PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, FEBRUARY 1, 1993
SUBDIVISIONS
(#70, #25 & #27)
The Board of County Commissioners met at 9:00 a.m. in regular session
with John Barnett, Director of Planning. Chairman Hotchkiss presided;
Commissioners Disney and Duvall were present. Also present were: Russ
Legg, Development Processing Administrator, Al Kadera, Subdivision
Administrator; John Pedas, Code Enforcement Officer; Jill Bennett,
Comprehensive Planner; Elaine Spencer, Director of General Engineering
Services; Jerry Blehm, Public Health; Jeannine Haag, Assistant County
Attorney; and Bill Gordon, County Administrator. Recording Clerk, S.
Graves.
Mr. Barnett advised the Board that the following are consent items and
will not be discussed in detail unless specifically requested by the
Commission or members of the audience.
1. WINDCLIFF ESTATES AMENDED EASEMENT VACATION (#92-OSO191): 10-04-73;
FIVE MILES SOUTHWEST OF ESTES PARK OFF COLORADO HIGHWAY 66;
E-1 ESTATE ZONING (2-1-93)
This is a request to vacate a water line easement which crosses the
property. Staff Findings include: 1) Windcliff Estates Fifth Filing was
approved in 1976. The original approval included a 6-foot water line
easement to benefit the lots downstream from this lot; 2) The downstream
lot owners, who benefit from the existing easement, have quit claimed
their interest in this easement to the owner of this lot. The water
line has been relocated to another easement; therefore, there does not
appear to be a need for the water line easement; 3) Vacating the
easement will permit the construction of a single family dwelling on
this lot that otherwise would have encroached upon the easement.
Staff Recommendation is for Approval of the request to vacate the 6-foot
Water Line Easement on Lot 1, Block 11, Amended Plat of Lots 10, 11 and
12, Block 11, Windcliff Estates Fifth Filing.
2. MEADOWDALE HILLS AMENDED PLAT (#92-SA0193): NW 34-05-72; 2 1/2 MILES
SOUTHEAST OF ESTES PARK ON THE NORTH SIDE OF U.S. HIGHWAY 36;
1.95 ACRES; 2 LOTS; O-OPEN ZONING (2-1-93)
This is a request for an Amended Plat of Lots 33 and 34, Meadowdale
Hills First Filing, to adjust lot lines near Pine Tree Drive, so that
the well for Lot 33 is located on Lot 33. Lot 33 is vacant; Lot 34 has
an existing residence. Staff Findings are: 1) Meadowdale Hills
Subdivision First Filing was recorded in July 1963; 2) The proposed
Amended Plat would adjust a boundary line, so that the well for Lot 33
is located on Lot 33; 3) The County Health and Engineering Departments
have reviewed the proposed Amended Plat and stated no objections; 4) All
utility companies serving the area have reviewed the proposed Amended
Plat and stated no objections.
Staff Recommendation is for Approval of the proposed Amended Plat of
Lots 33 and 34, Meadowdale Hills First Filing.
3. CEDAR PARK SUBDIVISION AMENDED PLAT (#92-SA0199): SE 1/4 OF
27-06-71; NORTH OF DRAKE AND BIG THOMPSON CANYON 11 MILES NORTH
EAST OF ESTES PARK; 9.14 ACRES; 2 LOTS; E-ESTATE ZONING (2-1-93)
This is a request for an Amended Plat of Lots 43 and 44, Cedar Park
Subdivision First Filing, to adjust the boundary line between Lots 43
and 44, slightly increasing the size of Lot 44. Staff Findings are: 1)
Cedar Park First Filing was approved in 1967; 2) A dwelling was
constructed, mostly on Lot 44, in about 1976. The dwelling encroached
on the lot line between Lots 43 and 44; 3) The County Health and
Engineering Departments and all utilities serving this area have
reviewed the proposed Amended Plat and stated no objections.
Staff Recommendation is for Approval of the Amended Plat of Lots 43 and
44, Cedar Park First Filing.
4. SADDLEBACK SUBDIVISION, PHASES II, III AND IV - TIME EXTENSION
(#S-71-88): E 1/2 4-7-69; 1/2 MILE NORTH OF COUNTY ROAD 48 ON THE
WEST SIDE OF TAFT HILL ROAD APPROXIMATELY 1 MILE SOUTHEAST OF
LAPORTE; 35.4196 ACRES; 71 LOTS; R-1 RESIDENTIAL (FORT COLLINS UGA)
ZONING (2-1-93)
This is a request to extend for one year the Preliminary Plat approval
of this residential subdivision. Staff Findings include: 1) The
Preliminary Plat, Rezoning, and Off-Site Street Waiver for Saddleback
Subdivision, Phases II, III and IV were conditionally approved on August
22, 1988; 2) The conditions attached to the above mentioned approval
adequately address the potential impacts of this project on the
neighborhood and will ensure that this project does not result in any
unplanned public expense to accommodate the future residents of the
subdivision; 3) There have not been any significant changes in the
neighborhood since the conditional approval was granted; 4) Extending
the conditional approval of Saddleback Subdivision, Phases II, III and
IV will not result in any significant negative impacts on utility
services, transportation facilities, neighboring properties, or the
natural environment; 5) Approval of this extension has the effect of
extending the vesting period established pursuant to State Statute for
site specific development plans.
Staff Recommendation is for Approval of the extension of the Preliminary
Plat approval for Phases II, III and IV, Saddleback Subdivision to
December 31, 1993, with the following conditions: 1) All Final Plats
shall be completed in strict conformance with the requirements of the
Larimer County Subdivision Resolution and with the conditionally
approved Preliminary Plat; 2) The two fire hydrants noted in the letter
from the Poudre Fire Authority dated June 9, 1988 shall be relocated on
the final utility plans; 3) Prior to any Final Plat application, the
applicant shall finalize an Out-of-City Utility Service Agreement with
the City of Fort Collins; 4) The existing water line between Lots 16 and
17, Block 2, shall be addressed in the final utility plans if it is to
be abandoned, or an easement shall be included in the Final Plat if the
water line is to remain; 5) The width of the easement between Lots 7, 8,
13 and 14, Block 3, shall be shown on the Final Plat; 6) Minimum front
setback shall be shown on all reversed corner lots on the Final Plat; 7)
The Homeowners' Association documents submitted with any Final Plat
shall include specific information concerning the rights and
responsibilities of the lot owners with respect to the drainage
facilities. Also included shall be a specific time table for deeding
these facilities to the homeowners; 8) The following notes shall be
placed on all Final Plats: A) Engineered footings and foundation plans
shall be required for any construction on this site; B) Larimer County
Park Fees for the Fort Collins Urban Growth Area shall be paid when
building permits are issued for each single family dwelling on this
site; C) The Street Improvements Fee shall be paid when building permits
are issued for each single family dwelling in this project; D) After
each residential structure is enclosed, but prior to the issuance of a
Certificate of Occupancy, air samples shall be collected and analyzed by
a certified laboratory to determine if radon gas is present in the
structure; 9) Lots 17, 18 and 19 of Block 2 shall be redesigned to make
three lots into two lots; 10) Lots 1, 2 and 3 of Block 4 are to be made
into two lots, rather than three lots; 11) Wakonda Drive will not be
constructed as a through street at this time, but public right-of-way
shall be dedicated for future connection, and the design at this time
shall be for emergency access only, subject to the approval of the
Poudre Fire Authority and the County Engineer; 12) Street cross-sections
for all internal streets shall be designed to meet Urban Area Road
Standards adopted as part of the Intergovernmental Agreement for the
Fort Collins Urban Growth Area; 13) All Final Plat applications and
future development of this site shall be done in conformance with the
Larimer County Collateral Policy; 14) This constitutes a site specific
development plan, the approval of which triggers a vested property right
pursuant to state and local law. If this approval is conditional,
failure to abide by the terms and conditions will result in a forfeiture
of vested property rights. This site specific development plan shall be
deemed approved upon the date on which the written Findings and
Resolution is signed by the Chairman, or Chairman Pro-Tem, of the Board
of County Commissioners. The Director of Planning shall cause a notice
to be published in a newspaper of general circulation in Larimer County
advising the general public of this site specific development plan
approval and creation of a vested property right, such publication to
occur no later than 14 days after the written Findings and Resolution is
signed by the Chairman, or Chairman Pro-Tem, of the Board of County
Commissioners.
M O T I O N
Commissioner Duvall moved that the Board of County Commissioners approve
the Windcliff Estates Amended Easement Vacation (#92-0S0191); Meadowdale
Hills Amended Plat (#92-SA0193); Cedar Park Subdivision Amended Plat
(#92-SA0199); and the Saddleback Subdivision, Phases II, III and IV Time
Extension (#S-71-88); each, with the conditions as previously outlined.
Motion carried 3 - 0.
5. KOTIN SUBDIVISION (PRELIMINARY PLAT) - (#92-SU0094): SE 1/4 2-6-69;
NORTH OF APPLEWOOD ESTATES, PART OF THE ROBINSON EXEMPTION; 5.27
ACRES; 2 LOTS PROPOSED; FA-1 FARMING/URBAN GROWTH AREA ZONING
(2-1-93)
This is a request to divide 5.27 acres into 2 lots of 2.8 and 2.46 acres
for single family dwellings. Mr. Kadera reviewed the major issues and
concerns. Staff Findings include: 1) The proposed Kotin Subdivision
Preliminary Plat is consistent with the existing zoning of the site and
with existing development in the area; 2) This site is in the Urban
Growth Area for the City of Fort Collins. Waivers from the Public
Street Capacity Requirements and the Contiguity with "Existing
Development" are appropriate for this "in-fill project; 3) Various
agencies have reviewed this proposal and their recommendations are
included in this Staff Report; 4) Approval of the Kotin Subdivision
Preliminary Plat, with the following conditions, will not result in any
significant negative impacts on surrounding properties, utility
services, transportation facilities, or the natural environment.
The Staff/Urban Growth Area Review Board Recommendation is for Approval
of the Waiver of the Public Street Capacity Requirements of the
Intergovernmental Agreement for the Fort Collins Urban Growth Area with
the condition that a Waiver Fee of $700 be paid when a building permit
is issued for a single family dwelling on Lot 2. A note concerning this
Fee shall appear on the Final Plat; 2) Approval of the Waiver from the
requirement that this project be contiguous with "Existing Development"
as defined in the Intergovernmental Agreement for the Fort Collins Urban
Growth Area; 3) Approval of the revised Preliminary Plat for the Kotin
Subdivision, with the following conditions: A) The Final Plat shall be
completed in strict conformance with the conditionally approved
Preliminary Plat and the requirements of the Larimer County Subdivision
Resolution; B) Plans for construction of the access road and
installation of water and sewer lines shall be subject to the review and
approval of the County Engineer, Poudre Fire Authority, Fort
Collins-Loveland Water District, and the South Fort Collins Sanitation
District; C) The Final Plat application shall include an irrigation plan
and homeowners' documents that clerly define the rights and
responsibilities of each lot owner with respect to the irrigation water
and delivery facilities; D) The homeowners' documents shall include
specific provision for the maintenance of the access road, including a
mechanism for funding such maintenance; E) The installation of all
utilities to this site shall be underground; F) Any construction on this
site shall be subject to the minimum requirements of the Water, Sewer,
and Fire Safety Standards; G) The following notes shall appear on the
Final Plat: 1) Larimer County Park Fees for the Fort Collins Urban
Growth Area shall be paid when a building permit is issued for a single
family dwelling on Lot 2; 2) Engineered foundation plans shall be
required for any construction on this site; 3) Off-Site Street Capacity
Waiver Fee shall be paid when a building permit is issued for a single
family dwelling on Lot 2; 4) A Drainage Fee for the Fossil Creek
Drainage Basin shall be paid when a building permit is issued for a
single family dwelling on Lot 2; 5) The results of a radon detection
test shall be submitted to the Planning Division before a Certificate of
Occupancy is issued for any residential structure on this site; H) A
special assessment for Special Improvements Agreement in Applewood
Estates will be divided equally between the two lots to be paid annually
with real estate taxes; I) Covenants as restrictive as Applewood
Estates' would apply to Lot 2 and to any new construction on Lot 1; J) A
more satisfactory access for Lot 2 will be agreed upon before Final Plat
is recorded; K) There will be no further subdivisions of either lot.
Mr. Jim Martell, attorney representing the applicant, addressed the
Board and stated the applicant is in agreement with all the requirements
and conditions outlined by Staff and the UGA Review Board.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
the Staff/Urban Growth Area Review Board Recommendations with Amended
Conditions and approve Kotin Subdivision Preliminary Plat (#92-SU0094).
Motion carried 3 - 0.
6. FEIGHNER MINOR RESIDENTIAL DEVELOPMENT (#92-EX0173): NE 1/4
36-04-70; SOUTH SIDE OF COUNTY ROAD 4, 1/2 MILE WEST OF COUNTY ROAD
23E; 10 ACRES; 2 LOTS; FA-1 FARMING ZONING (2-1-93)
This is a request to divide a 10-acre parcel into 2 lots of 5 acres for
single family dwelling units. Mr. Kadera reviewed the background
history and noted that this property is part of an original 80-acre
parcel which was divided into 20-acre parcels prior to the adoption of
Senate Bill 35; in 1975 a six-lot exemption was approved. The
Feighner's property was included and divided into two parcels. The
current MRD process is limited to the creation of four lots; therefore,
they are still eligible to divide their property under the current MRD
Regulations. Mr. Kadera stated that a FAX was received from an adjacent
neighbor requesting that no mobile home or moved-in structure be allowed
on the site. Mr. Kadera recommended that conditions be amended to state
that only a modular or stick-built house be allowed on this site. Ms.
Feighner addressed the Board and agreed to inclusion of a condition that
a double-wide trailer cannot be moved onto the site. Ms. Feighner also
objected to Condition #2 stating that additional right-of-way for County
Road 4 shall be dedicated on the Final Plat noting that in 1976, an
extra 20-feet was given for CR 4 and an additional 20-feet row will
interfere with their residence. Therefore, Condition #2 was amended.
Staff Findings are: 1) The proposed Feighner Minor Residential
Development is consistent with the minimum requirements of the Larimer
County Zoning and Subdivision Resolutions; 2) The proposed Feighner
Minor Residential Development is consistent with the existing
development in the immediate area; 3) Approval of the proposed Feighner
Minor Residential Development, with the following conditions, will not
result in any significant negative impacts on surrounding properties,
utilities, transportation facilities, or the natural environment.
Staff Recommendation is for Approval of the Feighner Minor Residential
Development, with the following conditions: 1) The Final Plat shall be
completed in strict conformance with the plan submitted for this
hearing, except as modified by these conditions; 2) The Final Plat shall
include a 50-foot half right-of-way for County Road 4; 3) The access
easement shall be dedicated as an access, utility, and drainage easement
on the Final Plat; 4) The following notes shall appear on the Final
Plat: A) A fire sprinkler system shall be required in any residential
structure on Lot 1; B) Engineered foundation plans shall be required for
any construction on this site; C) Larimer County Park Fees shall be paid
when a building permit is issued for a single family dwelling on Lot 1;
D) The use of these lots shall be limited to single family dwellings and
accessory uses as defined in the Larimer County Zoning Resolution; E)
The results of a radon test shall be submitted to the Planning Division
before a Certificate of Occupancy is issued for any single family
dwelling on Lot 1; F) The Section 2.8 Off-Site Road Fee of $513 shall be
paid when a building permit is issued for a single family dwelling on
Lot 1; G) Prospective lot owners should be aware of the quarry located
west of this site. Quarries typically create noise, dust, vibration,
and heavy truck traffic. The creation of these lots shall not be
justification to shut down the quarry operation; H) Owners of these lots
shall be required to participate in the maintenance of Sherlyn Court.
If there is a Road or Homeowners' Association, these lot owners must
join that Association; I) Any single-family dwelling placed on this
property shall have a pitched roof with standard roofing materials and
standard siding materials--no aluminum or metal-sided dwelling will be
allowed.
M O T I O N
Commissioner Duvall moved that the Board adopt the Staff Findings and
Staff Recommendation with Amended Conditions, and approve the Feighner
Minor Residential Development (#92-EX0173).
Motion carried 3 - 0.
7. APPEAL OF LEGAL LOT DECISION (#92-EX0192): NW 1/4 07-04-72;
PROPERTY IS BISECTED BY THE LITTLE VALLEY ROAD ABOUT 1-2 MILE
SOUTH OF FISH CREEK ROAD; 40 ACRES; 2 LOTS (2-1-93)
This is a request by the applicant appealing the Staff determination
that Little Valley Road, passing through the NE 1/4 of the NW 1/4 of
Section 07, Township 04 North, Range 72 West, has not caused a pre-1972
division of the property. Mr. Kadera reviewed the major concerns and
issues noting that this existing 40-acre parcel has a road down the
middle and the applicant thinks this has created two separate building
sites. After reviewing the history of this parcel, and conferring with
the Assistant County Attorney, it was determined by Staff that two
separate legal parcels have not been created. Staff Findings include:
1) The Little Valley Road has existed for many years. A formal
dedication was accepted by the County in 1977; 2) The 40-acre parcel
that is traversed by the Little Valley Road was created in 1978. The
road was in place when the 40-acre parcel was deeded separately; 3) The
mere existence of the Little Valley Road does not ensure that minimum
standards for creating new building sites will be met; 4) The County has
a procedure for granting exemptions from the definition of subdivision.
This procedure will obtain comments from the appropriate authorities
concerning the adequacy of the sites for building purposes.
Staff Recommendation is for Denial of the Appeal of the Legal Lot
Determination for the 40-acre parcel in Section 7, Township 4 North,
Range 72 West of the 6th P.M.
Mr. Van Horn, applicant, submitted a map of the site and understands the
Staff' concerns whether the division would result in a site with zoning
problems or inability to put in septic system, or if there would be
access problems. Mr. Van Horn noted that this road has gone thru
controversy in the past and the County declared it a public road. This
is a unique road and provides access to over 100 parcels of land to the
public and Forest Service. Mr. Van Horn stated there is a strong
argument that the road does divide the property and he proposed that a
condition be attached to the determination that a survey be filed and
the resultant parcels meet all the criteria for access, zoning, and
on-site services. Mr. Barnett noted that if this request is granted it
would create a precedent and 100 similar requests in the County would
result. Much discussion followed.
M O T I O N
Commissioner Duvall moved that the Board adopt the Staff Findings and
Staff Recommendations and deny the Appeal of the Legal Lot Determination
for the 40-acre parcel in Section 7, Township 4 North, Range 72 West of
the 6th P.M., but noted that the Board of County Commissioners will be
receptive to consideration of an exemption by Concept Technical Review
for this site in the future.
Motion carried 3 - 0.
8. ROSE ANN MINOR RESIDENTIAL DEVELOPMENT (#92-EX0159): SE 1/4
11-05-68; NORTHWEST CORNER OF THE INTERSECTION OF COUNTY ROAD 3
AND U.S. HIGHWAY 34; 53 ACRES; 3 LOTS; FA-FARMING ZONING (2-1-93)
This is a request to divide a 53-acre parcel with an existing residence
into three lots of 9.6, 17.7, and 21.3 acres for single family
dwellings. Mr. Legg reviewed the project description and the major
concerns and issues and noted this is a typical MRD request and meets
all the requirements. Staff Findings are: 1) The proposed Rose Anne
Minor Residential Development is consistent with the minimum
requirements for Minor Residential Developments as contained in the
Larimer County Subdivision Resolution concerning the number of lots
created, lot size, access and zoning; 2) The County Health and
Engineering Departments have reviewed the request and have made certain
recommendations, which are contained in this report; 3) Approval of the
proposed Rose Anne Minor Residential Development, with the conditions
noted, should not adversely affect adjacent property, the natural
environment, or the provision of services or transportation.
Staff Recommendation is for Conditional Approval of the Rose Anne Minor
Residential Development. Concerns from adjacent property owners cited
were existing low water pressure in the area, certainty of increased
traffic on CR 3, historical drainage, possible interference of the
farming operation north of the site which sprays chemicals for weed and
insect control and creates dust when working the land, etc. These
concerns were discussed and possible solutions suggested. Sage
Industries expressed concern with their trucks turning onto County Road
3 and the extremely low water pressure they experience. Mr. Cannon, the
applicant, agreed with all the requirements and conditions of the MRD,
as originally proposed by Staff. Discussion followed.
M O T I O N
Commissioner Duvall moved that the Board deny the Rose Anne Minor
Residential Development because of incompatibility with the current
adjacent land uses, agricultural and traffic concerns, and the fact that
this appears to be an expanding industrial area with the Wal-Mart
Warehouse 1/2 mile to the north.
Motion carried 2 - 1; Chairman Hotchkiss dissenting.
9. AMENDMENT TO LARIMER COUNTY SUBDIVISION RESOLUTION REGARDING
EXEMPTIONS, NOTICE REQUIREMENTS AND TIME LIMITS FOR AGENCY RESPONSES
ON PRELIMINARY PLATS (#92-RA0202 & #92-RA0203): (2-1-93)
This is a request for Approval of a Subdivision Resolution Amendment to
change Minor Residential Developments from 4 permitted lots to 2; add
and amend the Minor Residential Development application criterion;
establish deadlines for completion of pending applications and establish
new time limits for responses and notice requirements in accordance with
State Statute. Mr. Legg provided the background information.
Staff Findings include: 1) The proposed amendment regarding Minor
Residential Development is consistent with the intent and purpose of the
County Subdivision Resolution and the recommendation of the Planning
Commission passed September 16, 1992; 2) The proposed amendment
regarding public notice and referrals is consistent with requirements of
HB91-1156; 3) The proposed amendments are necessary to promote the
public health, safety, convenience, order, and prosperity; 4) The
proposed amendment regarding Minor Residential Developments reduces the
number of lots to be created by the exemption procedure while still
allowing other property or applicants requiring a greater number of lots
to utilize the full subdivision procedure.
The Planning Commission/Staff Recommendation is for 1) Adoption of
Amendments to Minor Residential requirements as shown on Exhibit A: 2)
Adoption of Amendments to Notice and Referral requirements as outlined
in this Staff report of this Agenda; 3) Adoption of a recommendation
that the County Attorney be directed to draw up a Resolution for Board
of County Commissioners' signatures that contain the following
provisions: A task force should be appointed by the County Commissioners
to study current subdivision and exemption regulation and make
recommendations concerning appropriate changes. The task force, to be
known as the Subdivision and Exemption Revision Group (SERG) should
consist of seven members, and should include both development
professionals and citizen planners. One member of the Larimer County
Planning Commission shall be appointed to the group. Members of the
County Planning Department shall provide Staff support to the group. A
specific time limit is not placed on the group, but it is expected that
within one year of the first meeting, SERG should present a report to
the Larimer County Planning Commission and Board of County Commissioners
outlining its findings and recommendations. The report shall address,
among other issues, (1) the impact of current regulations on
implementation of the Land Use Plan; (2) the impact of current
regulations and particularly Minor Residential Developments on provision
of services in rural areas; (3) the need for a minor subdivision or
exemption regulation; and (4) appropriate subdivision performance
standards for various parts of the County; 4) Adoption of the following
requirements for pending Minor Residential Developments: A) All minor
residential applications received by the January 26, 1993 deadline shall
be processed in accordance with the procedures and criteria in place
prior to this amendment; B) Pending Minor Residential Developments
already heard by the Board of County Commissioners shall expire as
provided for in the existing regulations; C) Pending Minor Residential
Developments received prior to this Amendment that have been to Concept
Technical Review shall expire on the date specified in the Concept
Technical Review Agenda; D) Pending Minor Residential Developments
received prior to this Amendment that have been to Concept Technical
Review and which do not have an expiration date expressed in the Concept
Technical Review Agenda, shall expire if they have not been heard by the
Board of County Commissioners by July 6, 1993.
The following persons addressed the Board and unanimously recommended
the Board adopt these interim changes to the Minor Residential
Development today: Hank Pedersen, Chairman Larimer County Planning
Commission; Tom Peterson, Fort Collins Planning Director; Ed Moore,
Loveland Planning Director; Warren Jones, Poudre Fire Authority; and
Mike Vreeman, local dairyman. Mr. Lou Kinzli, MRD developer, and Steve
Tool, realtor, voiced their opposition to the adoption of this interim
MRD policy, and requested additional time for public hearings to review
these changes. Much discussion followed.
At this time, Commissioner Duvall left the meeting to attend the
Executive Council Luncheon Meeting; she left instructions with the
Chairman to cast her vote in favor of the adoption of the Amendment.
M O T I O N
Commissioner Disney moved that the Board adopt the Amendment to the
Larimer County Subdivision Resolution regarding Exemptions, Notice
Requirements and Time Limits for Agency Responses on Preliminary Plats
and that a seven-member Task Force be appointed with the understanding
that an interim report will be given within six months.
Motion carried 3 - 0.
10. OFF-PREMISE ADVERTISING SIGNS (#92-R00076):
Mr. Legg reported that on June 16, 1992, the Board of County
Commissioners amended the Larimer County Zoning Resolution regarding
permissibility of Off-Premise Advertising Signs in the C-Commercial and
I-Industrial Zoning Districts. The Amendment prohibited the issuance of
new building permits for advertising signs until the results of the
study performed by a Task Force of citizens. The Task Force met July
through October 1992 and reached agreement; the results of this
agreement are being drafted into regulatory language and a draft will be
completed in 30 days. Results should be available for Public Hearing in
May or June, 1993. Mr. Legg noted that no action is required by the
Board today; this report only meets the requirement of the Board that a
Status Report be given to the Board in January, 1993.
11. WARFIELD ALLEGED JUNKYARD VIOLATION: 4213 SHORELINE ROAD (LOT 7,
THOMPSON'S LAKESIDE SUBDIVISION)
This alleged violation is for storing several inoperable vehicles in the
O-Open Zoning District in a residential subdivision. Mr. Pedas
submitted recent photos of the site and noted this is a re-occurence of
a violation. During a hearing held June 17, 1991, Mr. Warfield
indicated he would build a garage on the property to screen the auto
body work and painting of vehicles. No construction has been initiated
and no building permits issued. Staff Findings include: 1) The subject
property is zoned O-Open District; 2) The subject property is a lot in a
platted residential subdivision; 3) The outdoor storage of
inoperable/unlicensed vehicles is not a permitted use in the O-Open
Zoning District; 4) Collector's vehicles must be screened from ordinary
public view; 5) Continued outdoor storage of vehicles on the subject
property will affect property values in the neighborhood.
Staff Recommendtion is to find that a violation exists, require
compliance within 60 days, and authorize legal action if the compliance
deadline is not met.
Mr. Bill Gann, adjacent property owner, submitted photos of the site
taken from his deck, an audio tape of barking dogs, and noted the
biggest complaint is noise from a compressor and air hammer.
M O T I O N
Commissioner Disney moved that the Board find that a violation exists,
require compliance within 60 days, and authorize legal action if the
compliance deadline is not met.
Motion carried 2 - 0.
The meeting recessed at 12:20 p.m.
WORKSESSION ON SPECIAL IMPROVEMENT DISTRICTS ALTERNATIVES
UNDER AMENDMENT 1
(#134)
The Board of County Commissioners reconvened at 2:00 p.m. in regular
session with Rex Burns, Special Districts Engineer. Chairman Hotchkiss
presided; Commissioners Disney and Duvall were present. Also present
were: Diane Martell, Staff Services Special Districts Manager; Rex
Smith, Director of Public Works; Elaine Spencer, Director of General
Engineering Services; Dave Dwyer, Bond Counsel; Bob Grewell, Director of
Finance; Marla Hehn, Assistant County Attorney; and Bill Gordon, County
Administrator. Recording Clerk, S. Graves.
The purpose of today's meeting is to discuss with the Board how to
proceed in forming special improvement districts after the passage of
Amendment One on November 3, 1992. Previously, Colorado Statute
provided an opportunity for property owners in a subdivision to join
together with County Government to finance and construct street
improvements, water and sewer systems, and surface improvements.
However, since the passage of Amendment One, Legal Counsel has held that
each Local Improvement District will now be required to hold a
County-wide Election to approve the special assessments and the bonded
indebtedness. Staff unanimously concurs that holding a county-wide
election to form a special district is not feasible and would be a
losing proposition. Staff has researched other options available for
funding local improvement districts; one option is the formation of a
public sewer utility, which would be structured so as to be an
enterprise fund under Amendment One and would not require an election.
Chairman Hotchkiss suggested the possibility of a six-month moratorium.
There is also the possibility that Legislature will amend Statute to
allow formation of a local improvement district without a county-wide
election. After further discussion, the Board directed Staff and Ms.
Hehn to gather more information on other options to consider regarding
formation of special improvement districts without a county-wide
election, and suggested contacting other Counties in Colorado to
determine if they have a viable solution to the problem, and report back
to the Board within 30 days. In the interim, Mr. Dwyer will determine
whether or not he can issue bonds for a local public sewer utility.
The meeting adjourned at 3:10 p.m.
TUESDAY, FEBRUARY 2, 1993
PUBLIC WORKS STANDING MEETING
(#135)
The Board of County Commissioners met in regular session at 9:30 a.m.
with Rex Smith, Director of Public Works. Chairman Hotchkiss presided;
Commissioners Disney and Duvall were present. Also present was Bill
Gordon, County Administrator. Recording Clerk, M. Bloom.
1. 4-Year Short-Range Highway Improvement Program: Rex Smith reviewed
the short-range highway improvement program, 1994-1997, with the Board
of County Commissioners. Mr. Smith identified factors utilized in
developing the program, such as: available funding; traffic volumes,
safety/accident records, maintenance problems, opportunity for co-op
project with other agencies, probability of annexation or improvement as
a requirement for land development.
Commissioner Duvall suggested that the Planning Department should become
involved in the formulation of the program.
M O T I O N
Commissioner Duvall moved that the Board accept the short-range highway
improvement program as presented with the understanding that changes to
the same can be made.
Motion carried 3-0.
2. Vine Drive Shop Groundwater Recovery & Treatment System: Rex Smith
indicated that three County shop sites, Wellington, Shields and Vine
Street are in need of groundwater recovery and treatment systems. Mr.
Smith noted that the corrective action plan for the Vine Street Shop has
been approved by the State; the design work is completed and bid
documents are being prepared for installation and implementation of the
system. The estimated cost of the system is $40,000; and the monthly
operation will cost $2,000. Mr. Smith stated that these expenditures
are funded through the Capital Expenditures Fund - the same to be
reimbursed from the Road and Bridge Fund. With respect to the two other
sites, Mr. Smith commented that applications for State funds have been
submitted; no action has been taken.
M O T I O N
Commissioner Disney moved that the Board retire to Executive Session at
10:15 a. m. to consider a personnel matter.
Motion carried 3-0.
The meeting recessed at 10:35 a.m.; no action was taken.
MEETING WITH COUNTY ATTORNEY'S OFFICE
("135)
The Board of County Commissioners reconvened at 10:45 a.m. with George
Hass, County Attorney. Chairman Hotchkiss presided; Commissioners
Disney and Duvall were present. Also present were members of the County
Attorney's Staff and Bill Gordon, County Administrator. Recording
Clerk, M. Bloom.
George Hass introduced the staff from the County Attorney's Office and
identified areas of expertise.
Specific queries relating to the contractual relationship between the
County Attorney and the Department of Social Services as well as the
Larimer Dog Ordinance/Humane Society relationship were addressed.
George Hass stated that there are 31 cases open currently - the average
over the last two years has been 29.
The meeting adjourned at 11:30 a.m.
WEDNESDAY, FEBRUARY 3, 1993
ADMINISTRATIVE MATTERS
(#137)
The Board of County Commissioners met at 9:30 a.m. in regular session
with Bill Gordon, County Administrator. Chairman Hotchkiss presided;
Commissioners Disney and Duvall were present. Also present were: Dana
Klausmeyer, Controller; Bob Grewell, Finance Director; Patty Arnett,
Health Department Business Manager; Neil Gluckman, ETS Administrator;
Joni Friedman, ETS Assistant Administrator; Rex Burns, Special
Improvement District Administrator; and Wayne Lawler, Facilities
Manager. Recording Clerk, S. Graves.
1. PRESENTATION OF THE "CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN
FINANCIAL REPORTING" TO FINANCE: Chairman Hotchkiss presented the
"Certificate of Achievement for Excellence in Financial Reporting" to
Ms. Klausmeyer. This Certificate is awarded by an Association of
Government Finance Officials from the United States and Canada and this
is the 10th consecutive year for Larimer County to receive this
Certificate.
2. MEETING WITH MAGGIE CARTER AND RICK ZIER CONCERNING THE DEHYDRATOR
EMISSIONS COMMITTEE: The Board met Maggie Carter, PR1 School District
Facilitator, and reviewed her role in negotiating the second phase of
the Alfalfa Dehydrator Committee discussions. Mr. Rick Zier, attorney
serving as neutral Chairman thru the first phase of this Committee,
shared his insights and noted their task was to consider the many
concerns voiced by all parties involved and to make recommendations for
resolving this matter. Ms. Duvall stated that her desire is for the
committee to address and recognize that there is a sociological problem
(an agricultural industry attempting to earn a living and residents in
the area trying to enjoy a comfortable living) and try to resolve the
issue so these two groups can live in the community harmoniously.
Ms. Carter presented her ideas and agenda for the meetings and outlined
her consensus-building approach. The Board complimented Mr. Zier for
what he has accomplished in bringing the Committee this far, and Ms.
Duvall expressed appreciation to Poudre R1 for allowing Ms. Carter to
serve as Facilitator for this Committee.
3. REQUEST FOR APPROVAL AND SIGNATURE ON THE PERSONNEL AUTHORIZATION
REQUEST FORM FOR ONE GRANT FUNDED FULL-TIME EQUIVALENT (FTE) EMPLOYEE
FOR THE HEALTH DEPARTMENT: Ms. Arnett informed the Board that verbal
notification has been received from the Colorado Department of Health to
add 1 full-time Program Worker I to the WIC (Women, Infants and
Children's Supplemental Food) Program effective February 1, 1993. Ms.
Arnett requested Board approval and the Chairman's signature on the
Personnel Authorization Request Form and noted that if the funding for
the position is deleted, the position will also be deleted.
M O T I O N
Commissioner Disney moved that the Board approve the addition of 1.0
grant funded FTE for the Health Department and authorized the Chairman
to sign the Personnel Authorization Request Form, as requested by Ms.
Arnett.
Motion carried 3 - 0.
4. REQUEST FOR APPROVAL AND SIGNATURE ON THE PROGRAM YEAR 1992 SUMMER
YOUTH-EMPLOYMENT AND TRAINING PROGRAM (SUMMER OF 1993): Mr. Gluckman
and Ms. Friedman requested Board approval and the Chairman's signature
on the Program Year 1992 Summer Youth Employment and Training Plan
(Summer of 1993). Mr. Gluckman noted this Plan has been reviewed and
approved by the Larimer County Private Industry Council. The Plan is
similar to last year's, the only major change is a considerable
reduction of funds. Ms. Friedman provided an overview of the summer
work experience for the Board, noting that 227 youth will be served
between the ages of 14 to 21. Ms. Friedman also noted that Anheuser
Busch gives $25,000 every year to operate "Operation Bright Side" and
ETS will be making application for an additional $25,000 in Federal
dollars to be directed to youth conservation work.
M O T I O N
Commissioner Disney moved that the Board approve and the Chairman sign
the Program Year 1992 Summer Youth Employment and Training Plan (Summer
of 1993), as requested by Mr. Gluckman and Ms. Friedman.
Motion carried 3 - 0.
5. DISCUSSION OF OLD TOWN MASTER DRAINAGE PLAN FEES: As property owners
in downtown Fort Collins, the Board discussed and reviewed three options
for methods of payment for the Old Town Master Drainage Plan which is
being proposed. Option #1 for a 23-Year Improvement Program at
$3,684/year County payment was recommended.
M O T I O N
Commissioner Disney moved that the Board approve Option #1 for County
participation in a 23-Year Improvement Program at $3,684/year for the
Old Town Master Drainage Plan.
Motion carried 3 - 0.
6. WORKSESSION:
-- Increase in County Attorney's Retainer: Mr. Gordon noted that for
many years the County has paid the premiums for Ralph Harden's (Former
County Attorney) medical benefits. Mr. George Hass, (Current County
Attorney) prefers to remain with his firm's health plan and is
requesting that the $3,946 savings be added to the firm's annual
retainer. After discussion, CONSENSUS OF THE BOARD was that these
savings should be returned to the General Fund.
-- Fair Board Ex-Officio Designation: Mr. Dave Jones, Fair Board
President, requested the Board to appoint Mrs. Amelia "Babe" Chambers an
ex-officio member of the Larimer County Fair Board.
M O T I O N
Commissioner Disney moved that the Board appoint Mrs. Amelia "Babe"
Chambers a non-voting associate member of the Larimer County Fair Board,
as recommended by Mr. Dave Jones and the Fair Board.
Motion carried 3 - 0.
-- Larimer County Public Trustee's Fourth Quarter and 1992 Annual
Report: The Board has been asked to accept the Quarterly and Annual
Reports from the Larimer County Public Trustee for 1992. Chairman
Hotchkiss reviewed the relationship between the Board of County
Commissioners and the Public Trustee, noting that the Public Trustee is
a political appointment by the Governor.
M O T I O N
Commissioner Disney moved that the Board accept the Quarterly and Annual
Reports for 1992 from the Larimer County Public Trustee's Office.
Motion carried 3 - 0.
Subdivision and Exemption Revision Group (SERG) Task Force Appointments:
Mr. Legg has received many calls regarding how the SERG Task Force will
be appointed and requested direction from the Board. The Board directed
Mr. Legg and Mr. Gordon to formulate an advertisement for the position.
The Board will review the applications, and arrive at a balance for
membership on the Task Force.
7. DOCUMENT REVIEW: The following documents, of a routine nature, were
considered by the Board:
MINUTES/AGENDA
M O T I O N
Commissioner Duvall moved that the Board approve the Minutes for the
week of January 25, 1993, and the Agenda for the week of February 8,
1993, as submitted.
Motion carried 3 - 0.
M O T I O N
Commissioner Duvall moved that the Board approve the Meadowdale Hills
Amended Plat, and the Woodmansee Minor Residential Development Plat.
Motion carried 3 - 0.
LIQUOR LICENSES: County Approval was granted to Glen Haven General Store
- 3.2% - Glen Haven, CO; Aspen Lodge - 6% - Estes Park, CO; City Park
Liquors - 6% - Fort Collins, CO; Gasamat No. 110 - 3.2% - Fort Collins,
CO; Vickers #2743 - 3.2% - Loveland, CO; Best Western Coach House Motor
Inn - 6% - Loveland, CO.
M O T I O N
Commissioner Duvall moved that the Board approve the following
documents:
R93-10s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF RICE MINOR
RESIDENTIAL DEVELOPMENT
R93-11s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF MEHL MINOR
RESIDENTIAL DEVELOPMENT
R93-12z SPECIAL REVIEW FINDINGS AND RESOLUTION CONCERNING THE PETITION
OF RICHARD M. POCHE
R93-13z SPECIAL REVIEW FINDINGS AND RESOLUTION CONCERNING THE PETITION
OF CONNELL RESOURCES
R93-14s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF PASS MINOR
RESIDENTIAL DEVELOPMENT
R93-15g RESOLUTION CONCERNING THE MODIFICATION OF THE MILEAGE RATE FOR
COUNTY OFFICIALS, EMPLOYEES AND AGENTS ON OFFICIAL COUNTY
BUSINESS
Motion carried 3 - 0.
The meeting adjourned at 10:55 a.m.
___________________________________
COURTLYN W. HOTCHKISS, CHAIRMAN
( S E A L ) BOARD OF COUNTY COMMISSIONERS
ATTEST:
_____________________________________
Mary R. Bloom, Deputy County Clerk
_____________________________________
Sherry E. Graves, Deputy County Clerk
