> Meetings & Minutes > 1995 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, JANUARY 17, 1995

SUBDIVISIONS

(#186 & #187)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Richael Michels, Planner; Al Kadera, Subdivision Administrator; Rex Burns, Engineering; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Ms. Michels noted that the Royal Vista Subdivision (#94-SU0504) has been withdrawn as the applicant decided not to proceed with that type of a subdivision; instead they have proposed the next item on the agenda.

1. ALVINA LEBSACK MINOR LAND DIVISION CHANGE OF CONDITIONS

(#92-EX0179): NW 1/4 OF 28-05-68; SOUTH SIDE OF STATE HIGHWAY

402, ONE MILE WEST OF I-25; 77.06 ACRES; 3 LOTS; FA-FARMING

ZONING (01-17-95).

This is a request to eliminate the condition which prevents division of Lot 2 without approval from the Board of County Commissioners. Ms. Michels noted that this item was heard by the Board on December 5, 1994, at which time they determined that the request was valid and appropriate and directed staff and the applicant to work out conditions for approval. Staff Findings include: 1) The Alvina Lebsack Minor Land Division was approved in 1992 with the condition that Lot 2 not be divided without approval from the Board of County Commissioners; 2) The division of Lot 2 into two 35-acre parcels, with the conditions agreed to by the applicant, will not create a significant impact on adjacent properties, transportation, or the environment; 3) This division will not have a negative impact on the health, safety, or welfare of County residents; 4) The County Commissioners have had the opportunity to review this proposal and have determined that it is an appropriate request.

The Staff Recommendation is for approval of the request that Lot 2 of the Alvina Lebsack MLD be allowed to divide into two 35-acre parcels, with the following conditions: 1) Olson Drive will be constructed to county standards prior to any development of these 35-acre parcels. Construction plans and final construction must be approved by the County Engineering Department. Olson Drive must be a publicly dedicated right-of-way; 2) Prior to construction of Olson Parkway, the applicant must obtain an access permit and meet the conditions of the Colorado Department of Transportation; 3) Utilities must be installed underground, where allowed; 4) Both lots must utilize residential sprinkler systems; 5) Park fees must be paid at building permit for each lot; 6) School fees must be paid prior to recording the Final Plat; 7) A plat must be created and recorded with notes regarding the above conditions as well, as the following statements: "Larimer County is not responsible for the maintenance of the roads in this subdivision. Lot owners must be responsible for any repairs, snow removal, or other maintenance." "Further division of these lots requires County approval."

Gene Fisher, representing the applicant, addressed the Board and stated that the conditions as presented are acceptable. Kent Eubanks, adjacent property owner, voiced concern why notice of today's hearing, and the proposed change, was not sent to adjacent property owners, as done previously for subdivision applications; he also expressed concern that clear definition is not made regarding use of the site. Ms. Michels responded that notification is not normally given for minor land divisions, nor would it be given for a follow-up change of condition to that minor land division, as usually they are considered to be low-impact. Regarding what uses would be allowed on the site, Ms. Michels stated that would be governed by the zoning regulations and subject to special review. Shirley Lebenz informed the Board that during the community meetings held for Royal Vista Subdivision, the water district did state that even though there may not be a problem with the water pressure now, there might be a problem in the future. Discussion followed.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff Recommendation and approve the Alvina Lebsack Minor Land Division Change of Conditions, with the conditions as outlined.

Motion carried 3 - 0.

2. LINDACRE MINOR RESIDENTIAL DEVELOPMENT (#94-EX0488):

Chair Disney noted that a request has been received for the Board to table the Lindacre Minor Residential Development item until February 27, 1995.

M O T I O N

Commissioner Duvall moved that the Board table the Lindacre Minor Residential Development (#94-EX0488) until February 27, 1995.

Motion carried 3 - 0.

3. ANDERSON SUBDIVISION RIGHT-OF-WAY VACATION (#94-0S0592):

14-05-69; NORTH SIDE OF FIFTH STREET, EAST OF COUNTY ROAD 17

(TAFT AVENUE); FA-FARMING ZONING (01-17-95).

This is a request to vacate a portion of the public right-of-way and add it to the adjacent parcel. Mr. Kadera noted that this item was previously tabled by the Board to allow time for the City of Loveland to respond whether or not they would like to retain this right-of-way for the purpose of extending Fifth Street across the canal. Mr. Burns stated that the City of Loveland has advised him that after due study, they have determined that they don't anticipate that a vehicular roadway will ever be put through on Fifth Street. Mr. Kadera submitted a map to the Board showing the recent survey of the area, and noted that the staff recommendation was expanded to have the easement include access to the irrigation and drainage facilities on the site. Staff Findings include: 1) Anderson Subdivision was approved in 1922; 2) The southerly 30 feet of the subdivision appears to be a dedicated right-of-way for Fifth Street; 3) The applicant owns two parcels that appear to be divided by the 30 foot right-of-way. There are possible discrepancies in the legal descriptions and the existing subdivision plat which must be resolved. Requiring an Amended Plat to show the disposition of the vacated right-of-way will require a survey that can address the apparent discrepancies; 4) All utilities serving this area reviewed the proposed vacation and stated no objections. However, two utilities requested that a utility easement remain in place of the vacated right-of-way; 5) Approval of the request to vacate a portion of Fifth Street will not leave any properties without access; 6) The City of Loveland's concerns about utility, pedestrian and emergency access easements can be accommodated on the Amended Plat that will be required as a condition of approval.

Robert Coons, representing the applicant, stated that they are in agreement with the conditions for approval. Roy Staples, adjacent property owner, addressed the Board with his concern about the easement taking away some of the rights they currently have--the easement is for utilities, pedestrian and emergency access and does not address equestrian use. After much discussion, the Board agreed to amend the conditions to also include equestrian use of this easement.

The Staff Recommendation is for approval of the request to vacate a portion of Fifth Street, with the following conditions as amended: 1) Prior to recording the resolution to vacate the right-of-way, the applicant shall submit an Amended Plat to show the disposition of the vacated right-of-way. The Amended Plat shall address the apparent discrepancies in the plat and legal descriptions of record on this property; 2) The Amended Plan shall dedicate an easement in place of the vacated right-of-way. The easement shall be for utility, pedestrian, equestrian, and emergency access and access to the irrigation facilities used by other property owners in this area.




M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff Recommendation, with conditions as amended, and approve the Anderson Subdivision Right-of-Way Vacation (#94-0S0592).

Motion carried 3 - 0.

4. MCGILL MINOR RESIDENTIAL DEVELOPMENT APPEAL (#94-EX0628):

Mr. Barnett stated that the Board has been requested to table the McGill Minor Residential Development Appeal (#94-EX0628) until January 23, 1995.

M O T I O N

Commissioner Duvall moved that the Board table the McGill Minor Residential Development Appeal (#94-EX0628) until January 23, 1995.

Motion carried 3 - 0.

5. ENCLAVE SUBDIVISION (#94-SU0429): NE 24-06-69; ON THE SOUTH

SIDE OF COUNTY ROAD 32, ABOUT 1/2 MILE EAST OF US HIGHWAY

287, 1/4 MILE WEST OF COUNTY ROAD 13; 40.76 ACRES; 8 LOTS;

FA-1 FARMING ZONING (01-17-95).

This is a request to divide 40 acres into 8 lots of 3.75 to 6.35 acres for single family residential use (Reviewed as The Outland Subdivision at Concept Technical Review). Mr. Kadera provided the background information, noting that this request was before the Board in August of 1994 and was tabled at that time because of several concerns; i.e., the wildlife study and the study of the Corridor Committee Task Force of this area had not been completed. Mr. Kadera informed the Board today that all the scenarios discussed with the Corridor Committee indicate that this property should be designated for low-density residential development because the site is surrounded by such development. With regard to the wildlife study, the applicant commissioned a wildlife impact evaluation study, which has been completed, and the applicant will be required to address the situation either by a management plan or other means. Mr. Kadera stated that the recommendation was made to preserve some of the area along Stanton Creek, a riparian area, for various mammals, small birds, etc. to use; consequently, the applicant has shown a setback in excess of 150 feet all along Stanton Creek which will be in an easement or in a tract. The Colorado Division of Wildlife reviewed the management impact study and responded that the site is not a critical habitat for any species of wildlife, mainly due to its size and the encroachment of development around it. However, Mr. Kadera noted that the U.S. Fish and Wildlife Service requires a permit when you disturb a burrowing owl site and the applicant has been advised that such permit is necessary

Staff Findings include: 1) The proposed Enclave Subdivision is consistent with the guidelines for development in the Rural Non-Farm area designated in the Intergovernmental Agreement for the Fort Collins and Loveland Urban Growth Areas; 2) The proposed Enclave Subdivision is consistent with the zoning of the site and with existing development in the immediate area; 3) This project has adequate water, sewer, fire protection, utilities, and access; 4) Approval of the proposed Enclave Subdivision will not result in any significant negative impacts on surrounding properties, utility services, transportation facilities, or the natural environment.

Commissioner Duvall requested clarification from Mr. Blehm concerning condition #5 regarding "a plan to deal with the prairie dogs"; she feels the county should take the lead on this and require humane methods of disposal. Mr. Blehm responded that the applicants have several options from eradication to some type of accommodation plan; and, he noted that there are very strict regulations for eradication.

Dave Shupe, representing the applicant, addressed the Board and stated that the permit application from the U.S. Fish and Wildlife Service has been received. Mr. Shupe also noted that the Wildlife Management report recommended that because an active prairie dog colony exists at this site, a portion of the area should be provided for the prairie dogs; therefore, the applicant restructured their plat to make an open space along Stanton Creek and along the tributary to the south to remain in a natural open space. Mr. Shupe stated that the applicant is in agreement with the conditions and noted the wetlands will not be disturbed.

The following adjacent property owners addressed the Board with their concerns: Sandra Tinsman, Tom Sipriani, and Bob Long. They asked questions about the purpose of the bridge, provision of easements along Stanton Creek for pedestrian and bicycle use, covenants addressing maintenance of Stanton Creek area, placement of the houses, requirements for size of homes, prairie dogs problems and related diseases, etc. Overall, the property owners said the plan is a good one, but they were disappointed that the Corridor Committee didn't recommended this area remain open space. Mr. Shupe responded that the purpose of the bridge is that it provides the only access from CR 32; with regard to maintenance of the creek area, the intent is to keep it in as natural state as possible. Mr. Shupe assured the property owners that he has heard their concerns expressed today and they will be addressed when developing the covenants.

Much discussion among the Board followed regarding the expressed concerns, and the Staff Recommendation conditions of approval were amended as follows: 1) The Final Plat for this project shall be completed in strict conformance with the conditionally approved Preliminary Plat and with the provisions of the Subdivision Resolution; 2) Construction plans shall be approved by the Loveland Fire Prevention Bureau, Fort Collins/Loveland Water District, South Fort Collins Sanitation District, and the County Engineer; 3) The "Building Limit" on Lots 1-4 and 8 shall be shown on the Final Plat in a manner that will protect the wetland from construction and will ensure that all buildings will be at least 100 feet from the centerline of the water course; 4) Prior to Final Plat approval, the applicant shall successfully petition into the South Fort Collins Sanitation District; 5) The Final Plat application shall include a plan acceptable to the County Commissioners which includes alternative humane options; such as, open space and berms to retain prairie dogs, removal of prairie dogs to other locations, etc., to address prairie dogs on this site; 6) The following notes shall appear on the Final Plat: A) Property owners shall not disturb any wetland area on this site without first obtaining a permit from the Army Corps of Engineers; B) Park Fees, Drainage Fees, and Off-site Road Fees shall be collected when building permits are issued for single family dwellings on this site; C) Engineered foundation plans shall be required for all construction on this site; D) The results of a radon test shall be submitted to the Planning Division before a Certificate of Occupancy is issued for any residential structure on this site. The radon test shall be conducted after the structure is enclosed and shall be done according to accepted industry standards; 7) The Final Plat application shall include provisions for the formation of a Homeowners' Association with a mechanism for collecting dues or fees for the purpose of maintaining the street, common area, and walkways shown on the Plat; 8) Utility easements and drainage easements needed to provide service to these lots shall appear on the Final Plat; 9) The Homeowners' documents for this project shall include provisions to require the immediate reclamation of building sites after construction to minimize the potential for soil erosion; 10) Prior to Final Plat approval, the applicant will be required to obtain an appropriate permit from the U. S. Fish and Wildlife Service for the disturbance of a burrowing owl site.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendation, with the conditions as amended, and approve the Enclave (Stanton Bridge) Subdivision (#94-SU0429).

Motion carried 3 - 0.

The meeting recessed at 11:00 a.m.

PUBLIC WORKS STANDING MEETING

(#187 @ 2100)

The Board of County Commissioners met at 3:00 p.m. in regular session with Rex Smith, Director of Public Works. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present was Frank Lancaster, County Manager. Recording Clerk, S. Graves.

1. Update on Transportation Plan: Mr. Smith submitted an outline of the Work Program for the Transportation Plan and noted they are currently in the process of developing the criteria to use for project prioritization, compiling a list of known deficiencies, and finishing the socio-economic profile which projects where growth will occur and what traffic will result from that growth. Commissioner Duvall asked Mr. Smith if the reality of funding needs is being addressed when the long-range systems needs are being identified; Mr. Smith responded that they will be looking at potential funding sources, as the funding they have now will not begin to satisfy the needs. Commissioner Duvall asked Mr. Smith if, in developing the transportation plan, it could be determined how the county's land use approval can stay within their ability to provide infra-structure. Mr. Smith is meeting with Mr. Felsburg later this week; at that time, he will schedule a time for him to make a presentation of the Transportation Plan to the Commissioners and answer the Board's questions which were raised today.

Much discussion followed concerning the North Front Range Transportation Plan. Commissioner Clarke stated that what is needed is an Intergovernmental Agreement which includes a reasonable, intelligent plan to assess some development fees to be used for roads, and also will provide some incentives for developers. Mr. Smith noted that if we continue to grow at the current rate, Larimer County is not going to be desirable place to live.

2. Burlington Northern Railroad Re-location: Commissioner Clarke stated that one of the Board's goals for 1995 is to work on the re-location of the Burlington Northern Railroad, noting that resolution of this issue could solve some of the transportation issues just discussed by providing additional automobile routes north and south in the county and provide an additional alternative in use of the rails. Commissioner Clarke requested that someone from Mr. Smith's staff be appointed to work with him on this re-location; Mr. Smith volunteered to work with him. Commissioner Clarke described for the Board the consolidation plan the City of Fort Collins is considering on the east side of town - they are going to loop the track east of Riverside so the Burlington Northern trains which come in from the east to go southeast out of town will not pass through the center of town, thereby reducing the delay time down from 60 minutes to less than 30 minutes per day.

3. Appointment of Road and Bridge Supervisor: Mr. Smith stated that there is a State Statute that requires the Road and Bridge Supervisor to be appointed or designated by resolution. Mr. Smith will provide the Statute for Mr. Lancaster so he can follow up on the appointment.

The meeting adjourned at 4:10 p.m.

WEDNESDAY, JANUARY 18, 1995

ADMINISTRATIVE MATTERS

(#188 @ 600)

The Board of County Commissioners met at 9:30 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided; Commissioner Clarke and Duvall were present. Also present were John MacFarlane, Director of Parks, and Neil Gluckman, Assistant to the County Manager. Recording Clerk, S. Graves.

1. PARKS BOARD REQUEST TO MEET WITH THE BOARD: Discussion ensued concerning the memo Mr. MacFarlane recently sent to the Board regarding the Parks Board request to meet with the Commissioners to discuss the issue of funding for the Parks Department. At that time, the Parks Board intends to ask for an increase in funding in 1995 and future years of an additional $350,000 to allow the department to maintain and improve the existing park system. Chair Disney suggested that the Budget Manager Mr. Keister make a budget presentation to the Parks Board so they will understand the county's budget picture. Mr. Lancaster suggested that in order not to delay giving an answer to the Parks Board, the Board should direct Mr. MacFarlane to inform them now that the Board does not have the funding requested, and the picture won't change after they see the budget presentation. Commissioner Clarke stated that making the budget presentation to the Parks Board was an excellent idea and it should be a requirement that all Boards and Commissions in the county hear the presentation each year. Commissioner Duvall requested that Mr. MacFarlane make it clear to the Parks Board that the Commissioners still support the Parks and Recreation Department and what they are trying to do.

With regard to the possibility of transferring the management of the existing County Parks system to the State, the Board concurred with the recommendation that Mr. MacFarlane develop a basic report showing the general scenario of how the County parks could be transferred to the State, and include a general listing of the pros and cons and administrative requirements for the transfer. This report will allow the Board to become more familiar with the issues surrounding the transfer. The Board agreed that a lot of public education needs to take place on this subject and, if the transfer takes place, it will be because it is in the best interest of the citizens of Larimer County. Commissioner Clarke will attend the next Parks Board Meeting and openly discuss the subject of the transfer and make it very clear that the county is not giving anything away.

2. WORKSESSION:

-- Items for Cabinet Meeting January 26, 1995: Mr. Lancaster submitted a list of subjects discussed previously during Cabinet Meetings and asked the Board for suggestions of other items they would like to discuss in the future. Because all three Commissioners will not be present for the January 26, 1995 Cabinet Meeting, the meeting will be canceled and rescheduled for February 23, 1995 when everyone can be present.

-- Invitations: Mr. Lancaster reviewed the pending invitations with the Board.

3. COMMISSIONER'S REPORTS:

-- Commissioner Clarke reported that next week he will be attending the Governor's Meeting in Denver; he has received a copy of a survey on growth which was sent to those attending the Governor's Meeting. Commissioner Clarke asked if the Board wanted to give him their input on the questions, or should he fill it out himself; the Board told him to do it since it was sent to him.

4. DOCUMENT REVIEW: The following documents, of a routine nature, were considered by the Board:

M O T I O N

Commissioner Clarke moved that the Board approve the Minutes for the week of January 9, 1995 and the Agenda for the week of January 23, 1995, as submitted.

Motion carried 2 - 0; Commissioner Clarke not voting as he was not sworn in as County Commissioner until January 10, 1995.

LIQUOR LICENSES: County Approval was granted to City Park Liquors - 6% - Fort Collins, CO., and Cono-Services, Inc. for CHANGE OF CORPORATE STRUCTURE for 3.2% Licenses for Conoco #06354 at 3809 Mulberry, Fort Collins, CO.; Conoco #06358 at 5009 N. Garfield, Loveland, CO.; Conoco #06381 at Poudre Canyon Highway 287, Bellvue, CO.; and Conoco #06382 at Hwy. 287 and Overland Trail, LaPorte, CO.

M O T I O N

Commissioner Clarke moved that the Board approve the following documents:

A95-01 FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THE STATE OF

COLORADO (Amended Lease for the Provision of Additional Space

being acquired for Re-Employment Center in Fort Collins Office)

A95-02 LEASE AGREEMENT FOR SENIOR CHUCKWAGON BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND WARREN

KRAXBERGER

A95-03 COMMENCEMENT MEMORANDUM PURSUANT TO THE FIRST

AMENDMENT TO OFFICE LEASE AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND HISTORICAL OPERA

HOUSE PROPERTIES, LTD. (Original Lease for Office Space in the

Opera Galleria was signed September 28, 1994)

R95-06s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

TRI-CITY SUBDIVISION

Motion carried 3 - 0.




5. LEGAL MATTERS:

At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag, and Code Enforcement Officer John Pedas joined the meeting for Legal Matters.

M O T I O N

Commissioner Duvall moved that the Board go into Executive Session at 10:25 a.m. to discuss attorney-client matters and contract negotiations.

Motion carried 3 - 0.

The Executive Session ended at 11:00 a.m.; no action taken.

LIQUOR LICENSE HEARING FOR REV ENTERPRISES, INC.

DBA SANDY'S CONVENIENCE STORE IN LOVELAND

(#188 @ 3500)

The Board of County Commissioners reconvened at 1:30 p.m. for a Liquor License Hearing for REV Enterprises, Inc., dba Sandy's Convenience Store. Chair Disney presided and Commissioner Duvall was present; Commissioner Clarke was absent as he was attending the Colorado Counties, Inc. New Commissioner Orientation in Denver. Also present were Frank Lancaster, County Manager, and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Following a review of the contents of the application file by Ms. Haag, applicant representative and corporate manager for REV Enterprises, Inc., Anne Benson, was sworn in and questioned. Ms. Benson made a presentation concerning the application, including clarifications required during the review of the file. For the record, Ms. Haag noted that there was no one appearing at today's hearing in opposition to the granting of this license.

This matter coming on to be heard this 18th day of January, 1995 for the application of Rev Enterprises, Inc., dba Sandy's Convenience Store, for a Colorado Retail 3.2% Beer (Fermented Malt Beverage) License, and the Board of County Commissioners having heard the testimony and evidence has considered and same and being fully advised on the premises, find that the requirements of the neighborhood and the desires of the inhabitants, indicate that the said license should be granted. Therefore, it is ordered that a Colorado Retail 3.2% (Fermented Malt Beverage) License be granted to REV Enterprises, Inc., dba Sandy's Convenience Store.



M O T I O N

Commissioner Duvall moved that the application of REV Enterprises, Inc., dba Sandy's Convenience Store, for a Colorado Fermented Malt Beverage (3.2%) License, at the location of 5649 West U.S. Highway 34, Loveland, Colorado 80537, in the County of Larimer, be granted.

Motion carried 2 - 0.

The meeting adjourned at 1:55 p.m.


______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


______________________________________

Sherry E. Graves, Deputy County Clerk

January 18, 1995