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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, June 2, 2003

LAND USE HEARING

(#173)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Geniphyr Ponce-Pore, Matt Lafferty, Al Kadera, Claudia DeLude, and Larry Timm, Planning Department; Roxann Hayes, Engineering Department; Doug Ryan, Health 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.

1. PINEWOOD SPRINGS 7TH FILING LOTS 177B AND 184 AMENDED PLAT AND EASEMENT VACATION: NW 1/4 28-4-71 WEST

This is a request to amend the plat of Lots 184 and the "Res" lot; Pinewood Springs 7th Filing and Easement Vacation, in order to reconfigure the common lot line and vacate the utility easement. Staff recommendation is approval with the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature 1. The Final Plat shall be recorded by December 2, 2003 or this approval shall be null and void; 2. Technical changes as requested by Dale Greer shall me made prior to recordation of the plat.

2. GARDELS MINOR RESIDENTIAL DEVELOPMENT (MRD) AMENDED PLAT: NE 1/4 OF 19-05-68; LOCATED ALONG THE SOUTH SIDE OF COUNTY ROAD 20 (E. 1ST STREET), APPROXIMATELY 1/4 MILE EAST OF COUNTY ROAD 11H

This is a request for an amended plat to reconfigure the lots within the Gardels MRD, and to remove a portion of the property and add it to the adjacent metes and bound parcel. Staff recommendation is 1. The Amended Gardels MRD will not create any new lots; 2. The resulting lots will conform to the minimum lot size requirements FA (Farming) Zoning classification. There are no and will be no non-conforming issues created by this action; 3. The proposed amended plat will not create any non-conforming setbacks; 4. The proposed amended plat will not change any existing drainage or access patterns; 5. All existing covenants and deed restriction applicable to the properties in question will remain in effect as noted on the proposed amended plat. Staff recommendation is approval with the following condition and authorize the Chairman to sign the plat when presented for signature 1. All conditions shall be met and the Final Plat recorded by December 12, 2003 or this approval is null and void.

3. GARDELS MINOR LAND DIVISION: 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 create 3 lots from an existing 124-acre property. With the exception of Lot 1, which will contain the existing residence on the property, the other two lots will be for future development by separate applications. Staff findings are 1. The Amended Gardels MRD will not create any new lots; 2. The resulting lots will conform to minimum lot size requirements FA (Farming) Zoning classification. There are no and will be no non-conforming issues created by this action; 3. The proposed amended plat will not create any non-conforming setbacks; 4. The proposed amended plat will not change any existing drainage or access patterns; 5. All existing covenants and deed restriction applicable to the properties in question will remain in effect as noted on the proposed amended plat. Staff recommendation is approval subject to the following conditions and authorize the Chairman to sign the plat when presented 1. Prior to the recordation of the Final Plat for the Gardels Minor Land Division the applicant shall address the technical issues found in the referral letter from Dale Greer of the Larimer County Engineering Department dated April 24, 2003; 2. Lots 2 and 3 of the Gardels MLD shall remain undeveloped until such a time when a development review application is approved for certain use of the lots.

MOTION

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

Motion carried 3 - 0.

4. VAN SICKLE ZONING VIOLATION: 611 ARAPAHO ROAD, LIVERMORE

Ms. DeLude stated that the property owner has requested an extension for this violation since he has submitted plans to an architect. Mr. Jack Van Sickle, property owner, noted that he had hoped the plans would be returned today and requested approval of an extension so he could submit the plans for a building permit.

MOTION

Commissioner Gibson moved that the Board of County Commissioners table the Van Sickle Zoning Violation to July 14, 2003 at 3:00 p.m.

Motion carried 3 - 0.

5. LARIMER COUNTY-CITY OF LOVELAND INTERGOVERNMENTAL AGREEMENT REGARDING GROWTH MANAGEMENT

Mr. Timm stated that an email had been received from the City of Loveland requesting this item be tabled at least 60-days so the entities could continue discussions.

MOTION

Commissioner Rennels moved that the Board of County Commissioners table the Larimer County/City of Loveland Intergovernmental Agreement to August 11, 2003 at 3:00 p.m.

Motion carried 3 - 0.

6. KNOLL APPEAL (EXEMPTION): A PORTION OF THE NORTHWEST 1/4 OF SECTION 09, TOWNSHIP 07 NORTH, RANGE 69 WEST - LOCATED ON THE EAST SIDE OF OVERLAND TRAIL APPROXIMATELY 1/4 MILE NORTH OF LAPORTE AVENUE.

This is an appeal to allow use of the Minor Land Division process to change the status of a 12.8 acre parcel of land which is not considered a legal lot to a legal lot, where the Larimer County Land Use Code requires application through Section 5.1 -Subdivision process. Staff recommendation is approval subject to the following condition 1. The applicant must submit for review and approval a Minor Land Division application to ensure compliance with the standards and requirements of the Larimer County Land Use Code, including the Section 8 standards.

Commissioner Gibson asked why this item was not on the consent agenda and Mr. Lafferty clarified that the request is an appeal and therefore a decision for the Board.

Mr. Patrick Knoll, the applicant, stated that he agrees with staff and noted that water and sewer are available at the site.

Chair Bender noted no public present for this item.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Knolls Appeal as requested and outlined above.

Motion carried 3 - 0.

7. LUBIN ZONING VIOLATION: 13118 N. COUNTY ROAD 9

Ms. DeLude stated that she had received a call from the property owner's attorney requesting this item be tabled for 60-days.

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

MOTION

Commissioner Rennels moved that the Lubin Zoning Violation be tabled to August 4, 2003 at 3:00 p.m. unless the property owner submits a variance application to the Planning Department before that time.

Motion carried 3 - 0.

8. WHITMAN ZONING VIOLATION: 209 SKYWAY, FORT COLLINS

This is an alleged violation of Section 4.1.1: The FA-Farming zoning district does not permit outdoor storage and Section 4.3.10:Outdoor storage is not permitted per the home occupation regulations. Staff findings are 1. The property is zoned FA-Farming; 2. Home occupations are permitted in the FA-Farming zoning district; 3. The property owner runs a small engine repair business from the attached garage, as a home occupation; 4. Recreational vehicles and lawn mowers are stored outside as a result of the home occupation, which has resulted in a zoning violation; 5. The FA-Farming zoning district does not permit outdoor storage; 6. The continued use of the property, in violation of the zoning regulations, will affect property values in the area. Staff recommendation is to 1. Find that a violation exists; 2. Require compliance within 90 days. Compliance would require that all outdoor storage cease and the business use be required to remain in compliance with the Home Occupation regulations; 3. Authorize legal action if the deadline is not met.

Ms. DeLude stated that much of the property adjacent to this parcel is zoned C-Commercial but this parcel is not. The current use, Ms. DeLude continued, exceeds the Land Use Code definition of a "Home Occupation" due to the storage of vehicles. Mr. Kadera noted that much of the area on south US Highway 287 is zoned C-Commercial.

Mr. Randy Whitman, the property owner, stated that he has been dealing with this situation since 1993, and that it is no wonder businesses are moving out of Larimer County. This parcel, Mr. Whitman continued, is surrounded by C-Commercial zoning and there is storage of vehicles at the adjacent U-Haul business, so why does staff discriminate against his business.

Mr. Kadera stated that the U-Haul business leases/rents vehicles stored on the parcel, which is different than storing vehicles for clients until such time they choose to use them.

Commissioner Rennels asked if a re-zoning to C-Commercial would make the business legal and Mr. Kadera stated that in order to accommodate the storage of vehicles, Mr. Whitman would need I-Industrial zoning with a Special Review.

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

Commissioner Gibson stated that storage is the issue and should be able to be resolved, but the property is in violation as it is. Commissioner Rennels stated that the City of Fort Collins is not ready to annex this area and the parcel needs to be re-zoned I-Industrial, which continues to be a violation as it is. Chair Bender agreed.

MOTION

Commissioner Gibson moved that the Board of County Commissioners find a violation exists, require compliance within 90 days. Compliance would require that all outdoor storage cease and the business use be required to remain in compliance with the Home Occupation regulations; authorize legal action if the deadline is not met.

Motion carried 3 - 0.

There being no further business, the hearing recessed at 3:50 p.m.

LAND USE HEARING

(#173, 174, 175, 176)

The Board of County Commissioners reconvened at 6:30 p.m. with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were David Karan, Planning Department; Doug Ryan, Health Department; Christie Coleman and Mark Peterson, Engineering Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

1. OVERLAND PONDS SPECIAL REVIEW AND APPEAL: N.W. 1/4 OF SECTION 4, TOWNSHIP 7 NORTH, RANGE 69 WEST ON THE WEST SIDE OF N. TAFT HILL RD. (COUNTY ROAD 19) BEGINNING ABOUT 1/2 MILE NORTH OF VINE DRIVE (C.R. 48) AND TRENDING TO THE N.W. FROM THAT POINT

This is a request for 1. Special Review of a proposed open pit, sand and aggregate mine on land leased by Lafarge West, Inc. and 2. An appeal to Sections 1.9.2.B.3.a, 1.9.2.B.3.b, and 1.9.2.B.3.c.2 of the Larimer County Urban Area Street Standards (LCUASS). Staff recommendation is 1. Any violation of any of the following conditions may, at the County's discretion, trigger provisions of LCLUC, Section 21.2.B.2 and require the applicant to show cause why the Special Review approval should not be revoked; 2. This approval is based upon the file record and materials submitted by the applicant up to May 5, 2003 and commitments of record by the applicant except as specifically modified by any of these conditions. Final plans meeting all approved conditions must be approved by appropriate County staff prior to the applicant commencing any operation authorized by this Special Review; 3. Unless specifically noted to the contrary, all conditions apply only to the Overland Ponds Special Review; 4. Mining and extraction must be completed no later than 10 years from the date aggregate is first conveyed to the primary crusher (known below as "from first conveyance of aggregate"). Reclamation shall be completed within two years of the date of the expiration of the 10-year mining period. The applicant will notify the County Planning Department of intent to begin operations, in writing, thirty days prior to first conveyance of aggregate. Within 3 work days of first conveyance of aggregate, the applicant will notify the County Planning Department of that fact in writing; **An "Act of God" provision shall be added to this condition**; 5. Disturbed areas, whether from mining or reclamation activities, will not occur in more than two of the phases at any one time on the plan as submitted by the applicant. A phase will be considered "disturbed" from the time that active mining commences (i.e. removal of aggregate) in such phase through the completion of the replacement of topsoil in that phase.; 6. A revised landscaping plan will be submitted. Phasing of landscape planting will follow that revised landscaping plan which will indicate that landscaping will be done in the following order: Phase 4, Phase 5, Phase 3, Phase 2, Phase 1. Planting of each mining phase will be completed no later than 60 days from the first conveyance of aggregate from the previous mining phase; 7. Hours of operation for the primary crusher will be 7:30 a.m. to 5:00 p.m. Monday through Friday. Equipment warm-up may begin at 7:00 a.m. Monday through Friday and clean up and maintenance of equipment may occur until 6:00 p.m. Monday through Friday. Weekend hours for equipment maintenance only will be Saturday from 8:00 a.m. to 2:00 p.m.; 8. Applicant will hold quarterly meetings with interested neighbors as part of a community outreach program on the third Wednesday of the first month in each quarter (January, April, July, October); 9. Applicant will hold meetings with County staff, at least annually but more frequently if requested by County staff. The intent of these meetings will be the same as the neighborhood meetings. This would allow County staff to stay abreast of operations and phasing as they occur, as well as changing conditions that potentially affect operations. Lafarge will be responsible for arranging dates and times for an annual meeting with the Planning Department. The Planning Department will be responsible for ensuring the appropriate County staff attend; 10. This proposal is to sustain existing operations south of the Poudre River on the west side of Taft Hill Road. Therefore, at any one time, only one primary crusher will be located on the Overland Pond site. Only one secondary crushing plant will be located on the adjacent, Home Office Pit site at any one time; 11. Conveyors, rather than trucks, will be the primary means of transport of material on site; 12. Lafarge West, Inc. must contract with a qualified consulting firm to develop a protocol to provide annual noise monitoring for the subject site. Lafarge will provide full funding for development of the protocol, monitoring and reporting of results. To ensure objectivity, the consultant shall be approved by the County and the contract will provide that the County is a third-party beneficiary and as such is entitled to receive all information provided Lafarge pursuant to the contract. The protocol must include a statistically valid sampling plan. The monitoring protocol will be submitted for County approval within sixty days of Special Review approval. The County Planning Department with technical advice from County Health must approve the protocol within 60-days of receipt. The results of monitoring under the approved protocol will be reported to the County Planning Department by the consulting company at intervals specified under the approved protocol but no less frequent than once per year from the effective date when monitoring begins. The results of the monitoring will be reviewed by the County Planning Department and Health staff at least annually. This condition applies for the full term of this Special Review approval; 13. Show cause hearing triggers. A "show cause" hearing pursuant to LCLUC, Section 21.2.B.2 shall be held upon the occurrence of any of the following events in any given year a) If the County Planning Department with the technical advice of County Health determines the monitoring referenced in condition 12 above demonstrates three material violations of the specific quantitative limits of the County's Noise Ordinance; or b) On three occasions County Health, acting on a noise complaint, verifies a material violation of the specific quantitative limits of the County's Noise Ordinance; or c) The County Health Department, acting on noise complaints, verifies three separate violations of the non-quantitative "noise disturbance" section of the Noise Ordinance; The County Planning Department shall be responsible for notifying LaFarge of any complaints within 72-hours of receipt of a complaint or material violations. Infraction follow up. In the event that the monitoring (implemented as specified above) demonstrates any material violation of the specific quantitative limits of the County's Noise Ordinance, additional sampling specified in the protocol will be implemented by the consulting company. If County Planning or Health determines that additional monitoring detects more than 1 violation in the specified additional sampling period, a "show cause" hearing pursuant to LCLUC, Section 21.2.B.2 shall be held; Court action. The County reserves the right to pursue court action and/or to impose fines pursuant to its regulations for any violation by the applicant of the County's Noise Ordinance whether such violation is verified by the consulting company doing the monitoring or by County enforcement staff; Material violation determination. The determination of what constitutes a "material" violation in any given situation shall be made by the County staff specified under "Show Cause Hearing" and "Infraction Follow-up" above; 14. The applicant has agreed that some of the following provisions may apply to both the adjacent existing (Home Office Pit) operation of the applicant and the operation of Overland Ponds. If a provision applies to both, it will be denoted by the phrase "Combined Operation" at the end of the provision. a) Diesel generators used to power the processing equipment at the Home Office Pit site shall be replaced with electric grid power no later than one year from the date the aggregate is first conveyed to the primary crusher. A notice of commencement of such conveyance will be submitted to the County Planning Department at least 30 working days prior to actual commencement. (Combined Operation); b) The applicant shall provide a telephone response line to allow community members an opportunity to report concerns related to the mine operation. A report summarizing the complaint log and resulting responses shall be forwarded to the Planning Department on an annual basis. This response line is intended to augment County staff's ability to respond to complaints it receives directly. (Combined Operation but with breakout of complaints by site if one site or the other is mentioned in the complaint.); c) The primary crusher will be shielded (see enclosed Description of Equipment Shielding and Backup Beepers) (Overland Ponds site); d) The loader will be equipped with a discretionary backup alarm and all of the equipment will be operated below existing ground surface as much as is practicable. (Overland Ponds); e) Discretionary backup alarms will be used in all areas and on all equipment where the applicant can effectively manage the safety issues associated with the use of the alarms. (Overland Ponds); f) The secondary crushers shall be shielded. (Home Office Pit site); g) Rubber bumpers on transfer points on the conveyors and the plants shall be installed. (Combined Operation); h) The number of transfer points on the conveyor and the plant shall be minimized as much as practicable. (Combined Operation); i) The crush/wash plant's generator exhaust systems shall be shielded (see enclosed Description of Equipment Shielding and Backup Beepers) (Home Office Pit site); j) A berm, between 20-30 feet high, has been completed between applicant's existing operation and the Poudre Trail. Erosion control and weed management protocols will be used to maintain the berms. (Home Office Pit Site); k) Applicant will provide ongoing education to its workers that backup alarms are to be used only after 7:00 a.m. or when safety demands it. (Combined Operations); l) As much as is practicable, applicant will stage its mobile equipment to face out from electrical outlets used for winter engine warming so that the equipment can be driven away without triggering back-up alarm. (Combined Operations); 15. State air emission permits shall be obtained prior to starting operations, and shall be complied with during the operation of the mine. Lafarge will research and file an annual written report to Planning whether or not any new technology (e.g., forms of spraying superior to water) has been developed that can reduce dust entrainment. Specifically, the goal should be to minimize possible nuisance, visible dust accumulations in nearby homes whether or not the dust creates any health hazard or exceeds any specifically permitted levels; 16. Specification of berm heights around the pits and the geometry of sight lines from the subdivisions south of the pits as well as from Taft Hill Road will be submitted with the final plans; 17. The applicant will decrease the projected groundwater rise through the installation of a sub drain system in Phase 1 and the system will be installed prior to the reclamation of Phase 1. The sub drain system design will be approved by Engineering prior to installation; 18. A letter from the Arthur Ditch Company or their representative stating there are no unresolved issues must be submitted before first conveyance of aggregate or a determination made by County Engineering that no further information is warranted, whichever comes first. State stormwater discharge permits shall be obtained prior to starting operations, and shall be complied with during the operation of the mine; 19. Wildlife: buffers, meandering shorelines and slope gradient (Ms. Liley committed to meandering shorelines during this hearing): a) A buffer or setback of 100' from the Riparian Zone edge parallel to and along the north side of the Larimer #2 and Mercer ditches will not be disturbed by any mining or other activities associated with mining and reclamation. The tree drip line is defined as the Riparian Zone edge. b) The mine face and reclamation slope will be a minimum of 200' from the Riparian Zone edge. c) Activities allowed between 100-feet and 200-feet of the Riparian Zone include access roads, overburden tripping, temporary stockpiling of overburden materials, weed management, seeding and other erosion control measures, landscaping, reclamation of slopes, and other similar activities needed to conduct the mining and reclamation of the site. d) Activities allowed between 100-feet and 200-feet of the Riparian Zone are subject to the following conditions A. All activities must take place within the Permit Boundary as shown on the Mining Plans approved by the Division of Minerals and Geology; B. The Riparian Zone will be monitored by a qualified wildlife specialist once in the period between April 1 and May 31 and once in June each year for the presence of active raptor nests or as designated by the Division of Wildlife. The monitoring will be in place until the completion of reclamation of Phase III. Annual reports on monitoring will be sent to the County Planning Department; C. If the monitoring identifies active raptor nests for any year prior to any disturbance on Phase III, all overburden stripping, temporary stockpiling, and reclamation activities on Phase III will be conducted outside the nesting period of March 1 through June 30; 20. A maximum threshold(s) on the amount of traffic using the access to the Lafarge processing facility on the west-side of Taft Hill Road will be determined by County Engineering based on the extended traffic report such that all movements meet Level of Service D or better. This Level of Service criteria is based on Section 8.1.5 of the LCLUC. This traffic threshold will take into account any traffic generated by projects outside the scope of this Special Review as well as the traffic generated by this project, which use the existing access on the west side of Taft Hill Road. This is done in order to demonstrate that the net amount of traffic expected to use this access does not exceed Larimer County's safety criteria as listed in Section 8.1.5 of the LCLUC. If at any time, it is determined by Engineering during the operations on this site, that this maximum safe traffic threshold is exceeded; the applicant will reduce the traffic or have the following deadlines for bringing the road up to the Level of Service standards: a) The applicant will be given three months to submit a traffic study which outlines the improvements needed to bring the intersection into compliance with Section 8.1.5 of the LCLUC; b) The applicant will then have 6 months to submit construction drawings for the improvements outlined in the traffic study; c) Finally, the applicant will have 6 months from County Engineering approval of the construction plans to construct the necessary improvements provided that the Planning Director (see LCLUC Section 4.5.5) or County Engineering may allow additional time for problems beyond the applicants control (e.g. inclement weather); 21. The traffic memo will be expanded to be a complete traffic report listing a site description and including complete appendices showing the calculations used to derive the outcomes of the report; 22. The southbound right turn deceleration lane required in LCS Transportation Consultants, Inc.'s 2/6/03 memo referenced in Engineering's 5/8/03 memo will be constructed prior to first conveyance of aggregate from the first phase of the mining operation unless prohibited by weather conditions, at which time staff and the applicant will agree to a new completion date; 23. The applicant will provide letters prior to any disturbance of the site (as defined in #5) from all entities having utility lines that traverse the property documenting that the applicant has addressed all issues related to preservation of, and access to, sewer lines (discussed in Fort Collins Utilities 11/29/02 comment letter) and any other utilities crossing the site; 24. The Transportation Capital Expansion Fee associated with this project will be paid prior to first conveyance of aggregate from the first phase of the mining operation.

Mr. Karan detailed the application for the Board and noted that the Division of Wildlife (DOW) has changed their opinion regarding the buffer and will now allow a 75-foot limited intrusion but not during the nesting season. Ms. Coleman cited 5 recommendations of the Engineering Department as follows 1. Sub-drain to reduce water to historic levels; 2. Level of Service threshold "D" at the site access; 3. Traffic report submission; 4. Southbound right turn lane improvement; and 5. Transportation Capital Expansion Fees to be paid prior to the 1st conveyance of aggregate from Phase 1.

Ms. Mary Harnett, representative of the applicant, stated that the proposed application is better than the original due participation in the "Issues Group" by staff and neighbors. Ms. Harnett stated the five-property owners would like to briefly address the Board.

Mr. Ron Treiber stated that his parents' property has been farmed for 39-years and that mining of the site is necessary to meet the demand of development. Mr. Treiber further noted that LaFarge has been a good neighbor over the years and restoration of the site will be a benefit to the area.

Mr. James Warson noted that the property owners choose "Water Storage" as the way to reclaim the land after mining is complete to provide open space, which will benefit the community. Mr. Warson stated that Mr. Duvall, from DOW has lowered the buffer area and requests that the Board recognizes and approve the revision.

Mr. Daniel Glass stated that the 5-property owners had to deal with the noise of the developments adjacent to the site in the past.

Mr. Kenneth Hilt stated that the crushing at the current site is not as disturbing as the adjacent residential developments with kids, dogs barking, and the fact that residents have taken it upon themselves to utilize the ditch rider road, which also disturbs his animals.

Ms. Linda Hilt stated that she works the night shift and prior to the adjacent residential development, had no problem sleeping during the day, even with the crusher use.

Ms. Harnett noted several benefits of the project and that the 200-foot buffer edge in the riparian zone would be totally avoided and only limited intrusions within the 100-foot buffer. The applicant also agrees to monitor the nesting areas and would limit activity during those months nesting is taking place.

Ms. Harnett stated that the Planning Commission unanimously approved crushing from 7 a.m. - 5 p.m. and allowed maintenance from 8 a.m. - 2:00 p.m. on Saturday and requested the Board look at this recommendation as opposed to that of staff.

Noise Monitoring: Ms. Harnett noted that this condition has never been imposed and that the approval of protocol by staff is unreasonable. Ms. Harnett requested this requirement be removed if no "Show Cause" citation received within the 1st three years of operation.

As far as minimal use of "back-up" beeping devises, the applicant will adjust their use to the extent possible without compromising safety. Ms. Harnett further noted that the Division of Minerals and Geology has approved the project.

Ms. Lucia Liley, attorney for the applicant, distributed a copy of the staff recommendations, those recommended by the Planning Commission and modifications proposed by the applicant and reviewed each with the Board.

At this time the hearing was opened to the public and Mr. Andy Mowery requested the Board approve the hours of operation as proposed by staff since they are necessary for minimal disturbance to the neighbors.

Ms. Lousiann Levy expressed concerns with safety issues on Taft Hill Road and requested the Board consider requiring all traffic to go north on Taft from the pits and require LaFarge to fully finance all alterations to Taft Hill Road.

Ms. Sue Radford recommended that the Board delete the condition regarding the mining duration timeframe; approve the hours of operation at 8:00a.m. - 5:00 p.m.; and address the traffic thresholds for Taft Hill as a whole. Ms. Radford expressed concern that the reason LaFarge is so agreeable to the proposed conditions is because the County can't enforce many of them. Ms. Radford also requested the Board adopt a "Neighborhood Financial Compensation Plan," which would require LaFarge to pay residents each time a violation of the noise ordinance occurred.

Mr. Drew Stoll requested the Board require the applicant to modify their landscape plan in that as proposed, it would not benefit the area. Mr. Stoll made suggestions to improve the plan.

Ms. Mary Elizabeth Lanahan stated that the conditions proposed by staff are more acceptable to area residents, most notably the hours of operation. Ms. Lanahan also made the following requests of the Board: 1. Development of a Master Plan for the Poudre River Corridor; 2. A means of enforcement of conditions of approval; 3. Support for the Bike Trail; 4. Encouragement of a more "natural" reclamation plan.

Mr. Dwane Viney stated that he hauls for LaFarge and noted that many times hauling can not be done in the winter months and requested approval for longer hours of operation.

Mr. David Duffey noted there would be a substantial financial impact to employees with shorter operation hours and that once work is complete at Horsetooth Dam, traffic would diminish greatly.

Ms. Marylou Smunk stated support for the application even though her residence is adjacent to the project.

Mr. Todd Williams, a representative of the City of Greeley Water Resources, noted the viability of water storage at the site as a reclamation plan.

Mr. Mike DiTullio, stated that the reclamation plan has been dubbed "SmartStorage" and will have several benefits to citizens of Larimer and Weld Counties.

Mr. Tim Lahnert submitted letters noting the affect on wages if hours shortened.

Mr. Steve Cary stated that the Issues Group has met monthly since 2000 and that the applicant has made many concessions and hopes the group would continue to work with the applicant in the future.

Mr. Tom Bershon stated that he is 150-feet from the site and he is in support of the hours of operation as proposed by LaFarge.

Mr. Gill Paben submitted a letter of support from the Home Builders Association of Northern Colorado.

Mr. Curt Bergener stated that traffic to and from the Horsetooth project should cease this year and noted that shorter hours of operation would add more trucks and cause congestion on Taft Hill Road.

Mr. Charles Baker stated his support for the project as proposed by LaFarge and that the reclamation plan would be a natural community separator and long term benefit to the area.

Mr. Bill Seaworth stated that he has been around mining for 44-years and that LaFarge has been a good neighbor. Mr. Seaworth stated that the other mining operation in the area, Aggregate Industries, is the cause of much of the noise and that LaFarge has always had an open door policy and acted on any neighbor complaint or concern in a timely fashion.

Mr. Dave Sitzman, Secretary of the Poudre River Trust, noted support for and encourages approve of the project.

Ms. Lenahan clarified that she does not object to trucks starting at 7 a.m. but does mind the crusher.

Mr. Mark Lender, authorized to speak on behalf of Trout Unlimited, stated that he is constantly asked about fishing in the Poudre and stated that the situation would not improve without a "bucket at the bottom". The reclamation plan would provide that bucket and Trout Unlimited is in support of the project.

Ms. Liley stated that the comment made, "LaFarge agree with conditions because staff can't enforce, is unjustified and has no basis.

Mr. Kevin Moore, Manager of Operations, stated that the shorter hours of operation would cause the loss of over 100,000-tons of material a year and requested the Board approve 7:00 a.m. - 5:00 p.m.

Ms. Harnett stated that, in rough calculations, the cost to LaFarge for the concessions made are more than the start-up cost of the Super Wal-Mart or one million dollars. Ms. Harnett also noted that the traffic report is ready for the site; the citizen suggested landscape modifications are not acceptable since the plants require so much water; LaFarge does and will comply with the laws; and that reclamation on previously approved projects has been completed with the exception of one site, for which mining is just about complete.

Mr. Karan stated that upon quick review of the revised proposed conditions submitted by the applicant, staff is in agreement with exceptions to the hours of operation, landscaping phases, and the intrusion to the wildlife buffer.

Much discussion ensued regarding these three exceptions.

Mr. Mowery stated that staff has been consistent in their recommended hours of operation and requested that their recommendation be approved.

Ms. Radford stated that berms would not mitigate noise for residents on the hill.

Mr. Stoll stated the crusher and operations in the pits would impact residents and noted people sleep until 8:00 a.m. and requested a like start time.

At this time the hearing was closed to the public and the Board discussed each recommendation individually and amended, if necessary, as outlined above.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Overland Ponds Special Review as amended and outlined above.

Motion carried 3 - 0.

Second request: Appeal to Sections 1.9.2.B.3.a; 1.9.2.B.3.b; and 1.9.2.B.3.c.2 of the Land Use Code. Staff recommendation to the appeal of Sections 1.9.2.B.3.a; 1.9.2.B.3.b; and 1.9.2.B.3.c.2 of the Land Use Code is approval and require a letter of commitment from the applicant for $75,000 to be paid when improvements begin or by the end of this project; which ever comes first.

Ms. Coleman briefed the Board on the improvements required by LaFarge and noted an approximate cost of $610,000; however Engineering staff has proposed a "Fee in Lieu" of $75,000. Ms. Harnett stated there is no objection to paying the $75,000, however, LaFarge feels the payment should be made at the time improvements occur, not up front Ms. Harnett listed the contributions LaFarge has made to Larimer County with the bridge replacement, donation of right-of-ways, materials, etc. and excluding labor, these contributions exceed $46,000.

Ms. Radford stated that LaFarge is the world's largest supplier of construction materials and should be required to pay for all improvements.

Ms. Lanahan noted in excess of 600 vehicle trips per day on Taft and expressed safety concerns with pedestrians trying to get to the bike path. Ms. Lanahan stated that she did not believe LaFarge should be required to "foot" the entire bill.

Mr. Mowery stated that improvements are needed and believes a compromise can be achieved sooner than later.

Mr. Moore stated that safety is the #1 issue for LaFarge and that the company is willing to pay a fair share when improvements take place.

Commissioner Rennels asked when Taft Hill is scheduled for improvements and Mr. Peterson stated hopefully within the next 10-years, but that the $75,000 figure is today's value and would likely increase substantially in later years.

Commissioner Gibson stated that the money should be received up front and that the County would never "catch-up" on road improvements if we continue to wait for funding.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the appeals as requested and require a letter of commitment from the applicant for $75,000 to be paid when improvements begin or by the end of this project; which ever comes first.

Motion carried 2 - 1; with Commissioner Gibson Dissenting.

There being no further business, the hearing adjourned at 11:45 p.m.

TUESDAY, JUNE 3, 2003

ADMINISTRATIVE MATTERS

(#177 & 178)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Lucille Montelli and Rob Reeve, Greeley Stampede Committee members; Gary Buffington, K-Lynn Cameron, and Jerry White, Open Lands; Claudia DeLude, Planning Department; George Hass, County Attorney; Melinda Keen and Deni La Rue, Commissioner's Office; and Jean M. O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Ms. Joanne Greenwalt addressed the Board with concerns regarding improvements of a publicly dedicated right-of-way. Ms. Virginia Brown addressed the Board regarding fluoridation of the drinking water.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 26, 2003:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of May 26, 2003 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULES FOR THE WEEKS OF JUNE 9 AND 16, 2003: The Board reviewed the schedules with Mr. Lancaster.

4. CONSENT AGENDA:

MOTION

Commissioner Rennels moved that the following items be approved as presented on the consent agenda:

06032003R001 RESOLUTION REGARDING RELEASE OF COLLATERAL FOR EAGLE RANCH ESTATES PLANNED UNIT DEVELOPMENT

LIQUOR LICENSES: The following license was approved both for renewal and issuance: Gateway Liquors, Inc- Retail- Loveland, CO.

Motion carried 3 - 0.

5. GREELEY STAMPEDE PROCLAMATION: Ms. Montelli and Mr. Reeve presented the Board with a proclamation proclaiming June 28, 2003 as Larimer County Day at the Greeley Stampede.

6. EXPENDITURE FOR EAGLE RIDGE/ELLIS CONSERVATION EASEMENT: Ms. Cameron requested approval for the acquisition of a 70-acre conservation easement at Eagle Ridge/Ellis Ranch and authorize the expenditure of $184,000 from the Open Lands Acquisition Fund.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the expenditure of $184,000 from the Open Lands Acquisition Fund to acquire the 70-acre Eagle Ridge/Ellis Ranch Conservation Easement.

Motion carried 3 - 0.

7. ABANDONED SINGLEWIDE MOBILE HOMES: Ms. DeLude requested funds to remove two singlewide mobile homes from the County right-of-way. Staff is unable to locate the owner of one home, Ms. DeLude continued, and the Sheriff's Department has stated that the owner of the other will be incarcerated for a very long time. The Board directed staff to determine an approximate cost to remove and dispose of the homes and at which time Mr. Lancaster would determine the source of the funding. Mr. Hass requested staff obtain a letter from the mobile home owner granting/ acknowledge disposal of the home.

MOTION

Commissioner Rennels moved that the Board of County Commissioners authorize funds to remove and properly dispose the structures; source of funding to be determined.

Motion carried 3 - 0.

8. APPOINTMENTS TO BOARDS AND COMMISSIONS: Ms. Keen requested approval of the following appointments and re-appointments to County Boards (waiver of term limits is noted with an *) Board of Health: Leonella Thielen-5-years commencing July 1, 2003 and expiring June 30, 2008. Community Corrections Advisory Board: *Laurie Barnhill, *Ann Harbour, *Judith Scalles, Clifford Riedel, and *Steve Schapnski-2-years each commencing July 1, 2003 and expiring June 30, 2005. Juvenile Community Review Board: *Ron Ayres, *Beth Dickson, Andy Josey, Barbara Keyser, and Michelle Leschinsky 3-years commencing July 1, 2003 and expiring June 30, 2006; and Ruth Carrothers 1-year commencing June 3, 2003 and expiring June 30, 2004. LaPorte Area Planning Advisory Committee: Carla Brookman, Robert Havis and Kent Painter 3-years commencing July 1, 2003 and expiring June 30, 2006. Office on Aging: *Steve Budner, *Ray Martinez, *Stan Ulrich, William Benton, Carolyn Funk, Elnora McCloughan, and Thomas Nix 3-years commencing July 1, 2003 and expiring June 30, 2006; Rita Dykstra and Karen Reinhardt 1-year commencing July 1, 2003 and expiring June 30, 2004; and Gerry Hinks and Carl Rehme 2-years commencing July 1, 2003 and expiring June 30, 2005.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the appointments and re-appointments to County Boards as presented and outlined above.

Motion carried 3 - 0.

9. WORK SESSION: Mr. Lancaster briefed the Board on the status of the Elk Study in Estes Park.

Mr. Lancaster noted that Mr. Gluckman will be organizing a Boards and Commissions training session to reiterate or educate members on the duties and purposes of County Boards.

Mr. Lancaster reiterated that there would be no Administrative Matters next week.

10. COMMISSIONER REPORTS: The Board noted their attendance at events the previous week.

11. LEGAL MATTERS: Mr. Hass requested approval of an agreement to extend the contract with Jean Batchelder in Facilities from June 3, 2003 to June 3, 2004.

MOTION

Commissioner Rennels moved that the Board of County Commissioner approve the extension of the contract with Jean Batchelder as presented and requested.

Motion carried 3 - 0.

06032003A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JEAN BATCHELDER FOR EXTENSION OF CONTRACT

Mr. Hass informed the Board that Pueblo County recently won a court case regarding term limits for the District Attorney in that it is to be considered a local issue not a State wide issue. Mr. Hass suggested discussions with Jackson County and the District Attorney's for both Counties and decide if a "Brief" should be filed.

There being no further business, the meeting adjourned at 11:15 a.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.