Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, July 16, 2001

LAND USE HEARING

(#60)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Pro-Tem Gibson presided and Commissioner Bender was present. Also present were Doug Ryan and Sarah Flick, Environmental Planners; Dave Shirk, Estes Valley Planner; Tom Garton, Chief Building Official; Claudia DeLude, Code Enforcement Officer; Jeannine Haag; and Jean O'Connor, Recording Clerk.

Chair Pro-Tem Gibson stated that the following items are consent and will not be discussed unless requested by the Board or members of the audience.

Mr. Helmick requested item #3 be removed and Chair Pro-Tem requested item #2 be removed.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners removed items 2 & 3 from consent and approve the following items as presented on the consent agenda:

1. VENNER RANCH AMENDED PLAT: THE SITE IS LOCATED AT 1430 PROSPECT MOUNTAIN DRIVE, WITHIN THE UNINCORPORATED ESTES VALLEY

This is a request to combine three lots of record into two lots of record. The purpose is to alleviate the non-conformance of an existing structure straddling a lot line. Staff recommendation is approval with the following conditions 1. A signature block shall be provided for the County Health Agency; 2. Placement of the following notes on the plat a) Lot 26A is within an identified ridgeline protection area, as delineated in the Estes Valley Development Code (EVDC); b) Lots 25A and 26A are within identified wildfire and geological hazard areas, as delineated in the Estes Valley Development Code; c) The portion of Prospect Mountain Drive adjacent to the northerly line of Lot 25A has not been constructed. Larimer County assumes no responsibility for the construction, repair or maintenance of the streets shown hereon or the streets shown upon this amended plat.

4. FOREVER FARM MINOR LAND DIVISION: 10-8-68; EAST OF I-25 ALONG THE NE FRONTAGE ROAD SOUTH OF CR. 60 ALONG BOXELDER CREEK.

This is a request for approval of a Minor Land Division to create 3 lots from a 103-acre parcel. The three lots would be 4 acres, 84 acres and 15 acres. The 4-acre site would contain a residence, the 15 acres would be for the Town of Wellington for a new sewer plant and the 84 acres would become a non-building lot. The applicant also requests a lot size variance pursuant to Section 5.4.2.c. and an appeal to Section 5.4.3.B to allow a Minor Land Division on a previously exempted parcel. Staff recommendation is approval of the Forever Farm Minor Land Division File #01-S1805, including the waiver to lot size allowing the creation of the 4 acre residential lot and finding significant public benefit exists in allowing this previously exempted property to be further exempted, subject to the final plat requirements for a Minor Land Division as defined in the Larimer County Land Use Code.

5. FLOYD HICKS SUBDIVISION LOT 1 EASEMENT VACATION: 2-4-69; LOCATED AT 4301 SOUTH LINCOLN IN CAMPION

This is a request for vacation of a 15-foot wide power line utility easement. The easement parallels the west ROW line of Highway 287. This easement contains no existing facilities and does encroach on the existing residence. Staff recommendation is approval of the requested easement vacation Floyd Hick Subdivision Lot 1 Easement Vacation, File #01-S1798, subject to the condition that the applicant conduct utility locates to determine if facilities exist within the easement. If utilities exist the applicant shall provide a revised legal description for inclusion in the Findings and Resolution of the Board of County Commissioners.

Motion carried 2 - 0.

  1. ADOPTION OF THE 1997 UNIFORM FIRE CODE

Staff findings are that the Building Department believes that the adoption of the 1997 Uniform Fire Code and amendments proposed would be beneficial and will coincide with our adoption of the 1997 Uniform Building, Mechanical, and Plumbing Codes. The Fire Code is a useful tool to achieve safety and protect the welfare of all citizens throughout the County. Staff recommendation is to approve the adoption of the 1997 Uniform Fire Code and proposed amendments for the Windsor-Severance Fire Protection District.

Chair Pro-Tem Gibson noted that the proposed fire code defines the types of hydrants and water flows, however this is the responsibility of the water district and there has been no input from any water districts.

Mr. Mike Davis, Fire Marshall for the Windsor-Severance Fire Protection District, stated that the definitions are the same as the currently adopted 1994 Fire Code and follow the same standards. The purpose of adopting the 1997 Fire Code, Mr. Davis continued, is for consistency between the water districts and fire districts. Chair Pro-Tem Gibson ventured to say that Little Thompson Water District could not meet the proposed standards.

Much discussion ensued regarding who is responsible for water flows. Chair Pro-Tem Gibson stated that he would like additional information from the water districts prior to making a decision.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners table the Adoption of the 1997 Uniform Fire Code to August 13, 2001 at 3:00 p.m. to gather additional information from the water districts and provide them an opportunity to review the code.

Mr. Davis stated that he believes this request is above and beyond what should be requested of the Fire District.

Motion carried 2 - 0.

Mr. Garton explained the purpose of a fire hydrant is to keep fire from spreading and that the standards proposed are national standards.

At this time Mr. Helmick informed the Board that item #3 has been discussed between staff and a citizen and is ready to be placed back on the consent agenda.

3. RAMONA HEIGHTS AMENDED PLAT, LOTS 4A & 4B, BLOCK 7, & RIGHT-OF-WAY VACATION BETWEEN LOTS 4B, BLOCK 7, AND LOT 1, BLOCK 8: SW 1/4 OF SECTION 28, TOWNSHIP 10N, RANGE 73W; LOCATED IN RAMONA HEIGHTS SUBDIVISION, RED FEATHER LAKES, ON LONE PINE DRIVE

The applicant has two requests: (a) Combine Lots 4A & 4B, Block 7 of Ramona Heights; (b) vacate a ROW easement located along the northeastern boundary of Lot 4B. Staff recommendation is as follows (a) the amended plat for Lots 4A & 4B, Block 7, Ramona Heights Subdivision, SW 1/4 of Section 28, Township 10N, Range 73W, and, (b) the Right-of-Way vacation located between Lot 4B, Block 7, and Lot 1, Block 8, of Ramona Heights Subdivision with the following condition 1. The Final Plat shall be recorded by January 31, 2002 or this approval shall be null and void.

MO T I O N

Commissioner Bender moved that the Board of County Commissioners approve Ramona Heights Lot 4A & 4B Block 7 Amended Plat & Right-of-Way Vacation #01-S1803 as presented and outlined above.

Motion carried 2 - 0.

6. THOMAS EXTENDED FAMILY DWELLING APPEAL: NW 1/4 OF 34-5-69; 2762 W. COUNTY ROAD 16, LOVELAND

This is an appeal for an Extended Family Dwelling. The appeal is regarding the following required standards: Section 4.3.10 (G)(1)(a) The parcel is three acres rather than four. Section 4.3.10 (G)(1)(b) The occupant of the requested extended family dwelling is not 65 or older/disabled. The proposed occupant is the property owner's daughter. She will occupy the proposed dwelling to help care for her mother. The mother resides in the existing dwelling. Section 4.3.10 (G)(2)(e) The parcel is less than 4 acres and does not utilize public sewer. There is on site septic. Staff findings include 1. The property is zoned FA-Farming.; 2. The Extended Family Dwelling application was not an option to Mr. Thomas in the past. This is the best alternate solution to allow for this situation. It would also rectify any existing zoning violations/court proceedings; 3. The request for this dwelling meets the criteria described in the Larimer County Land Use Code, except for the three items appealed herein; 4. There is no conflict amongst County staff or referral agencies; 5. There does appear to be a legitimate hardship that justifies the need for an extended family dwelling; 6. The extended family dwelling will not substantially/adversely impact the surrounding area;7. The extended family dwelling will be removed within 3 months from the date of expiration of approval. Should the need for the use continue, the applicant shall re-apply for an extended family dwelling and lot size variance; 8. All applicable capital expansion fees will be paid; 9. All required building permits for this structure will be applied for; 10. All required permits for the additional septic system will be applied for. Staff recommendation is approval of the Thomas Extended Family Dwelling, subject to the following conditions 1. The applicant is responsible for the payment of all required fees; 2. Building permits must be applied for with all required inspections completed; 3. Septic permits will be applied for with all required inspecttions completed; 4. Approval of the extended family dwelling will be in effect for a maximum of three years, from the date of approval. If approved July 16, 2001 the approval would expire July 16, 2004. At the end of the three-year period, a new application is required for the continued use of the extended family dwelling; 5. All miscellaneous junk and unlicensed/inoperable vehicles must be removed by July 16, 2001 (90 days), as defined under the definitions of "Junk Vehicle" and "Junkyard" in the Land Use Code; 6. Septic and Building Permits applications must be received by Larimer County within 90-days of approval.

Ms. DeLude stated that the Board tabled this item on April 16, 2001 to allow the applicant to apply for a variance before the Board of Adjustment (BOA). The BOA approved a lot size variance on June 26, 2001 and staff is recommending approval with an additional condition #6 regarding the submittal of septic and building permits.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Thomas Extended Family Dwelling Appeal as amended and outlined above.

Motion carried 2 - 0.

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

LAND USE HEARING

(#60 & 61)

The Board of County Commissioner reconvened at 7:00 p.m. with Jim Reidhead, Director of the Rural Land Use Center; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Doug Ryan, Environmental Planner; Christie Coleman, Engineering; and Jean O'Connor, Recording Clerk.

  1. ELLIS RANCH PRELIMINARY RURAL LAND PLAN: 11-05-70; GENERALLY LOCATED WEST OF LOVELAND ON THE NORTH SIDE OF HIGHWAY 34, ON THE WEST SIDE OF COUNTY ROAD 29

This is a request to divide 270 acres, consisting of two non-contiguous parcels (35 acres and 235 acres), into fourteen single-family home sites on approximately 42 acres, each lot being roughly 3 acres each, and approximately 228 acres remaining in open space protected from further development with a perpetual conservation easement. No development is planned for the non-contiguous 35-acre parcel-the applicant intends to transfer up to two additional residential sites from this parcel to the Ellis Ranch property, using the RLUP's non-contiguous development provision. Staff findings are that this proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code. Support for the Ellis Ranch Preliminary Rural Land Plan is based on the following 1. Applicant's planning and design rationale for the project, which is consistent with the RLUP; 2. Conservation values of the residual land, including preservation of open space; 3. Careful location of residences; 4. The plan is generally compatible with the existing neighboring land uses; 5. Willingness to allow access for maintenance of small cemetery on property. Support for this proposed plan takes into consideration the various other land development and design options, particularly the 35-acre alternative, for which there is no County review. The greater number of residential units possible under the current FA1-Farming zoning of the property and the general development pressure within the immediate area for use-by-right 35-acre division of land supports that this is an appropriate project.

The site-based incentives (7 density bonus units) are allowed under the Rural Land Use Process. As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County. Those benefits are summarized as follows 1. 228 acres of residual land protected from further development in perpetuity; 2. Preservation of open space and existing ag operation; 3. Homeowners protective covenants with architectural controls; 4. Transportation Capital Expansion fees received from the project; 5. School and park fees received from the project; 6. Fewer residences than likely allowed through subdivision process; 7. Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels.

Staff recommendation is approval of the Ellis Ranch Preliminary Rural Land Plan. The following contingencies must be met prior to approval of final plat by the Board of County Commissioners 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. All Bridges crossing irrigation ditches shall be designed in accordance with Loveland Fire Prevention Bureau loading standards for emergency vehicles. Bridge design shall be stamped by a professional structural engineer licensed in the State of Colorado; 3. This project will require construction of several crossings of the Handy and/or Home Supply irrigation ditches located on the property. Written approval of the ditch owner or its representatives must be obtained prior to final approval; 4. If public water is provided for this project, a letter of commitment from Little Thompson 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; 5. Representative soil testing shall be submitted prior to final plat submittal to allow verification of soil suitability for septic systems. The result of those tests may impact the lot size and configuration; 6. A minimum 100' buffer shall be provided between the Handy ditch and the lower (eastern) portion of the lots. If the buffer is desired to be located within the individual lots, the minimum lot area shall be increased by the size of the 100' buffer, and the buffer area shall be labeled on the plat; 7. Lots shall contain a minimum of 3 acres if public water is utilized, and 5 acres if wells are to be utilized; 8. The lots shall be located to avoid the west to east drainage coming off the hogback; 9. Building envelopes shall be located on each lot; 10. A small cemetery, with four or five graves, is located on the ranch. The applicants must fence the site, ensure that the site is included in the residual land lot (and not on a residential lot), and allow descendents of the family and their assigns perpetual access to maintain the graves. This commitment shall be reflected in the Development Agreement and other documents deemed appropriate by the County Attorney. A notice should be given to new lot owners with explanation of rights in the homeowners covenants and disclosure statement; 11. The residual land protective covenant or conservation easement and management plan must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval; 12. Homeowners' covenants, including architectural controls, and provisions for internal road maintenance, must be reviewed and approved by the RLUC Director prior to final plat approval; 13. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 14. The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase a) Automatic fire protection sprinklers are required for all new residential structures or written permission for variance from this requirement from the fire district. A secondary access with a locked gate, shall be located at the north end of the proposal; 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: Thompson R2J school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fee (in lieu of dedication), and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply; k) 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; l) Larimer County shall not maintain roads or streets in this development. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain streets may result in a lien being placed on these lots; m) At time of real estate closing, owner shall provide purchasers of residential lots and residual lands with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County; n) The owners of the residual land parcel shall be responsible for providing an annual monitoring report for the residual land to Larimer County Rural Land Use Center; 15. The applicant/developer will work diligently with the Ditch Company toward reaching an agreement mutually acceptable to both parties which reasonably addresses concerns raised by the Ditch Company.

Mr. Reidhead requested the Board's assistance regarding written approval from the Ditch Company and their potential to holdup the application. Mr. Reidhead also noted that Mr. Ryan would be addressing septic systems and wells in the area and noted that staff strongly encourages the applicant to use of Little Thompson Water. Mr. Reidhead stated that due to a recent comment from the Engineering Department; staff is recommending that condition #2 be deleted and replaced with the following, "All bridges crossing irrigation ditches shall be designed in accordance with Loveland Fire Prevention Bureau loading standards for emergency vehicles. Bridge design shall be stamped by a professional structural engineer licensed in the State of Colorado."

Mr. David Jessup, the applicant, explained that four generations of his family have agreed to preserve much of Sylvan Dale Ranch into perpetuity; so when the Ellis Ranch went on the market, the family decided to purchase it to prevent the potential for maximum development next to and overlooking their ranch headquarters.

Mr. John Mathey, representative for the applicant stated that he is in agreement with staff and intends to use Little Thompson water for the proposed 14 homes. The applicant, Mr. Mathey continued, is proposing a 100-foot setback from the irrigation ditch; however, the access road might be located within that setback.

Mr. Dick Rush, adjacent property owner asked if receiving Little Thompson water to the proposal was actually feasible or just a smoke screen?

The following adjacent property owners expressed concern regarding the potential use of septics and/or wells for the proposal. Septics would be located above Waterdale Drive and residents were concerned with "stuff" flowing down hill as well as the potential to contaminate natural springs in the area, which flow down hill and into the Big Thompson River. Residents are also concerned that water levels for existing wells would be impacted since there is already a problem. Additionally, several residents noted that their wells are currently being treated for contamination and fear septics uphill will make the problem worse. Ms. Traci Chevalier; Ms. Linda Svoboda; Mr. Mark Svoboda; Carol Doak; Mr. Jerry Chevalier; Ms. Lanette Bannion; Mr. Steve Coleman; and Mr. Ernie Russick.

Mr. Steve Coleman, adjacent property owner, referred the Board to a letter from HRS Water Consultants, which stated the potential for adverse impacts on leach fields located below the proposed development. Mr. Coleman suggested other types of septics be required to ensure that there would be no contamination of existing wells or leach fields. Mr. Coleman preferred the Ellis Ranch be divided into 35-acre lots instead of as proposed.

Ms. Doak also expressed concern with the access road being located in the 100-buffer and the affect that would have on the leach fields under it as well as the visibility of the road cut from Highway 34 and the viewshed for existing residents. Ms. Doak stated concern with fire danger and also noted that the access road would be dusty and noisy and requested the road be paved.

Ms. Pat Block stated that the entire proposal borders her northern boundary and asked if there would be an effort to mitigate the road from view? Ms. Block noted that currently there is an 8-foot fence around the Ellis Ranch, which is proposed to be taken down. If the fence is removed, Ms. Block requested that the joint boundary be re-fenced in order to keep her livestock on her property.

Mr. Tom Gaskill, adjacent property owner was concerned with the lack of fire hydrants and the potential for increased fire danger and that the "sanctuary quality" of the existing valley should be preserved. Mr. Gaskill noted that if water quality can be addressed, than he prefers the "cluster" development to 35-acre tracts.

Mr. Mathey rebutted by stating that public water from Little Thompson is available but not yet guaranteed and that existing residents could hook up to the line if they desire. Mr. Mathey noted that if wells were required, holding tanks would have live pumps to provide water to sprinkler systems within all homes. If the access road is located within the 100-foot buffer, it would not have any leach fields under it since leach fields are not permitted within the buffer. Visual impacts from the access road should be minimal and that a buffer would be planted. Mr. Mathey stated that to protect the "sanctuary quality" of the valley, it might initially seem to be better to divide the ranch into 35-acre tracts; however, in the future there is nothing to preclude those property owners from further subdividing. Mr. Mathey reiterated that only 14 homes are proposed and the residual land would be protected from development in perpetuity.

Mr. Ryan addressed on-site septic systems and noted that public water is the best option for the proposal, but that lot sizes, buffers and system design would address water quality. Mr. Ryan also noted that soil tests and individual system design are required at the time of building permit review.

Mr. Reidhead inquired as to an agreement with the Ditch Company and requested assistance in drafting a condition of approval. Ms. Haag suggested the following: "The applicant/developer will work diligently with the Ditch Company toward reaching an agreement mutually acceptable to both parties which reasonably addresses concerns raised by the Ditch Company." Mr. Reidhead requested the Board make this condition #15.

Commissioner Bender stated that it appears the proposal will benefit existing residents by keeping development to a minimum and noted that the Health Department would review any permits responsibly.

Commissioner Gibson noted the area residents' preference for 35-acre lots, but reiterated that they could be further subdivided in the future leaving existing residents to deal with even more homes. Commissioner Gibson suggested an additional condition be added to approve a locked gate at the northern end of the proposed site.

Much discussion ensued regarding a requirement for Little Thompson water Vs a strong recommendation to use Little Thompson water.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve Ellis Ranch Rural Land Use Plan be approved as amended and a condition of approval be added to require domestic water.

Motion failed 1 - 2.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Ellis Ranch Rural Land Use Plan as presented with the following amendments as outlined above: 1. Delete the originally proposed #2 and replace with the revised condition #2; 2. Add second access to condition #14.a; 3. Correct condition #14.j to reflect Thompson R2-J; and 4. Add condition #15.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 9:15 p.m.

TUESDAY, JULY 17, 2001

ADMINISTRATIVE MATTERS

(#62 & 63)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Gary Buffington, Director of Parks and Open Lands; Frank Lancaster, County Manager; Marc Engemoen, Director of Public Works; Mark Peterson, County Engineer; Al Kadera, Planner II; Jeannine Haag, Assistant County Attorney; Gael Cookman, Staff Services Manager; Donna Hart, Commissioner's Administrative Manager; Melinda Keen, Commissioner's staff; Deni La Rue, Community Information Manager; and Jean M. O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: The Board is available for public comment from 9:00 a.m. to 9:30 a.m.
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 9, 2001:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of July 9, 2001 as amended.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF JULY 23, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of July 23, 2001 as presented.

Motion carried 3 - 0.

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 17, 2001:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions are approved Anderson; Cedar Supply; Colorado Waterjet; Diehl; Front Range Stair Co; Horseshoe Lake Corp; Horton; K&K Development; Keppler; Litwinchuk; Mcgill; One Hour Photo; Reprographics; and Williamson.

A01-104 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MARTIN AND WILMA OASE FOR REPLAT OF TRACT "A", AMENDED PLAT OF RIVER GLEN

C01-34 AMENDMENT TO CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE STATE BOARD OF COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION FOR THE USE AND BENEFIT OF THE LARIMER COUNTY WORKFORCE CENTER

D01-12 DEED OF DEDICATION OF PROPERTY AS A PUBLIC HIGHWAY USE BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MARILYN SIMS

R01-105s FINDING AND RESOLUTION APPROVING AN AMENDED PLAT OF THE HANNA MINOR LAND DIVISION

R01-106g RESOLUTION ADOPTING THE USE 287/SH 14 ACCESS MANAGEMENT PLAN AND ASSOCIATED AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE AND ROAD MANUAL

R01-107s FINDINGS AND RESOLUTION APPROVING THE RISTVUE REVISED PRELIMINARY RURAL LAND PLAN

R01-108s FINDINGS AND RESOLUTION APPROVING AN AMENDMENT TO THE VISTA @ COTTONWOOD SHORES PLANNED UNITY DEVELOPMENT

R01-109g RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIAL EMILY H TITLEBAUM

MISCELLANEOUS: Roberts Boundary Line Adjustment/Exemption; Amended Plat of Lot 8 Gutierrez Subdivision; Fenno Minor Land Division; and Final Plat of River Glen- Replat of Tract "A".

LIQUOR LICENSES: The following licenses are approved Big Thompson Canyon Volunteer Fire Department- 6% Special Events Permit- Drake, CO; JJ's Country Corner- 3.2%- Fort Collins, CO and modification of premises; Sols Long Branch Saloon- 6%- LaPorte, CO; and Ptarmigan Club, LLC- 6%- Fort Collins, CO. The following licenses are issued Taharaa Mountain Lodge- 6%- Estes Park, CO; CSU Concessions- Hughes Stadium- 3.2%- Fort Collins, CO; Rams Horn & CSU- 6%- Fort Collins, CO; and Fox Acres Country Club- 6%- Red Feather Lakes, CO.

Motion carried 3 - 0.

5. REAPPOINTMENTS TO BOARD AND COMMISSIONS:

Ms. Keen requested Board approval for the following recommendations Larry Lempka; Jon Slutsky; Ted Swanson; and George Wallace- all re-appointments to the Agricultural Advisory Board- all three-year terms beginning July 1, 2001 and expiring on June 30, 2004. Connie Jo Barnes and Deborah Morgan to the LaPorte Planning Advisory Committee- both re-appointments- both three-year terms beginning July 1, 2001 and expiring on June 30, 2004.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the re-appointments to the Agricultural Advisory Board and the LaPorte Planning Advisory Committee as stated above.

Motion carried 3 - 0.

6. WORK SESSION:

Ms. Cookman requested the Board accept and approve the July 13 and 16, 2001 decisions of the referees for the Board of Equalization.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the recommendations of the referees for the Board of Equalization.

Motion carried 3 - 0.

Mr. Lancaster provided an update to the Board regarding the Fairgrounds project and stated that it has been recommended by the County staff and the Fairground Steering Committee that ICC, International Coliseum Company, no longer try to bring investors to the project.

Commissioner Gibson requested clarification of the motion made at last weeks meeting regarding the Fossil Creek Reservoir. Much discussion ensued regarding the Parks Master Plan; the definition of "Regional Parks" and motorized boating. Discussions related to the negotiations of a lease for the surface rights of the reservoir and to include controlled boating. However, to discuss whether boats should be allowed or not was perceived to be premature, and possibly a mute point, if a lease is not obtained. Ultimately, staff was directed to negotiate a lease for the surface and recreational rights with no exclusions.

7. COMMISSIONER REPORTS: Commissioner Gibson stated that he has been inundated trying to catch up on the history of Fossil Creek Reservoir.

Commissioner Bender stated that he attended the Environmental Advisory Board (EAB) meeting and a meeting with the League of Women voters in Estes Park concerning a Rocky Mountain Wilderness bill to be introduced by Senator Allard. Commissioner Bender also noted his attendance at the Office on Aging meeting at which discussions ensued regarding the fixed income of our senior citizens and increasing property taxes. Commissioner Bender stated that the Larimer/Weld Water Group is looking at a study on "water banking". for a bill to be introduces by Senator Allard.

Commissioner Bender asked the Board for feedback regarding the "Security Briefing" meeting yesterday and Commissioner Gibson noted that he did not like the "care tactic" or hysteria presentation and felt it was unrealistic. Chair Rennels stated that she is comfortable with the current advice received for security at the new administrative building.

Chair Rennels asked if the Board is interested in supporting the Junior Livestock Fair with $100 from the Commissioner's Special Project fund.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the allocation of $100 to the Junior Livestock Fair from the Commissioner's Special Projects fund.

Motion carried 3 - 0.

8. LEGAL MATTERS: Ms. DeLude reminded the Board of the Muniz Zoning Violation hearing several months ago, noted that nothing has changed, and requested direction from the Board. Commissioner Gibson asked if the County has completed their obligations and Mr. Burns stated that the County was waiting to see if development occurs. Commissioner Gibson stated that he is not willing to authorize any action against Mr. Muniz until Larimer County has completed their obligations.

Ms. DeLude stated that a 1991 Building/Zoning violation has re-surfaced since the property owner has built yet another building without a permit and requested direction from the Board on how to proceed. Commissioner Gibson suggested staff write a letter outlining the options available to the property owner, which are to submit a boundary line adjustment for the site or tear the buildings down.

Clark Lake Subdivision- Chair Rennels asked what recourse the County has if a development is not developed in accordance with the recorded plat and Ms. Haag stated that recourse is dependent upon the severity of the deviations.

There being no further business, the meeting adjourned at 12:05 p.m.

THURSDAY, JULY 19, 2001

The Board of County Commissioners met with Jean O'Connor, Clerk to the Board at 9:30 a.m.,; Chair Rennels presided and Commissioners Bender and Gibson were present

Ms. O'Connor requested the Board take action regarding the decisions made by the Board of Equalization (BOE) for July 17 & 18, 2001.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the decisions made by BOE for July 17, & 18, 2001 as presented.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 9:35 a.m.

______________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

MYRNA J RODENBERGER

CLERK & RECORDER

(S E A L)

A T T E S T

______________________________

Jean M. O'Connor, Clerk to the Board

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.