> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 05/21/07  

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, May 21, 2007

 

LAND USE HEARING

(#66 & #67)

 

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Wagner presided and Commissioners Gibson and Rennels were present.  Also present were: Traci Downs, Engineering Department; Russ Legg, Planning Department; Dave Shirk, Estes Park Community Development Department; Jeannine Haag, Assistant County Attorney; and Kristen Romary, Deputy Clerk.

 

Chair Wagner 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 Wagner then explained that Item 1, Deep Water Metro District - #06-G0108, was listed on the schedule to be tabled to a later date.  Mr. Helmick said that with a revised Service Plan, staff would be able to address some outstanding issues related to this topic.  He emphasized that the table request was from staff, and not necessarily agreed upon by the applicant. 

 

Richard Seaworth, applicant, said that he is concerned about running out of time and money if this item is tabled again.  He explained that he would like to see the Board approve the creation of Metro District 2 which would allow the process to move forward.  Mr. Seaworth emphasized his goals of keeping water in Larimer County, but feels as though he is not receiving adequate support from staff.  Brad March, Attorney for the Town of Wellington, explained that the applicant would like to create an authority with local government entities.  Mr. Helmick said that staff needs a revised Service Plan in order to move forward.  Ms. Haag stated that there are still many questions left unanswered and staff and the Board would be unable to make a motion to approve Metro District 2 at this time.  Much discussion among the applicant, staff, and the Board ensued.  It was decided that tabling this item would allow more time for discussion among the applicant and staff. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Deep Water Metropolitan Districts 1 & 2 - #06-G0108 to July 2, 2007, at 3:00 p.m.

Motion carried 3-0.

 

 

Chair Wagner then explained that Items 2 through 4 were on consent, and would not be discussed unless requested by the Board, staff, or members of the audience.  Mr. Helmick asked that Item 4, the Miller/Van Velson Preliminary Rural Land Use Plan - #07-S2684, be tabled to June 25, 2007, at 6:30 p.m.

 

 

2.  STANLEY HEIGHTS LOTS 27, 28, AND 29 AMENDED PLAT:  This is a request to formally combine a portion of one lot with an existing lot.  In 1974, Lot 28 of Stanley Heights was split in half, with the north half going to Lot 27 and the south half going to Lot 29.   However, this was never formalized with an amended plat, which was required after the adoption of the 1968 Larimer County subdivision regulations.  This amended plat will combine former Lots 27 and 28 into a single lot of record, and return Lot 29 to its original size and shape.  This plat does not create any additional building sites.  In addition, this plat does not create any non-conforming lots, and all building and septic systems meet required property line setbacks.

 

Staff recommends approval of the requested Amended Plat of Lots 27, 28, and 29, of Stanley Heights subject to the following conditions recommended by the Planning Commission:

 

  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. This proposal complies with applicable sections of the Estes Valley Development Code.
  3. 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.
  4. Within sixty (60) 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 sixty-day time period, the approval shall automatically lapse and be null and void.

 

 

3.  WILDCLIFF UTILITY EASEMENT VACATION/DEDICATION:  This is a request to vacate and rededicate a sewer line easement.  The lot was platted with a utility easement intended to contain a sewer main.  However, the main was installed so that it bisects the lot, and is not located within the platted easement.  Therefore, the applicant proposes to relocate the main, dedicate an easement, and vacate the original unused main.  Given that the easement was accepted for public use by the Board of County Commissioners with the original platting of Windcliff, the current Board of County Commissioners must authorize this vacation.  Since the proposed easement is intended only for the sewer main, the new easement would be dedicated as a sewer easement and accepted by the Upper Thompson Sanitation District without further action by the Board of County Commissioners.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve Items 2 through 3, as listed on the Consent Agenda and outlined above. 

Motion carried 3-0.

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Miller/Van Velson Preliminary Rural Land Use Plan - #07-S2684 to June 25, 2007, at 6:30 p.m.

Motion carried 3-0.

 

 

5.  RESERVE AT MOUNTAIN VIEW APPEAL - #07-G0134 (TABLED FROM MAY 14, 2007):  This is a request for an appeal to the requirements of Section 5.3.7.A.5 of the Larimer County Land Use Code provisions to apply for bonus density in a Conservation Development.  The applicants have submitted an application for an appeal to seek relief from the provisions of Section 5.3.7.A.5 of the Larimer County Land Use Code.  The specific relief sought is to allow the property to be divided and developed under the county regulations for a Conservation Development (CD).  As a property zoned AP-Airport, the CD process is available, however, the bonus density provision of the Larimer County Land Use Code which is available to properties zoned FA and E is not available.

 

The applicant suggests that the property should be treated similarly to properties zoned FA, rather than the somewhat more restrictive AP.  This is based on the applicant’s contention that this meets the sprit of the code.  Additionally, the applicants have submitted for review two sketch plans for this site.  Both plans submitted include development at the density proposed with this appeal.  This has allowed some preliminary evaluation of the proposal for issues related to design and compatibility.

 

This site is located between two existing developments, Eagle Ranch and Mountain Range Shadows, and has also been an active farm.  The site is adjacent to the Fort Collins Growth Management Area (GMA), recently expanded into the Fossil Creek CPA, and is adjacent to and possibly benefited by the joint planning effort of the City of Fort Collins and the Town of Windsor regarding the Highway 392/I-25 Interchange.  This site has been identified in transportation planning work as the alignment of the connection between Byrd Avenue in Loveland and Carpenter Road.  This connection was identified in the Crossroads Area Transportation plan, and depending on the process, may serve to, in part, replace the through connection which is the frontage road. 

 

As a farm, there are few resources on the site except agricultural potential.  A significant wetland area exists to the north and west of this site adjacent to and a part of Eagle Ranch and properties to the north of this site.  If a Conservation Development were to be developed here there would be little potential for preserving agricultural land in any productive form, and the environmental resources on site are limited.  The standards which would be a part of an evaluation of a density bonus and which are the basis of how this application might result in an application for a Conservation Development resulting in a bonus density are important to open space and its impact on water quality.  The net result of the application, which is in the region between the City of Fort Collins and Loveland, would need to be evaluated whether a cluster of the “same size” but more units result in a benefit to the community from the standpoint of open space and impact on water quality.   Clearly a Conservation Development is the preferred pattern of development in the “corridor”; the applicants have proposed such a plan with 80% open area.  The evaluation of those criterions must be at the Preliminary Plat stage, not here.  Based upon prior conversations with both the Board of County Commissioners and the Larimer County Planning Commission staff believes that these will be tough to meet. 

 

In examining this request it seems to be a better argument, from the staff perspective, not to suggest that the zoning or provisions of the code are in error but rather the process, Conservation Development, with its specific standards, is less appropriate to this site.  Processing a subdivision on this with the required General Development Plan (because of the increased density over 2.29 acres/unit) as required by the code, would provide the opportunity to evaluate the specific benefits of the project rather than attempting to shoe horn those benefits into the specific language of the Conservation Development process. 

 

This appeal was referred to a number of nearby property owners several of whom have contacted this office to inquire about the request and its intent.  Staff has advised these interested owners about the application and would note that while most have only had general questions about the process and proposal, there have been both those who have indicated support for maintaining the density or allowing it to increase.  Other concerns have been with design and road alignment, which are issues that would be addressed if an application is submitted for a preliminary plat. 

 

The Development Service Team finds that the applied for appeal cannot be supported.  The requested action questions the zoning of the property and the decision made at the time of the adoption of the code.  Specifically, with respect to the zoning question, the appeal presents an if/then proposition that assumes the AP district should be treated the same as the FA district; a conclusion staff cannot support.  Further questioned with the appeal is the conclusion that even if the AP district is properly located, the decisions made regarding the available densities in a Conservation Development are in error.  The Development Services Team cannot support the appeal and it cannot be found that it meets the criteria for approval of an appeal.  The appeal subverts the intent of the code and is not consistent with specific purposes of the differing densities allowed in the Conservation Development, based upon zone districts.  Furthermore, the appeal can only grant the applicants the ability to proceed to request the density bonus, not grant it.  Staff has reservations that the applicant could meet the test of the bonus provisions in the code and therefore would not receive the “incentive” requested at the time of the specific entitlement.

 

However, the Development Services Team believes that there is significant public benefit to be derived from the roadway connection that will occur with a project such as the applicants have proposed on this site.  In an effort to encourage the private participation in the provision of these roadways, staff believes that an appeal to allow a subdivision on the site with the required General Development Plan (GDP), rather than a Conservation Development, could be supported.  A project plan similar to those submitted for sketch plan providing for the roadway connections and proposing a 20% higher density in a clustered plan has merits and meets a specific public need.  Furthermore, staff finds that an appeal to the standards regarding a Conservation Development could be met.

 

Mr. Helmick explained that the applicant did not apply for the correct request, and staff may be more inclined to approve a GDP if submitted.  Josh Rowland, architect and representative of the applicant, said that the project would acquire 20% bonus density.  He stated that a small community cluster would be created along with the addition of a lake feature.  Mr. Rowland said that the applicant is willing to change the request from a Conservation Development to a General Development Plan today. 

 

Ms. Haag explained that the publication and advertising for the hearing today is for a Conservation Development, therefore, a GDP can not be approved today. 

 

Gary Westlind, Eagle Ranch Estates HOA, said that 11 people from the association are in support of this proposal.  He said that the only concerns coming from homeowners are related to the location of the frontage road.  Discussion among the Commissioners ensued.  Commissioner Gibson said that he would support a withdrawal of this item in order to bring it back to the Board as a GDP.  Mr. Rowland said that the applicant is willing to withdraw the Reserve at Mountain View Appeal at this time. 

 

 

6.  STONEBRIDGE RIGHT-OF-WAY WAIVER:  The applicant requests a waiver to the 50-foot from centerline right-of-way requirement for major collectors, as set forth in the Larimer County Road Manual.  The applicant requests the right-of-way requirements set forth in the Estes Valley Development Code (EVDC) be applied.  The existing sixty-foot right-of-way (30-feet from centerline) would satisfy the EVDC requirement.

 

The applicant proposes to develop property that is located within the Town of Estes Park, with access from Fish Creek Road, which is a county road.  The Stone Bridge preliminary plat is a proposed lot split of the “Van Horn Engineering” property from one lot to three lots, and rezoning of proposed Lot 1 (the Van Horn office) from the existing “RM” Multi-Family zoning district to “O” Office.  The Estes Valley Planning Commission has recommend approval of the preliminary plat to the Town Board of Trustees, with a condition being approval of this requested waiver.

 

No development has been proposed for the two newly created lots, though staff anticipates development plans for twenty-four detached residential units to be submitted for review in June or July.  These would be subject to review and approval by the Estes Valley Planning Commission.  The submitted traffic impact analysis indicates the existing right-of-way is sufficient. 

 

Staff recommends approval of the requested Stone Bridge right-of-way width waiver based on the following condition:

 

  1. The applicant shall build the western half of the road to an urban cross-section including road width, shoulder, and curb-gutter section.  This cross section shall be subject to review and approval of Larimer County Engineering prior to final plat application.  Larimer County has supported the right of way appeal based on the condition that the above requirement will be met with the final plat application.

 

Mr. Shirk explained that the reason for the review today is for approval of the right-of-way only.  He said that numerous residents have contacted staff regarding the potential for housing units along the road, but there is currently no development plan in review.  Bill Van Horn, applicant, said that Larimer County is the only entity that can annex the property.  Mr. Van Horn said that he would like to see that the Estes Valley Development Code standard is applied.

 

Chair Wagner opened the hearing for public comment.  Randy Willard, Ken Czarnowski, Bob Trump, Marilyn Pedersen, Bill Paynter, Jeannine Myla, John Watson, and John Poulos, voiced their concerns with the right-of-way dedication.  Mr. Willard said that granting the waiver would compromise safety and property values along Fish Creek Road.  Mr. Czarnowski said that this issue is primarily about public safety, and accidents involving motorists and elk will become an even bigger problem with the waiver.  Ms. Pedersen said that she is especially concerned with traffic and suggests a turn lane be created to minimize the potential for accidents. 

 

Frank Theis, of CMS Planning, said that the proposed waiver is along the straightest portion of the road.  Therefore, there will be minimal impact to motorists and will not pose a safety hazard.  Ms. Downs explained that staff approves this proposal because the 60-foot right-of-way is still sufficient to allow for turn lanes, curb, and gutters in the future. 

 

Commissioner Gibson said that the Estes Valley Development Code was created to address issues specific to Estes Park.  He said that with the approval of the waiver from the Estes Valley Planning Commission, it would be difficult to vote against their recommendation.  Chair Wagner said that she relies on and supports staff and the Estes Park traffic study. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the proposed right-of-way standard subject to the condition recommended by staff.

Motion carried 3-0.

 

 

7.  SISLER TRASH VIOLATION:  Mr. Helmick explained that the homeowners are now in compliance with county standards and no further review of the violation is needed.  Mr. Helmick requested that this item be removed from the agenda. 

 

 

The meeting ended at 5:45 p.m.

 

 

 

TUESDAY, MAY 22, 2007

 

 

ADMINISTRATIVE MATTERS

(#68)

 

The Board of County Commissioners met at 9:30 a.m. with Frank Lancaster, County Manager.  Chair Wagner presided and Commissioners Gibson and Rennels were present.  Also present were: Neil Gluckman, Donna Hart, and Deni LaRue, Commissioners’ Office; Wayne Eads, and Joe Vickarelli, Greeley Stampede Committee Members; Ernest Giron, Latino Issues Task Force; John Gamlin, Human Resources Department; Gary Buffington, Parks and Open Lands; Carol Block, and Tracy Hines, Finance Department; Doug Collins, UBuildIt; Laura Hunt, Larimer County Child Advocacy Center; Mark Peterson, Engineering Department; and Kristen Romary, Deputy Clerk.

 

 

1.  PUBLIC COMMENT:  There was no public comment today.

 

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 14, 2007:

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of May 14, 2007.

Motion carried 3-0.

 

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 28, 2007The Board reviewed and discussed the upcoming schedule with Ms. Hart.

 

 

4.  CONSENT AGENDA:  Commissioner Gibson asked that the Resolution Recommending Adoption of the Boxelder Stormwater Master Plan be pulled from Consent in order to provide more time for clarification and discussion. 

 

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 with the removal of 05222007R004 for May 15, 2007:

 

ABATEMENTS:  As recommended by the County Assessor, the following Petitions for Abatement were approved: White I Investments LLC; White II Investments LLC; Floyd R. and Angeline E. Street; and Jerald Byron and Norma Rosario Miller.  As recommended by the County Assessor, the following Petition for Abatement was denied: PPG MOB Fund IB LLC.

 

05222007A001           WARRANTY MEMORANDUM FOR LEGACY HEIGHTS CONSERVATION DEVELOPMENT #04-S2244

 

05222007A002           INTERGOVERNMENTAL DATA ACCESS CONTRACT RENEWAL

 

05222007R001           RESOLUTION AUTHORIZING COLORADO DEPARTMENT OF TRANSPORTATION TO IMPLEMENT TOURISTS ORIENTED DIRECTIONAL SIGNING (TODS) PROGRAM IN LARIMER COUNTY

 

05222007R002           RESOLUTION ADOPTING ARTICLE VI TO CHAPTER 50 OF THE LARIMER COUNTY CODE REGARDING MEMORIAL SIGNING IN LARIMER COUNTY

 

05222007R003           RESOLUTION ADOPTING ARTICLE V TO CHAPTER 50 OF THE LARIMER COUNTY CODE REGARDING DIRECTIONAL SIGNING IN RURAL LARIMER COUNTY

 

05222007R005           FINDINGS AND RESOLUTION APPROVING THE WELLINGTON 17 PRELIMINARY RURAL LAND PLAN

 

05222007R006           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 113 AND 114 OF CRYSTAL LAKES SUBDIVISION 13TH FILING PUD AND UTILITY EASEMENT VACATION

 

05222007R006           RESOLUTION REGARDING EXTENSION OF APPROVAL MONTROSE LOTS 6, 7, & 8 AND LOT 1 STAGECOACH AMENDED PLAT

 

MISCELLANEOUS:  Department of Human Services Payments for March 2007.

 

LIQUOR LICENSES:  The following liquor licenses were approved and issued: Boys & Girls Clubs of Larimer County – Special Event 6% - Wellington; Northern Colorado Potter’s Guild – Special Event 6% - Fort Collins; Board of Governors of the CSU System – Special Event 3.2% - Fort Collins; Riverbend Resort – 3.2% - Loveland; and Horsetooth Market LLC – 3.2% - Fort Collins.

 

Motion carried 3-0.

 

 

5.  GREELEY INDEPENDENT STAMPEDE PROCLAMATION:  Mr. Eads and Mr. Vickarelli explained that June 24, 2007, will be Larimer County day at the Greeley Independent Stampede.   Mr. Eads outlined some of the events at this years stampede and encouraged Larimer County residents to attend the numerous rodeos, concerts, and other activities taking place at the Greeley Independent Stampede.  Commissioner Gibson read the proclamation aloud. 

 

 

6.  PRESENT RECOMMENDATIONS OF THE LATINO ISSUES TASK FORCE:  Mr. Giron explained that the Task Force was formed to advise and assist the county in identifying and addressing the needs of the Hispanic/Latino communities in Larimer County.  Based on the efforts of the task force to better serve the Hispanic/Latino community, they have concluded that the county needs to position itself to become more diverse in its work force.  Some suggestions include establishing annual training on the value of ethnic and gender diversity in the workplace; posting jobs in the broader community and using other media outlets to do so; require county departments to establish plans which describe how they will achieve higher utilization of Hispanic/Latino employees; include Hispanics/Latinos in interviewing and hiring committees; and continue the county’s involvement with the Cinco de Mayo celebration. 

 

Mr. Gamlin said that he agrees with the Task Force goals, and will take the above recommendations and create a plan with Human Resources and senior managers.  He explained that these recommendations are not meant to be exclusive to the Hispanic/Latino community, and many suggestions can be used to enhance the diversity of all groups. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners accept the recommendations of the Latino Issues Task Force and the Human Resources Department.

Motion carried 3-0.

 

 

7.  PARKS ADVISORY BOARD – FIRST MEETING:  Mr. Buffington explained that nine current members of the Parks Task Force submitted applications to serve on the new Parks Advisory Board (PAB).  He stated that there are several pressing issues including a discussion of a new fee structure for 2008, and the new master plan implementation schedule for 2008, which require immediate attention.  Mr. Buffington would like the current nine member board to meet in June or July and address these issues and then add the additional 2-4 members in August. 

 

The nine members of the PAB are: Ivan Andrade, Frank Cada, David Coulson, Robert Harris, Rich Harter, Linda Knowlton, Chad LaChance, Barry Lewis, and Tom Miller.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the nine members of the new Parks Advisory Board to meet in June and establish the new Board and deal with current pressing issues.

Motion carried 3-0.

 

 

8.  WAIVER OF THE USE TAX DUE ON A BUILDING PROJECT:  Mr. Collins requestd a waiver of the use tax due on a building project.  In the past, Fort Collins UBuildIt has constructed a home and then auctioned it off with 100% of the proceeds being split between the Larimer County Child Advocacy Center and A Kids Place in Weld County.  This is the first year that the project is to be built within Larimer County.  Ms. Hunt said that the UBuildIt for the Children project has allowed the Larimer County Child Advocacy Center the ability to help hundreds of children and families within the county.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the waiver of the use tax on the Fort Collins UBuildIt charity project and backfill the use tax from the Commissioners Special Projects Fund.

Motion carried 3-0.

 

 

9.  COUNTY MANAGER WORKSESSION:  Mr. Gluckman requested Board approval and authorization for the Chair to sign a letter to President Bush urging the president to consider withdrawing his Administration’s opposition to the Senate’s proposed five year full funding of the Payments in Lieu of Taxes (PILT) program and reauthorization of the Secure Rural Schools and Community Self Determination Act (SRS).  Discussion among the Board ensued.  Chair Wagner said that she was in support of the letter once minor changes were made. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the letter to President Bush and authorize the Chair to sign once minor corrections have been made.

Motion carried 3-0.

 

 

Mr. Lancaster asked the Board to consider discussing land use regulations related to the county’s capacity to handle different animal species per acre.  He suggested that a workgroup be created under the guidance of Commissioner Rennels to establish appropriate regulations for each species.  Commissioner Rennels said that she would be willing to help establish regulations with the guidance of outside user groups and Colorado State University.  She said that she would bring her findings to the Board for discussion. 

 

Mr. Lancaster said that the Downtown Development Authority (DDA) asked that the City of Fort Collins modify their bylaws to have a County Commissioner serve on the DDA Board.  This issue was approved by City Council and now the Board of County Commissioners need to elect a member of their Board to serve on the DDA Board.  Commissioner Gibson suggested that the participating DDA Board member rotate with the duties of the Chair of the Board of County Commissioners.  Chair Wagner and Commissioner Rennels concurred. 

 

Mr. Lancaster said that the Estes Park Marathon, which has been in existence for several years, has missed the 45 day application deadline for a special event permit this year.  The applicant is asking for a waiver from the Board of County Commissioners which would allow them to submit the needed permit application less than 45 days prior to the event.  If approved, the Estes Park Marathon will take place on June 17, 2007.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners waive the 45 day application deadline for a Special Event Permit for the Estes Park Marathon to be held on June 17, 2007.

Motion carried 3-0.

 

 

10.  COMMISSIONER ACTIVITY REPORTS:  The Board discussed their attendance at events during the past week.

 

 

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

 

 

Mr. Peterson outlined the terms and conditions related to the Resolution Recommending Adoption of the Boxelder Stormwater Master Plan which had been pulled from the Consent Agenda.  Discussion among the Commissioners ensued. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Resolution Recommending Adoption of the Boxelder Stormwater Master Plan.

Motion carried 3-0.

 

05222007R004           RESOLUTION RECOMMENDING ADOPTION OF THE BOXELDER STORMWATER MASTER PLAN

 

 

The meeting ended at 11:00 a.m.

 

 

 

 

 

 

__________________________________________

KAREN A. WAGNER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 _________________________________

Kristen L. Romary, Deputy Clerk