MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, July 9, 2001

LAND USE HEARING

(#54)

The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Carol Evans and Matt Lafferty, Planners II; Russ Legg, Chief Planner; Jeannine Haag, Assistant County Attorney; Jerry Blehm, Director of Environmental Health; Christie Coleman and Traci Downs, Engineering; and Jean O'Connor, Clerk to the Board.

Mr. Lafferty requested that item #5 Harvest Height be moved to the consent agenda and staff is recommending this item be tabled to August 13, 2001 at 3:00 p.m. and that the applicant concurs.

Mr. Bruce Conover, the applicant noted for the record that he agrees with staff.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners table the Harvest Heights Subdivision Final Plat #99-S1453 to August 13, 2001 at 3:00 p.m. or until a signed Ditch Agreement and collateral guaranteeing public improvements is provided in a form acceptable to the County.

Motion carried 3 - 0.

Chair Rennels noted that the following items are consent and would not be discussed unless requested by the Board or members of the audience.

1. REMAX TEMPORARY USE: THE SITE IS LOCATED AT THE LAKE SHORE LODGE, 1650 BIG THOMPSON AVENUE, WITHIN THE UNINCORPORATED ESTES VALLEY

This is a request by Remax Mountain Brokers (Peggy Lynch) to give tethered hot air balloon rides for client appreciation. Staff recommends approval with the following conditions 1. The temporary use permit shall be in effect from 7:30 AM to 10:00 AM, Sunday July 15, 2001. There shall be no balloon rides before or after this specified time frame; 2. The hot air balloon shall not be inflated before 7:00 AM, and shall be deflated no later than 10:30 AM, of the same day; 3. There shall be no off-site signage advertising the event or Remax. This provision includes signage at the highway entrance to Lake Shore Lodge; 4. Submittal of a letter from the pilot stating he has inspected the site and found the size and shape will accommodate the temporary use.

2. AMENDED PLAT OF LOT 2, BLOCK 5, GRASSLANDS SUBDIVISION 2ND FILING: NE 29-5-69; AT SOUTH END OF HUAGO COURT, GENERALLY WEST OF COUNTY ROAD 21 AND SOUTH OF COUNTY ROAD 18

This is a request for an Amended Plat to add approximately 0.2 acres from an adjacent metes and bounds parcel to Lot 2, Block 5 Grasslands 2nd Filing. The resultant lot will be 23,654 square feet in size. Staff findings include 1. The proposed amended plat is in compliance with the Larimer County Master Plan and the Larimer County Land Use Code; 2. The amended plat is compatible with other development in the surrounding area; 3. Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by the amended plat. Staff recommendation is approval of the Amended Plat of Lot 2, Block 5, Grasslands 2nd Filing with the following conditions 1. The Final Plat shall include the following note: "The new lot created by this action is subject to the same restrictions, covenants and regulations as set forth in the plat of record of Grasslands Subdivision, 2nd Filing"; 2. The Final Plat shall be recorded by January 9, 2002 or this approval shall be null and void.

3. AMENDED PLAT OF TRACT 2, STOUT EXEMPTION: NE 29-5-69; WEST OF COUNTY ROAD 21 AND 1/4 MILE SOUTH OF COUNTY ROAD 18

This is a request for an Amended Plat to split off approximately 0.2 acres from this property to be added to an adjacent subdivision lot (Lot 2, Block 5 Grasslands 2nd Filing). The resultant lot will be 6.165 acres in size. Staff findings include 1. The proposed amended plat is in compliance with the Larimer County Master Plan and the Larimer County Land Use Code; 2. The amended plat is compatible with other development in the surrounding area; 3. Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by the amended plat. Staff recommendation is approval of the Amended Plat Tract 2, Stout Exemption with the following conditions 1. The Final Plat shall include the following note: "The new lot created by this action is subject to the same restrictions, covenants and regulations as set forth in the plat of record of the Stout Exemption #EX-95-83"; 2. The Final Plat shall be recorded by January 9, 2002 or this approval shall be null and void.

Commissioner Gibson requested item #4 be removed from consent.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve Remax Temporary Use; Grasslands Subdivision 2nd Filing Lot 2 Block 5 Amended Plat #01-S1774; and Stout Exemption Tract 2 Amended Plat #01-S1773 as presented and outlined above.

Motion carried 3 - 0.

4. AMENDED PLAT OF INDUSTRIAL BUSINESS PARK INTERNATIONAL PLANNED UNIT DEVELOPMENT (PUD) ENVELOPES B & C: SECTION 8, TOWNSHIP 7 NORTH, RANGE 68 WEST; LOCATED ON THE NORTHEAST AND NORTHWEST CORNERS OF THE INTERSECTION OF INTERNATIONAL BOULEVARD AND MEXICO WAY, APPROXIMATELY 1/8 MILE WEST OF TIMBERLINE ROAD.

This is a request for an amended plat to building envelopes B & C of the Industrial Business Park of the International PUD to create 8 industrial use lots and vacate two publicly dedicated cul-de-sac right-of-ways and utility easements. Staff findings include 1. The proposed amended plat is in compliance with the Larimer County Master Plan and the Larimer County Land Use Code; 2. The amended plat is compatible with other development in the surrounding area; 3. Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by the amended plat. Staff recommendation is approval of 01-S1777 - the Amended Plat for Building Envelopes B and C of the Industrial Business Park International PUD including easement and right-of-way vacations subject to the following conditions 1. All the conditions of the original approval for the Industrial Business Park International PUD shall apply to the Amended Plat of Envelopes B and C - Industrial Business Park International PUD; 2. A Development Agreement for the development improvements must be executed and acceptable collateral submitted prior to the recordation of the Amended Plat; 3. Construction plans for the road improvements, drainage improvements, and landscaping, must be submitted and approved by the County Engineering Department, Poudre Fire Authority, ELCO Water District and Boxelder Sanitation District prior to the recordation of the Amended Plat; 4. There shall be no vehicular access to Lots 3, 4 and 7 from International Boulevard. Due to wetlands at on Lot 8, Lot 8 shall be allowed access via International Boulevard; 5. The applicant shall place the following note in the amended plat: The new lots created by this action are subject to the same restrictions, covenants and regulations as set forth in the plat of record of Industrial Business Park International PUD; 6. Before the amended plat is recorded the applicant shall address the issues and concerns raised in the referral letters provided by the following departments and agencies: Larimer County Engineering - by Christie Coleman - dated May 31, 2001; Larimer County Engineering - by Dale Greer - dated May 11, 2001; Larimer County Health - by Doug Ryan - dated May 15, 2001; Poudre Fire Authority - by Michael Chavez - dated May 29, 2001; Boxelder Sanitation District - by W. Dean Smith - dated May 14, 2001; Army Corps of Engineers - by Timothy Carey - dated May 15, 2001.

Commissioner Bender inquired about a letter received from an adjacent property owner regarding drainage and road improvements for this proposal.

Mr. Dick Cushman, a representative of the property owner to the north, that drainage and road improvements would significantly impact the adjacent development. Mr. Lafferty stated that drainage and improvements would need to be coordinated between both projects. Ms. Coleman stated that Engineering would review the drainage plan and road improvements so the property to the north would not be "landlocked".

Chair Rennels suggested the property owners work together.

Mr. Dana Leavitt, representative for the applicant noted that he is also the representative for the property owner to the north and would work with the adjacent property owner.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Amended Plat of Industrial Business Park International Planned Unit Development Envelopes B & C as amended an outlined above.

Motion carried 3 - 0.

There being no further business, the hearing recessed at 3:35 p.m.

LAND USE HEARING

(#54 & 55)

The Board of County Commissioners reconvened at 7:00 p.m. with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Jerry Blehm, Director of Environmental Health; Jim Reidhead, Director of the Rural Land Use Center; Carol Evans, Planner II; Roxanne Hayes, Engineering; Brenda Gimeson, Rural Land Use Center Technician; Jeannine Haag, Assistant County Attorney; Jean O'Connor, Recording Clerk.

1. PRELIMINARY EXEMPTION PLAT FOR DOUGLAS FARM: SW 1/4 OF 24-8-69; ON THE WEST SIDE OF COUNTY ROAD 13, APPROXIMATELY 1/2 MILE NORTH OF COUNTY ROAD 54 (DOUGLAS ROAD)

This is a request to divide 109.1 acres into 11 single-family lots and one non-buildable lot on approximately 38.53 acres with the remaining 70.57 acres protected from further development by a perpetual conservation easement. Included in this exemption request is an appeal of the requirement to pave up to 1/2 mile of County Road 13. Staff findings are that State Statute permits the Board of County Commissioners to "Exempt" an application from any or all of the land division processes and standards. After careful review, it is recommended that this project be approved as submitted as an Exemption in consideration of the significant land use restrictions being voluntarily placed on the property. In addition, staff finds that the plan is in accordance with many of the principles, goals, and objectives of the Larimer County Land Use Code with a lower density than could have been approved under the regulations. Staff does not support the County Road 13 paving requirement appeal. Staff recommendation is approval of the Douglas Farm Exemption. The following contingencies must be met prior to final approval 1. Internal road design and other engineering requirements, including utilities, roads, right-of-way dedication, storm water plan, and erosion control plan, shall meet minimum design standards set forth in Appendix G of the Larimer County Road Manual. Design shall be prepared and stamped by a qualified professional engineer licensed in the State of Colorado with review and approval by County Engineering Department. Internal roads shall be dedicated and conveyed for public use; 2. Public water shall be provided for this project. A letter of commitment from East Larimer County Water District 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. Only one building site shall be allowed for Lot 10. Applicant must choose either Lot 10A or 10B as presented on the Preliminary Exemption Plat prior to final approval; 4. The residual land protective covenant and management plan must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval; 5. Homeowners' covenants, including architectural controls, and provisions for internal road maintenance, must be reviewed and approved by the County Attorney prior to final plat approval; 6. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 7. The following shall be included in a disclosure statement, approved by the County Attorney, and shall be submitted to residential lot purchasers and recorded at the time of closing: a) Fire hydrants with adequate fire flows and distance or automatic fire protection sprinklers are required for all new residential structures or written permission for variance from this requirement from the fire district; b) Passive radon mitigation measures shall be included in construction of residential structures 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 are required for new residential construction; d) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, raccoons, foxes, coyotes, prairie dogs and snakes). The Colorado Division of 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) 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; f) 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; g) 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 be carried out at all times including nighttime; h) 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; i) Larimer County has adopted a Right to Farm Resolution; j) The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre School District fees in lieu of dedication, County and Regional; k) The County has recently adopted a Development Construction Permit and this application may be subject to those fees; l) Some or all lots in this development include building envelopes. All structures must be located within these Larimer County approved building envelopes, as shown on the approved subdivision plat. Prior to the approval of the footing and foundation inspection, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope. This shall be accomplished by a written certification by a Colorado Licensed Surveyor (form available from the Larimer County Planning Department). If the structure requires a county Setback and Use Permit rather than a building permit, this surveyor's certification is also required; m) 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; n) Development of this site must be in accordance with a county approved drainage plan. All structures must be located and at a floor elevation that is compatible with the drainage plan. Prior to the approval of the footing and foundation inspection, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located and at an elevation that is compatible with the approved drainage plan. This shall be accomplished by a written certification by a Colorado Licensed Surveyor (form available from the Larimer County Planning Department). If the structure requires a county Setback and Use Permit rather than a building permit, this surveyor's certification is also required; o) County Road 13 shall not be paved.

Mr. Reidhead stated the two significant issues of the proposal are that the applicant is requesting an appeal of the requirement to pave County Road 13 (CR13), approximately 1/2 mile. Mr. Reidhead noted that area residents favor CR13 not being paved. The second issue, Mr. Reidhead continued, is that the applicant not be required to comply with the County Landscaping requirements.

Mr. Ken DeLine, the applicant stated that the reason for the appeal from Paving and Landscaping requirement is to maintain the rural character of the area and noted that the area residents objected to these conditions being made a requirement of approval at the neighborhood meeting.

Ms. Kathleen Kilkelly, area resident noted how the proposal complies with the themes of the adopted Larimer County Master Plan and sited many of the themes the proposal is in compliance with.

Ms. Mary Harnett, area resident stated that the requirement for this applicant to pave the road is a real burden and noted the "Fairness" principle contained in the Master Plan.

Mr. Paul Aravis, area resident noted his support for the proposal and stated that the historical nature of the property should preserve the integrity of the original agricultural use, which was a pickle factory. Mr. Aravis requested the Board keep CR13 dirt.

Ms. April Kershaw informed the Board that this proposal protects the rural atmosphere of the area and encouraged the Board to allow the road to remain dirt and exempt the project from the landscaping requirements.

Ms. Sue Whiteman noted support for the proposal and stated that the addition of 10 homes does not warrant paving and that engineering staff has noted that the project would have a "low impact" on CR13. Ms. Whiteman proposed lowering the speed limit and noted that 27 area resident's request that the road remains dirt.

Support from the audience for previous statements was approximately 20 citizens, as indicated by a show of hands.

Ms. Yvonne Wittreich stated the development would maintain the rural character.

Mr. Vernon Rand agreed with previous statements.

Mr. Phil Teeter suggested the applicants should be given a medal and granted the exemption. Mr. Teeter noted that much of the FA and FA-1 zoning in the county, if developed at maximum density, would not be compatible with existing neighborhoods and acreages.

Mr. Robert Linderman requested the Board reduce the speed limit on Douglas Road and noted that it is currently a "speed track". Mr. Linderman agreed with previous statements.

Ms. Margaret Phillips noted that she would like to continue riding her horses on the road and urged the Board to grant the exemption so she did not have to move to Wyoming. Ms. Phillips further noted that the magnesium chloride treatments were sufficient.

At this time the hearing was closed to public comment. Commissioner Bender asked if the "mag chloride" treatments on the roads caused them to be slippery when wet; consensus of the audience was that the treatments did not cause adverse impacts on the road.

Commissioner Bender asked if paving the road would be an agricultural hazard and Ms. Hayes noted that her previous employer required extra wide shoulders for agricultural vehicles on paved roads.

Much discussion ensued regarding "phasing in" the paving requirement and the allocation of capital expansion fees.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioner re-open public comment.

Motion carried 3 - 0.

Ms. Elizabeth Anderson; Ms. Lorna Weaver; Ms. Merlee Frasier-Davies; and Ms. Marilyn Bates.

The aforementioned citizens argued these points:

  • Douglas Road has required more maintenance since paving and is a hazard.
  • Dirt causes traffic to slow down- several children in the area, some deaf; paving would cause vehicles to speed.
  • No additional development can occur in the area due to physical constraints.
  • If the Board constituents being affected don't want the road paved, why force the issue.

Mr. DeLine stated that the viability of the project is jeopardized if paving is enforced and agreed that additional development is unlikely to occur in the area because of site constraints such as radio towers.

Commissioner Gibson noted for the record that the citizens of the area do not want CR13 paved and stated that the reverse of this desire should not be made in the future; Commissioner Bender agreed. Chair Rennels stated that if at some time in the future it is determined to pave CR13, then the residents can petition for a public improvement district.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Douglas Farm Exemption #01-S1800 as amended and outlined above.

Motion carried 3 - 0.

2. MOUNTAIN RIVER RANCH ESTATES CONSERVATION DEVELOPMENT: E 1/2 33-4-69; ON THE SOUTH SIDE OF COUNTY ROAD 4, ABOUT 1 MILE WEST OF US HIGHWAY 287

This is a request for Preliminary Plat for a Conservation Development to create seven lots ranging in size from 4.09 acres to 6.16 acres for single family residential use and 2 residual land lots (consisting of one lot of 62.23 acres with an existing residence and outbuildings and an "outlot" of 3.91 acres). The residual land is to remain in agricultural use; the outlot portion of the residual land is separated from the remainder of the residual land by the proposed access road for the development. Staff recommendation is approval of Mountain River Ranch CD with the following conditions 1. The Final Plat, Landscape Plan, Development Agreement, Management Plan, Disclosure Notice and Covenants shall be consistent with the information presented and submitted by the applicant except as modified by these conditions; 2. The developer is responsible for the requirements for fire protection regarding installation of fire hydrants, minimum fire flow/residential sprinkler system requirements and access as outlined in the letter from the Berthoud Fire Department dated 4/3/01. The developer is responsible for the installation of improvements for domestic and fire protection water service as required by the Little Thompson Water District; 3. The developer is responsible for the access, bridge, drainage and erosion control improvements required for the development of this project. The developer shall meet the conditions of approval for the Flood Plain Special Review (conditionally approved by the Board of County Commissioners on May 14, 2001); 4. The developer shall follow the recommendations for wetland mitigation and protection of riparian habitat and for prairie dog control as contained in the Wetlands Delineation and Mitigation report and the Wildlife Conservation Plan as submitted and as recommended by the Colorado Division of Wildlife in letter dated 11/8/00; 5. The Final Plat shall include the dedicated 30'public trail easement as outlined in the memo from the Parks and Open Lands Department dated 4/25/01. This shall be approved as a credit against the Park fees required by Condition #6 if determined to be applicable based on the opinion of the County Attorney's office and if an Application for Credit Agreement is approved as required by Section 9.4.10 of the Larimer County Land Use Code. If applicable, the credit shall be calculated as described in Section 9.4.10 of the Land Use Code and calculated at Final Plat; 6. The following fees shall be collected at building permit for new single family dwellings: Thompson R2-J school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and Larimer County Park Fee in lieu of dedication. The fee amount that is current at time of building permit issuance shall apply; 7. Site specific geo-technical investigations, including evaluation of subsurface drainage, will be required for each lot prior to construction to determine appropriate foundation design and drainage system design. Positive drainage away from structures must be implemented to prevent water from ponding or pooling. Geo-technical investigation reports must be submitted with building permit applications; 8. The applicant shall provide a Disclosure Notice to be approved by the County as part of the Final Plat application. The Disclosure Notice will be recorded with the Final Plat. This notice shall inform all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. Issues to be included (but not limited to) are issues related to rural development, requirements for site specific geo-technical investigations (including evaluation of subsurface drainage), requirements for engineered footings and foundations plans, the presence of expansive soils, the requirement for passive radon mitigation and other issues raised in this review and/or related to compliance with the Larimer County Land Use Code; 9. A livestock/pasture management plan as a separate exhibit to the Development Agreement for the seven residential lots shall be prepared for review and approval by the County staff at Final Plat. This plan shall address numbers, confinement areas, management and maintenance of the vegetative cover on lots, and manure management; 10. The applicant shall consider the Planning Commission's preferred preservation option for the residual land is that of a Conservation Easement; 11. The irrigation water, which is currently servicing the two lots, which are being converted into a Conservation Development, will remain with the property, whether it is with respect to the individual lots or with respect to the residual land. The water rights for the Supply Ditch, however, may be sold or traded; 12. The emergency access route shall be improved to County Road standards, but shall be gated from the Horseshoe Park Subdivision if permitted by the fire district.

Mr. Vaughn Furness, representative for the applicant noted that there is general agreement with the conditions of approval with the exception of #10 and #11. The applicant is seeking a third party to participate in a perpetual conservation easement, however the attempt has not come to fruition at this time. The applicant would like to retain the option of a conservation easement or a protective covenant. Mr. Furness further stated that the water to the site from the Supply Ditch has not been available since the surrounding properties were divided into 35-acres. Mr. Furness requested that the applicant be able to sell or trade the Supply Ditch water share. Mr. Furness also noted that compatible densities already exist in the area and that Horseshoe Park Subdivision was developed prior to the 35-acre developments.

Mr. Eric Berg, wildlife expert for the applicant stated that every effort has been made with the proposal to be wildlife and environmentally friendly. Bald eagles frequent the river corridor, Mr. Berg noted, but there are not nests at the site. Mr. Berg noted the applicant would remove the prairie dog colony only to the extent necessary. Individual lot owners could also decide further controls on the prairie dogs in the future.

Mr. Ken Dean adjacent property owner stated that when he purchased his 35-acres, he was told that a study of the area said there would be no further development due to environmental impacts and the devaluation of existing 35-acre development. Mr. Dean stated that the proposal has no benefit to the existing residents or the community.

Mr. Chuck Tesitor stated the proposal would have negative impacts on viewsheds and wildlife and that there is a liability to landowners when prairie dogs and subdivisions mix. Mr. Tesitor further noted that an existing road agreement exists through his property for two current property owners. The access agreement, Mr. Tesitor continued was never intended to support a development. Mr. Tesitor suggested the Board delay action and address these issues.

Mr. Dennis March addressed the attractiveness of the proposal and noted that current zoning of FA-1 allows for a much higher density. This proposal, Mr. Marsh continued, preserves the agricultural land and noted that if adjacent property owners want the entire site preserved, they should purchase it.

Mr. Furness rebutted and stated that 35-acre developments can be further subdivided and that those residents, had they done due diligence, should know this. Mr. Furness noted that a second access is required by code, and that the applicant is willing to work with the other property owners regarding the proposed emergency access.

Much discussion ensued regarding the location of the access easement, the use of, and whether or not it is a county road or a publicly dedicated road, and if "knockdown" barriers could be installed.

Commissioner Gibson asked if the irrigation water would be available to the individual lots, and Mr. Furness stated the irrigation water would be used for the buffer area and the lots would use Little Thompson water.

Chair Rennels asked if engineering staff had concerns with gating the road and the potential for future development. Ms. Hayes stated that at this time the gating is acceptable but would be re-addressed if additional development were proposed.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Mountain River Ranch CD #00-S1671 with the amendment to condition #11 regarding the option to sell or trade Supply Ditch water shares, and as outlined above.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned at 9:40 p.m.

TUESDAY, JULY 10, 2001

ADMINISTRATIVE MATTERS

(#56 & 57)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager at 9:00 a.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were George Hass, County Attorney; Jeannine Haag, Assistant County Attorney; Marc Engemoen, Director of Public Works; Mark Peterson, County Engineer; Jannelle Henderson, Director of Natural Resources; Larry Timm, Director of Planning; Ronda Ross and Gary Janezich, Information Management; Sean Wheeler, Planner II; Rob Helmick, Senior Planner; Donna Hart, Commissioner's Administrative Manager; Deni La Rue, Community Information Manager; Melinda Keen, Commissioner's Office; Brian Person, Bureau of Reclamation; Erik Wilkinson, Northern Colorado Water Conservancy District; Mark Sears, City of Fort Collins Natural Resources; Tim O'Neill, Diana Foland and Ted Davis, Foothills Gateway; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: The Board of County Commissioners is available from 9:00 a.m. to 9:30 a.m. for public comment.

  1. APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 2, 2001:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of July 2, 2001 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF JULY 16, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of July 16, 2001 as amended.

Motion carried 3 - 0.

  • Invitations: Ms. Hart reviewed pending invitations with the Board.

4. CONSENT AGENDA:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the following documents as presented on the consent agenda for July 10, 2001:

A01-101 SECOND AGREEMENT TO AMEND INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS FOR PROPERTY TRANSFER - McMurry Open Space Property

A01-102 HRMS IMPLEMENTATION CONSULTING SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND APPSABILITY, LLC

A01-103 REIMBURSEMENT AGREEMENT BETWEEN LARIMER COUNTY GENERAL IMPROVEMENT DISTRICT #1 AND PROGRESSIVE LIVINGS STRUCTURES

D01-11 DEED OF DEDICATION OF PROPERTY BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ROBERT E FURST FOR USE AS A PUBLIC HIGHWAY

R01-100g RESOLUTION PROVIDING FOR THE APPOINTMENT OF INDEPENDENT REFEREES TO CONDUCT HEARINGS OF BEHALF OF THE LARIMER COUNTY BOARD OF EQUALIZATION

R01-101g RESOLUTION DISSOLVING THE LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT #1997-1: Fort Collins Industrial Park

R01-102 RESOLUTION DECLARING THE INTENTION OF THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY TO CREATE LOCAL IMPROVEMENT DISTRICT #2001-1: Fort Collins Industrial Park

LIQUOR LICENSES: The following liquor license is approved: State Board of Agriculture, CSU Special Event Permit- 3.2%- Fort Collins, CO

Motion carried 3 - 0.

5. DISCUSSION OF THE BUREAU OF RECLAMATION AND DAM REPAIRS PROJECTS: Mr. Wilkinson provided an update regarding the dams at Horsetooth Reservoir and noted that the southern most eastern dam will require more dirt removal than originally thought. Mr. Person stated that the dirt moved at other dams was spread out temporarily along the wider widths of the road. However, that option is not available at this site, Mr. Person continued, and the amount of dirt to be moved would cover an area of approximately 20-acres 18 feet high. Mr. Persons provided the following three options for this dirt 1. Haul the dirt to the City of Fort Collins Pine Ridge Natural Area below the dam; 2. Haul the dirt to the landfill; or 3. Haul the dirt to the upper end of the reservoir. Hauling the dirt for options 2 & 3 would put anywhere from 50 thousand to 100 thousand truck trips on the county road systems as well as extending the project completion date.

Mr. Engemoen stated that the landfill is very close to exceeding emission standards for fugitive dust, and expressed concern with damage caused to county roads and the potential road hazards and overall safety of the trucks traveling those roads.

Mr. Sears stated that the City of Fort Collins staff can not recommend the Pine Ridge Natural Area for the stockpiling, siting irreparable damage to the site for many years.

Chair Rennels asked if reclamation dollars are available for the site and Mr. Person replied in the affirmative. Commissioner Gibson noted that the Horsetooth Dam Repair project is Federal, and asked if an alternative site large enough to hold the amount of dirt is not available, could the Federal Government condemn a site? Mr. Wilkinson replied in the affirmative, and noted condemnation is not the preferred solution. Mr. Sears stated that he would provide an update to City Council regarding the options available.

6. PRESENTATION FROM FOOTHILLS GATEWAY: Mr. O'Neill provided the Board with a campaign update regarding the placement of a referendum on the November 2001 ballot for 3/4 mill to benefit Foothill Gateway. Ms. Foland noted that approximately 174 citizens are on a waiting list to participate in the programs at Foothills Gateway. Mr. Davis stated that the Foothill Gateway facility operates at approximately 1/4 the cost of a state run facility. Mr. Davis also noted the "grass root" effort to inform the citizens of Larimer County about the ballot issue and the services and benefits of Foothills Gateway.

7. REAPPOINTMENT TO THE ESTES VALLEY PLANNING COMMISSION: Ms. Keen requested the Board approve the re-appointment of Mr. Wendell Amos to the Estes Valley Planning Commission for a term effective July 1, 2001 and expiring on June 30, 2005.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners reappoint Mr. Amos to the Estes Valley Planning Commission for a term effective July 1, 2001 and expiring June 30, 2005.

Motion carried 3 - 0.

8. DISCUSSION OF BOARDS AND COMMISSIONS: Discussion ensued regarding appointees whose terms are expiring, there are no new applicants and the requirement to waive term limits.

9. WORK SESSION: None

10. COMMISSIONER REPORTS: Commissioner Gibson noted that he and another citizen came upon a small wildfire in Thompson Canyon and attempted to put it out while calling for reinforcements. Commissioner Gibson also noted that discussion at his Berthoud community meeting included County Open Lands. Commissioner Gibson also stated that he assisted with trail repairs at Lion Gulch

Commissioner Bender noted that he would be attending funeral services for the young child that was recently killed and noted that he is working with Mr. Engemoen to reduce the speed limit in the area as well as posting "Deaf Children Playing" signage.

11. LEGAL MATTERS: Mr. Gluckman requested the Board provide any legislative issues that CCI could address. The following issues were noted, 1. Tax credits for health care, job training and affordable housing; 2. Building/Construction involving more than one municipality i.e. Location and Extent. Mr. Timm requested specificity in the law regarding what must be reviewed; criteria for review; notice of the review; and who should hold the public hearing.

Ms. Haas provided the Board with the Findings and Resolution approving the Sprague/Buff Quarry and noted "cosmetic" changes made since the public hearing. Ms. Haag requested the Board approve the Findings and Resolution as currently presented.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Findings and Resolution for the Sprague/ Buff Quarry .

Motion carried 3 - 0.

R01-103z FINDINGS AND RESOLUTION APPROVING THE PETITION OF THE SPRAGUE-BUFF QUARRY SPECIAL REVIEW

Ms. Haag stated that it is time for the renewal of the Galaxy CableVision contract and requested Board approval to hire Mr. Duchene and authorize him to negotiate the contract. Ms. Haag stated that Mr. Duchene has performed this task for Larimer County in the past, since the county does not have this type of technical expertise. Mr. Gluckman stated that the franchise fees generate several hundred thousand dollars for the County.

Mr. Janezich stated that the franchise fees generated from this and other cable contracts, goes to the Community Information Office within the Commissioner's Office; and therefore there is no budget within Information Management Services (IMS) to administer cable contracts or to fund such negotiations. Mr. Gluckman stated that he would speak with the Mr. Keister, County Budget Manager, regarding a funding source.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners authorize the hiring of Mr. Duchene at a rate of $185/hour, not to exceed $7500, to negotiate the Galaxy CableVision contract, and schedule a 3:00 p.m. public hearing.

Motion carried 3 - 0.

Discussion ensued regarding haul route violations at the Kehn Timnath Gravel Pit. Consensus of the Board is for staff to communicate the violations to the property owner, noting that further violation could warrant a "show cause" hearing for the Special Review.

Mr. Hass addressed the Intergovernmental Agreement (IGA) between the Board and the City of Fort Collins regarding the Fossil Creek Reservoir Area, and the process taken to amend that IGA. Mr. Hass noted that the IGA authorized the County Manager and the City Manager to make any amendments. The governing bodies can make amendment recommendations to the managers.

There being no further business, the meeting adjourned at 12:00 p.m.

WEDNESDAY, JULY 11, 2001

HIGHLAND HILLS PUBLIC IMPROVEMENT DISTRICT #19

(#57)

The Board of County Commissioners met with Rex Burns, Project Engineer; Chair Pro Tem Gibson presided and Commissioner Bender was present. Also present was Linda Sanders, Engineering and Jean O'Connor, Recording Clerk.

Chair Pro-Tem Gibson stated the reason for the public hearing is to consider the formation of the Highland Hills Public Improvement District #19 (PID). The district, Mr. Burns continued, will rebuild the street surface when necessary due to age and wear as well as maintenance as needed.

Ms. Sanders noted that the circulated petition was signed by 71.6% of the property owners in the subdivision of 210 lots. Due to the majority of residents in favor of forming the district, Ms. Sanders stated, the issue will require a vote for 12.104 mills at the November 2001 election from the qualified electors within the district.

Chair Pro-Tem Gibson asked if the County would save money with the formation of the district and Mr. Burns stated that the development was approved with the understanding that Larimer County does not provide road maintenance.

Mr. Brian Mullock stated that he supports the district being placed on the November ballot and appreciated the administrative assistance of County Engineering staff in the potential formation of the district.

Mr. Gary Stevens expressed concern with the current county policy to not allow the formation of general improvement districts for the general purpose of maintenance of existing facilities. Mr. Stevens was also concerned at the lack of a forum to discuss the district with the Homeowners Association (HOA). The proposed district would increase HOA fees 180% and requested accountability from the HOA Board as to the expenditure of previously collected fees.

Mr. Burns stated that a community meeting was held in January regarding the district and was attended by approximately 55 residents. As far as the accountability for expenditures by the HOA Board, Mr. Burns stated that that is a private matter. Mr. Burns further noted that the current assessed valuation of $3,298,460 the mill levy required for a revenue of $39,924 per year is 12.104 mills. Mr. Burns stated that this estimate is from the Engineering staff and is probably on the high side, but that the proposed mill could be a "cap" and that at the request of the HOA Road Association, could be lowered.

Commissioner Bender inquired about the policy referred by Mr. Stevens and Mr. Burns stated that the State statute has changed and the County web site should be updated

Mr. Larry Thompson also noted that communication could have been and needs to be better between the HOA and its residents. Mr. Thompson asked if Larimer County would hold dollars collected and stipulate how streets are to be maintained. Mr. Burns stated that each PID has an advisory Road Board, which typically has by-laws.

Mr. Thompson asked how the HOA Road Association has input as to how dollars are spent. Mr. Burns explained how a PID is organized, the role of the community HOA Road Board, and the role of Larimer County, for which a 5% administrative fee is collected. Ms. Sanders noted that she pays all invoices upon receipt from the HOA Board. Ms. Sanders stated that most, if not all, invoices received have a note of "approval to pay" on them.

Mr. Stevens noted that the HOA Board should still be held accountable for fees collected. Mr. Brian Moeck noted that the Road Committee met with staff and stated that tax credits could be given to residents if all dollars collected have not been spent. Mr. Moeck agreed that HOA fees and their purpose should be reviewed.

Ms. Sanders stated that an additional benefit to the members of a PID community is that when they purchase license plates a "Street/Fee" is reimbursed, which almost balances out the 5% administrative fee collected by Engineering and the 2% collected for the Treasurer. Interest earned on the account, Ms. Sanders continued, is paid out on a quarterly basis.

M OT I O N

Commissioner Bender moved that the Board of County Commissioners approve the petition for the Highland Hills Public Improvement District #19.

Motion carried 2 - 0.

There being no further business, the hearing was adjourned at 7:30 p.m.

THURSDAY, JULY 12, 2001

FOSSIL CREEK RESERVOIR MEETING

(#58 & 59)

The Board of County Commissioners met with K-Lynn Cameron, Open Lands Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Frank Lancaster, County Manager; Gary Buffington, Director of Parks and Open Lands; George Haas, County Attorney; Andre Duvall, Division of Wildlife; Tom Keith, Chair of the Open Lands Advisory Board; Tom Shoemaker, Director of the City of Fort Collins Natural Resources; Randy Fischer, Chair City of Fort Collins Natural Resources Board; Karen Manci, Fort Collins Natural Resources and Senior Environmental Planner; Ray Herman, Representative of the Environmental Advisory Board; and Jean O'Connor, Recording Clerk.

Mr. Lancaster stated the purpose of the meeting is to hear recommendations from City and County staff and boards regarding the feasibility of limited non-motorized boating on Fossil Creek Reservoir.

Ms. Cameron briefly provided a planning history for the reservoir and reviewed the Resource Management Plan and noted the original goal was to protect the natural resources around the reservoir.

Ms. Manci reviewed the environmental values of Fossil Creek Reservoir and how those values outweigh non-motorized boating. Ms. Manci stated that there are currently 186 different bird species at the reservoir or that "rest over" at the reservoir during migration. Commissioner Bender asked if the buffers proposed were based on motorized or non-motorized boats and Ms. Manci stated that both were considered and explained a diagram showing both.

Chair Rennels asked what the goal of the Management Plan was and Ms. Cameron replied that the goal was the protection and increased enhancement of resources.

Staff from both the City of Fort Collins and Larimer County recommend that no change be made to the Resource Management Plan and that it should remain as written due to negative impacts to wildlife and habitat.

Commissioner Bender asked if limited public non-motorized boating had been considered and Ms. Cameron inquired if Commissioner Bender meant that Larimer County purchase canoes/kayaks for public use? Commissioner Bender noted that that is a possibility and citizens could lease them for an hour or two and view the birds.

Mr. Keith stated that Open Lands Advisory Board was asked to consider amending the Management Plan to allow limited access. Mr. Keith stated that the Board recommendation is to not allow boating of any kind. Mr. Keith also noted that negotiations with North Poudre Irrigation Company have been for exclusive surface rights. Chair Rennels asked if the Open Lands Advisory Board had considered educational uses and Mr. Keith replied in the negative.

Mr. Herman stated that the Environmental Advisory Board unanimously decided to support the Management Plan as is and did not consider educational uses or guided tours.

Mr. Fischer stated that the Natural Resources Advisory Board strongly recommended to City Council that no boating of any kind be allowed on the reservoir, and supports the IGA and Management Plan as they exist. The Advisory Board, Mr. Fischer continued, noted that boating of any kind is ill advised due to impacts. The Board did not consider educational or guided tours.

Commissioner Gibson asked if the Advisory Board supports the "renting of" surface rights only or had the purchasing of surface rights been negotiated. Mr. Fischer stated that the Board had no knowledge of the possibility to purchase the rights, and noted that the expectation of the City of Fort Collins was and is no boating on the reservoir.

Mr. Duvall stated the Division of Wildlife (DOW) also strongly supports the IGA and Management Plan as is in every respect. Mr. Duvall stated that tours were considered; however even good intentions would still disturb wildlife if within the "flushing" distance.

Mr. Shoemaker stated in the past, the City of Fort Collins has worked jointly with Larimer County to purchase critical lands for the protection of wildlife and habitat. Efforts in the Fossil Creek Reservoir area, Mr. Shoemaker noted, were extensive and strongly supports leaving the jointly adopted IGA and other plans as they exist.

Commissioner Gibson noted "total resources" are to be considered yet comments regarding only birds have been heard: why not consider man and man's needs? Commissioner Gibson stated that within the Parks Master Plan it is noted that the "cornerstone" of the Open Lands Tax states an overload of boats at Carter Lake and Horsetooth Reservoir and calls for reduced boating at both sites and that staff should look at Fossil Creek Reservoir and Wellington to move some of the traffic.

Commissioner Gibson noted that the Parks Master Plan provides a guideline for no boating but does not prohibit boating. Commissioner Gibson stated that staff addressed birds but no other issues and that the Master Plan states the river corridor be protected for the birds not Fossil Creek Reservoir. Commissioner Gibson expressed a need for additional information regarding alternatives if motorized boats are to be eliminated from Fossil Creek Reservoir.

Commissioner Bender stated more support exists for non-motorized and motorized boating at Fossil Creek Reservoir and noted that the reservoir should not be given to the birds and humans be excluded. Commissioner Bender stated that he believes both can co-exist. Commissioner Bender stated support for the IGA and noted the Area Plan is very general and calls for the protection of resources. Commissioner Bender stated staff should further review limited boating.

Commissioner Gibson stated that he is reluctant to spend tax dollars to rent water and favored an amendment to the IGA to allow "rent or purchase". Commissioner Gibson stated that when the sales tax ends, citizen tax dollars have nothing to show for a lease.

Chair Rennels expressed some disappointment in that neither staff nor the boards considered limited boating for educational or guided tours. In order to amend the IGA, Chair Rennels continued, the elected officials need to direct the County Manager and City Manager to initiate discussions. Chair Rennels also asked DOW to assist with a water study and Mr. Duvall concurred. Chair Rennels asked all parties to continue due diligence and also consider educational and guided tours.

M OT I O N

Commissioner Bender moved that the Board of County Commissioners move forward with the IGA, Area & Resource Management plans as they exist.

Chair Rennels requested a friendly amendment to include that staff works with DOW and other entities on a water quality study.

Commissioner Gibson clarified that the Resource Management Plan contains guidelines and recommendations and does not specifically state "No Boating".

Commissioner Benders' motion now reads that the Board of County Commissioners moves forward with the IGA, Area & Resource Management plans as they exist and directs staff to work with DOW and other entities on a water quality study.

Motion carried 3 - 0.

Mr. Lancaster inquired that if the water surface rights were for sale, does the current language in the IGA allow for the purchase rather than lease of the surface water rights? Mr. Hass replied in the affirmative and noted that the lease currently being negotiated should be modified to allow limited boating since it currently states no type of boating.

There being no further business, hearing was adjourned at 12:15 p.m.

________________________________

KATHAY RENNELS, CHAIR

BOARD OF COUNTY COMMISSIONERS

MYRNA J RODENBERGER

CLERK AND RECORDER

(S E A L)

A T T E S T

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Jean M. O'Connor, Clerk to the Board