PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, APRIL 19, 1993
SUBDIVISIONS
(#200 & #201)
The Board of County Commissioners met at 9:00 a.m. in regular session
with John Barnett, Director of Planning. Chairman Hotchkiss presided;
Commissioner Disney was present. Commissioner Duvall will be out of
town until April 19, 1993. Also present were: Al Kadera, Subdivision
Administrator; Carol Evans, Associate Planner; Jerry Blehm,
Environmental Health; John Pedas, Code Enforcement Officer; and Jeannine
Haag, Assistant County Attorney. Recording Clerk, S. Graves.
1. ASPENBROOK PLANNED UNIT DEVELOPMENT PHASE II (#93-SU0224):
NE 04-04-73; APPROXIMATELY 2 1/2 MILES SOUTHEAST OF ESTES PARK
ON THE SOUTHEAST SIDE OF COLORADO HIGHWAY 66 (SPUR); 4.31 ACRES;
13 LOTS; E-ESTATE ZONING (4-19-93)
This is a request for Preliminary Phase Plan approval for 13 single
family lots on 4.3 acres of which 2.7 acres is open space. A Master
Plan, #S-129-88, was approved March 20, 1989, for 49 units on 13.01
acres. Rezoning, #Z-38-87, was approved April 4, 1988 from E-Estate to
A-Accommodations, and First Phase was approved December 5, 1990 for 33
units on 8.7 acres. Mr. Kadera noted that this item would have been on
consent except that a long discussion ensued before the Planning
Commission regarding a requirement by the State Forest Service
concerning the mitigation of the wildfire hazard and the requirement for
fire retardant shingles for all the lots. Staff Findings include: 1)
The proposed Aspenbrook Planned Unit Development Phase II is consistent
with the conditionally approved Master Plan, with the existing zoning of
the site, and with existing development in the immediate area; 2) There
are some technical issues with respect to wildfire hazard mitigation and
grading of the site that need to be addressed; 3) The County has adopted
Hazard Area Regulations which require mitigation of any natural hazards
including wildfire hazards; 4) Access and utilities can be provided in a
manner consistent with County regulations; 5) Approval of Aspenbrook
Planned Unit Development Phase II, with the following conditions, will
not result in any significant negative impacts on surrounding
properties, utility services, transportation facilities or the natural
environment.
Phillip Manning, applicant, addressed the Board and indicated he
disagrees with the requirement for fire retardant shingles on all the
lots; he does agree, however, with fire retardant shingles being
required for lots 8, 9, 10, and 11, which are located on steep terrain
in the wildfire hazard area. Mr. Manning presented photos showing the
other lots are in a meadow. After discussion, the conditions were
amended as follows:
The Planning Commission/Staff Recommendations are for Approval of a
Variance to permit structures to be built with a setback of 20 feet from
the perimeter of the property with the condition that building envelopes
be designated on the Final Plat; and Approval of the Preliminary Phase
Plan for Aspenbrook Planned Unit Development Phase II with the following
amended conditions: 1) The Final Plat shall be completed in strict
conformance with the conditionally approved Phase Plan including all
notes, except as modified by the following conditions; 2) Before the
Final Plat is submitted, the applicant shall reach agreement with the
State Forester concerning the appropriate mitigation measures required
to address the wildfire hazard situation on this site. Tree thinning,
where required, shall be included in the Subdivision Improvements
Agreement and no construction will be permitted until the thinning is
completed. A note to require fire retardant shingles for Lots 8, 9, 10,
& 11 shall be placed on the Final Plat. Wood shakes shall require
periodic maintenance; 3) A note shall appear on the Final Plat to advise
lot owners that it is illegal to feed deer and elk, it is illegal to
allow domestic animals to harass wildlife, and that the Division of
Wildlife will not be responsible for damage to ornamental plantings that
may be caused by wildlife, and state that this area is of potential
danger to domestic pets; 4) Notes shall appear on the Final Plat to
indicate that Park Fees will be collected when building permits are
issued for each lot, engineered foundation plans shall be required for
all construction, radon tests shall be required for all residential
structures before a Certificate of Occupancy is issued, and the uses of
these lots shall be limited to single family dwellings and accessory
uses; 5) The Final Plat shall indicate that the open space is a blanket
utility and access easement. The homeowner's documents shall detail the
rights and responsibilities of the lot owners with respect to the open
space; 6) The Final Plat application shall include a grading plan to be
approved by the County Drainage Administrator. The Final Plat
application shall also include construction drawings and a Subdivision
Improvements Agreement to be secured by appropriate collateral. Water
and sewer plans must be approved by the appropriate utility companies;
7) The applicant shall be required to notify the Assessor when the Final
Plat is recorded. This notification is required by State Statute and is
intented to ensure that the open space tract value is pro-rated among
the lots to avoid a separate tax bill for the open space. This
notification must be in writing and should include a copy on the Final
Plat; 8) Lots 8, 9, 10, and 11 require engineered foundations. A note
shall appear on the Final Plat that potential lot owners should be aware
that steep terrain can cause drainage and erosion problems that require
special care during and after construction.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Staff/Planning Commission Recommendations, with Amended Conditions, and
approve the Aspenbrook Planned Unit Development Phase II (#93-SU0224).
Motion carried 2 - 0.
2. MAJORS MINOR RESIDENTIAL DEVELOPMENT (#92-EX0175): SE 1/4 OF
36-04-69; NORTH SIDE OF COUNTY ROAD 905 (COUNTY ROAD 2); ON
LARIMER/BOULDER COUNTY LINE 1/2 MILE EAST OF COUNTY ROAD 15;
9.9 ACRES; 3 LOTS; FA-1 FARMING ZONING (4-19-93)
This is a request to divide a 9.9 acre parcel with 2 existing residences
into 3 lots of 3.3 acres each for single family dwelling units. Ms.
Evans provided the area and project description and noted that Staff is
recommending that the smaller of the two mobile homes on Lot 1 must be
removed to eliminate the non-conforming situation of two residences on
one lot. Ms. Evans stated that a petition has been received signed by
approximately 20 adjacent property owners protesting the request, as
well as additional letters of opposition. Staff Findings are: 1) The
proposed Majors Minor Residential Development is consistent with
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 proposed Majors Minor
Residential Development appears to be consistent with the Larimer County
Comprehensive Plan; 3) The proposed Majors Minor Residential Development
appears to be consistent with existing development and rural residential
uses in the area; 4) The County Health and Engineering Departments, the
Berthoud Fire District, utility companies, and other interested agencies
have reviewed the request and stated no objections as long as certain
conditions are met; 5) Approval of the proposed Majors Minor Residential
Development, with conditions, should not adversely affect adjacent
property, the natural environment, or the provision of services or
transportation.
Staff Recommendation is for Conditional Approval.
Ivan Majors, applicant, clarified his intentions for the Board, noting
he does not plan to sell this property or change the use of the
property. Mr. Majors requested six months to one year before removing
the smaller trailer to live in while they are building their new home,
or possibly using the trailer for storage or as a workshop indefinitely.
The following adjacent property owners addressed the Board: Tom Girard,
Carolyn Gause, Charlene Corey, Kay Thomsen, Betty Weston, and Fred
Soley, citing their concerns of increased traffic on unpaved roads,
possibility for rezoning of the area, potential threat of contamination
of water supply, disruption of quality of life, threat to wildlife,
encroachment of land, potential for sewage system problems, etc. Much
discussion followed.
M O T I O N
Commissioner Disney moved that the Board deny the Majors Minor
Residential Development (#92-EX0175) Residential Development due to
reasons of compatibility and traffic concerns.
Motion carried 2 - 0.
3. WESTERN MINI RANCHES AMENDED PLAT (#93-SA0257): SE 1/4 20-04-69;
1/4 MILE WEST OF COUNTY ROAD 21; 2.03 ACRES; 1 LOT (4-19-93)
This is a request for an Amended Plat of Lot 17, Block 2, Western Mini
Ranches to relocate the building envelope. Ms. Evans provided the
background information, reviewed the major concerns and issues, and
noted that Staff's concern is with the increased size of the proposed
building envelope and possible impacts on views from adjacent lots. Ms.
Evans stated that considerable opposition has been raised by neighboring
property owners. Staff Findings include: 1) Western Mini-Ranches
Planned Unit Development was recorded in 1979. Building envelopes were
shown on the recorded Final Plat to reduce cost of utility installation
and to protect the open, rural nature of the development; 2) Property
owners, the Homeowner's Association, and realtors have relied on the
building envelope locations shown on the Final Plat for providing
protection of views; 3) Several amendments to building envelope
locations were approved by the Board of County Commissioners in the
past; 4) The County Health, Engineering Department, and utility
companies serving the property have reviewed the request and stated no
objection; 5) Neighboring property owners have expressed concerns
regarding the requested change, including obstruction of views, decrease
in property values, and the increased size of the proposed envelope; 6)
A reasonable use of the lot can be made by building within the platted
envelope.
Staff Recommendation is for Denial of the request to relocate the
building envelope on Lot 17, Block 2 of Western Mini-Ranches Planned
Unit Development.
Kurt Schlagel, applicant, stated that the reason for the request to
relocate the building envelope is due to the neighboring lot owner has
built a horse corral which is located next to his building envelope, and
also noted that when the existing trees grow, the view of the
objecting property owners will be obstructed. Mr. Schlagel stated he is
only building a single-story ranch-style home and has met with the
architectural review board of the subdivision and they have been very
supportive. Bill Lohr and Dwaine Pucket expressed their opposition to
this request, citing their concern regarding the obstruction of their
mountain view. Thomas and Georgine Schreivogel stated they are in favor
of this relocation of the building envelope noting the impact will be
minimal. Discussion followed.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Staff Recommendation and deny the Western Mini Ranches Amended Plat
(#93-SA0257).
Motion carried 2 - 0.
4. EAGLE LAKE SUBDIVISION 3RD FILING (#92-SU0129): SE 1/4 14-08-69;
WEST OF HIGHWAY 1, NORTH OF COUNTY ROAD 54; 29.26 ACRES; 10 LOTS;
FA-FARMING ZONING (4-19-93).
Mr. Barnett and Mr. Hasler, applicant, stated this item is a consent
item and will not be discussed unless requested by the Commissioners or
members of the audience. This is a request to divide 29.26 acres into
ten lots of 2.3-3.1 acres for single family dwellings. Staff Findings
are: 1) The Preliminary Plats for the 3rd and 4th Filings of Eagle Lake
Subdivision were conditionally approved on November 23, 1992. The
proposed Final Plats are consistent with the Preliminary Plats; 2) The
County Engineer will be required to sign the construction plans before
the Final Plat is recorded. The plans have been approved by the other
appropriate agencies; 3) The applicant proposes a letter of credit to
secure the Subdivision Improvements Agreement. This collateral is
acceptable according to the Collateral Policy.
Staff Recommendation is for Approval of the Final Plat for the 3rd
Filing of Eagle Lake Subdivision with the following conditions: 1) The
County Engineer shall approve the final construction plans before the
Final Plat is recorded; 2) The applicant shall prepare an agreement
concerning the looping of Eagle Lake Drive, if the east side of Eagle
Lake is developed. This agreement shall be recorded with the Final Plat
for the 3rd Filing.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Staff Recommendation and approve the Eagle Lake Subdivision 3rd Filing
(#92-SU0129).
Motion carried 2 - 0.
5. EAGLE LAKE SUBDIVISION 4TH FILING (#92-SU0129): SE 1/4 14-08-69;
WEST OF HIGHWAY 1, NORTH OF COUNTY ROAD 54; 7.29 ACRES; 3 LOTS;
FA-FARMING ZONING (4-19-93)
This is a request to divide 7.29 acres into three lots of 2.3, 2.4, and
2.6 acres for single family dwellings. Mr. Kadera stated that the main
concern with the 4th Filing is the existing property owners concerns
regarding a stub street which extends to the south property line. The
property owner is considering the possibility of further development to
the south of this property and the street connection is plausible to
Staff. Staff Findings include: 1) The Preliminary Plats for the 3rd and
4th Filings of Eagle Lake Subdivision were conditionally approved on
November 23, 1992. The proposed Final Plats are consistent with the
Preliminary Plats; 2) The County Engineer will be required to sign the
construction plans before the Final Plat is recorded. The plans have
been approved by the other appropriate agencies; 3) The applicant
proposes a letter of credit to secure the Subdivision Improvements
Agreement. This collateral is acceptable according to the Collateral
Policy.
Staff Recommendation is for Approval of the Final Plat for the 4th
Filing of Eagle Lake Subdivision with the following conditions: 1) The
County Engineer shall approve the final construction plans before the
Final Plat is recorded; 2) The applicant shall prepare an agreement
concerning the looping of Eagle Lake Drive, if the east side of Eagle
Lake is developed. This agreement shall be recorded with the Final Plat
for the 4th Filing.
Mr. Hasler, attorney for the applicant, stated that the main concern
regarding the stub street is that the Carters and Nashs were assured
when they purchased their lots that there would be no traffic by their
homes; Mrs. Carter has an illness which is affected by traffic exhaust.
Mr. Hasler proposed that if the Board approves this request, the
applicant would like to reserve the right to acquire the property to the
south in the future and add it to Eagle Lake, which is authorized by the
covenants. The applicant is willing to commit to the Carters and the
Nashs that if the south property is purchased, they will petition the
Board to make the road coming in from Douglas Road a private road and
install a controlled access on this road. Also, the lot size and
density will be comparable to the other lots in Eagle Lake; and they
will oppose any other developer coming in and using the roads thru this
property. Mr. Hasler will work with Ms. Haag, the Carters and the
Nashs, and draft an agreement letter containing these commitments.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Staff Recommendation and approve the Eagle Lake Subdivision 4th Filing
(#92-SU0129), pending approval of legal counsel.
Motion carried 2 - 0 .
6. At this time, Mr. Hasler withdrew the request for the Eagle Lake
Subdivision 2nd Filing Amended Plat.
7. STEELE EXEMPTION APPEAL (#93-VA0235): SE 1/4 17-06-68; NORTH SIDE OF
COUNTY ROAD 32, 1/2 MILES WEST OF I-25, SOUTH OF FOSSIL CREEK
RESERVOIR; 10 ACRES; 1 LOT; AP-AIRPORT ZONING (4-19-93)
This is an appeal to allow the property owners to submit an application
for subdivision Minor Residential Development to create a 10-acre parcel
and a 54.5 acre parcel. The 64.5 acres is a tract that was created in
1974 with the approval of the Riddell Exemption. Mr. Pedas noted this
appeal is being submitted because of an illegal land division. Mr.
Pedas provided the background information, reviewed the major concerns
and issues, and stated that if the Appeal is granted and the Exemption
is approved, the matter of the illegal division is resolved. Staff
Findings are: 1) The subject property was a 64. 5-acre parcel resulting
from an approved Subdivision Exemption on February 13, 1974; 2) The
subject property does not qualify for an Exemption under the present
guidelines and criteria for Exemptions; 3) The current property owners
were apparently given inaccurate information relative to the status of
the 10-acre parcel as a legal building site, and they are unable to
obtain a building permit to construct a single family dwelling on the
site.
Staff Recommendation is for Approval of the Appeal to allow the Steele's
to submit an Exemption request to create a 10-acre parcel and a
54.5-acre parcel from a 64.5-acre parcel created in 1974 by a
Subdivision Exemption.
Mr. Jim Martell, attorney for the applicant, addressed the Board and
requested their approval of this appeal to allow the property owners to
submit an application for Subdivision Minor Residential Development.
Mr. Barnett noted that this Appeal is for a MRD under the new criteria.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Recommendation and approve the Steele Exemption Appeal (#93-VA0235).
Motion carried 2 - 0.
The meeting adjourned at 11:50 a.m.
WEDNESDAY, APRIL 21, 1993
ADMINISTRATIVE MATTERS
(#203)
The Board of County Commissioners met at 9:30 a.m. in regular session
with Bill Gordon, County Administrator. Chairman Hotchkiss presided;
Commissioner Disney was present. Commissioner Duvall was out of town.
Also present were Linda Coxen, Administrative Manager, Office of
District Attorney and Elaine Spencer, Manager, Engineering and
Operations. Recording Clerk, D. Lord.
1. REQUEST FOR APPROVAL TO APPLY FOR A FEDERAL GRANT - 1993 VICTIMS OF
CRIME ACT APPLICATION. Ms. Coxen reported to the Board that the program
began in 1990; however, the reauthorization of the Act would force the
county to compete for funding if an increase was requested this year.
Therefore, the requested amount of federal funds for 1993 would be the
same as 1992: $9,361.00. The grant provides services to victims of
domestic violence in the county. She assured the Board that they would
continue to seek diversified funding sources to limit the amount of
funding requested from the county.
2. DISCUSSION REGARDING APPOINTMENTS TO THE NORTH FRONT RANGE REGIONAL
TRANSPORTATION COMMITTEE. Ms. Spencer reviewed the process involved in
developing the names in nomination for the committee, which will include
representatives from Larimer and Weld Counties, including cities
representation. She asked that the Board approve the list.
MOTION
Commissioner Disney moved that the Board approve the appointments of the
following nominees to the committee, until such time that their task is
completed: David French, Don Nelson, John Harvey, Jerry Blehm, John
Barnett, Ed Haimes, Ken Ashley, Elaine Spencer, Sam Szymanski, Owen
Walters, Earl Wilkinson, Steve Johnson, Dale Miller, Larry Simpson and
John Peacock.
MOTION
Motion carried 2 - 0.
3. ACCEPTANCE OF RESIGNATION AND APPOINTMENT TO THE LARIMER-WELD
REVOLVING LOAN FUND COMMITTEE. Mr. Gordon reported to the Board that
Mr. Greenberg had submitted his resignation from the committee due to
his current workload. In his letter he recommended Ms. Kathy Kregel as
his replacement on the committee. A letter from Kathy Kregel had been
submitted indicating her interest in being appointed as Mr. Greenberg's
replacement. Commissioner Disney reported that he had met with Ms.
Kregel and discussed the appointment with her in relation to the
duration of her appointment.
MOTION
Commissioner Disney moved that the Board accept Mr. Greenberg's
resignation and appoint Ms. Kregel as his replacement for the duration
of his current term, which runs until December 31, 1993.
Motion carried 2 - 0.
4. COMMISSIONER'S REPORTS
Commissioner Disney reported that he had met with the Colorado Counties,
Incorporated Tax and Finance Committee regarding Amendment 1. The
consensus was that the counties would live with the consequences of the
amendment for the current year and then revamp the entire system next
year. He said that, depending upon the changes in the assessed value of
homes, the impact on county budgets could range from mild to severe.
The assessments for residential homes would drop to 12.86 percent, but
commercial assessments would remain the same. If the value of
residential homes increased by the same amount that the assessments were
required to drop, county budgets would remain stable. However, there
would be no way to predict the acutal impact until the implementation
year was over.
Commissioner Disney also reported that the elimination of the Lotto
discussed by the State Legislature was dead for this year, and that 1126
appeared to be doomed as well. In relation to the School Impact fees,
it would be up to the school districts to make the first move.
Mr. Gordon noted that the resolution to increase classified employees
salaries by 1 percent on July 1st would be ready for adoption by the
Board at the next Administrative Matters meeting.
5. WORKSESSION:
No items.
6. DOCUMENT REVIEW: The following documents, of routine nature, were
considered by the Board:
MOTION
Commissioner Disney moved that the Board approve the Minutes for the
week of April 12, 1993, and the agenda for the week of April 26, 1993,
as submitted.
Motion carried 2 - 0.
Commissioner Disney moved that the Board approve Petitions for Abatement
for Mary Lee/Marien Steward, Robert R. Cole, John & Lorene Ann Baum,
AAFB, Inc., Kelly/Lynn Dean, Herman and Dorothy Sedillo, W.W. Reynolds,
Bountiful, A. Lynn DeGeorge, Lee & Ruth Wagner, Susan Dumont, James
McCreery, Norlarco C.U., Tool & Johnson, Corlene Van Sluizer, and,
Choice Roofing, Inc.
Moion carried 2 - 0.
MOTION
Commissioner Disney moved that the Board approve the following
miscellaneous documents: Westridge Estates, P.U.D. Amended Plat - Lots
4 & 5; Miles Minor Residential Development Plat - #S-115-92; and,
Application for Funds for Drug Control and Improvement Program (DCSIP).
Motion carried 2 - 0.
LIQUOR LICENSES: County Approval was granted to Alman's Deli Works, 6%
- Fort Collins, CO; and a Waive of Hearing for a Change of Ownership for
Fall River Properties, Inc. dba Dark Horse Restaurant & Lounge, 2760
Fall River Road, Estes Park, CO. for a Hotel & Restaurant Liquor
License. Licenses were issued to Lovin Oven, 6% - Loveland, CO and
Mountain Greenery Resort, 6% - Bellvue, CO.
MOTION
Commissioner Disney moved that the Board approve the following
documents:
A93-73 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND
PORTER INDUSTRIES (Office Space at 418 E. 4th St. Ste.4, Loveland)
A93-74 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON COUNTY ROAD 2H
BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RICHARD L. AND
MARYANNE WEISS (Right-of-Way - Project #166)
A93-75 AGREEMENT CONCERNING BRIDGE REPLACEMENT ON COUNTY ROAD 63E
BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LOWELL K.
AND LOUISE T. ADAMS, ALBERT D. AND PHYLLIS K. DAVIS, JOSEPH P.
AND ERNESTINE A. COX AND LEROY J. AND FRANCES E. GRONQUIST
A93-76 WARRANTY COLLATERAL AGREEMENT FOR EAGLE LAKE - FIRST FILING
BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WESTERN LAND
AND INVESTMENT CORPORATION
A93-77 WARRANTY COLLATERAL AGREEMENT FOR EAGLE LAKE - SECOND FILING
BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WESTERN LAND AND
INVESTMENT CORPORATION
A93-78 SUBDIVISION IMPROVEMENT AGREEMENT FOR MILES MINOR RESIDENTIAL
DEVELOPMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND
JEROLD L. MILES ASSOCIATES IV
R93-53s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR EAGLE LAKE-
FIRST FILING
R93-54s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR EAGLE LAKE-
SECOND FILING
R93-55s RESOLUTION REGARDING REALEASE OF COLLATERAL FOR CRYSTAL VIEW
SECOND SUBDIVISION
R93-56s RESOLUTION REGARDING RELEASE OF RESTRICTION ON SALE OF LOTS FOR
CRYSTAL VIEW SECOND SUBDIVISION
R93-57g RESOLUTION ESTABLISHING SPECIAL EVENT PERMIT REQUIREMENTS FOR
LARIMER COUNTY ROADS
The meeting adjourned at 9:55 a.m.
_____________________________________
COURTLYN W. HOTCHKISS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
( S E A L )
ATTEST:
____________________________________
Dolores Lord, Deputy County Clerk
_____________________________________
Sherry E. Graves. Deputy County Clerk
