Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, December 17, 2001

LAND USE HEARING

(#125 & 126)

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 Tom Garton, Chief Building Official; Alison Chilcott and Dave Shirk, Estes Park Planners; Rob Helmick, Senior Planner; Sean Wheeler and Matt Lafferty, Planners II; Jeannine Haag, Assistant County Attorney; Doug Ryan, Environmental Planner; Roxann Hayes, Civil Engineer; and Jean O'Connor, Recording Clerk.

Chair Rennels requested that item #2- Eagle Cliff Condominiums Preliminary Condo Map be removed from consent and stated the following items are consent and would not be discussed unless requested by the Board or members of the audience.

3. COLLINS-MCNULTY MINOR SUBDIVISION/BOUNDARY LINE ADJUSTMENT AND REZONING: THE SITE IS LOCATED AT 749 AND 775 LITTLE PROSPECT ROAD, WITHIN THE UNINCORPORATED ESTES VALLEY.

This is a request for a boundary line adjustment the lot line that divides to parcels of land; and, a request to rezone a portion of proposed Lot 1 from "RE" Rural Estate to "E-1" Estate to conform with minimum lot size. This request includes the rezoning of the northern portion of proposed Lot 1 from "RE" Rural Estate to "E-1" Estate. Staff findings include 1. This is a request by Patricia Collins-McNulty to adjust the internal boundary line between two parcels. The exterior boundary lines will not change; 2. The proposed boundary line adjustment will alleviate current legal non-conforming setback and minimum lot size, and will dedicate utility and access easements; 3. This request includes the rezoning of the northern portion of proposed Lot 1 from "RE" Rural Estate to "E-1" Estate; 4. Access easements should be clearly delineated on the plat, and the dedication statement amended accordingly; 5. This proposal complies with all other applicable standards in the Estes Valley Development Code; 6. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services; 7. Lot line adjustments do not create additional lots or building sites. Staff recommendations are approval of the corrective rezoning for the northern portion of proposed Lot 1 from "RE" Rural Estate (2.5 acre) to "E-1" Estate (1 acre); and, approval of the proposed Collins-McNulty Minor Subdivision/Boundary Line Adjustment with the following conditions 1. The proposed access easement through Lot 1 to the Hood property shall be graphically delineated and labeled "private access easement to serve property to north (include legal description)" ; 2. A 20-foot wide access easement for Little Prospect Road shall be delineated and labeled "public access easement"; 3. The dedication statement shall be amended to include "private and public access easements".

4. AMENDED PLAT OF LOT 6 FLOYD HICKS SUBDIVISION: 02-04-69; ON THE NORTH SIDE OF THE INTERSECTION OF PAGE PLACE AND SOUTH LINCOLN IN CAMPION.

This is a request to amend the plat of a part of the Floyd Hicks Subdivision where three parcels exist to realign the boundaries of the three parcels. Staff recommendation is approval of the Amended Plat of Lot 6 Floyd Hicks Subdivision, file # 01-S1863, subject to submission of a Plat which has been corrected in response to the concerns of the Larimer County Engineering Department.

5. AMENDED PLAT OF LOTS 1 & 2 OF THE REPLAT OF LOT 1 OF KRIEGERS SUBDIVISION OF PARCEL 2, BRYANT EXEMPTION: S 1/2 OF SECTION 28, TOWNSHIP 4, RANGE 69 WEST; LOCATED ONE MILE WEST OF HIGHWAY 287 ON THE NORTH SIDE OF COUNTY ROAD 4.

This is a request for an Amended plat to adjust property lines between lots 1 & 2. Staff recommendation is approval of the Amended plat of Lots 1 & 2 of the Replat of Lot 1 of Kriegers Subdivision of Parcel 2, Bryant Exemption, with the following conditions 1. The applicant shall comply with the Engineering Department requirements as noted in the memo of 11/05/01 from Dale V. Greer, Professional Land Surveyor; 2. All conditions shall be met and the Final Plat recorded by June 17, 2002 or this approval shall be null and void.

6. ROSTEK ADDITION LOT 24 & 25, BLOCK 1 AMENDED PLAT: NE 1/4 OF SECTION 9, TOWNSHIP 7, RANGE 69 WEST; LOCATED ON THE SOUTH SIDE OF WEST VINE DRIVE.

This is a request for an Amended plat to reconfigure lots from a linear shape to a square shape, to accommodate a new residence and access. Staff recommendation is approval of the Rostek Addition Lot 24 & 25, Block 1 Amended Plat with the following conditions 1. The applicant shall comply with the Engineering Department requirements as noted in the memo of 10/31/01 from Dale V. Greer, Professional Land Surveyor; 2. All conditions shall be met and the Final Plat recorded by June 17, 2002 or this approval shall be null and void.

7. AMENDED PLAT OF INTERCHANGE BUSINESS PARK PLANNED UNIT DEVELOPMENT (PUD) LOTS 13 AND 14: NW 1/4 OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST; LOCATED ALONG THE SOUTHEASTERLY SIDE OF THE SOUTHEAST FRONTAGE ROAD IN THE INTERCHANGE BUSINESS PARK, WHICH IS LOCATED AT THE SOUTHEAST CORNER OF THE I-25 AND HIGHWAY 14 INTERCHANGE.

This is a request for an amended plat to adjust the lot line between Lots 13 and 14 of the Interchange Business Park PUD. By reducing the lot area of Lot 13 and increasing the area of Lot 14. 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 the Amended Plat for Lots 13 and 14 of the Interchange Business Park Planned Unit Development.

M O T I O N

Commissioner Gibson moved that consent items 3 - 7 be approved as presented and outlined above.

Motion carried 3 - 0.

Chair Rennels stated the following item was tabled from November 19, 2001 in order to address the definition of "Fireplace".

1. REPEAL AND RECREATION OF SECTION 3102.1.1 TO THE 1997 UNIFORM BUILDING CODE: THE RESTRICTED AREA IN LARIMER COUNTY IS THE AREA EAST OF RANGE 72 AND AREAS SOUTH OF AND INCLUDING THE SOUTH HALF OF TOWNSHIP 10 RANGE 68, 69, 70, AND 71. SEE LARIMER COUNTY FIREPLACE AREA MAP.

This is a request to allow fireplaces in the "Non-restricted Area" of unincorporated Larimer County that do not meet Phase III standards. Mr. Timm read the proposed definitions for the record. No public spoke regarding this item.

M O T I O N

Commissioner Bender moved that Section 3102.1.1 of the 1997 Uniform Building Code, which took affect July 1, 2000 be repealed and replaced with the newly proposed Section 31.2.1.1 as presented by staff.

Motion carried 3 - 0.

  1. EAGLE CLIFF CONDOMINIUMS PRELIMINARY CONDOMINIUM MAP: THE SITE IS LOCATED ON 2111 EAGLE CLIFF ROAD, IN THE UNINCORPORATED ESTES VALLEY.

This is a request for a preliminary condominium map application for Eagle Cliff Condominiums to condominiumize five existing units on one lot. Staff recommendation is approval with the following conditions 1. There shall be a note on the plat identifying the separate private access easement on Lot 2; 2 There shall be a note placed on the plat: "Water service to this property does not meet the current ISO standards for available fire flow"; 3. The name of the condominiums shall be the same in the dedication statement, map title, and declaration; 4. As part of the final condominium map application, a certificate by an attorney duly licensed to practice law in the State that the Eagle Cliff Condominium Association, Inc. complies with the Colorado Common Interest Ownership Act (38-33.3-101 et seq. C.R.S.) shall be submitted; 5. A copy of the recorded declaration shall be submitted to the Town within thirty (30) days of final plat approval; 6. The Community Development Department will not grant zoning approval for a building permit to expand any existing units until the owner completes the improvements outlined in the Eagle Cliff Condominium Improvements Construction Cost Estimate dated December 14, 2001.

Ms. Chilcott requested that the conditions of approval for Eagle Cliff Condos be amended by deleting the proposed conditions #1, #3 & #5 and adding a new #6.

M O T I O N

Commissioner Gibson moved to approve Eagle Cliff Condominiums Preliminary Condominium Map as modified by staff by deleting 1,3 & 5 and adding #6.

Motion carried 3 - 0.

  1. FALCON POINTE ESTATES CONSERVATION DEVELOPMENT (CD) PRELIMINARY PLAT: NE 1/4 06-04-69; APPROX. 5 MILES SOUTHWEST OF THE CITY OF LOVELAND, ON THE SOUTHWEST CORNER ON THE INTERSECTION OF COUNTY ROADS 14 AND 23

This is a request for Preliminary Plat for a CD to divide 45.4 acres + into 5 residential lots, along with 2 residual lots (one buildable and one non-buildable) in the FA-1 Zone District. Approx. 22.32 acres + will remain as residual land. The proposed residential lots range in size from 4.1 to 5.1 acres in size. Staff recommendation is approval with the following conditions 1. The Final Plat of the Falcon Pointe Estates Conservation Development shall be consistent with the information contained in the file, #00-S1634 or as modified by conditions of approval; 2. 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 the time building permit application shall apply; 3. All lots shall require engineered septic systems. The Disclosure Notice should reference this requirement and that these systems tend to be more expensive then conventional systems; 4. The applicant shall provide a Final Development Agreement and Disclosure Notice for approval by the County, as a part of the Final Plat, and to be recorded with the Final Plat. This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but is not limited to; the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 5. The residual lots must be properly labeled on the Final Plat per the requirements in Section 8.14.2 in the Land Use Code; 6. The applicant shall comply with the recommendations of the State Division of Wildlife as contained in their comments dated 5-8-2001. Specifically, the DOW recommends that the covenants for the subdivision shall; 1. Set a limit the number of livestock animals kept at the site based on the management plan submitted and; 2. Require that small livestock animals such as fowl and rabbits shall be kept in adequate coops or hutches designed to protect the animals from predators, and; 3. Require Bear resistant trash containers for all lots; 7. The applicant shall provide a signed agreement with the Handy Ditch Company, which outlines the rights and responsibilities of both the Ditch Company and the Conservation Development lot owners. The Disclosure Notice and the Covenants shall also make note of this agreement; 8. The applicant shall provide a final landscaping and sign plan for the entry area for review and approval by Planning Staff; 9. The applicant shall provide a proportional sharing of maintenance obligations for easements areas and mutual protection of the surface for all interested parties.

**The requested residential lot size of 4.1 - 5.1- acres differs from the proposed plated residential lot sizes of 3.5 -3.61-acres. **

Mr. Wheeler briefed the Board on the proposal; there were no questions from the Board.

Mr. Tom Honn, the applicant expressed concern with limiting the number of horses on lot 1 (12.34-acres) to four, when zoning allows up to 24 horses. Mr. Honn stated that an upper limit of 12 for lot 1 is acceptable. Chair Rennels asked if building envelopes are proposed and Mr. Honn said no but would consider if requested.

At this time the hearing was opened to the public and Mr. Gary Jorgenson, adjacent property owner noted that he has discussed several issues with the applicant for which he currently has a verbal agreement only. Mr. Jorgenson presented this list of issues to the Board for consideration.

There being no further comment, the hearing was closed to the public. Mr. Timm noted that the number of animals per lot is a zoning issue and should not be addressed at the preliminary stage. Mr. Wheeler stated that the Planning Commission had added conditions 6 & 10 in an effort to address the concerns of the Department of Wildlife. Chair Rennels suggested leaving condition 6 and deleting condition 10; Commissioner Bender agreed.

M O T I O N

Commissioner Gibson moved that the Falcon Pointe Estates CD be approved as presented and modified by deleting condition 10 and modifying condition 6 to read, "... animals kept at the site based on the management plan submitted, and..."

Motion carried 3 - 0.

9. HANNA MLD LOT 2B AND 3 RIGHT-OF-WAY VACATION OF HAVEL AVENUE: SE 1/4 OF SECTION 4, TOWNSHIP 7 NORTH, RANGE 69 WEST; LOCATED APPROXIMATELY 1.8 MILE NORTH OF VINE DRIVE ON HAVEL AVENUE.

This is a request to vacate the existing and reserved rights-of-way for Havel Avenue, which right-of-way crosses the western edge of Lots 2b and 3 of the Hanna MLD. Staff findings are 1. The proposed Havel right-of-way vacation is contrary to the objectives of the Larimer County Land Use Code and Road Manual as it relates to access and connectivity; 2. Approval of the amended plat may result in any significant impacts to neighboring properties or the provision of services and infrastructure if they were to develop in the future; 3. Property values in the surrounding area may be adversely affected by the proposed vacation of right-of-way. Staff recommendation is denial of the request to vacate the existing Havel right-of-way on Lot 2B of the Hanna MLD and the reserved right-of-way for Havel Avenue on Lot 3 of the Hanna MLD.

Mr. Lafferty provided background on the application and noted the historically, Larimer County has denied vacating any right-of-ways (ROW) in order to provide for connectivity of potential future development and secondary accesses.

Mr. Jim Martell, representative of the applicant stated that staff had provided a letter noting that the ROW reservation was for future development of the Beaty properties only and the portion of Havel Avenue the applicant is requesting be vacated, affects the Beaty property and they do not wish to develop their property in the future. The only other property affected by this vacation has consented in writing. Mr. Martell reiterated that the ROW is only a "reservation" north of the irrigation ditch and not a "dedicated" ROW.

Mr. Barry Beaty, the applicant stated that he owns both lots affected by the dedicated ROW as well as the reserved ROW at lots 2B and 3; and that the ditch is in need of work. The historic alignment, Mr. Beaty continued of the lateral runs down the middle of the ROW and would be used to irrigate grapevines.

Much discussion ensued regarding the movement of the lateral. Mr. Martell suggested the item be tabled in order for the applicant to provide staff with a copy of a letter from the other property owner, agreeing to the vacation. Mr. Lafferty stated that if the other property is in agreement, then the vacation could be granted.

Commissioner Bender noted that development is a question of when not if and stated no reason to vacate either ROW.

M O T I O N

Commissioner Gibson moved that the Hanna MLD Lots 2B & 3 ROW Vacation be tabled to January 14th, 2002 at 3:00 p.m. in order for staff to receive a letter from the adjacent property owner.

Chair Rennels expressed concern for future connectivity and is in agreement with tabling the item, and noted that she would like to see how connectivity would be accomplished if the ROWs were vacated.

Motion carried 3 - 0.

10. WILSON LEGAL LOT APPEAL - DISCUSSION REGARDING WHAT PROCEDURE SHOULD BE UTILIZED TO CHANGE THE STATUS OF AN ILLEGAL LOT (PARCEL # 94260-00-003) TO A LEGAL LOT. E 1/2 OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 69 WEST - LOCATED ON THE WEST SIDE OF COUNTY ROAD 15, BETWEEN THE ROAD AND THE RAILROAD TRACKS, APPROXIMATELY 1/8 MILE SOUTH OF COUNTY ROAD 4E.

The property owner is requesting that the Board of County Commissioners change the status of the illegal lot to legal by exempting her from all current development review processes. Mr. Lafferty reminded the Board that this issue came before them during administrative matters on October 9, 2001 at which the Board approved an exemption from the subdivision process to change the illegal status. However, Mr. Lafferty continued the applicant is subject to the Minor Land Division (MLD) process and was to submit application to the Board of Adjustment to address lot size and setback issues.

Ms. Jo Linda Wilson, the parcel owner requested the Board reconsider their decision of October 9 and noted that the Assessor has been assessing the parcel as residential and taxes have been paid as such. Ms. Wilson requested the Board show good faith and not require the owner to go through yet another process.

Much discussion ensued regarding the best process to make the parcel a recorded legal lot.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners uphold the decision of October 9, 2001 and require the owner to proceed with the MLD process and submit application for variances before the Board of Adjustment.

Motion carried 3 - 0.

The Board directed staff to process the applications as expeditiously as possible.

There being no further business, the hearing recessed at 5:05 p.m.

LAND USE HEARING

(#126 & 127)

The Board of County Commissioners reconvened at 6:30 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 Christie Coleman, Civil Engineer; Doug Ryan, Environmental Engineer; Tony Simons, Wildfire Safety Coordinator; Jeannine Haag, Assistant County Attorney; K-Lynn Cameron, Open Space Manager; Meegan Flennegan, Open Space Technician; and Jean O'Connor, Recording Clerk.

  1. MERGLER-SHEPPARD PRELIMINARY RURAL LAND PLAN: 29-08-70; GENERALLY 8 MILES WEST OF BELLVUE ALONG COUNTY ROAD 52E (RIST CANYON ROAD) AT THE SOUTHEAST CORNER OF COUNTY ROAD 52E AND DAVIS RANCH ROAD.
  2. This is a request to divide 72.5 acres into 2 single-family lots, each approximately 5 acres in size, and two residual lots, one approximately 20 acres in size with a five acre building envelope; and one approximately 42.5 acres in size with a five-acre building envelope. The existing residences will be located on the two residual land lots. The total of the residual land area will be about 52.5 acres and will be protected from further development in perpetuity. Staff supports the Mergler-Sheppard 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 perpetual preservation of residual land; 3. Careful location of residences; 4. The plan is generally compatible with the existing neighboring land uses; 5. Willingness to cooperate with existing road association(s) to improve portions of Davis Ranch Road.

    The site-based incentives (2 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 1. Protection of residual land in perpetuity; 2. Homeowners' protective covenants with architectural controls; 3. Transportation Capital Expansion fees received from the project; 4. School and park fees received from the project; 5. Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels. Staff recommendation is to approve the Mergler-Sheppard Preliminary Rural Land Plan. The following contingencies must be met prior to approval of a 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. A 50-foot half right-of-way on the north side of this property abutting County Road 52 must be dedicated to the County; 3. Lots 1 and 2 shall contain at least 5 acres; 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. The current forest management plan prepared by the Colorado State Forest Service shall be amended by the Colorado State Forest Service or qualified professional forester to identify and prioritize wildfire hazard areas on the residual land. A time frame for treatment of these areas along with a maintenance plan should be included; 5. Restrictive covenants, including provisions for internal road maintenance, must be reviewed and approved by the Rural Land Use Center Director 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. Prior to the sale of Lots 1 and 2, a ponderosa pine restoration plan must be implemented with a target basal area of 60-80 square feet per acre for the entire five-acre lots. Building permits will not be issued until completion of plan implementation, as verified by the Larimer County Wildfire Safety Specialist; 8. Prior to final approval, applicant will renew two expired building permits for current parcel 0829000006 (Permit 83-4660 and Permit 83-5040) and arrange an on-site inspection to obtain final approval under the permits identified above; 9. 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; 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 R-1 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; o) Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement. The Developer and Larimer County executed this agreement in consideration of the approval of this Development. This Agreement was recorded immediately after this plat. All purchasers should obtain and read the Development Agreement; 10. If the owner of residual Lot A elects to construct a single-family residence on the southerly alternate building envelope, the existing structure on the northerly building envelope shall be demolished or otherwise removed. The northerly building envelope shall then cease to exist and the land shall then be subjected to the residual land management plan and the alternate building envelope shall be exempted from the residual land management plan. Rural Land Use development standards in place at the time of election to utilize the alternative building envelope shall apply.

    Mr. Reidhead briefed the Board on the request and suggested an additional sentence be added to condition #7 regarding verification by the Wildfire Safety Specialist and a condition #10 be added regarding the alternative building envelope on residual Lot A and the destruction or removal of the existing cabin on said lot.

    Mr. Randy Mergler, one of the applicants expressed belief in responsible growth in Larimer County and the protection of the land with minimal impacts. Mr. Mergler stated that Ms. Sheppard's grandfather had homesteaded Rist Canyon and that it is their desire to preserve the land from too much development.

    Commissioner Bender asked if Mr. Mergler agreed with the modified conditions of approval and Mr. Mergler replied in the affirmative. Ms. Sheppard noted that she had just received the modified conditions and hadn't time to review and understand them. Ms. Sheppard stated that it is her intent, at minimum, to preserve the original homestead cabin if a home were to be built on the alternative building envelope.

    Ms. Coleman strongly encouraged ongoing discussions regarding additional right-of-way (ROW) for Davis Ranch Road and believed a wider road would benefit the area residents.

    There was no public comment regarding this item. Mr. Reidhead stated that no other recent development in the area had been required to provide additional ROW and noted that staff is not recommending this request as a condition of approval.

    Much discussion ensued regarding the need, or lack thereof, for additional ROW.

    M O T I O N

    Commissioner Bender moved that the Board of County Commissioners approve the Mergler-Sheppard Preliminary Rural Land Plan as presented and modified by staff in conditions #7 and #10.

    Motion carried 3 - 0.

    2. LARIMER COUNTY OPEN LANDS MASTER PLAN

    This is a request for the adoption of the Open Lands Master Plan by Board of County Commissioners and a recommendation to the Planning Commission for adoption of the Open Lands Master Plan as an element of the Larimer County Master Plan. Ms. Flennegan explained the priority open land areas and the entities that have already adopted or recommended adoption of the Plan. Ms. Cameron reviewed several additional proposed changes to the October 2001 Master Plan and requested the Board recommend that the Planning Commission adopt the Open Lands Master Plan.

    Commissioner Gibson stated that he believed the #1 objective of the Master Plan was to protect the water shed and Ms. Cameron noted that reparian corridors, as well as river corridors are a priority of Open Lands and suggested the "River Corridors" section currently located on page 27 be moved to page 25 and prior to the section on "Important Resource Areas".

    At this time the hearing was opened to the public and Mr. Michael Doten, Director of Citizen Planners stated that the Master Plan was well thought out with extensive public participation and urged the Board recommend adoption to the Planning Commission.

    Mr. Mark DeGregario noted support for the plan and agreed with the level of public participation and requested the Board's support.

    There being no further testimony, the hearing was closed to the public. Commissioner Bender agreed with the citizens' comments and noted staff had done a great job.

    M O T I O N

    Commissioner Gibson moved that the Board of County adopt the Open Lands Master Plan as presented and modified in staff presentation and recommend that the Planning Commission adopt the Open Lands Master Plan as an element of the Larimer County Master Plan.

    Motion carried 3 - 0.

    There being no further business, the hearing adjourned at 8:30 p.m.

    TUESDAY, DECEMBER 18, 2001

    ADMINISTRATIVE MATTERS

    (#128)

    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 Lt. Darrell Frank, Sheriff's Office; Laurel Kubin, Extension Director; Charles Gindler, Open Lands; Ralph Jacobs, Director of Human Resources; K-Lynn Cameron, Manager of Open Lands; Charlie Peterson, Engineering; Linda Coxen, District Attorney's Office; Deni La Rue, Community Information Manager; and Jean O'Connor, Clerk to the Board.

    1. PUBLIC COMMENT: The Board is available from 9:00 - 9:30 a.m. for public comment.

  3. APPROVAL OF THE MINUTES FOR THE WEEKS OF DECEMBER 3 AND 10, 2001:
  4. M O T I O N

    Commissioner Bender moved that the minutes for the weeks of December 3 and 10, 2001 be approved with noted corrections.

    Motion carried 3 - 0.

  5. APPROVAL OF THE SCHEDULE FOR THE WEEK OF DECEMBER 24, 2001:

M O T I O N

Commissioner Gibson moved that the schedule for the week of December 24, 2001 be approved as presented.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the following items be approved as published on the consent agenda for December 18, 2001:

ACTION ITEMS: Approve appointments of Steve Little and Cami Sebern to the Estes Valley Public Library District Board of Trustees for a four year term expiring December 31, 2005; Approve the following appointments to the Larimer Emergency Telephone Authority Tom Rwabe, Tim Gaines and Ron Uthmann, all terms to expire December 31, 2003 and Lowell Richardson- term to expire December 31, 2002; Appointment of Deputy District Attorney Todd A. Field.

ABATEMENTS: As recommended by the County Assessor, the following petitions for abatement are approved Glaser Assoc. Architects; Hd Dannels & Sons; and Metivier.

A01-175 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LARIMER HUMANE SOCIETY

A01-176 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO CHILD SUPPORT SERVICES, INC TO PROVIDE COLLECTION SERVICE FOR HARD TO FIND NON-CUSTODIAL PARENTS

A01-177 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MIRIAM J. FLOOD AND JAMES R. GALLENSTEIN FOR THE HERON LAKE CAMPGROUND

A01-178 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GEORGE HASS OF HARDEN, HASS, HAAG AND HALLBERG, P.C. FOR THE USE AND BENEFIT OF THE COUNTY DEPARTMENT OF HUMAN SERVICES FOR LEGAL SERVICES

A01-179 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CHRISTOPHER M. KISER FOR FUNDRAISING SERVICES

A01-180 WARRANTY MEMORANDUM BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JAMES C. NORDHOUGEN FOR PARADISE VALLEY ESTATES SUBDIVISION

A01-181 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DUANE N. AND SONA R. GENZLINGER FOR THE GENZLINER SUBDIVISION

A01-182 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GEORGE HASS FOR THE USE AND BENEFIT OF THE COUNTY HUMAN SERVICES TO PROVIDE LEGAL SERVICE TO CHILD SUPPORT

A01-183 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS CONCERNING THE JENSEN PROPERTY

A01-184 FIRST AMENDMENT TO THE PARKING STRUCTURE LICENSE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS

C01-48 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE 4TH JUDICIAL DISTRICT ON BEHALF OF THE LARIMER COUNTY COMMUNITY CORRECTIONS ADVISORY BOARD-Provide funding for out of County placement

C01-49 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE 7TH JUDICIAL DISTRICT ON BEHALF OF THE LARIMER COUNTY COMMUNITY CORRECTIONS ADVISORY BOARD- Provide funding for out of County Placement

C01-50 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS FOR HOME INVESTMENT PARTNERSHIPS PROGRAM

R01-234s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR SUBDIVISION GRAYHAWK KNOLLS PLANNED UNIT DEVELOPMENT

R01-235s RESOLUTION FOR STATUTORY VESTED RIGHTS FOR GENZLINGER SUBDIVISION

R01-236g FINDINGS AND RESOLUTION APPROVING THE NAMING OF UN-NAMED ROADS OFF WEST COUNTY ROAD 18

R01-237g RESOLUTION ADOPTING THE OPEN LANDS MASTER PLAN

MISCELLANEOUS: Approve Colorado Waste Tire Grant Program; Genzlinger Subdivision Final Plat; Board approval for Frank Lancaster to be the authorized official to sign the Division of Criminal Justice Statement of Grant Aware for Violent Offender Incarceration- Truth in Sentencing Program; Amended Plat of Brooklind Estates Rural Land Use Plan.

LIQUOR LICENSES: The following licenses are approved Loyal Order of the Moose Lodge #275- 6%- Fort Collins, CO; St. Louis Liquors LLC- 6%- Loveland, CO; and Masonville Store- 3.5%- Masonville, CO. The following licenses are issued Mishawaka Inn, Inc.- 6%- Bellvue, CO; Mexican Inn- 6%- Loveland, CO; and City Limit Liquor- 6%- Fort Collins, CO.

Motion carried 3 - 0.

5. DISCUSS SALARY BONUS FOR ASU AND CRIME PREVENTION EMPLOYEES: Lt. Frank stated that the Sheriff is requesting a waiver of policy in order to allow salary bonuses of $200 for these employees, to be covered by salary savings, due to recent temporary unemployment. Commissioner Gibson asked what the bonuses would be for and Lt. Frank stated the pain and suffering experienced as a result of notice of termination. Mr. Jacobs noted that the request would require a waiver of the Policy Manual. Commissioner Bender stated that he could not support bonuses because of a bad decision by an elected official. Commissioner Gibson noted that he could not support bonuses for pain and suffering and stated that that is not the purpose of the bonus policy. Chair Rennels expressed that those employees are owed more than a bonus, they are due an apology. If the deputy situation were in as dire straight as purported last week, then the $4,800 would be better spent on deputies, not bonuses.

6. DISCUSSION ON 4-H: Mr. Gluckman stated that 4-H will be celebrating their centennial next year and noted that the National 4-H has a new website. Mr. Milan Rewertz, Director of Extension @ CSU presented Ms. Kubin with the distinguished Alton Scofield Award.

7. LETTER OF SUPPORT FOR THE COLORADO FRONT RANGE TRAIL: Mr. Gindler requested the Board signature on a letter of support to the Colorado State Parks Director for the Colorado Front Range Trail (CFRT); which is proposed to extend from northern Fort Collins south to Trinidad. Chair Rennels suggested clarification within the letter for the cooperation of "willing" landowners and also note the trails' relationship to the Parks Master Plan.

M O T I O N

Commissioner Gibson moved that the Board authorize the Chair to sign a revised letter of support to the Colorado State Parks Director for the CFRT.

Motion carried 3 - 0.

8. POLICY REVISION- SECTION 415: Mr. Jacobs stated that minor changes to appointed officials by the Board of County Commissioners have been made to this section. The proposed changes were available for comment from other elected officials and employees with few responses.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the revisions to Policy Section 415 as presented.

Motion carried 3 - 0.

9. PROPOSED DISCRIMINATION PREVENTION POLICY STATEMENT: Mr. Jacobs noted that Larimer County has always practiced non-discrimination principles but has not had an actual policy and requested the Board approve the proposed policy.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a Discrimination Prevention Policy Statement being added to the County Policy Manual.

Motion carried 3 - 0.

10. PROPOSED AMERICANS WITH DISABILITIES POLICY: Mr. Jacobs requested an Americans with Disabilities Act compliance policy statement be added to the personnel policy manual.

M O T I O N

Commissioner Gibson moved to approve the Americans with Disabilities Act Compliance Policy statement by added to the Larimer County Personnel Policy Manual.

Motion carried 3 - 0.

11. REQUEST FOR DA SUPPORT STAFF BONUSES: Ms. Coxen requested approval to issue bonus checks in the amount of $250 to the support staff in the District Attorney's office. Ms. Coxen stated that the DA staff has repeatedly gone above and beyond all year, and noted the bonuses would be paid from vacancy savings within the department.

M O T I O N

Commissioner Bender moved to approve bonuses for support staff within the District Attorney's office.

Motion carried 3- 0.

  1. APPOINTMENTS TO THE OFFICE ON AGING ADVISORY COUNCIL:

M O T I O N

Commissioner Bender moved to approve the appointment of Mr. Al Heath and Mr. Reginald Wilcox to the Office on Aging Advisory Council for three-year terms beginning December 18, 2001 and expiring on June 30, 2005.

Motion carried 3 - 0.

13. KAUFFMAN CONSERVATION EASEMENT DONATION: Ms. Cameron stated the Kauffman donation is 73-acres located in the Big Thompson Corridor and has a value of $800,000. Mr. Johnson further stated that the Kauffman's have also agreed to a "First Right of Refusal" to Larimer County for an additional 228.72-acres for the sum of $5,000.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve a resolution for a donated conservation easement by Kauffman & Son, Inc.

Motion carried 3 - 0.

R01-238g RESOLUTION ACCEPTING A DONATED 73-ACRE CONSERVATION EASEMENT TO LARIMER COUNTY FROM KAUFFMAN & SON, INC.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve a Deed of Conservation Easement made by Jake Kauffman & Son, Inc.

Motion carried 3- 0.

D01-26 DEED OF CONSERVATION EASEMENT TO LARIMER COUNTY FROM JAKE KAUFFMAN & SON, INC

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the expenditure of $5,000 from the Help Preserve Open Space Sales Tax for first right of refusal on remaining parcels in the event they are not donated in the future.

Motion carried 3 - 0.

A01-185 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JAKE KAUFFMAN & SON, INC. FOR FIRST RIGHT OF REFUSAL ON ADDITIONAL PARCELS OF LAND IF NOT DONATED

14. WORK SESSION: Mr. Gluckman stated that a letter has been received from the Environmental Advisory Board (EAB) regarding the Rural Transportation Authority and the potential involvement of the EAB. Consensus of the Board is that Commissioner Gibson already represents Larimer County.

15. COMMISSIONER REPORTS: Commissioner Gibson noted his recent return from vacation in New Zealand. Commissioner Bender stated that CSU had been to his Tree Farm to make a video on stewardship; that he attended Legislative Day with Al Yates at which discussions included legislative issues for 2002 and concern with taking dollars from higher education for use on transportation. Roundtable discussions, Commissioner Bender continued included a possible increase in automobile registration tax to pay for transportation. Chair Rennels stated that she had attended the National Rodeo Finals; attended Rotary at which discussions ensued regarding parking issues once new construction starts on the Courthouse.

16. LEGAL MATTERS: At this time Mr. Hass; Ms. Haag, Mr. Lafferty; Ms. DeLude; and Mr. Helmick joined the meeting. Mr. Hass called for an Executive Session for Attorney/Client privilege and that the session would not be recorded. Mr. Hass sited 24-6-402(4)(b) C.R.S. No affidavit provided.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 11:21 a.m. for attorney/client discussions.

Motion carried 3 - 0.

TUESDAY, DECEMBER 18, 2001

PUBLIC HEARING TO CONSIDER ADOPTION OF 2002 PROPOSED BUDGET,

AMEND 2001 BUDGET AND CERTIFY MILL LEVIES

(#129)

The Board of County Commissioner met with Bob Keister, County Budget Manager and Neil Gluckman, Assistant County Manager at 2:30 p.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present was Jean O'Connor, Recording Clerk.

Mr. Keister presented a resolution to amend the 2001 budget to amounts previously approved by the Board.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve a resolution to amend the 2001 budget.

Motion carried 3 - 0.

R01-239g NOTICE AND RESOLUTION TO TRANSFER FUNDS AND AMEND 2001 BUDGET

R01-240g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES- Public Trustee

R01-241g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES- Larimer County Pest District

Mr. Keister presented a resolution to adopt 2002 budget and set levies for Larimer County Government.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a resolution to adopt the 2002 budget and set levies for Larimer County Government.

R01-242g RESOLUTION TO ADOPT THE 2002 BUDGET AND SET LEVIES FOR LARIMER COUNTY GOVERNMENT

Mr. Keister presented a resolution to adopt 2002 budgets and set levies for other entities.

M OT I O N

Commissioner Gibson moved that the Board of County Commissioners approve resolutions adopting the 2002 budget and setting levies for entities C - T as presented by staff. (Each entity has a separate resolution)

Motion carried 3 - 0.

R01-243g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES - GID #1 Imperial Estates

R01-244g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES - GID #2 Pinewood Springs

R01-245g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES - GID #4 Carriage Hills

R01-246g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES - GID #8 Namaqua Hills

R01-247g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES - GID #10 Homestead Estates

R01-248g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES - GID #11 Meadowdale Hills

R01-249g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES - GID #12 Club Estates

R01-250g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES - GID #13A Red Feather

R01-251g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES - GID #14 Little Valley Road

R01-252g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES - GID #15 Skyview South

R01-253g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES - GID #16 Kitchell Subdivision

R01-254g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES - GID #17 Country Meadows

R01-255g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES - GID #18 Venner Ranch

R01-256g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES - GID #19 Highland Hills

R01-257g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES - GID #20 Ptmarigan

R01-258g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES - GID #21 Solar Ridge

R01-259g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES - GID #22 Saddleback

R01-260g RESOLUTION TO ADOPT 2002 BUDGET AND SET LEVIES - GID #1991-1 Arapahoe Pines

Mr. Keister requested approval of a resolution to appropriate sums of money for 2002, which makes all funds in the adopted budget available for expenditure and set spending limits for each category.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a resolution to appropriate money for 2002.

Motion carried 3 - 0.

R01-261g RESOLUTION TO APPROPRIATE SUMS OF MONEY FOR 2002

Mr. Keister stated that all ending balances are identified either as working capital, future equipment/improvements, future projects/services, uncollectables, contingencies or other purposes and requested approval of a resolution designating ending 2002 fund balances for such.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve a resolution to designate ending 2002 fund balances.

Motion carried 3 - 0.

R01-262g RESOLUTION TO DESIGNATE ENDING 2002 FUND BALANCES

Mr. Keister presented a listing of mill levies and revenues and requested the Board certify that it is a true and accurate copy as reported by various taxing authorities.

M O T I O N

Commissioner Bender moved that the Board of County Commissioner approve the certification of levies and revenues for 2002.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 2:55 p.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.