executive Session (Tape #128)
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice in determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators as outlined in 24-6-402(4)(e) C.R.S.
Motion carried 3-0.
The Executive Session ended at 10:05 a.m., with no further action taken.
GLENN W. GIBSON, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Kristen L. Romary, Deputy Clerk