MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, JANUARY 6, 2020
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m., with Rob Helmick, Principal Planner. Chair Donnelly presided, Commissioner Johnson and Commissioner Kefalas were present. Also present were: Lesli Ellis, Community Development Department; Katie Gray, Engineering Department; Laurie Kadrich, Public Works; Jeanine Haag, Frank Haug, and Bill Resue, County Attorney’s Office; and Deirdre O'Neill, Deputy Clerk.
Chair Donnelly opened the hearing with the Pledge of Allegiance.
Chair Donnelly noted that the following item is on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience. Tim Gormley, a member of the audience asked to have it removed from the consent agenda.
Rob Helmick, Planner gave a brief power point presentation of the request including the location, applicant name and explaining the residual lots and went over the conditions as outlined below.
1. RED TAIL ESTATES RURAL LAND PLAN, FILE #19-LAND3889: This is a request to divide 176.9 acres into ten (10) single-family residential lots, ranging in size from 5.1-6.4 acres, and one (1) residential lot approximately 112 acres in size that will be protected from any further development for a minimum of 40 years, as required under the Rural Land Use Process (RLUP).
The Red Tail Estates Rural Land Plan (RLP) proposal is for the division of approximately 176.9 acres of land into ten (10) residential lots and one (1) residual lot. The residential lots will range in size from 5.1-6.4 acres. There will be one residual lot approximately 112.4 acres in size. The Residual Lot will be protected by a covenant for a minimum of 40 years, as required under the RLUP. The proposed density of the Red Tail Estates RLP, with one unit per 17.5 acres, appears to be compatible with the neighborhood. The entire property ownership is 545 acres however, only this part of the property is proposed for development at this time.
The Red Tail Estates RLP is located on the south side of County Road 4 where it transitions into County Road 27. It is southwest of the Town of Berthoud approximately one mile north of the Boulder/ Larimer County line. The Little Thompson River is located to the south of this site as well.
Originally the 545-acre site was previously approved for a 50-unit Conservation Development, but never completed and the approval expired.
The property is zoned O-Open, and FA1-Farming. It is a reclaimed mining site that is currently used as dry land grazing. There is a Poudre Valley REA substation site on the property as well as an existing Larimer County trail easement and trail head easement granted by a previous owner several years ago. This was intended to connect to the Red Tail Hawk Open Space but has not been completed due to issues with crossing the St. Vrain Supply Canal, located adjacent to the open space. The applicant has had conversations with the Open Lands staff regarding a possible relocation of both the trail and trailhead. Those have not resulted in any agreed upon change. The owner of the residual lot will be responsible for maintaining the residual land and for providing a periodic monitoring report(s) to the County.
This property is currently accessed from County Road 4 and Parrish Ranch Road and those accesses will be retained. The applicant is also planning for shared driveways for the new lots that will create only three new driveways on County Road 4. Additional right-of-way for County Road 4 will be dedicated with the final plat.
The existing lot is served by a well and public water and on-lot septic. Domestic water for the new lots will be provided by a combination of Little Thompson Water District and an existing well as well as one new well. All the lots will utilize on-lot septic systems. Electricity will be provided by Poudre Valley REA, and gas would be through delivered propane.
This application has been reviewed under criteria set forth in the Larimer County Land Use Code. Except as expressly modified by the approved conditions for this project, this development must comply with Section 5.8—Rural Land Use Process, the Road Naming and Site Addressing System Resolution, Section 8.8—Irrigation Facilities, Section 8.10—Management/Use Plans, and Section 4 – Zoning.
The referral agencies have responded, and fees will be collected at the time of final plat and building permit issuance as applicable to meet the requirements in Section 9.0—Land Dedications, Fees-in-Lieu of Dedications, Facility Fees and Capital Expansion Fees. The fees that will be collected on this project are park fees, school fees, drainage fees, and Transportation Capital Expansion fees. Other fees that will be collected are Rural Land Use Process fees in effect at the time of building permit issuance.
The Development Review Team recommends that the Board of County Commissioners approve the Red Tail Estates Rural Land Plan, File # 19-LAND3889, subject to the following conditions which must be met prior to approval of final plat by the Board of County Commissioners:
1. The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Red Tail Estates Rural Land Plan (File # 19-LAND3889) except as modified by the conditions of approval or agreement of the County and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Red Tail Estates Rural Land Plan.
2. Public water will be provided for this project. A letter of commitment from the water provider must be provided prior to final plat approval. This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the District. If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code.
3. All roads and drainage shall be in accordance with Section 5.8.6.D of the Rural Land Use Process. The drainage review must include information about the effects of the proposal on existing drainage patterns and address concerns about future site grading and/or storage ponds plans that might impact the on-lot septic systems and outlines plans for mitigation of such effects. Before final approval, all designs must be prepared, stamped, and certified by a qualified professional engineer licensed in the State of Colorado that design standards in 5.8.6.D. were followed.
4. The applicant must obtain an access permit for the new access and any existing access points that have a change in use from the Larimer County Access Coordinator prior to commencing any construction on the project. The applicant and applicant's engineer must contact the Larimer County Access Coordinator to discuss access design requirements. The applicant shall comply with all such design requirements. The applicant's plans must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that they meet the access design requirements.
5. The owners shall dedicate a 40-foot half section of right-of-way along Larimer County Road 4. This dedication shall be shown on the final plat.
6. Road names and addressing shall meet standards in the “Road Naming and Site Addressing System Resolution”.
7. If fences and existing trees are currently located in the existing or newly dedicated right-of-way, the applicants shall enter into a binding fence removal agreement with the County which, at the request of the County, shall obligate the owners to remove, at their expense, the existing fences in the dedicated half section of right-of-way. No new fences, trees or buildings shall be allowed in the right-of-way; however, repair and maintenance of existing fences shall be allowed. The fence removal agreement shall be reviewed and approved by the County Attorney.
8. On-site septic systems for each lot will be required to meet the requirements of the Larimer County Health Department for the new lots.
9. Automatic fire protection sprinklers will be required for all new residential structures or another approved fire plan approved by Berthoud Fire District or written permission to deviate from this requirement must be provided from the fire district.
10. The residual land management plan must be reviewed and approved by Development Services Team (DST) prior to final plat approval.
11. The residual land protective covenant and final development agreement must be reviewed and approved by the County Attorney and the DST prior to final plat approval.
12. Restrictive covenants (if any), including provisions for internal road maintenance, small acreage management, architectural guidelines, and other requirements must be reviewed and approved by the DST prior to final plat approval OR at minimum, a Road Maintenance Agreement must be submitted and reviewed and approved by the County Attorney and DST prior to final plat approval.
13. A Lot Sale Prohibition shall be placed on this property preventing the sale of any new lots until the applicable improvements (i.e., legal access and public utilities, including but not limited to roads, water supply and electricity) have been completed and/or installed according to the project requirements. The lots cannot be sold, transferred, or conveyed unless and until Developer provides written designation stating the improvements have been completed for the lot proposed to be sold, transferred, or conveyed. The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots. Upon receipt of such written designation, County will provide to the Developers a release of the Lot Sale Prohibition for the particular lot(s) for which the improvements have been completed.
14. Little Thompson Water District will need to acknowledge that they do not oppose wells
15. The following must be listed on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase:
a) The Red Tail Estates RLUP was approved by Larimer County under the County’s Rural Land Use Process. This is an abbreviated review process and does not involve the higher scrutiny afforded projects developed under other County land division processes.
b) Passive radon mitigation measures shall be included in construction of structures designed for habitable space on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.
c) Engineered footings and foundations may be required for new habitable construction. Please check with the Larimer County Building Department for requirements prior to submitting a building permit application.
d) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes). The Colorado Parks and Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise.
e) Many other species of wildlife live in the area; some can be dangerous to humans and pets. It must be remembered that landowners will be living with wildlife. Species that may be found in the area are coyotes, mountain lions, bobcats, skunks, badgers, raccoons, deer, elk, hawks, owls and eagles.
f) During certain times of the year, mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations.
g) Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times, these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats.
h) Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur. In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may always be carried out including nighttime.
i) If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture. Overgrazing will produce bare ground, weeds, erosion, and polluted runoff. Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing, and feeding.
j) Larimer County has adopted a Right to Farm Resolution.
k) The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), Drainage Fees, and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply.
l) Larimer County shall not maintain roads or streets in this development. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain streets may result in a lien being placed on these lots.
m) The owners of the residual land parcels will be responsible for maintaining the residual land according to the restrictions listed in the management plan and for providing periodic monitoring report(s) to the County.
n) Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement. The Developer and Larimer County executed this agreement in consideration of the approval of this Development. This Agreement was recorded in the Larimer County Clerk and Recorder’s office immediately after the plat. All purchasers should obtain and read the Development Agreement.
Chair Donnelly asked the applicant to address the Board.
Steve Hilde, applicant, explained that he has owned the property since 2011/2012 and explained his intent for the property to the Board and members of the audience.
Mr. Hilde let the Board know that this request has been significantly paired down from the original fifty residual lots requested to the ten now being requested from the Board.
Mr. Hilde did explain that he did have a neighborhood meeting to address neighbors’ concerns, which were primarily due to noise, traffic and lighting.
Chair Donnelly opened the hearing up for public comment.
The following members of the public addressed the Board: Tim Gormley is concerned that approval of these lots will change the rural character of the area and he is also concerned about the location to his property.
Adam Tveten mentioned that he is not necessarily against the request but is concerned about lighting and would like to see some provisions added as he is already having multiple lighting issues with another neighbor.
Cliff Wayne also mentioned that he is not opposed but does have concerns about traffic and the access points.
Dr. John Bonman also spoke about his concerns about the access points and the safety for kids.
Chair Donnelly closed public comment.
Steve Hilde, applicant, was given the opportunity to address the concerns mentioned by the audience.
Mr. Hilde explained that he has every intention in keeping the rural character which is why the lots are 5-7 acres each and some will be used as horse properties as well as the residual lots will be retained for grazing.
Mr. Hilde explained that he wants to comply with Larimer County regulations and is open to any suggestions from the planning staff.
There were some questions for staff on the access points on County Road 4 as well as the gravel roads.
Commissioner Johnson and Commissioner Kefalas both spoke about being supportive of the request but would like to add conditions on lighting guidelines and that the concerns about the access points be addressed.
M O T I O N
Commissioner Johnson moved to approve the Red Tail Estates Rural Land Plan FILE # 19-LAND3889 subject to the conditions with a sixteenth condition added that all lots must follow the Larimer County lighting guidelines.
Motion carried 3-0
With there being no further business, the Board adjourned at 3:50 p.m.
TUESDAY, JANUARY 7, 2020
ADMINISTRATIVE MATTERS MEETING
The Board of County Commissioners met at 9:00 a.m. with Linda Hoffman, County Manager. Chair Donnelly presided. Commissioner Johnson and Commissioner Kefalas were present. Also present were: Brenda Gimeson and Alisha Jeffers, Commissioners’ Office; Irene Jossey, Larimer County Treasurer, and Deirdre O'Neill, Deputy Clerk.
Chair Donnelly opened the hearing with the Pledge of Allegiance
1. PUBLIC COMMENT: Chair Donnelly opened the meeting to public comment giving citizens the opportunity to address the Commissioners regarding events and issues pertaining to Larimer County. Ed Behan addressed the Board.
2. BOARD REORGANIZATION FOR 2020:
APPOINTMENT OF CHAIR:
Commissioner Kefalas moved to appoint Commissioner Steve Johnson as the Chair for 2020 and authorize him to buy and sell real estate upon approval of the Board.
Motion carried 3-0
Chair Johnson proceeded to preside over the meeting
3. APPOINTMENT OF CHAIR PRO-TEM:
Commissioner Donnelly moved to appoint Commissioner John Kefalas as the Chair Pro-Tem for 2020 and authorize him to buy and sell real estate in the absence of the Chair upon approval of the Board.
Motion carried 3-0
4. POSTING OF MEETINGS:
Commissioner Donnelly moved to approve a resolution designating the public place in which notice is posted of meetings of the Board of County Commissioners.
Motion carried 3-0
5. RESPONSIBIITY FOR RECEIVING PROBLEM SOLVING REQUESTS:
Commissioner Donnelly moved to appoint Board Chair Steve Johnson as the person responsible for receiving and reviewing any formal problem-solving requests filed by the direct reports to the County Manager or County Attorney.
Motion carried 3-0
6. APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 30, 2019:
M O T I O N
Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of December 30, 2019.
Motion carried 3-0.
7. REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 13, 2020: Ms. Gimeson reviewed the upcoming schedule with the Board.
8. CONSENT AGENDA:
01072020A001 LETTER OF AGREEMENT DISSOLVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN LARIMER COUNTY AND COLORADO DEPARTMENT OF TRANSPORTATION(CDOT) FOR CONVEYANCE OF PROPERTY.
01072020A002 DRAINAGE AGREEMENT BETWEEN LARIMER COUNTY AND JOHNSON WAREHOUSE-FORT COLLINS, LLC
01072020P001 BUDGET POLICY-180.1
01072020R001 A RESOLUTION CANCELING 2017 TAXES DETERMINDED TO BE UNCOLLECTIBLE
01072020R002 A RESOLUTION REGARDING DEPOSIT AND INVESTMENT OF 2020 FUNDS BY COUNTY TREASURER
01072020R003 RESOLUTION DESIGNATING THE PUBLIC PLACE IN WHICH NOTICE IS POSTED OF MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS
01072020R004 RESOLUTION APPROVING CONTRACT FOR ACQUISITION OF REAL ESTATE
MISCELLANEOUS: Statement of Authority for 4872 Endeavor Condominium Unit 1; Assignment and Assumption of Contract and Memorandum thereof; Stipulate as to Tax Year 2019 Value- Selgren, Erick and Angela; Recommended Mid-Term Appointment to the Lyons Regional Library District Board of Trustees-Kaitlyn Fischer; Recommended Appointment to the Manor Ridge Estates PID #67-Todd DiCesare; Recommended Mid-Term Appointment to the Poudre River Public Library District Board of Trustees-Corey Radman.
LIQUOR LICENSES: The Following Liquor licenses were approved: Gateway Liquors- Loveland – Retail Liquor Store; Golf Club at Fox Acres - Red Feather Lake – New Manager Registration
Chair Johnson invited Larimer County Treasurer Irene Josey to update the Board on Resolution canceling 2017 taxes determined to be uncollectible and the Resolution regarding deposit and investment of 2020 funds by the County Treasurer.
Treasurer Josey gave an update on both resolutions and wanted to express her gratitude to her staff especially Vicky Glass for the 2017 low tax write off of $40,000.
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda of for Tuesday, January 7, 2020.
Motion carried 3-0
9. COMMISSIONER’S GUESTS: The Commissioners did not have any guests present.
10. INCREASED SHERIFF’S OFFICE STAFFING FOR THE TOWN OF BERHTOUD: Captain Mike Loberg, Sheriff’s Office, explained to the Board that this is a request for an additional FTE for the Town of Berthoud and will have the position of Corporal. The additional staff will add leadership and patrol in the evenings. Captain Loberg explained that all costs will be absorbed by the Town of Berthoud.
Commissioner Kefalas moved that the Board of County Commissioners approve adding a Corporal FTE to the Sheriff’s Office to meet the requested staffing increase for the Town of Berthoud.
Motion carried 3-0
11. REVIEW AND REVISE BOARD OF COUNTY COMMISSIONERS’ DIVISION OF RESPONSIBILITIES POLICY #01082019P001: Each year the Board of County Commissioners reviews and revises their liaison assignments for Larimer County boards and commissions, and Colorado Counties Inc. (CCI) steering committee assignments.
Michelle Bird, Public Affairs Director reviewed the Commissioners Division of Responsibilities and liaison assignments to the Boards and Commissions with the Board of County Commissioners for the 2020 year.
Commissioner Donnelly moved that the Board of County Commissioners approve the BCC Policy # P01072020P001 Board of County Commissioners’ Division of Responsibilities.
Motion carried 3-0
12. COUNTY MANAGER UPDATE: Ms. Hoffman updated the Board on this week’s coordination meetings and upcoming projects and activities. Ms. Hoffman spoke about staff shifting as Laura Walker has been appointed to the Director of Human and Economic Health and Heather O’Hare will take over as the Director of Human Services. Ms. Hoffman also wanted to recognize Kaitlyn Lovett who has been awarded Best and Brightest Intern.
13. COMMISSIONER ACTIVITY REPORTS: The Board detailed their attendance at events during the previous week. Commissioner Kefalas read the Letter of Consent to the Secretary of State, Michael Pompeo, pertaining to Lutheran Family Services for the re-settlement of children in Larimer County for the unoccupied minor program.
Commissioner Kefalas moved that the Board of County Commissioners approve the letter of consent to the Secretary of State, Michael Pompeo, regarding the executive order enhancing state and local involvement in re-settlement.
Motion carried 3-0
Chair Johnson and Commissioner Kefalas wanted to thank Commissioner Donnelly for his leadership and guidance in acting as Chairman of the Board of County Commissioners for 2019. They spoke of his many accomplishments and challenges and that he is always working for the good of the County.
With there being no further business, the Board adjourn at 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Deirdre O'Neill, Deputy Clerk