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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, APRIL 7, 2008

 

 

LAND USE HEARING

(#191)

 

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Gibson presided, and Commissioner Rennels was present.  Also present were:  Larry Timm, Samantha Mott, Wendy Dionigi, and Candice Phippen, Planning Department; Christie Coleman, Engineering Department; Doug Ryan, Environmental Health Department; Tom Garton, and Karlin Goggin, Building Inspection Department; Cindy Clay, Clerk & Recorder's Office; Bill Ressue, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Gibson opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics. 

 

Chair Gibson then explained that the following items were on consent and would not be discussed unless requested by the Board, staff, or members of the audience: 

 

1.  SAUK ROAD RIGHT-OF-WAY VACATION - FILE #08-S2782:  This is a request to vacate a 30 foot by 60 foot right-of-way vacation at the north end of the Grand Mesa Estates Subdivision. 

This applicant requests the vacation of a 30 by 60 foot right-of-way that was never completely constructed in order for the Rural Addressing Coordinator to give the road two separate names, Sauk Road and Sauk Hill Road.  This request is the result of the Sauk Road Name Appeal, Case #07-CAC0001, approved by the Board of County Commissioners.  The right-of way to be vacated is located on the north end of the Grand Mesa Estates Subdivision just south of the Baum exemption.  The vacation of this right of way will not affect access to either the subdivision lots or the exemption lots.  The right-of-way was originally granted in 1981 and is shown on the final plat of Grand Mesa Estates. That portion of the right-of-way for Sauk Road was never constructed.  Although the right-of-way will be vacated, any established easements for utility purposes will remain. 

This application was forwarded to the appropriate departments and agencies for comment.  The responses from these groups indicate that there are no other issues of concern.  The Board of County Commissioners previously gave direction to County staff to vacate the un-built portion of Sauk Road that was originally platted to be continuous.

The Development Services Team recommends approval of the Sauk Road Right-of-Way Vacation, File # 08-S2782, a request to vacate a 30 foot by 60 foot right-of-way at the north end of the Grand Mesa Estates Subdivision.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the consent agenda, as outlined above.

Motion carried 2-0.

 

2.   RUBBISH ORDINANCE 1ST READING:  Mr. Timm explained that this item is once again being considered for 1st Reading, due to a mix-up in publishing of the ordinance in the Coloradoan newspaper. 

As noted below, the adoption process for an ordinance differs from adopting a resolution or Land Use Code amendment.  Today’s hearing is a “first reading” which authorizes the proposed ordinance to be published in advance of the public hearing at which time it could adopted.  

Code Compliance staff spend a considerable amount of time on junk, debris, illegal outdoor storage and illegal vehicle cases.  In 2006 and 2007, 135 cases involving these types of issues were initiated out of 946 cases, which is 14 to 15% of the total case load.  If property owners do not voluntarily clean up the property after a Code Compliance Officer first calls or visits the site, staff then follow-up with several telephone calls, letters and site visits in an effort to resolve violations short of taking cases to a hearing before the County Commissioners and commencing legal actions. 

Often, people filing junk and debris complaints are the most vocal and take up a majority of staff time to repeatedly explain processes and the progress on cases.  Staff estimate more than 30% of staff time is spent resolving junk, debris, illegal outdoor storage and illegal vehicle cases.

The savings in staff time by adopting a rubbish ordinance, as well as County Commissioner and County Attorney time and expenses, would enable Code Compliance staff to resolve more violation cases in a timely and cost-efficient manner (over the years, approximately $75,000 in attorney fees have been incurred taking these types of cases to court).

A rubbish ordinance would assist adjacent property owners who are trying to maintain their property values and sell properties.  Many zoning violation files for junk and debris are opened because a neighbor, who is trying to sell their home, files a complaint.  If it takes up to four years to resolve, the complainant more than likely has lost valuable time and money.

Due, in part, to an increasing population and the need to evaluate the effectiveness of existing code enforcement efforts within Larimer County, the Board of County Commissioners hired Clarion Associates in 2005 to research and compare services and staffing state-wide as well as evaluate the effectiveness of the County’s code enforcement programs.

Clarion Associates’ recommendations included a streamlined enforcement process for complaints associated with rubbish, derelict/unlicensed vehicles, illegal outdoor storage and other junk that currently take up significant staff time and resources.  Clarion pointed out that a rubbish ordinance would provide the County with the ability to quickly take action in cases where there is an acknowledged or undisputed violation, while still allowing for flexibility to resolve issues. 

While voluntary compliance will continue to be the primary objective sought by Code Compliance staff, a rubbish ordinance will result in less staff time spent on these types of cases, fewer hearings, if any, before the County Commissioners and fewer cases going to court. 

The steps to ordinance adoption are as follows:

 

1.         The Board of County Commissioners read the ordinance at any open meeting.  There doesn't need to be any advertisement of the meeting--it can just be an open meeting that is posted.

2.         After the ordinance has been read at the open meeting, it needs to be published in full in the newspaper.

3.         After the ordinance has been published, there must be at least 10 days that pass before the ordinance is presented to the County Commissioners again at another open meeting.  At the open meeting, a County Commissioner just needs to make a motion to adopt the ordinance and the Board votes on it.  The ordinance doesn't need to be read again.

4.         If the Board votes to adopt the ordinance, the ordinance is "recorded in the book authenticated by signatures of the chair and the county clerk and recorder" AND is published in the newspaper again by title only and including the date of the initial publication and reprinting in full any parts that were amended after the initial publication.

5.         The ordinance becomes effective 30 days after the second publication by title.

 

Mr. Ressue then read the Ordinance in its entirety.  There was no formal action taken on this item.

 

3.   WINDSOR-SEVERANCE FIRE CODE ADOPTION:  This is a request for approval for adoption of the 2006 International Fire Code and amendments in the Windsor-Severance Fire Protection District.

Colorado State Law requires the fire districts in Larimer County to get a fire code and amendments adopted through resolution by the County Commissioners before they become effective in unincorporated areas of the County.  The 2006 International Fire Code and amendments have been approved by the Board of Directors for the Windsor-Severance Fire Protection District and they now would like them to be approved within the fire district in the unincorporated boundaries of Larimer County. The Windsor-Severance Fire Protection District is seeking approval from the Board of County Commissioners of the fire code and the amendments.  Larimer County will have no responsibilities for the enforcement of the fire code and amendments.

By adopting the 2006 International Fire Code, the Windsor-Severance Fire Protection District will have a fire code that is compatible with the 2006 International Building Codes that the County has already adopted.  The Fire Code will set standards for existing commercial buildings to be maintained and will help prevent them from becoming fire hazards.  Therefore, the Building Department is very supportive of their adoption.  Notice of the public hearing has been posted in the local newspapers. Enclosed are all the amendments and minutes adopting the 2006 International Fire Code by the Windsor-Severance Fire Protection District.

Staff and the Planning Commission recommend that the Board of County Commissioners adopt the 2006 International Fire Code and amendments and repeal the currently adopted 2003 International Fire Code in the Windsor Severance Fire Protection District in unincorporated Larimer County.

Mr. Lafferty briefly explained the item, as outlined above, and there was no public comment to consider.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the 2006 International Fire Code and amendments, and repeal the currently adopted 2003 International Fire Code in the Windsor Severance Fire Protection District in unincorporated Larimer County.

Motion carried 2-0.

 

4.  SCHLIHS BUILDING & ZONING VIOLATION - FILE #06-CC0147:  The property owners are in violation of uses allowed in the I-Industrial Zoning District (Section 4.1.19 of the Larimer County Land Use Code), and in violation of the Larimer County Board of Adjustment decision on August 24, 1999, denying the owner’s request to have residential uses on the property.  There are three permanent recreational vehicles (RVs) being used and occupied on a full-time basis on the property, including un-permitted sewage disposal systems, as well as a history of outdoor storage of junk, debris and unlicensed vehicles, and an expired 1998 permit for a 4,950 square foot storage building, in violation of the Larimer County Building Code and Larimer County Individual Sewage Disposal System Regulations.

A hearing was held before the Larimer County Board of County Commissioners on Monday, December 3, 2007.  At the end of the hearing, the Board tabled this matter to Monday, April 7, 2008, at 3:00 p.m. 

Junk, debris and unlicensed vehicles were, in the past, accumulating on the property in violation of County regulations.  Staff will inspect the property just prior to this hearing to determine if this is still an issue.

A 13-page event log connected with Code Compliance File No. 06-CC0147 was attached to the original staff report. 

This property is zoned I-Industrial which does not allow residential uses unless outdoor storage is a principal use, in which case the Land Use Code provides that one single-family dwelling occupied by the owner or operator of the storage use is allowed.  However, RVs are not allowed to be used as residential dwellings pursuant to the Building Code.

The owners have been aware the current residential uses have not been allowed on the property since August 24, 1999, when the Larimer County Board of Adjustment denied the owners’ special exception application to have residential uses on the property.

Further complicating this matter is the fact that the property is located in a growth management area which is subject to an Intergovernmental Agreement for Growth Management between the City of Loveland and Larimer County.  This agreement prohibits the County from accepting land-use applications for rezoning, special review and planned land division for property which has any contiguity to the boundary of the City unless the owners of the property first seek a decision concerning annexation from Loveland and Loveland has issued to Larimer County a written denial of the request for annexation.  Because the property is not in an enclave, the City cannot annex the property without a signed petition from the property owner.  The property owner does not wish to submit an annexation petition to the City.  The County cannot accept land-use applications absent a letter from the City of Loveland.

It is staff’s intention to obtain a decision from the County Commissioners based on the facts of this situation while allowing the tenants affected by the decision enough time to find alternate housing sites if the Commissioners agree with staff’s recommendations.

 

Section 4.3.7.H:  Outdoor storage.  A principal use where goods such as recreational vehicles, boats and other large items, are stored outside of a building.  Outdoor storage uses that cannot meet the following requirements require approval through the minor special review process.

 

1.  Outdoor storage as a principal use must be effectively screened from adjacent properties located outside the area that is zoned C-Commercial or I or I-1 Industrial.

2.  All outdoor storage areas must maintain adequate emergency access lanes around and through the outdoor storage areas.

3.  An outdoor storage use, as a principal use, may include one single-family dwelling that is occupied by the owner or operator of the storage use.

4.  Outdoor storage uses must be maintained in an orderly manner with no junk, trash or debris.

5.  Outdoor storage areas must be outside the sight triangle at any driveway or intersection as determined by the Urban Area Street Standards or the Rural Area Road Standards.          

6.  Outdoor storage areas must be located outside any parking, traffic circulation, right of way or landscaping area that serves the site.

 

The property is contiguous to property located within the City of Loveland. 

 

·  City Planning staff confirm they are willing to recommend to the Loveland City Council that the City provide out-of-city sewer and water services up to the property line without annexation, however, the owners would be responsible for bringing the lines into the property and have not applied for out-of-city services to date.  The owner states she is waiting to receive a letter from Greg George, Planning Director, City of Loveland, outlining the steps necessary for City hook-ups. 

·  Hook-up of city utilities will not resolve the issue of illegal residential units being situated in an I-Industrial Zoning District, nor the fact that RVs are not allowed to be used as dwelling units. 

·  Water is currently being obtained from an adjacent property.  See explanation of septic systems below.

·        There are no permitted sewage disposal systems on the property.  Pursuant to the Larimer County Department of Health & Environment, RVs on the upper portion of the property are being served by a community-type waste-water system (no permit found) which, at the time of initial inspection conducted on May 19, 2006, was overflowing sewage from the lid of a tank/receptacle.  Sewage water was also seeping along a hillside below the tank and collecting in a low area at the base of a hill.  Some possible waste water was also seeping along a road cut above the tank. 

·  A 4,950 square foot storage building was permitted under Permit 98-L5450 for private use only—the structure is being rented out to three different companies and is being used for commercial storage purposes.  The Loveland Fire Prevention Bureau released their requirement for a fire hydrant. The only issues remaining under this permit is the need to conduct a final building inspection and the fact that the structure was approved for private storage use only.  See copy of approval report for the permit attached.  The commercial use requires approval through the Planning Department.  The owners indicate they will supply a letter for review by Planning staff summarizing how the building is rented and the level of traffic generated from the rentals.  When the use issue is resolved through the Planning Department, a final building inspection will be scheduled.

·  Staff confirmed the Loveland Fire Prevention Bureau does not require an improved site access plan to allow safe access for Fire Department and other emergency vehicles. 

 

Most important are life-safety issues connected with sewage disposal and water connections.  As well, these violations of the Larimer County Land Use Code negate the general purpose of the Code to maintain and enhance property values.

Staff recommends that the Board of County Commissioners find that violations of the Larimer County Land Use Code, Building Code and Individual Sewage Disposal System Regulations exist, and authorize legal action if junk, debris, unlicensed vehicles, RVs and all un-permitted utilities are not removed from the property before a certain date to be determined by the Board of County Commissioners.

It is staff’s intent that a deadline be established to allow tenants living in the RVs sufficient time to find alternate housing sites as well as provide a date certain to take further action if the deadline set by the Commissioners is not met.

Ms. Dionigi explained the violation as outlined above, noting that this property cannot be re-zoned due to the Intergovernmental Agreement with the City of Loveland, and since it is zoned Industrial, then residential use cannot exist.  Therefore, she has no choice but to recommend that a violation exists.

Property owner Charolotte Schilhs presented a letter to the Board, which explains how the four bay building is being rented and used.  She stated that it is being used for storage purposes, and that there is no water or sewer connected to the building.   Mr. Lafferty stated that the building was approved for personal storage, and that he would need to meet with Mrs. Schilhs to change the use of the building if she plans to continue renting the facility.

Discussion then ensued regarding the use of the RV's as residential homes, which is not allowed in the Land Use Code, nor does the underlying zoning of the area support it.  Mr. Lafferty stated that the residential use could be permitted if the zoning were changed to FA; however, then the Industrial use would not be permitted.   Mr. Lafferty also stated that the RV's could only be approved for use as a short-term solution, and that a more permanent structure would have to be in place for final approval. 

Chair Gibson opened up the hearing for public comment and Jerry Schilhs addressed the Board.  Mr. Schilhs stated that since the building has been in place, they have always been taxed at the commercial rate.

Voltaire Ehrlich, renter of one of the RV's, then addressed the Board.  Mr. Ehrlich stated that he was 86 years old and that it is not true that people cannot live in a RV, as he knows for a fact that this happens all over the community.  He stated that he felt like this is his home and that they are being discriminated against. 

Ron Harmon, renter of one of the RV's, stated that he and his wife are both disabled and they can not afford to move.  Mr. Harmon agreed that although the structure is a travel trailer, it is his home.

There was no further public comment.

Commissioner Rennels stated that it was clear the Mr. and Mrs. Schilhs would need to determine which use was the most important to them, and then pursue that option.  She asked Mr. Lafferty to meet with the City of Loveland, and to outline, in writing, what the options are for each scenario above and all the associated costs for each solution, and then to meet with the property owners in hopes of reaching a resolution. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table this item to May 27, 2008, at 3:00 p.m.

Motion carried 2-0.

 

5.  FRITZ PARCEL C VIOLATION - FILE #05-BV0281:  This matter was tabled to April 7, 2008, from a hearing held on March 10, 2008.  Staff is currently working with the owner, Redcliff Inc., through Mr. Tim Fritz, concerning issues connected with the parcel identified as Parcel C, located at 6803 W. Highway 34 in Loveland, Colorado to resolve the remaining issue of an apartment located in one of the retail buildings.

Ms. Phippen explained that the property owners have agreed to pull a permit for the apartment and she requested additional time to continue working with the owners in order to resolve this issue.   The owners were not present and there was no public comment on this item.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table this item to May 27, 2008, at 3:00 p.m.

Motion carried 2-0.

 

The hearing recessed at 4:20 p.m.

 

LAND USE HEARING

(#192)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Brenda Gimeson, Rural Land Use Center.  Chair Gibson presided, and Commissioner Rennels was present.  Also present were:  Frank Lancaster, Commissioners’ Office; Geniphyr Ponce-Pore, Rural Land Use Center; Doug Ryan, Environmental Health Department; Christie Coleman, Engineering Department; Cindy Clay, Clerk & Recorder’s Office; Bill Ressue, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

 

1.  ROTH II PRELIMINARY RURAL LAND USE PLAN - FILE #07-S2742:  This is a request for preliminary approval to divide 320 +/- acres into 18 single-family residential lots on about 90 acres.  The remaining 230 acres will be protected from further development for a minimum of 40 years and will continue to be used for agricultural purposes.  The property is located in the north half of Section 35, Township 10 North, Range 69 West of the 6th P.M., Larimer County, Colorado; generally located approximately 7 miles northwest of Wellington, at the southwest corner of County Roads 15 and 76 and the southeast corner of County Roads 17 and 76.  The property is zoned O-Open. 

 

The proposal for the Roth II Preliminary Rural Land Plan is to divide 320 +/- acres into 18 single-family residential lots on about 90 acres.  The remaining 230 acres will be protected from further development for a minimum of 40 years and will continue to be used for agricultural purposes.  There are 3 existing home sites on the property.  These existing homes are located on the proposed Lots 7, 8, and Residual Lot C.  This proposal will create a total of 18 single-family residences plus one agricultural accessory dwelling.  Lots 1-17 will each be allowed one single-family residence. Residual Lot C will contain a 5-acre building envelope for one single-family residence, an agricultural accessory dwelling and agricultural buildings.  Residual Lots A and B and D will have a 1-2 ½ acre building envelope for agricultural support buildings only, no dwellings.

 

Under the current O-Open zoning district (1 home site per 10 acres), up to 32 single-family residential homes could potentially be built if approved through the County’s Conservation Development (CD) process.  As a 35-acre development, the property could be developed with up to nine (9) home sites.  The maximum through the Rural Land Use Process is 18.  The surrounding properties consist of mostly 35-acre and larger parcels with some smaller 10 acres lots located to the south about ¼ mile and the Horseman Hills subdivision created in 1973 with lots ranging from 2.5 to 6 acres in size located to the south about 1 mile.  The 1st Roth RLUP is located ½ mile to the north, the Boresen RLUP is located ½ mile to the east, and the Antelope Run Estates RLUP is located 1 ½ miles to the east.  The proposed density of the Roth II Rural Land Use project, one unit per 17.7 acres, appears to be compatible with the neighborhood.  There is significant development pressure in this area for 35-acre parcels and smaller residential lots, if available.  This pressure is caused by general growth along the Front Range, as well as by pressure specifically associated with growth in Fort Collins, Waverly and Wellington. 

 

The property is largely irrigated agricultural land and is currently farmed by the owner.  Two center pivots exist on the property.  The residential lots proposed with this plan have been designed to accommodate the pivots and the continued irrigation and cultivation of this farmland. 

 

Existing and Proposed Conditions

Lot #

Existing Conditions

Proposed With This Application

Lots 1-6

Agricultural use

One single-family residence per lot

Lots 7-8

Existing single-family residences and agricultural support buildings

Existing single-family residences and agricultural support buildings

Lots 9-17

Agricultural use

Single-family residences

Residual Lots A, B, and D

Irrigated agricultural land

Irrigated agricultural land with building envelope for agricultural support buildings

Residual Lot C

One existing single-family residence and irrigated agricultural land

Irrigated agricultural land, existing single-family residence, agricultural accessory dwelling, and agricultural support buildings.

 

The undeveloped portion of the residual lots for the proposed Roth II RLUP will be restricted for agricultural uses.  These new residual lots (about 230 acres or 72% of the total acreage) will be protected from further development for a minimum of 40-years.  This project’s proposed home sites are designed around the irrigation pivots, supporting the continued use of irrigated farmland.  The residual land parcels will be maintained under management/use plans to foster their long-term health.  The owners of the residual land parcels will be responsible for maintaining the residual land and for providing a periodic monitoring report(s) to the County. 

 

On-lot wells are proposed for Lots 3-6 and Lots 10-12.  The remaining lots will be served by Northern Colorado Water Association.  The three existing home sites are currently served by Northern Colorado Water Association.  Each lot will have individual septic systems.  The proposed design assures adequate soils for septic systems, the preservation of the irrigated agricultural lands, and removes the ability to further subdivide the property.  The applicant is proposing appropriate architectural guidelines for this project to mitigate the visual impact of the proposed new residences and associated structures.  

 

A neighborhood meeting was held on November 29, 2007, at the Wellington Comfort Inn in Wellington.  Approximately ten area residents attended.  The main concerns voiced were regarding the proposed wells and how they will affect existing wells in the area, architectural controls on the new lots, continued irrigation patterns, and the number of access points. 

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.

 

MAJOR CONCERNS AND ISSUES:  Proposed on lot wells and affects on surrounding properties and their existing wells

 

Colorado Revised Statute 30-28-401-404 allows for the issuance of well permits in Rural Land clustered developments.  This Statute allows for one well for each single-family residential lot, not to exceed two units for each thirty-five acre increment.  It is assumed by the Division of Water resources that the wells at this level will have no material injury to vested water rights of others. 

 

If this property were to be divided into 35-acre parcels, 9 well permits could be issued with each well drawing 1-acre foot of water per year.  As proposed, this project could technically have up to 18 well permits issued with each well drawing ½ acre foot of water per well per year.  This proposal is requesting 7 new wells with the remaining 11 single-family home sites being supplied with public water.  

 

The Larimer County Health Department and the surrounding community voiced concerns regarding the impact of new wells on existing wells in the area.  The applicants were asked to hire a hydro-geologist to perform an initial study and determine the extent of the impact.  That study is attached. 

 

Conclusions from the study indicate that further fieldwork should be completed to investigate the local hydro-geologic conditions or that wells should be limited to the Terrace deposit.  Even though the County can make a condition of approval to address this, enforcement is difficult because we are not the agency that issues the well permits.  It is unclear the extent of our authority to dictate to the State Engineer’s office what type of well permit can be issued.

Staff has proposed a condition of approval that the wells be limited to the Terrace deposit and which requires the company drilling the well to certify to the County that the well and its impact was limited to the Terrace deposit.  This certification would be required prior to building permit issuance.  (See Condition of Approval #6.)

 

ACCESS POINTS:  The Planning Department and surrounding community voiced concerns regarding the number of access points proposed.  The design of the project, the large acreage, and the space between the lots, have all determined the most logical points of access; access points have been combined as much as possible.  The Larimer County Engineering Department stated no concerns regarding the number of access points.  Engineering did request that any new points of access meet the standards of 330 feet from other driveways on Larimer County Road 15, and 100 feet from other driveways and from intersections on Larimer County Roads 17 and 76. 

 

County Road 15 will have 2 new access points along with a field access within a ½ mile distance (2640 feet), County Road 76 will have 6 access points plus a field access within a 1 mile distance (5280 feet) (4 of them already exist and Lot 7 and 8 are not able to combine their access points without removing some very old and large trees, which Staff does not support) and County Road 17 will have 2 access points along with a field access within a ½ mile distance (2640).  There appears to be sufficient sight distance and spacing between each one.

 

The applicants will verify compliance with site distance at the time of final plat and again when the access permits are issued.  (See Condition of Approval #4.)

 

Six referral responses were received from the technical referral agencies:

Larimer County Engineering Department:   Major areas of concern are as follows:

 

1.   Drainage paths and basins for historic flows must be identified and preserved.  Effective drainage paths for new development must be provided.  All building envelopes must be sited so that they do not interfere with existing drainage patterns.  (See Condition of Approval #8.)

 

2.   This project will access off of LCR 15, LCR 17, and LCR 76.  The Larimer County Transportation Plan, adopted in November of 2006, functionally classifies LCR 17 and LCR 76 as Minor Collectors that require an 80 foot right-of-way (40 foot half right-of-way).  The Larimer County Transportation Plan, adopted in November of 2006, functionally classifies LCR 15 as a Major Collector that requires a 100 foot right-of-way (50 foot half right-of-way).  In the next submittal, the existing and any proposed dedicated right-of-way necessary to satisfy this requirement must be delineated on the final plat. Staff requests that any additional right-of-way dedications are noted on the plat as “## feet (## ac) of additional right-of-way dedicated with this plat”. (See Section 9.7 of the LCLUC.  (See Condition of Approval #2.)

 

3.   Please confirm that the proposed accesses meet the access spacing of Table 10-1 of the Larimer County Rural Area Road Standards.  The accesses off of LCR 15 should be a minimum of 330 feet from other driveways.  The accesses off of LCR 76 and LCR 17 should be a minimum of 100 feet from other driveways and from intersections.  (See Condition of Approval #4.)

 

4.   The County engineering department requests that if possible all existing fences and structures be moved out of the existing and proposed dedicated right-of-way as part of this development proposal and that any new or replacement fences be moved out of the proposed right-of-way.  (See Condition of Approval # 3.)

 

5.   Access permits will be required at time of construction for all access points serving this development.  As part of this permit, a sight distance evaluation will be completed for each access point.  (See Condition of Approval #4.)

 

6.   Stormwater construction permit requirements will apply for this development and a stormwater management plan will be required before commencing construction of the project.  (See Condition of Approval #5.)

 

Larimer County Department of Health and Environment:  Major areas of concern are as follows:

 

Water:  Domestic water for the single-family residences will be supplied by a combination of taps from the Northern Colorado Water Association and individual wells.  The southern tier (Lots 3, 4, 5, 6, 10, 11 and 12) will be served by new wells.  State statutes provide for the issuance of restricted well permits for lots in Rural Land Use developments. Those permits must be obtained from the Colorado Division of Water Resources prior to obtaining building permits. 

 

Health Department staff is concerned about groundwater availability and the potential impacts on existing wells in the area.  Staff is aware from public comment that that well water availability is an on-going concern in this general area.  Because Health Department Staff is concerned about the related impact on the surrounding wells and that impact affecting the feasibility of this project, the Health Department Staff recommended a study be performed before the public hearing to allow the public and the County Commissioners to have access to the report prior to making a decision on the preliminary plan. 

 

The applicant did complete the recommended study (see attached report) and the Health Department has had a chance to review the findings.  A condition of approval has been placed on the project that will require a certification be given to the Rural Land Use Center that the new wells have been limited to the Terrace deposit before any building permits will be issued.  (See Condition of Approval #6.)

 

For those lots that will be served by public water, the County’s Land Use Code contains level of service standards for domestic water service in Section 8.1.2.  In order to demonstrate compliance with those standards, the applicant will need to obtain a letter of commitment from the Association for inclusion with the final plat submittal.  The letter of commitment needs to 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 also needs to address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code.  (See Condition of Approval #7.)

 

Sewer:  Sewer will be provided by individual on-site septic systems.  A preliminary indication of the suitability of the property for these systems can be obtained by examining the County soil survey.  There are three soil groups on the property; the Satanta and Stoneham loams cover most of the site, and the Larim gravelly sandy loam occurs in the extreme northeast and southwest corners.  These are high quality soils that are generally suitable for conventional septic systems. 

 

Outlots A and B contain irrigation storage ponds.  It is requested that sewer absorption fields be set back a minimum of 100’ from the ponds.  This appears feasible, given the lot size and soils.  The other constraint noted during the site visit is the low wet area in the southwest corner of the property in the area of Lot 4.  The Health Department staff noted it would be helpful to inventory the site conditions in this area as they relate to surface drainage, possible wetlands and groundwater levels.  It would then be possible to map the upland and lowland portions of the site in order to evaluate whether the upland portion is large enough to support residential development.  Health Department Staff recommends that such an evaluation be performed to support the final plat submittal.  (See Conditions of Approval #9 and #10.)

 

Petroleum Pipeline

The Sinclair petroleum pipeline crosses the northeast corner of the project in the area of Lots 15 and 16.  The need to provide adequate buffering from the pipeline should be carefully considered in the design.   Health Department Staff recommends that the pipeline company and Wellington Fire District be consulted regarding the issue of determining adequate setbacks and buffers.  Health Department Staff also recommend that residential development be limited to one side of the pipeline.  This means that there needs to be adequate area (at least 2.5 acres) to support development of the house and septic system without crossing the pipeline.  The Health Department suggested the ideal way to address this is to design the project so that the pipeline runs in an easement along common lot lines.  However, if such a redesign is not feasible, the Health Department Staff recommended that the lots involved be designed to contain a minimum of 2.5 acres on the development side of the pipeline.   (See Condition of Approval #11.)

 

Larimer County Building—Addressing Coordinator:  

 

There are no significant concerns with the initial submittal of the preliminary plat for this proposed development.  The lots using a shared access will need to be named.   (See Condition of Approval #2.)

 

Larimer County Planning Department: 

 

1.   The Planning Staff noted a concern with possible multiple access points on the county roads. 

 

This issue was addressed in major concerns and issues area of this staff report; the applicants will be required to meet sight distance requirements.  (See Condition of Approval #4.)

 

2.   There were some concerns raised about the length of the access road to Lots 5, 6, 10, 11, 12, and 13.  The Planning Staff made a suggestion that there could be potential for coordination with land owners to the south for an alternate access to lots 5 &6 and 10 & 11 that might not require the length of new roads.

 

The applicants state that this is not possible and no easements are available. 

 

3.   The Planning Staff also had concerns about the proposed wells and their impact to adjoining properties.

 

This issue was addressed in the major concerns and issues area of this staff report.  (See Condition of Approval #6.)

 

Larimer County Parks and Open Lands Department: 

 

Larimer County Parks and Open Lands Department supports the preservation of agricultural lands in this area.  This proposal is within the Buckeye/Waverly Important Agricultural Lands identified in the 2001 Open Lands Master Plan.  Parks and Open Lands supports that the residual parcels will continue to support a viable agricultural operation.

 

Northern Colorado Water Association (NCWA): 

 

The application states that water for a portion of the development will be provided by NCWA. NCWA states that although the site is within their existing service area, they are currently not selling new taps in this particular area due to limited supply capabilities. They also state that they have initiated the process to increase supply capability to this area and it is their intention to sell taps in this area in the future.  However, due to various factors beyond their control, at this time they cannot provide a date for which new taps will be available.  Therefore, water service to this proposed development is not available form NCWA at this time.

 

The applicant is proposing this development with 7 new wells and the remaining 11 lots being provided with water from Northern Colorado Water Association when it becomes available.  The developer will be required to provide public water to Lots 1 and 2, Lots 7-9, Lots 13-17, and Residual Lot C before any of those lots can be sold.  The applicant is aware of the risks involved in getting approval for the project when public water is currently not available and is asking to move forward based on the plans for the Northern Colorado Water Association to provide water in the future. 

 

This same request was approved on the Roth RLUP just ½ mile to the north.  The exact language used in the first Roth RLUP Development Agreement was as follows:  Water to Lot 1 is supplied by an existing well.  Water to three of the other seven lots (i.e., Lots 2-8) must be supplied by a public water supply.  Water to four of the other seven lots may be supplied by either a public water supply or by an on-lot well.  All new wells must be located at least 200 horizontal feet from any other wells (on or off-site).  Well permits must be obtained from the Colorado Division of Water Resources prior to issuance of any building permits.

For lots served by public water, Developers shall obtain such public water source from Northern Colorado Water Association.  Developers shall install the water system improvements necessary to  service the Property in the manner provided on the approved utility plans.  The water supply system shall be subject to inspection by Northern Colorado Water Association during construction.  Developer shall submit a letter of acceptance from Northern Colorado Water Association for the maintenance and responsibility of all water supply improvements prior to the release of building permits.

 

Developers shall execute a Lot Sale Prohibition agreeing that Lost 2-8 cannot be separately sold or conveyed unless and until Developers provide to County a written designation stating whether water for the lot proposed to be sold, transferred or conveyed will be supplied by an on-lot well or by public water.  The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with Lots 2-8.  Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for that lot.  In addition to any other legal or equitable remedies, County may withhold building permits or certificates of occupancy if water to the lot is supplied by a source other than that stated in the designation.

 

Staff is proposing similar language be used for Roth II RLUP.  (See Condition of Approval #7.)

 

Sinclair Pipeline:   The comments sent to our office were sent during a previous referral dated in 2006.  Even though Sinclair Pipeline did not comment during this referral period, Staff believes the previous comments are still applicable, and have been addressed.

 

The main concerns from their previous comments were that Sinclair Pipeline Company operates a 6" petroleum products pipeline that goes through the northeast comer of Section 35, Township 10 North, and Range 69 West and they are concerned about public safety.  They requested that Sinclair's written approval be required of the applicant prior to any permitting of structures on lots 15, 16 and 17 of the plan as they want to make certain that any construction activity does not impact the pipeline's safety into the future. This includes reducing the amount of cover on the pipeline through grading of these lots. Before any excavation activity occurs we would urge the applicant to submit notification to the Utility Notification Center of Colorado (UNCC) so that all underground utilities can be located.  Although not required, Sinclair would urge the Rural Land Use Center to require an additional 20'setback to any structures from the limits of the right of way easement.  (See Condition of Approval #11.)

 

North Poudre Irrigation: The comments sent to our office were sent during a previous referral dated in 2006.  Even though North Poudre Irrigation did not comment during this referral period, Staff believes the previous comments are still applicable and have been considered.

 

North Poudre Irrigation’s referral stated the Buckeye Lateral should have a 25’ easement on either side of the ditch and a copy of such should be produced.  North Poudre also requested that the potential lot owners adjacent to the Buckeye Lateral not interfere, impede, or restrict the ditch company's access, use of, or maintenance of the ditch easement. This could include but is not limited to vinyl fencing, gates, planting of trees, the restriction of burning the ditch, the application of herbicides to control weeds, use of the ditch road for any other purpose than the operation and maintenance of the Buckeye Lateral.  They are concerned that if additional crossings of the ditch will be required, the applicants of this development should be required to permit the crossing through the ditch company.  The development plan indicates that one share of North Poudre Irrigation Company stock will be reserved for running rights; the current position of the ditch company is that one individual should be designated as contact person who will place the water order for all the lot owners. If this requirement is not complied with, it is the ditch company's position that water will not be delivered until this requirement is met.  The North Poudre Irrigation Company would like to request additional details regarding if there is going to be a HOA for this development and if so, they would like to see that HOA document/covenants include some of their concerns. 

 

This development will comply with Section 8.8 of the Land Use Code that requires easements be given to the ditch company.  (See Condition of Approval #12.)

 

All other requests would be handled by the applicant through the HOA covenants.  Staff is not making those comments conditions of approval.   

 

This proposal is consistent with the policies set in the Rural Land Use Process which is in Section 5.8 of the Larimer County Land Use Code:

 

Staff supports the Roth II Preliminary Rural Land Plan and finds the application:

·   Supports the continuance of the farm operation consistent with the RLUP.

·   Supports conservation values, including the preservation of irrigated agricultural land. 

·   Is generally compatible with the existing neighboring land uses.

·   Supports the continued use of water for a farming operation and preserves water as an agricultural resource.

 

Additionally, support for this proposal considers possible other development options for this property, specifically an increase of residential units that are possible under the existing zoning and the general development pressure within the immediate area for small lots.

 

As proposed, this project will also provide the following long-term benefits to citizens of Larimer County:

 

·  Protection of existing agricultural operation and the irrigated farmland.

·  Transportation capital expansion fees received from the project.

·  School and park fees received from the project.

·  Fewer residences than likely allowed through existing zoning.

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

 

This project was reviewed by the Rural Land Use Advisory Board on Monday, March 17, 2008.  The main concern of the Board was the lack of public water supply in this area and the impacts the proposed wells could create on the surrounding wells in the area.  There was some concern that about what happens if public water is never available and some questions about what might be proposed if that were to happen.  

Rural Land Use Advisory Board Recommendation:  Secretary Korb moved to recommend the project as submitted with the conditions of approval that the new wells be limited to the terrace deposit as outlined in the hydro-geology report and certification from the well-driller be provided before any permits can be issued, and where public water is to be supplied, no alternate source can be provided in the future, such as cisterns or a well.  Member Hatfield seconded the motion and vote passed.

Additional discussion followed. Members Jackson and Colton voted in opposition to the motion based on Secretary Korb’s recommendation to disallow probable wells and/or cisterns as an alternative water source on the lots committed to domestic water if public water should not become available; commenting that situations do change.

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

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Roth II Rural Land Plan (File # 07-S2742) 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 Roth 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.  The owners shall dedicate a 40 foot half right-of-way along Larimer County Roads 17 and 76 and shall dedicate a 50 foot half right-of-way along Larimer County Road 15.  This dedication shall be shown on the final plat.  Road names and addressing shall meet standards in the “Road Naming and Site Addressing System Resolution”. 

3.   If existing fencing is located in the dedicated right-of-way, applicants shall enter into a binding fence removal agreement with the County which, at the request of the County, shall obligate the owners to remove, at their expense, the existing fences in the dedicated half ROW.  No new fences or buildings shall be allowed in the half ROW; however repair and maintenance of existing fences shall be allowed.  The fence removal agreement shall be reviewed and approved by the County Attorney. 

4.   Applicant must obtain an access permit from the Larimer County Access Coordinator prior to commencing any construction on the project.  Before designing roads, applicant and applicant's engineer must contact the Larimer County Access Coordinator to discuss access design requirements.  Applicant shall comply with all such design requirements. 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 access design requirements.

5.   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.  Applicant shall comply with all such design requirements.  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.

6.   On-lot wells will be provided for Lots 3-6 and 10-12 in this project.  New wells shall be limited to the Terrace deposit as called out in the hydro-geologic Assessment report on file at the Rural Land Use Center.  Before any building permit can be issued for these lots, a certification from a well driller shall be provided stating the well drilled and its impact was limited to the Terrace deposit.

7.   Public water shall be provided for Lots 1-2, 7-9, 13-17, and Residual Lot C this project.  Developers shall obtain such public water source from Northern Colorado Water Association and shall install the water improvements necessary to service the Property and developer shall submit a letter of acceptance from Northern Colorado Water Association for the maintenance and responsibility of all water supply improvements prior to any lot sale.  This water distribution system 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 also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code.

8.   Any building envelopes shall be located outside the floodplain and drainage areas and shall meet minimum setback requirements listed in the Larimer County Land Use Code. 

9.   Septic systems must be located a minimum of 100’ from the irrigation storage ponds located on Outlots A and B. 

10.   There is a low wet area in the southwest corner of the property in the area of Lot 4.  An inventory of the site conditions in this area as they relate to surface drainage, possible wetlands, and groundwater levels, must be provided and approved by the Health Department prior to final approval.

11.   A 20’ setback will be required from the existing pipeline easement located on Lots 15, 16, and 17.  Sinclair pipeline must be consulted about the placement of the building envelopes before final approval.  The design of the lot must support enough acreage for the development of the house and septic system without crossing the pipeline and the design must be approved by the Health Department prior to final approval. 

12.   Permanent easements shall be granted to the ditch company in accordance with Section 8.8—Irrigation facilities of the Land Use Code.

13.   Automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district.

14.   The residual land protective covenant and use plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval. 

15.   Restrictive covenants, including provisions for internal road maintenance, small acreage management, architectural guidelines, and other requirements must be reviewed and approved by the Rural Land Use Center Director prior to final plat approval.

16.   The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval.

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

18.   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 1-17 and/or Residual Lot(s) A-D cannot be sold, transferred or conveyed unless and until Developers provide to County a written designation stating that all the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed.  The Lot Sale Prohibition 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, County will provide to Developers a release of the Lot Sale Prohibition for particular lot(s) 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 5’ or less from the boundary of the building envelope, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope prior to the approval of the footing and foundation inspection.  This shall be accomplished by a written certification by a Colorado Licensed Surveyor.

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

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

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

k)   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.

l)   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.

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

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

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

p)   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.

q)   At time of real estate closing, owner shall provide purchasers of residential lots and Residual Lot(s) A-D with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County.

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

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

 

Ms. Gimeson displayed a power point presentation that described the proposal as outlined above.  She noted that there were some concerns with the proposed lots wells and the affect this could have on the surrounding properties. 

Mr. Ryan explained this is a unique application as it is a request for a mix of water supply sources.  Some of the water will be supplied via wells, and some via public water.  Mr. Ryan stated that he had asked the applicant to conduct a hydro-geology study to determine the availability of water.  The applicants did conduct the study and Mr. Ryan reviewed the results, which revealed two aquifers, one on top of the other.  Mr. Ryan stated that it appears that the wells could be drilled to the upper aquifer without negative impacts to the water tables.  However, he recommended further research and field testing to confirm this.

Greg Feit, representative for the applicant, stated that this is a straightforward application, and he would be happy to respond to any questions the commissioners might have. 

Chair Gibson opened up the hearing for public comment and Rhonda Kowski questioned the depth and the development of the wells.  Commissioner Rennels explained that the property owners would have to apply for a well permit as the homes are developed. 

Ginger Montgomery asked about the homes that do not have wells proposed, and Ms. Gimeson explained that they will be obtaining public water taps, and will not be digging wells.

Wayne Roth, the applicant, stated that he has owned his land for 24 years, and that it is all organic, and he believes that the water will be available for many years into the future. 

Mark Stacy conducted the hydro-geology study, and stated that they feel comfortable with what they have discovered so far with regards to water availability; however, they will be conducting further studies.

Some discussion ensued regarding access points, and water rights.   Ms. Gimeson stated that the Homeowners Association does not have any water rights, and that the water is maintained by the farming operation.

Commissioner Rennels thanked Mr. Roth for conducting the study and the Board supported this Rural Land Use application.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the Roth II Preliminary Rural Land Plan subject to the conditions recommended by the Rural Land Use Center Staff. 

 

Motion carried 2-0.

 

The hearing adjourned at 7:15 p.m.

 

TUESDAY, APRIL 8, 2008

 

ADMINISTRATIVE MATTERS

(#193)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster.  Chair Gibson presided and Commissioner Rennels was present.  Also present were:  Neil Gluckman, Gary Darling, Donna Hart, and Deni LaRue, Commissioners’ Office; Brenda Carns, Mary Atchison, and Paula Watson-Lakamp, Fort Collins Regional Library District; Bruce Peters, and Ingrid Rosoff, Health Department;  Jerry White, Engineering Department; K-Lynn Cameron, Natural Resources Department; Larry Timm, and Candice Phippen, Planning Department;  Major Bill Nelson, and Major Justin Smith, Sheriff’s Department; Carol Block, Finance Department; Laurel Kubin, Extension Office; Andy Paratore, Facilities and Information Technology Division; Linda Connors, County Attorneys' Office; Cindy Clay, and Gael Cookman, Deputy Clerks.

 

1.   PUBLIC COMMENT:  Mark Young addressed the Board with his views on the recent adoption of a policy that extends health benefits to domestic partners.  Mr. Young stated that in his opinion this caters to the wishes of homosexuals under the guise of “diversity.”  He requested that the Board of County Commissioners reverse this decision.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 31, 2008:  Approval of the minutes was tabled until next week, as Commissioner Eubanks was not in attendance, and Commissioner Rennels was absent from all meetings during the week of March 31, 2008.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK APRIL 14, 2008:  Ms. Hart reviewed the upcoming schedule with the Board.

 

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 April 8, 2008:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petitions for Abatement are approved:  Phil and Cynthia McClure; John and Maria Greear Living Trust; John and Shirley Burns; Linda Hoffman; Brian and Virginia Wood; Robert and Candyce Karulf.

 

04082008A001           LAW ENFORCEMENT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THROUGH THE LARIMER COUNTY SHERIFF’S DEPARTMENT, AND THE TOWN OF TIMNATH

 

04082008R001           FINDINGS AND RESOLUTION DENYING THE W.O.L.F. AMENDED SPECIAL REVIEW

 

04082008R002           FINDINGS AND RESOLUTION DENYING THE RESTHAVEN MEMORIAL GARDENS AMENDED SPECIAL REVIEW

 

04082008R003           FINDINGS AND RESOLUTION APPROVING THE BENGLEN SUBDIVISION PRELIMINARY PLAT

 

04082008R004           RESOLUTION SETTING A PUBLIC HEARING ON THE PROPOSED ASSESSMENT ROLL FOR LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 2007-1

 

MISCELLANEOUS:  Public Trustee Fourth Quarter Report and Annual Report for 2007; Department of Human Services Payments for February 2008.

 

LIQUOR LICENSES:  The following permit was approved:  Jercat LLC, dba Hideout Patio Bar & Grill – Change Address – Fort Collins.

 

Motion carried 2-0.

 

5.   NATIONAL LIBRARY WEEK PROCLAMATION:  Ms. Carns explained that there would be many activities scheduled at both the main library and the Harmony library in order to recognize National Library Week.  Commissioner Rennels read the proclamation aloud.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners proclaim the week of April 13 - 19, 2008, as National Library Week.

 

Motion carried 2-0.

 

 

6.  REQUEST FOR ADDITIONAL GRANT FUNDED FULL TIME EQUIVALENT FOR THE WOMEN INFANTS AND CHILDREN (WIC) PROGRAM:  Mr. Peters requested approval to add staff to meet the needs of the public with regards to the WIC program.  Ms. Rosoff explained the WIC program, noting that the primary goal was to provide nutritious foods and supplements for low income families.  Mr. Peters explained that the positions would be grant funded and should that funding be eliminated, then the staff and caseload would also have to be reduced.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve a .10 FTE additional Nutritionist position and .90 FTE WIC Educator I position for the grant funded WIC program.

 

Motion carried 2-0.

 

 

7.  RESOLUTION AUTHORIZING SIGNATURE ON STATE AND FEDERAL FORMS FOR CONSERVATION EASEMENTS:  Mr. White explained that an "authorized" signature is required when certain forms are completed for federal and state agencies, regarding conservation easement held by Larimer County Open Lands Program.  He requested the Board approve a resolution authorizing signature authority for certain individuals involved with the Open Lands Program.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners authorize Gerald L. White, K-Lynn Cameron, and Charlie Johnson to sign state and federal forms related to conservation easements.

 

Motion carried 2-0.

 

04082008R005           RESOLUTION AUTHORIZING SIGNATURE ON STATE AND FEDERAL FORMS FOR CONSERVATION EASEMENTS

 

8.  APPROVAL TO FUND THE USDA'S CHANGE IN SCOPE FOR THE MIDDLE BALD MOUNTAIN ENVIRONMENTAL IMPACT ASSESSMENT:  This item was tabled to next week so that Commissioner Eubanks could participate in the discussion.

 

9.  REQUEST FUNDING FOR FORT COLLINS CHAMBER SPEAKER SERIES:   Mr. Lancaster explained that for the last few years, the Fort Collins Chamber of Commerce has brought a nationally renowned business speaker to Fort Collins.  He stated that this year the Chamber is bringing Dan Heath, the co-author of "Made to Stick. Why Some Ideas Survive and Others Die."  Mr. Lancaster requested the expenditure of $3750 from the Commissioners' Special Projects Fund, in order for Larimer County to participate as a "Silver" level sponsor, which would provide 35 tickets for county employees to attend the event.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the expenditure of $3750 from their Special Projects Fund to be a sponsor of the Fort Collins Area Chamber of Commerce Speaker Event.

 

Motion carried 2-0.

 

10.  APPROPRIATION OF CARRYOVER FUNDS FROM 2007:   Mr. Lancaster reviewed the budget requests as they relate to carryover funds from 2007.  Discussion ensued regarding many of the line items, but no action was taken, as the Board wished to wait until Commissioner Eubanks had the opportunity to review the proposed appropriations.

 

11.  WORKSESSION:   Mr. Lancaster explained that the county policy for mileage reimbursement is adjusted each year, to coincide with the federal government mileage rates.  He noted that the federal government recently raised the mileage reimbursement rates, due to the increase in the cost of gas.  Mr. Lancaster stated that the county policy does not address mid-year adjustments to mileage reimbursement, and asked the Board if they wished to consider raising the county mileage reimbursement.  The Board was in favor of increasing the mileage reimbursement, and Mr. Lancaster will ensure that the policy is updated to accommodate future mid-year adjustments in mileage reimbursements.

 

Mr. Lancaster then noted that this evening was the last night that the Mayor of Estes Park, John Baudek, would be in office; he presented a letter of appreciation for the commissioners to sign thanking the Mayor for his service. 

 

Mr. Lancaster then presented a request for the Board's support of the Old Fashion Political Rally to be held at The Ranch. 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners authorize the expenditure of $475 from their Special Projects Fund to support the Old Fashion Political Rally at The Ranch.

 

Motion carried 2-0.

 

Finally, Commissioner Rennels asked for the ability to form a focus group that would address the issues of the growing number of horse boarding and horse training facilities that are increasing in numbers throughout the County.  She suggested that they schedule a luncheon meeting and provide the lunch, which should cost no more than $100.  The Board agreed with this proposal.

 

12.  COMMISSIONER REPORTS:  The Board reviewed their activities during the previous week.

 

13.  LEGAL MATTERS:  Ms. Connors joined the meeting at this time and requested that the Board go into Executive Session (affidavit provided).

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session regarding authorization to commence legal action on a zoning violation as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 2-0.

 

The meeting recessed at 11:05 p.m., with no further action taken.

 

 

ABATEMENT HEARING

(# 194)

 

The Board of County Commissioners reconvened at 1:30 p.m. for an Abatement Hearing.  Chair Gibson presided and Commissioner Rennels was present.  Also present were:  Ann Sepulveda, and Ann Piccone, Assessor’s Office; and Cindy Clay and Gael Cookman, Deputy Clerks.

 

 

ABATEMENT HEARING FOR KEITH AND ERMA HOLCOMB - PARCEL NUMBER 97134-08-238:  Ms. Sepulveda presented photos and described the subject property.  She then reviewed the comparables that were used to arrive at the assessed value of $210,738. 

 

Erma and Keith Holcomb presented their comparables; one of which was outside the timeframe allowed for consideration and could not be used as a comparable. Mrs. Holcomb stated that a realtor told her their home could sell for $180,000.  Discussion ensued regarding whether or not the median value per square foot should be used instead.  Ms. Sepulveda noted that if the square footage method was used, then it would actually increase the value of the subject property to $213,000. 

 

Mrs. Holcomb was insistent that the process was not explained well enough to her and her husband.  She stated that if there was a limitation on the time frame of sales comparables that she could use, this should have been explained to her.  The Board was inclined to either reduce the value of the subject property to $199,000.00, or allow the Holcomb's more time to conduct research to obtain comparables within the proper time frame.  The Holcomb's stated that they would just prefer the Board make a decision today.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Petition for Abatement and Refund of Taxes for Keith and Erma Holcomb, Parcel Number 97134-08-238, for tax year 2007, and adjust the value to $199,000.

Motion carried 2-0.

 

The hearing adjourned at 3:00 p.m., with no further action taken.

 

 

 

 

__________________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk

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