Elk in Rocky Mountain National Park
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, March 10, 2003

LAND USE HEARING

(#145)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioner Gibson was present. Also present were Sean Wheeler, Sarah Flick, Russ Legg, and Matt Lafferty, Planning Department; Christie Coleman and Rusty McDaniel, Engineering Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Bender noted the following items are consent and would not be discussed unless requested by the Board or members of the audience. Ms. Flick requested that the street name for item #3 be changed to Buffum Canyon Lane and noted that the applicant, LETA, and the Building Department are all in agreement.

  1. CONTINENTAL NORTH UTILITY EASEMENT VACATION: LOT 25 OF THE CONTINENTAL NORTH SUBDIVISION, LOCATED WEST OF HORSETOOTH RESERVOIR, IN SECTION 30, TOWNSHIP 7 NORTH, RANGE 69 WEST
  2. This is a request to vacate an unneeded utility easement that lies on the southern property line of Lot 25. Staff recommendation is approval as requested.

  3. TIRRANNA COURT STREET NAME CHANGE: 22, 23, 26-8-68: NORTH OF COUNTY ROAD #52 IN THE HILL CONSERVATION DEVELOPMENT

This is a request to change a platted street name in the Hill Conservation Development from Midway Gardens Court to Tirranna Court. Staff recommendation is approval as requested.

3. BUFFUM CANYON LANE STREET NAME CHANGE: W 1/2 OF 15-6-70. APPROXIMATELY ONE MILE DIRECTLY WEST OF MASONVILLE

This is a request to name a street that serves eight metes-and-bounds parcels. Staff recommendation is approval of the proposed street name, Buffum Canyon Lane.

4. AMENDED PLAT OF LOTS 76 & 77, HORSETOOTH LAKE ESTATES, PLUS UTILITY EASEMENT VACATION: NE 1/4 OF 1-6-70; JUST SOUTH OF HORSETOOTH PARK

This is a request to shift a boundary line between Lots 76 & 77 because the current line extends through the house on Lot 77. Staff recommendation is approval and authorize the chairman to sign the plat when the conditions are met and the plat is presented for signature 1. All conditions shall be met and the Final Plat recorded by August 10, 2003, or this approval shall be null and void.

5. CHALEDON ESTATES CONSERVATION DEVELOPMENT PRELIMINARY PLAT: NE 06--04-69; ON THE WEST SIDE OF COUNTY ROAD #23, SOUTH OF THE COUNTY ROAD #14 AND SOUTHWEST OF LOVELAND

This is a request to divide approximately 35 acres into 4 lots, plus residual land with one, 2-acre building envelope. Staff recommendation is approval with the following conditions 1. Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Building Department once the structure is enclosed but prior to issuance of a certificate of

occupancy. As an alternative, a builder may present a prepaid receipt for a radon tester that specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; 2. The following fees shall be collected at building permit for new single family dwellings: R-2J Thompson school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and Larimer County Park Regional Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply. Both the Development Agreement and the Disclosure Affidavit will reference this requirement. The County Engineer's office also requires a Developmental Construction Permit, prior to commencing development construction; 3. The applicant shall provide a Disclosure Notice to be approved by the County as a part of the Final Plat, and 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. Included but not limited in this are 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; 4. There shall be a minimum 3 feet between any claystone bedrock and overlying improvements (construction), as requested by the Colorado Geological Survey, and by Earth Engineering Consultants. Since soil varies across the property, it will be necessary to "perform an individual geotechnical investigation on each lot, once building locations are known, to more accurately define site-specific design parameters for foundations... and floor systems" (Colorado Geological Survey, letter dated 10/24/02); 5. The Handy Ditch is located along the northern property boundary. The applicant must submit a signed Agreement - negotiated between the applicant and the Handy Ditch Company - as part of the Final Plat submittal. A 100 foot easement for Handy Ditch, measured from the ditch's centerline, must be shown on the Final Plat in addition to various notes regarding the integrity of the easement unless the applicant makes other arrangements with Handy Ditch Company; 6. The County Engineering Department has listed numerous items that still need to be defined in the Preliminary Drainage Report (see Engineering letter, dated 10/21/02). The applicant must provide all the required information with the Final Plat submittal, or Preliminary Plat approval will be null and void; 7. A Homeowner's Association shall be responsible for the maintenance of the internal streets, tentatively named Chaledon Drive and Chaledon Court, since Larimer County is not responsible for maintenance of subdivision roadways. Homeowner Association responsibilities will be clearly defined in the Final Plat submittal; 8. The applicant must comply with all of Loveland Fire Protection Bureau's requirements described in their letter (dated 10/03/02) including: (a) fire sprinklers in all new homes; and (b) installation of a fire hydrant that meets LFPB's minimum flow rate standards; 9. Chaledon Drive shall be within a 60' right-of-way centered within the current easement. However, if the right-of-way is entirely on the applicant's property, the applicant shall correct the residual land and lot calculations to reflect the change maintaining a 50% residual land area.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as presented, amended and outlined above.

Motion carried 2 - 0.

6. GARDELS APPEAL: NE 1/4 OF 19-05-68; LOCATED ALONG THE SOUTH SIDE OF COUNTY ROAD 20 (E. 1ST STREET), APPROXIMATELY 1/8 MILE EAST OF COUNTY ROAD 11H

This is a request to appeal Section 4.2.1.D of the Larimer County Land Use Code to consider acceptance of a Special Review Application for a gravel pit on a parcel of land that is contiguous and eligible for annexation to the City of Loveland. Staff recommendation is approval as requested. Mr. Lafferty noted that the City of Loveland does not care to annex this parcel even though it is contiguous to City limits. Mr. Legg stated that the County and the City are negotiating a new Intergovernmental Agreement (IGA) and that the City has requested that any gravel pit application be submitted to the County for review now and in the future. Mr. Legg further stated that the City is requesting that this be made clear in the IGA.

Mr. Peter Weiland, representative for the applicant, stated their preference to proceed through the county review process, since it is much faster.

Chair Bender noted that there is no public present for this item.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Gardels appeal as requested.

Motion carried 2 - 0.

  1. US 34 ACCESS CONTROL PLAN (ACP)

This is a request to review the proposed US 34 Access Control Plan (ACP) as an element to the Larimer County Master Plan and as an element to the Larimer County Transportation Plan for the purpose of making a recommendation to the Larimer County Planning Commission. Staff recommendation is the Board find that the proposed US 34 Access Control Plan, as an element to the Larimer County Master Plan and as an element to the Larimer County Transportation Plan, be recommended for approval by the Larimer County Planning Commission.

Mr. Christopher Fasching, consultant for the project, stated that the stretch of Highway 34 being addressed in the plan extends 25-miles and includes 9 municipalities. The portion within Larimer County is 2.5-miles in length. Over time, Mr. Fasching continued 111 accesses to Highway 34 would be eliminated.

Commissioner Gibson stated his only objection to the plan is that there is no consideration for future development or citizens to cover the cost of the interchange improvements if CDOT is not able to allocate funding.

Chair Bender noted that there is no public present to comment.

Chair Bender expressed his support for the plan and that he shares Commissioner Gibbons' concern.

MOTION

Commissioner Gibson moved that the Board of County Commissioners recommend that the Planning Commission adopt the US 34 Access Control Plan and that they consider, that at the time "Level C" is attained, the interchanges within Larimer County be installed.

Mr. Fasching stated that the stipulation would cause delay of the plan as well as a future financial burden to the other municipalities, developers and citizens. Mr. Fasching suggested the stipulation be noted as a "goal" instead

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 3:40 p.m.

TUESDAY, MARCH 11, 2003

ADMINISTRATIVE MATTERS

(#145 & 146)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Bill Nestlerode, Sheriff's Office; K- Lynn Cameron and Jerry White, Open Lands; George Hass, County Attorney; Claudia DeLude, Planning Department; Jerry Blehm and Dr. LeBailly, Health Department; Myrna Rodenberger, Treasurer's Office; Donna Hart, Deni La Rue, Melinda Keen, and Neil Gluckman, Commissioner's Office; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. DISCUSSION WITH OWNERS OF CREATURE COMFORT ANIMAL RETREAT REGARDING NOISE COMPLAINTS: Mr. Lancaster briefed the Board regarding past discussions with adjacent neighbors of the retreat and noted that the complaints to the Sheriff's Department have increased. The owners, Mr. Lancaster continued had submitted an application for an animal day-care, which was proposed to be a totally enclosed building and was anticipated to reduce noise from the dogs. However, due to the number of complaints received, the Planning Department informed them that they would be required to address the noise. Mr. Rick Zier, attorney for the owners, stated that four summons have been received recently and that at their own expense, the owners hired a Noise Consultant in an effort to mitigate the noise. Commissioner Gibson stated that the kennel was established long before residential development occurred adjacent and above the kennel. Much discussion ensued regarding the topography of the 15-acre parcel and the number of residents complaining. Commissioner Rennels suggested the Board send a letter to Sheriff Alderden noting that the matter is pending in the court system and recommending that citations cease until such time the court makes a ruling. The Board concurred. Commissioner Rennels excused herself from the remainder of the meeting due to another commitment.

3. APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 3, 2003:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of March 3, 2003 as presented and with noted typographical error.

Motion carried 2 - 0.

4. REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 17, 2003: Ms. Hart reviewed the schedule with the Board.

5. CONSENT AGENDA:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the consent agenda:

03112003A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COUNSELING AND FORENSIC PSYCHOLOGY FOR PSYCHOLOGICAL SERVICES FOR USE AND BENEFIT OF THE SHERIFF'S OFFICE

03112003A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DON KEHN CONSTRUCTION FOR CONSTRUCTION OF NORTH FAIRGROUND AVENUE FROM CROSSROADS BLVD TO CR 30 (Project #253)

02112003A003 WARRANTY MEMORANDUM BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RON PIETRAFESO, JOHN SANTERAMO, GARY L AND PATRICIA J MARSH AND MOUNTAIN RIVER RANCH ESTATES HOMEOWNERS ASSOCIATION FOR THE MOUNTAIN RIVER RANCH ESTATES CONSERVATION DEVELOPMENT

03112003R001 FINDINGS AND RESOLUTION APPROVING THE BUCKHORN MEADOWS CONSERVATION DEVELOPMENT

03112003R002 RESOLUTION APPROVING AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE BLOCK FOUR

03112003R003 FINDINGS AND RESOLUTION APPROVING A BOUNDARY LINE ADJUSTMENT FOR FRANK AND MARY WILLETS

03112003R004 FINDINGS AND RESOLUTION APPROVING A BOUNDARY LINE ADJUSTMENT AND REZONING FOR ROCKMOUNT COTTAGES

03112003R005 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT FOR SWEET

03112003R006 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT FOR OLDHAM

03112003R007 FINDINGS AND RESOLUTION APPROVING THE PETR SUBDIVISION

03112003R008 RESOLUTION REGARDING RELEASE OF COLLATERAL FOR MOUNTAIN RIVER RANCH ESTATES CONSERVATION DEVELOPMENT

03112003R009 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR TERRY DEATON MRD, LOT 4, AMENDED PLAT AND EASEMENT VACATION

MISCELLANEOUS: Wilson Homestead MLD

LIQUOR LICENSES: The following licenses were approved Loveland Country Store- 3.2%- Loveland, CO and Total #4133- 3.2%- Loveland, CO.

Motion carried 2 - 0.

  1. EXECUTIVE SESSION

MOTION

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 10:05 a.m. and cited 24-6-402(4)(f) C.R.S.

Motion carried 2 - 0.

Clerk Note: Due to a mechanical error; this session did not record, however the only topic discussed was that cited. County Mgr. _____; Chair _____; Clerk to the Board ______

Executive session ended at 10:20 a.m.; no action was taken.

7. PROJECT AGREEMENT FOR ELK AND VEGETATION MANAGEMENT/ ENVIRONMENTAL IMPACT STATEMENT FOR ROCKY MOUNTAIN NATIONAL PARK (RMNP) AND VICINITY: Mr. Lancaster stated the project agreements' purpose is to prepare documentation for RMNP for use and compliance with the amended National Environmental Policy Act of 1969 in an effort to address the population of Elk in and around the Park and the Town of Estes. There are several partners involved in the project, Mr. Lancaster continued of which Larimer County would be considered an "Extended Partner". Mr. Lancaster recommended that Larimer County approve the agreement and participate as an extended partner in the project.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Project Agreement for Elk and Vegetation Management/ Environmental Impact Statement for Rocky Mountain National Park and Vicinity as presented.

Motion carried 2 - 0.

03112003A004 PROJECT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ROCKY MOUNTAIN NATIONAL PARK, COLORADO DIVISION OF WILDLIFE, ESTES PARK, ESTES VALLEY RECREATION & PARKS DISTRICT, ARAPAHO & ROOSEVELT NATIONAL FORESTS, U.S. BUREAU OF RECLAMATION, GRAND LAKE, AND GRAND COUNTY

8. WORK SESSION: Dr. LeBailly and Mr. Blehm provided the Board with an update regarding the West Nile Virus (WNV) and strategies to be considered if 2003 is a bad year for the virus. Mr. Gluckman stated that the proposed plan calls for providing education and information to citizens, especially in rural area. Dr. LeBailly recommended the Board have a "hip pocket plan" in the event 2003 proves to be a bad year for WNV.

Mr. Lancaster stated that the Senior Management Team has met with the Retirement Board and is suggesting that the County Retirement Plan be reviewed. Mr. Lancaster suggested the program be evaluated further and include other elected officials in an effort to address the philosophy of and objectives of the retirement plan.

Ms. La Rue showed a video to encourage citizen participation on County Boards and Commissions.

9. COMMISSIONER REPORTS: The Board noted their attendance at events last week.

  1. LEGAL MATTERS: None

11. EXECUTIVE SESSION: (# 147)

MOTION

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 11:15 a.m. and cited 24-6-402(4)(a) C.R.S.

Motion carried 2 - 0.

Executive session ended at 11:25 a.m.; no action was taken.

There being no further business, the meeting adjourned at 11:25 a.m.

MEETING WITH PARKS AND OPEN LANDS

(#146)

The Board of County Commissioners met with K-Lynn Cameron, Open Lands Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Meegan Flenniken, Jerry White and Gary Buffington, Parks and Open Lands; and Jean O'Connor, Recording Clerk.

Ms. Cameron stated that staff is proposing a Management Plan Implementation Process and an Acquisition Process for the Board's review. However, Ms. Cameron continued, staff is recommending that the processes not be adopted at this time, and the Board authorize a "test period" to ensure all pertinent steps have been included.

Ms. Flenniken explained both processes to the Board and the stages of review for a project dependant upon the level of controversy. Commissioner Rennels asked that the Open Lands Advisory Board as well as the Commissioners/ County Manager, be kept abreast of any decisions made by the Resource Stewardship Team or Management Staff/Director, so as not to be taken by surprise if a citizen inquires about a particular project. All concurred.

The second item, Ms. Cameron noted is the acquisition of the Fossil Creek- Siegmund/99-89 open space. This is the last parcel to be purchased in the 454-acre regional park area, Ms. Cameron stated. The parcel is 10-acres is size, and is a partnership purchase between the County and the City of Fort Collins, of which the County portion is $220,000 from the Open Space Sales Tax fund.

The Board commended staff for their patience and perseverance with this particular parcel.

MOTION

Commissioner Rennels moved that the Board of County Commissioners authorize the purchase of the 10-acre Siegmund property and allocation of $220,000 from the Open Space Sales Tax fund for said purchase.

Motion carried 3 - 0.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve and authorize the Chair to sign a resolution for the purchase of the 10-acre Siegmund property.

Motion carried 3 - 0.

03112003R10 RESOLUTION FOR THE PURCHASE OF THE SIEGMUND 10-ACRE PARCEL IN THE FOSSIL CREEK AREA

WEDNESDAY, MARCH 12, 2003

LIQUOR LICENSE HEARING

RYAN KENNETH WORKMAN

Dba: Club Static

The Board of County Commissioners met with Linda Connors, Assistant County Attorney; Chair Bender presided and Commissioner Gibson was present. Also present was Jean O'Connor, Recording Clerk.

Ms. Connors stated that this is a hearing for the extension of a temporary permit for 60-days to allow State issuance. Ms. Connors also requested Ms. O'Connor notify the applicant when the license is to be presented to the Board for local issuance on the consent agenda.

MOTION

Commissioner Gibson moved that the Board of County Commissioner extend a temporary permit to Ryan Kenneth Workman for a period of 60-days.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 3:40 p.m.

____________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

___________________________

Jean M. O'Connor, Clerk to the Board

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