Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JULY 21, 1997

LAND-USE PLANNING MEETING

(#218 @ 200)

The Board of County Commissioners met at 3:00 p.m. in regular sesssion with Larry Timm, Director of Planning. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Al Kadera, Subdivision Administrator; Rob Helmick, Senior Planner; Carol Evans, Planner II; John Pedas, Code Enforcement Officer; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

BOARD OF EQUALIZATION

Commissioner Olson moved that the Board of County Commissioners approve the recommendations and decisions made by the Board of Referees for the hearings held on July 17 and 18, 1997.

Motion carried 3 - 0.

Chair Disney noted that the following is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. EAST OWASSA SUBDIVISION LOT 50, BLOCK 31, AMENDED PLAT

(#97-SA1075): 27-10-73 IN RED FEATHER LAKES; .4 ACRES; O-OPEN

ZONING

This is a request to combine an existing subdivision lot with an adjacent metes and bounds parcel resulting in one building site and to vacate an existing access easement. Staff findings include: 1) East Owassa Subdivision was platted in 1946; the lots are relatively small and the County has encouraged combining adjacent lots to raise the average lot size; 2) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections; 3) This request includes the vacation of part of an access easement which would divide the new lot. Other parts of this access easement were vacated by previous Board action; no lots will be left without access if the vacation is approved. The staff recommendation is for approval of the vacation of the access easement on the west line of Lot 50, Block 31, and approval of the Amended Plat of Lot 50, Block 31, East Owassa Subdivision.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the East Owassa Subdivision, Lot 50, Block 31 Amended Plat (#97-SA1075).

Motion carried 3 - 0.

2. ROCKY ROAD QUARRY SPECIAL REVIEW (#97-ZR0961): NE 02-05-70 -

WEST OF COUNTY ROAD 27, 1/2 MILE NORTH OF U. S. HIGHWAY 34;

106.49 ACRES

This request for Special Review of a sandstone quarry operation over 106 acres (total), for amendment of the Lyons Stone Quarry Special Review #Z-27-90, and expansion of same, was heard by the Board on July 7, 1997 and at that time was taken under advisement until today to allow time for the Board to consider all the evidence and review the tape of the Planning Commission hearing before they render their decision. The staff findings and public comments are outlined in the Minutes of July 7, 1997; after the Board's consideration of the conditions proposed by staff and those proposed by the applicant at the hearing, the conditions were modified as follows:

The Planning Commission/Staff recommendation is for approval of the Rocky Road Quarry Special Review, with the following revised conditions: 1) The operation of the Rocky Road Quarry shall be as specified in Exhibit A of Rocky Road Special Review (File #97-ZR0961), and as modified by conditions of approval. (Exhibit A is a copy of the application and subsequent information submitted by the applicant on April 14 and 29, 1997. Any changes to the operations, as specified in Exhibit A or in conditions of approval, would require approval by Larimer County. The following operational items are noted for clarification: A) Days and hours of operation shall be Monday through Friday, 7:00 a.m. to 5 p.m. and Saturday 8:30 a.m. to 3:00 p.m. No operations or mining activities shall take place on Sundays. During the months of June, July and August, operations may be extended to 6:30 p.m. Monday through Friday. No overnight occupancy shall occur on the site; B) No blasting shall be allowed; C) No parking, loading or unloading of any vehicles will be allowed within the County Road right-of-way; D) Trucks shall not back out onto the County Road; E) All trucks are subject to existing State Statutes for maximum weight. No overweight permits will be issued and Larimer County reserves the right to spot check weights on loaded trucks; F) The operators shall be responsible for prompt and complete removal of material spilled onto the County roadway; G) The operation shall be conducted as wholesale only. Incidental retail sales will be allowed; however, there shall be no retail sales yard/facilities or advertising for retail sales; H) Adequate employee and customer parking shall be provided on-site. Bottled water shall be provided for employee use. Portable chemical toilets shall be provided and serviced by a licensed firm; I) During hours that the operation is closed, the vehicles used on-site shall be stored out of view from adjacent properties and County Road 27; J) All conditions of approval shall apply to quarry operators, owners, employees, agents and contractors; 2) Maximum disturbed area to be permitted at any one time is 25 acres. Disturbed area shall include areas under extraction, areas under various stages of reclamation, but not yet released by MLRD (aka DMG), roads, berms, storage/parking/loading areas, soil stockpiles and on-site roads; 3) The conditions for this Special Review shall be subject to review and update, including additions, deletions, and modifications as necessary to protect the health, safety and welfare of the citizens of Larimer County, at 25 year intervals; 4) Prior to beginning operations under this Special Review, the operators shall submit a survey map of the property prepared by surveyor licensed in the State of Colorado. The survey map shall include property boundaries and corners, roads, accurate boundaries and identification of extraction, reclamation, storage/loading areas and location of structures. The survey shall also show and label the grid, as proposed in application, and indicate where grid corners have been surveyed and marked in the field. Corners of the property shall be marked as specified in application, with metal or cedar posts painted at the top eighteen inches with day-glow orange. Corner posts shall remain in place throughout the life of the operation and shall be replaced by the operators as needed, due to damage or other loss. A copy of the October 1996 aerial photograph that was used as the basis for the application materials for this Special Review shall also be submitted; 5) An annual report on the status of mining and reclamation shall be submitted to Larimer County Planning Department which contains information on production in tons, # of employees, traffic generated by employees and customers by type of vehicle and a copy of the annual report required by the State MLRD, which shall include a copy of the operator's annual report to the State that details overall compliance with the storm water management plan. A survey map or combination of survey/orthophoto mapping shall be included to depict the property and provide area calculations for the various categories. The map should also show the current locations of the mobile storage buildings and stone cutters and label the various features and areas shown. Three copies of the report and supporting documents shall be submitted to the Planning Department annually by March 1; 6) On and before August 1, 1998, the applicant shall complete the construction of a paved commercial apron at the entrance to County Road 27. An access permit shall be required and design of the apron and access approach shall be approved by the County Engineering Department prior to the beginning of construction; the applicant shall be required to complete construction of the apron and make repairs, as necessary, to the existing roadway; 7) Prior to June 9, 1997, the operator shall submit three copies of the stormwater management plan to the Planning Department (This condition has been completed by the applicant); 8) Any remaining broken pallets shall be removed from the property no later than 60 days following the County Commissioner's hearing on this Special Review. Garbage, broken pallets, inoperable equipment or other similar materials shall not be allowed to accumulate on the site; 9) Prior to beginning mining activity in the area shown as the South Quarry, a mining plan shall be submitted for technical review by appropriate agencies to address site specific issues, such as plans for drainage and erosion control for that area, access and traffic, and health-related issues. Changes to access and addition of buildings or other improvements shall require an application for an amendment to the Special Review; 10) Upon conditional approval of this application, all prior Special Review approvals shall be come null and void. Any activity relative to this operation would then have to be conducted in accordance with the new approved plans and the old plans would no longer be available; 11) If, any time after the date of approval by the Board of County Commissioners and after notice and opportunity for hearing, said Board determines that the subject mining operation has ceased for any period of three consecutive years, then this Special Review may be revoked and the approval declared null and void.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendation and approve the Rocky Road Quarry Special Review (#97-ZR0961), with the conditions as revised and outlined.

Motion carried 3 - 0.

3. BAUER VEHICLE RESTORATION SHOP ZONING VIOLATION

(#94-ZV0454): 35-05-69 - LOT 11 IN CLOVERDALE ACRES SUBDIVISION,

212 SW 35TH STREET IN LOVELAND

This alleged violation is for accumulating, storing, repairing and selling various kinds of vehicles in the R-1 Residential Zone; this matter was heard by the Board on July 14, 1997 and was continued until today to allow time for the definition of conditions for compliance to be determined by the Board. The staff findings and public comments are outlined in the Minutes for July 14, 1997; after deliberation by the Board, the conditions for compliance are as follows: 1) Mr. Bauer is allowed to keep the John Deere tractor which he owns; 2) He is allowed to restore one tractor, in addition to the John Deere tractor; 3) Removal of all other materials from the property; such as, the trucks, lumber, and assorted other materials, is required; 4) If the trucks are kept as collectors items, they will have to be effectively screened by either placing them in a building or having them licensed and operable; 5) Tarps cannot be used for screening of trucks or materials; 6) The time for discontinuance of working on the tractors will be changed from 10 p.m. to 8 p.m. on weekends; 7) Non-residents are not allowed to work on this hobby at this location unless Mr. Bauer is present.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners found, in the matter of the Bauer Zoning Violation, that a zoning violation exists, required compliance within 60 days, and authorized legal action if the deadline is not met; the conditions for compliance are as defined and outlined above.

Motion carried 2 - 0; Commissioner Clarke abstained from voting as he was out of town last week and did not attend the hearing.

4. JANSMA MINOR RESIDENTIAL DEVELOPMENT APPEAL (#97-EX1073):

05-04-69 - SOUTHEAST OF THE INTERSECTION OF COUNTY ROAD 14

AND COUNTY ROAD 25; 54 ACRES; 2 LOTS; FA-1 FARMING ZONING

This is a request is for an appeal of the Minor Residential Development criteria to allow the processing of a MRD application on a 54-acre parcel created after 1972 to create 2 lots of 26+ acres. Mr. Helmick described the project and location of the site and reviewed the major issues and concerns; he noted that this site was part of the Gardner MRD which was approved last year, but was not finalized and subsequently was sold and divided into three 35-acre tracts and this 54 acre tract. Staff findings include: 1) The Minor Residential Development process was amended in February 1993 to limit the types of parcels that are eligible to be divided without going through the full subdivision process; 2) The full subdivision process is available to divide parcels that are not eligible for consideration under the Minor Residential Development process. A subdivision request on this property would be reviewed by the Larimer County Planning Commission prior to hearing with the County Commissioners; 3) This parcel was created in 1996 and is not eligible for the Minor Residential Development process; 4) The result of a Minor Residential Development on this property would be to increase the density in the area without the benefit of the subdivision review; 5) Staff does not find circumstances or conditions of this property to be sufficient to justify waiver of the regulations. The staff recommendation is to deny the Jansma Minor Residential Development appeal, based on the findings of staff.

Dan Stroh, representative for the applicant, assured the Board that Mr. Jansma did not know anything about the Gardner MRD when the property was purchased and noted that it is not recorded nor of public record. Mr. Stroh stated that the area to the north, south, and west is comprised of 35-acre sites, all the utilities are in place, and the impact to the area would be much less with one more building site than if they go through the subdivision process and create a cluster of home sites; he noted that the access off CR 23 is quite large and not a problem.

Questions from the Board and discussion followed. Commissioner Clarke asked how many building sites could be allowed if they went through the subdivision process; Mr. Helmick responded up to 20. Commissioner Clarke stated that when he considers which process will benefit the public the most, this request has merits. Chair Disney expressed concern because he has learned from experience that if you grant an exception, then subsequent requests are received to grant other exceptions and if those are denied then the County is sued and the allowed exceptions are cited; he noted that in the rare cases in which they have granted exceptions, there have been really unique circumstances and substantial public benefit.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and approve the Jansma Minor Residential Development Appeal (#97-EX1073).

Motion carried 2 - 1; Chair Disney dissenting for reasons stated above.

5. REQUEST TO RESCHEDULE HEARING:

Mr. Helmick informed the Board that the hearing before the Planning Commission last month for the replat of Colony Ridge lasted two hours; he noted it is scheduled for hearing before the County Commissioners at 3:00 p.m. on August 11, 1997. Mr. Helmick stated that a request has been received to reschedule the hearing for an evening meeting to provide an opportunity for more public participation; after discussion among the Board, they directed Mr. Helmick to reschedule the hearing for September 15, 1997 at 7 p.m.

The hearing recessed at 3:55 p.m.

CONTINUATION OF LAND-USE MEETING

(#219 & #220)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Carol Evans, Planner II; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; K-Lynn Cameron, Open Lands Manager; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

1. HIRSCH TRUCKING SPECIAL REVIEW (#96-ZR0812): NW 20-06-68 -

1/2 MILE SOUTH OF COUNTY ROAD 32, ON THE EAST SIDE OF

COUNTY ROAD 11, EAST OF THE UNION PACIFIC RAILROAD TRACKS;

62.9 ACRES; 1 LOT; AP-AIRPORT ZONING

This is a request for Special Review to allow a sand and gravel trucking business with an accessory single family dwelling on a 62.9 acre parcel; approximately 57 acres will remain in agricultural use. Ms. Evans described the project and reviewed the regulatory issues, Special Review criteria, and technical comments; she noted that in some cases they have a request for special review, such as a gravel mine or stone quarry, and those special review uses have to take place where the resource is, but that is not the case in this situation and staff does not find that this application meets all the criteria for special review. Ms. Evans noted that a special review proposal is subject to evaluation based on specific criteria to determine if the use is appropriate; she briefly summarized the comments of the Planning Commission. Ms. Evans informed the Board that the staff report includes letters of support and in opposition to the proposal, as well as a listing of 22 callers in opposition. Staff findings include: 1) The subject property is currently in agricultural use; uses in the surrounding area are agricultural and low-density residential. The applicant requests Special Review approval to locate a trucking business (office, storage and maintenance of sand/gravel hauling trucks) and an accessory dwelling on the site, keeping approximately 91% of the site in agricultural use; 2) In the Plan for the Region between Fort Collins and Loveland, both the Preferred Land Use Scenario and the Alternative Land Use Scenario show this area as "proposed open lands". While the agricultural use and single family dwelling meet the intent of the Plan and are compatible with the surrounding area, a four acre site for an industrial use does not comply with the Plan nor is it compatible with existing uses. Proposing to continue an agricultural use on a large percentage of the property does not justify the "spot" industrial use proposed for a portion of the site; 3) There is no compelling reason or locational requirement that would dictate that this industrial use be located in this area. This property is not located within any urban growth area nor is it located in or near any existing or planned industrial area. Truck storage and maintenance operations are more appropriately located in industrial areas. It is the general view of the County Health Department that industrial uses which use and generate hazardous materials should preferably be located in areas where public sewer and other urban services are available. If a specific use has a locational requirement for a rural location, then precautions need to be taken to protect the surrounding environment; 4) In the Plan for the Region between Fort Collins and Loveland, mixed use development is designated almost two miles to the east of this site along Interstate 25 and about two miles to the west along U. S. Highway 287. The "Mixed Use" category is described in the Plan as "areas which are comprised of one or more residential, public, commercial, or light industrial uses, developed according to an overall master plan". The Plan indicates that agriculture and open lands should be maintained in areas impacted by the airport, with an alternative land use of rural residential development in areas that are not airport-impacted. Industrial uses are not in conformance with the Plan for this area; 5) Additional information is needed regarding drainage, erosion control, truck traffic access to the site, wetlands impacts, and plans for managing waste oil and hazardous wastes. It is not known how potential noise and fumes from the operation may or may not affect other properties in this area; 6) The Airport Manager indicates that the proposal is compatible with the airport plan; avigation easements acknowledging airport operations are proposed; 7) The City of Loveland expressed concerns regarding location in areas affected by the Fort Collins-Loveland Airport. The City of Fort Collins Planning Department noted the proposal to keep 90% of the land in agricultural use as in keeping with the intent of the Plan for the Region, but expressed concerns regarding proximity to wetlands, non-compliance of the industrial use with the Plan, and location in the Airport Influence Area/Critical Zone in concluding that the use was not appropriate for this site. The City of Fort Collins Natural Resources Department recommends denial of the proposed industrial use; 8) The proposed Hirsch Trucking Special Review is not in conformance with the criteria for Special Review approval in the AP-Airport Zoning District, is not compatible with existing or approved uses in the area, and is not in conformance with the Plan for the Region between Fort Collins and Loveland. Approval of the proposed Special Review is not in the best interests of the public and may result in negative impacts on adjacent properties, wetlands and on access and traffic. The staff recommendation is for denial of the proposed Hirsch Trucking Special Review.

K-Lynn Cameron expressed concern about the proximity of the industrial site to wetlands and in an area proposed as open land in the Corridor Plan for Loveland and Fort Collins and the possible impact of an industrial use adjacent to a potential regional park preserve. Mr. Sheldon referred to pages 65 & 66 in the staff report, which outlines his comments; he noted that traffic impact is a big concern and CR 11 is a major collector and carries 2500 vehicles per day and CR 32 is a minor arterial carrying 5000 vehicles per day for a total of 7500 and with only 54 trips generated from this proposal, the impact is 1% and this does not raise a red flag about impact for the intersection, but they are concerned about the high numbers of counts on those roads. He noted that these roads have recently been reconstructed and are in good shape. Mr. Ryan stated that it is the general view of the Health Department that industrial uses should preferably be located in areas zoned for industrial and have surrounding uses that are similar in character. Mr. Ryan referred to his comments and recommendations, as outlined in the staff report on pages 60 through 63, and noted that the recommendations were considered by the Planning Commission at their hearing and added as conditions i - j - k & l; in addition, he recommended that the applicant also develop a waste management plan if the proposal is approved. Mr. Ryan thinks the technical issues can be solved, but they need to assure that hazardous materials aren't discharged into the septic system.

At this time, Chair Disney noted for the record that a letter was received from the City of Fort Collins, dated July 14, 1997, recommending denial of this proposal. Commissioner Clarke asked several questions about zoning regulations and the uses permitted in the A-Airport, I-Industrial, C-Commercial, and B-Business zones.

John Barnett, of John Barnett & Associates, noted that the land is currently under contract for purchase, subject to the Board's action tonight; he addressed the concerns which have been raised. Mr. Barnett stated that the B-Business zone allows transportation services and this use is very similar to a transportation depot except it has less of an impact; he noted that the AP-Airport zone allows residential and a variety of agricultural uses and a long list of special review uses. Mr. Barnett noted that the Hirsch's have agreed that for the life of the trucking operation there will be no further division or further intensification of the land use of this site; he noted that this proposal is compatible with existing or proposed uses in the vicinity, there will be less land disturbed, less run-off generated, less air quality impact, less noise generated, less visual impact than a residential development, and the proposed use will have far less traffic impact. Mr. Barnett continued that the topography provides significant screening, the hazardous materials will be regulated, and this proposal will pose no significant threat to public health, safety or welfare; he agreed they will have an avigation agreement and every effort will be made to manage impacts.

Chair Disney asked Loren Dilsaver, the current owner of the property, if he contacted the County to see if this land could be purchased with Open Lands funds; Mr. Dilsaver responded in the negative.

Danny Hirsch submitted pictures of the old and new sites and reviewed his 22 year history of being in the trucking business; he noted they have never had any complaints and this nove is necessitated because of an estate sale and he has proven that farming and his business are compatible. Mr. Hirsch showed a video of his previous site and cited the distances of the adjacent homes to his business. Mr. Hirsch stated that his trucks always pass the Colorado standard emissions tests and the trucks are always empty when they go out and when they come in. Commissioner Olson asked Mr. Hirsch how many trucks he owns; he responded that he currently has 13, but 20 are proposed in his 5-year plan.

The following persons addressed the Board in support of this proposal: Arthur Coldway, Jeff Jorgenson, Troy Tompson, Marian Steen, Jack Anderson, Pat Kistler, Robert Dickinson, Ron Frank, Dave Poortinga, Barry Precht, and Randy Hansen; those persons speaking in opposition were: Neal Miles, Mark Estrada, Bill Riley, Alise Branson, Jane Brautigan, James Wetzler, Sandy Garrett, Sandy Schifferns, Mary Collins, and Doug Hansen. The concerns and questions raised were: What happens if the business is sold and a different manager takes over; the major impact on property values; no bike path for bike riders, safety for the children, truck speed, traffic accidents and diesel fuel getting into Fossil Creek, noise, compatibility, placement of an industrial use in this area will degrade the area, development does not meet the guidelines outlined in the general plan for development of the Corridor, etc. Questions were raised about the location of the home in this proposal being the furthest distance possible from the trucking operation.

Comments made by those supporting the proposal were: Everyone has rights except those few that want to do something to make this County function; price of land makes farming prohibitive and Mr. Hirsch is supporting ag use with his business, not hazardous to the wetlands, good neighbor and law abiding citizen, these trucks actually slow the traffic down as they obey the speed limits and cars and bicycles probably cause more of a hazard than the trucks, this is highest and best use of this land and retains open space, and the industrial use if very minor. In response to Chair Disney's question about Mr. Dilsaver contacting the County to buy this land, Mr. Frank noted that the property has been under contract for 18 months, prior to the County accepting formal proposals to buy open space; but this proposal provides an opportunity to preserve a large amount of open space with little cost to the County.

Kim Hirsch addressed some of the concerns; she noted they have been using this path for years and never had a complaint regarding noise or fumes, they don't cross CR 32 to Timberline unless they are on a job in that area, they will not pass a single driveway to get to CR 32, they have agreed that if another trucking business comes in, they would have to go through the Special Review process, they will install a fire hydrant and the building will be made of all steel, it is not a heavy industrial business and has very low impact, and the largest land owners that border this property are here tonight to support this proposal.

In summary, Mr. Barnett addressed more of the concerns and stated that the business is buffered from the surrounding area by distance, topography, site design, and provides substantial protection from Fossil Creek Reservoir, etc.

At this time the public comment portion of the hearing was closed and opened for Commissioner's comments. Commissioner Clarke asked additional questions regarding this being an allowed use in this zoning area; Mr. Timm explained the rational for this being a Special Review use in the AP-Airport zone; he read aloud sections 24.2A, 27.1A, and 21.1 listing a number of uses permitted and he said the trucking operation being proposed is similar to and not more obnoxious than permitted uses listed in the Zoning Resolution, concluding that this type of operation is a permitted use through the Special Review process. Commissioner Olson discussed her interpretation of the Corridor Plan and noted that one of the goals of the Plan is to acquire open space and with this proposal, the property does not have to be purchased by the taxpayers of Larimer County for open space. Commissioner Clarke stated that it has been determined that this proposal is an appropriate use based on special review, and with regard to impact to this area, the truck traffic is already on this road so the net increase is almost zero. Chair Disney stated that it has been established that Mr. Hirsch is a good businessman and if asked if the land use proposed is good in the long term for this location, he would say "Yes" if this proposal was not in the proximity to the wetlands and he also objects to spot zoning; he continued that if this proposal is approved, the credibility and predictability of County land-use planning goes out the window and property values are not safe. Chair Disney noted that the County has zoning regulations for a reason and our professional staff has recommended denial of this proposal. Commissioner Olson stated she agrees with both of her colleagues, but she noted that the preservation of open space weighs heavy for her, as well as the zoning issues. Further questions from the Board and discussion followed; Ms. Evans explained the reasoning behind the design of the proposal. Chair Disney asked if it would be appropriate to ask for comments from the railroad company; Ms. Evans responded that notices and referrals were sent to the railroad company, but no comments were received. She continued that if the access road encroaches on the railroad right-of-way, then the applicant is responsible for gaining approval from the railroad prior to construction.

After lengthy discussion, the conditions of the Planning Commission's recommendation of approval were revised as follows: 1) Operation of the Hirsch Trucking Special Review shall be specified in Exhibit A of the Hirsch Trucking Special Review, and as modified by conditions of approval. Exhibit A is a copy of the application and subsequent information submitted by the applicant, as outlined on pages 27 through 36 of the staff report. Any changes to the operations, as specified in Exhibit A or in conditions of approval, would require approval by Larimer County; 2) The industrial use/building envelope shall be located a minimum of 300 feet from the wetlands on the adjacent property to the north; 3) Earth tone colors shall be used for the industrial structures. Non-reflective materials shall be used for roofing and siding of all structures. Outside lighting shall be downward directed and as approved by the Fort Collins-Loveland Airport Manager; 4) Required improvements shall be the responsibility of the applicant. These shall include landscaping, utility extensions, fire protection and road construction. Prior to issuance of building permits, the applicant shall: a) Submit approved road construction and access plans (4 copies, signed as approved by Larimer County Engineering and the Loveland Fire Department); b) Submit written documentation from the Fort Collins-Loveland Water District regarding plans/agreements with the applicant for installation of the water line extension and fire hydrants (2 copies); c) Submit utility plans signed as approved by the Water District, other applicable utility providers and the Loveland Fire Department (4 copies). Plans shall also be submitted for protecting the fire hydrant at the trucking business location from vehicular traffic; d( Submit copy of the U.S. Army Corps of Engineers Section 404 permit; e) Submit detailed landscaping plan (with building permit application). Landscaping plans shall include provisions for irrigation of the plantings until they are established. Trees and shrubs which die must be replaced within on year; f) Submit final erosion control and drainage plans for approval by County Engineering; g) Submit drainage basin fee calculation and amount; this fee shall be paid at building permit issuance; h) Submit 4 copies of the avigation easement; i) Submit a plan for managing waste oil and hazardous wastes for approval by the County Department of Health and Environment (4 copies). The plan shall, at a minimum, estimate the types and quantity of wastes to be generated, detail how these wastes will be stored on-site, outline spill prevention and cleanup procedures and outline how the wastes will be removed from the site; j) Submit 2 copies of a fuel storage permit from the Colorado Department of Labor and Employment Oil Inspection Section; k) Apply for a permit to construct the holding tank system for the shop bay drain system; l) Apply for a permit for an on-site sewage treatment system; 5) Installation of improvements shall be completed prior to relocating the business and beginning operations at this site and prior to issuance of a Certificate of Occupancy for use of the structures. If landscaping is not completed, a developer's improvement agreement and collateral to ensure installation of the landscaping must be submitted. The applicant shall also demonstrate that the fire hydrants meet the requirements of the Loveland Fire Department prior to Certificate of Occupancy; 6) No additional division on the property shall occur as long as the trucking business is in operation; 7) All conditions of approval of the Special Review shall apply to the current owner and all successors, owners, and occupants of the subject property.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and the Planning Commission recommendation and approve the Hirsch Trucking Special Review (#96-ZR0812), with the conditions as revised and outlined above.

Motion carried 2 - 1; Chair Disney dissenting because of the incompatibility of this use to the surrounding land uses.

The hearing adjourned at 10:15 p.m.

TUESDAY, JULY 22, 1997

ADMINISTRATIVE MATTERS

(#221)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were Donna Hart, Commissioner's Office Staff Services Manager, and Deni LaRue, Community Information Manager. Recording Clerk, M. Zmerzlikar.

1. OPEN SESSION FOR PUBLIC COMMENT: No one appeared for public comment this morning.

2. APPROVAL OF MINUTES FOR THE WEEK OF JULY 14, 1997:

M O T I O N:

Commissioner Olson moved that the Board of County Commissioners approve the Minutes for the Week of July 14, 1997, as submitted and amended.

Motion carried 2 - 0. Commissioner Clarke abstained because he was attending the NACO Conference the week of July 14, 1997 and did not attend the meetings.

3. APPROVAL OF SCHEDULE FOR THE WEEK OF JULY 28, 1997:

M O T I O N:

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the Week of July 28, 1997, as submitted.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N:

Commissioner Olson moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for July 22, 1997:

--Abatement approvals as recommended by the Assessor: McConnell, Hale & Co.; All County Chem Dry; Wallace J. Burke Trust; Estes Park Mtn. Fairways; Spartak Kamberi; Cory A. Bensley; Marlin D. Hinsch and Nicole R. Strohmeyer; Landvest; Lake Loveland Hotel, LTD.; Jon A. & Karen L. Wolfe; Robert & Elizabeth Leimgruber; and Norman D. & Janet M. Wright.

MISCELLANEOUS DOCUMENTS: Cimarron Lake Amended Plat; Simmons Minor Land Development; Operating Procedure 340.3A - Internet Access Policy.

LIQUOR LICENSES: A License was approved for Red Feather Super - 3.2% - Red Feather Lake, CO. Licenses were issued to: Vajradhatu - 6% SPECIAL EVENTS PERMIT for July 25, August 14, and August 31, 1997 - Red Feather, CO; Supermarket Liquors, Inc. - 6% - Fort Collins, CO; J.J.'s Country Corner - 3.2% - Fort Collins, CO.

A97-120 INTERGOVERNMENTAL AGREEMENT BETWEEN BOULDER COUNTY, JEFFERSON COUNTY, DOUGLAS COUNTY, LARIMER COUNTY AND EL PASO COUNTY FOR PHASE 2 FRONT RANGE MOUNTAIN BACKDROP PROJECT

R97-97s FINDINGS AND RESOLUTION APPROVING THE EHRLICH MINOR RESIDENTIAL DEVELOPMENT AND REZONING

R97-98s FINDINGS AND RESOLUTION APPROVING THE HARRIS SUBDIVISION

R97-99s FINDINGS AND RESOLUTION APPROVING THE MASTER PLAN AND PRELIMINARY PHASE PLAN OF RIVERSIDE FARM PLANNINED UNIT DEVELOPMENT

R97-100g RESOLUTION PROVIDING FOR THE APPOINTMENT OF INDEPENDENT REFEREES TO CONDUCT HEARINGS ON BEHALF OF THE LARIMER COUNTY BOARD OF EQUALIZATION

Motion carried 3 - 0.

  1. LOVELAND FACILITIES COOPERATION MEMORANDUM OF UNDERSTANDING, COOPERATION ON FACILITIES:

The Board of County Commissioners was requested to approve the Memorandum of Understanding Between the Loveland City Council and the Larimer County Board of County Commissioners, Cooperation on Facilities. The Loveland City Council and the Larimer County Board of County Commissioners acknowledge the mutual intent to cooperate for the benefit of the citizens of the City of Loveland and Larimer County to jointly plan, coordinate and locate needed public facilities. The proposed facilities are to be designed in a campus like setting to provide space for critical public and community services including public safety, police, fire, probation, County Court, and the District Attorney. The respective staffs are requested to carry-out with priority, and in a timely manner, the efforts necessary to accomplish these jointly held goals.

M O T I O N

Commissioner Clarke moved the Board approve the Memorandum of Understanding Between the Loveland City Council and the Larimer County Board of County Commissioners , Cooperation on Facilities.

Motion carried 3 - 0.

A97-121 MEMORANDUM OF UNDERSTANDING AGREEMENT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

THE LOVELAND CITY COUNTIL (Cooperation on Facilities)

6. APPOINTMENT TO THE EXTENSION ADVISORY COMMITTEE:

M O T I O N

Commissioners Olson moved that the Board waive the term limit provisions and reappoint Marilyn Heth to a three year term on the Extension Advisory Committee.

Motion carried 3 - 0.

7. RECOGNITION OF THE LARIMER COUNTY ENTRANCE SIGNS:

Chair Disney, Commissioner Clarke and Commissioner Olson each expressed appreciation and thanks on behalf of the residents of Larimer County to the construction companies which participated in the construction of a new sign constructed of flagstone and concrete and placed 3 miles east of I-25 on Highway 34 at the Kelim exit. Those companies contributing were Holnam Inc., Colorado Flagstone Inc., Q M Co. Inc., Loveland Ready Mix Concrete Inc., Bestway Concrete Co., and C-DOT, Larimer County Road and Bridge. Representatives of the companies attending the meeting today were as follows: Paul Thomsen and Bill Hook, Holnam Inc., Douglas Bachli, Colorado Flagstone Inc., Bob Buderus, Bestway Concrete Co., and Ron Jordan, Larimer County Road & Bridge, Loveland Shop. Each representative present today was given a picture of the new sign. A framed picture of the sign will be sent to each company to commemorate the occasion.

WORKSESSION:

--CCI Committee Representatives: Discussion, which had been postponed from a previous meeting, followed regarding a letter Mr. Lancaster had received from Colorado Counties, Inc. (CCI) with the amendments to the CCI Bylaws and a form for restructuring of the committees, and also requested the names of those who will serve on these committees.

--Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend.

COMMISSIONER REPORTS:

--Commissioner Clarke reported on his trip to Baltimore, Maryland, where he attended the National Association of Counties (NACO) Conference. Commissioner Clark participated in a public participation group and stated that Larimer County is "out in front" in terms of how the public is involved in our governmental process. He recommended a book, "Conservation Subdivisions," written by one of the speakers at the conference.

--Commissioner Olson asked that a meeting be set up with the Windsor Town Board to discuss sending and receiving area credits, and focus on how to apply the Transferable Development Rights (TDR) relating to Fossil Creek.

--Commissioner Olson reported that a call had been received from Senator Allard's office about Larimer County participating in the Airport Noise Study Group which will study the noise at DIA; discussion followed about Larimer County's participation and contribution to the study. Chair Disney asked Mr. Lancaster to report back to the Board with more information.

--Chair Disney reported on his trip to Granby last Friday. Funding requests totaling $92,000 were submitted with funding approved totaling about $60,000.

--Chair Disney noted that some time ago Senator Norton and Representative Anderson sent out a Tax System Fiscal Capacity Survey. The Board agreed that the survey needs to be completed and returned; the survey will be added to the policy work session next week.

Chair Disney stated that the North Front Transportation and Air Quality Planning Council passed a resolution in support of the Colorado Transportation Network proposal. They are requesting that the member entities each pass their own resolution indicating their support or opposition to this proposal. A resolution indicating support will be prepared.

At this time, County Attorney George Hass, joined the meeting for Legal Matters.

LEGAL MATTERS:

--Ordinance Concerning Open Fires Ban First Reading: George Hass, Larimer County Attorney introduced by reference The First Reading of the Ordinance Concerning Open Fires Ban for the Board of County Commissioners' consideration. Copies are available in the Commissioner's Office for anyone interested in reading the Ordinance.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 10:25 a.m. to discuss a personnel matter and possible litigation.

Motion carried 3 - 0.

The Executive Session ended at 11:20 a.m.; no action was taken.

WEDNESDAY, JULY 23, 1997

BOARD OF EQUALIZATION

The Board of County Commissioners met at 5:45 p.m. to review and approve the recommendations and decisions made by the Board of Referees for hearings held on July 21 & 22, 1997.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the recommendations and decisions made by the Board of Referees for the hearings held on July 21 and 22, 1997.

Motion carried 3 - 0.

The meeting adjourned at 5:50 p.m.

FRIDAY, JULY 25, 1997

BOARD OF EQUALIZATION

The Board of County Commissioners met a t 9:50 a.m. to review and approve the recommendations and decisions made by the Board of Referees for the hearings held on July 23 and 24, 1997.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the recommendations and decisions made by the Board of Referees for the hearings held on July 23 and 24, 1997.

Motion carried 2 - 0; Chair Disney was absent.

The meeting adjourned at 9:55 a.m.

_____________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

_____________________________________

Sherry E. Graves, Deputy County Clerk

____________________________________

Mitzi A. Zmerzlikar, Deputy County Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.