MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, July 26, 2004

LAND USE HEARING

(#87)

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Sean Wheeler, Matt Lafferty and Geniphyr Ponce-Pore, Planning Department; Doug Ryan, Health Department; Roxann Hayes, Engineering Department; Gael Cookman, Deputy Clerk; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

Ms. Cookman requested the Board approve the recommendations of the Board of Equalization referee for July 19, 21 and 23, 2004.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the recommendations of the Board of Equalization referee as requested and presented.

Motion carried 3 - 0.

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

  1. DANIEL-WARNER MINOR LAND DIVISION: 36-06-70: ON THE EAST SIDE OF CR #25E SOUTH OF MASONVILLE AND NORTH OF THE U.S. HIGHWAY 34 AT THE INTERSECTION OF CR 25E AND ORCHARD ROAD

This is a request to divide previously approved residential uses on Parcel A of the Keeton Exemption, along with an appeal to the Section 5.4.3 of the Land Use Code, to allow an Exemption Tract to be divided as a Minor Land Division. Staff findings include 1. The Daniel-Warner MLD is consistent with the review criteria and standards of Section 5.4 (Minor Land Division) of the Larimer County Land Use Code, provided the applicant complies with all conditions of approval; 2. The Daniel-Warner MLD is part of a previously recorded exemption. Staff supports approval of an appeal to the review criteria to allow this property to be subdivided as a Minor Land Division; 3. The Daniel-Warner MLD will meet the minimum lot size requirements for the O-Open Zone District where it is located, as the applicant has received approval from the Board of Adjustment for a lot size variance; 4. The parcels created can meet the minimum access standards of the County Engineering Department; 5. The Daniel-Warner MLD will not result in any negative impacts to surrounding properties or uses. Staff recommendation is A. Approval of an appeal to Section 5.4.3 of the Land Use Code, to allow Tract A of the Keeton Exemption to be divided as a Minor Land Division, and B. Approval of the Daniel-Warner Minor Land Division, Planning File #04-S2314, subject to the following conditions and authorize the Chair to sign the plat when presented for signature: 1. The Plat for the Daniel-Warner Minor Land Division shall be consistent with the approved plan and with the information contained in File #04-S2314 except as modified by the conditions of approval or agreement of the County and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Daniel-Warner Minor Residential Development; 2. No additional access permits shall be approved onto County Road 25E; 3. All conditions shall be met and the Final Plat recorded by 1-26-05, or this approval shall be null and void.

2. AMENDED PLAT OF LOTS 3, 4 AND 5 OF THE SOUTH 13TH SUBDIVISION: A PORTION OF THE NW 1/4 OF SECTION 12; T6N; R69W; MORE SPECIFICALLY LOCATED ON THE NORTH SIDE OF BUENO DRIVE, APPROXIMATELY 1/8 MILE EAST OF HIGHWAY 287

This is a request for an Amended Plat to combine Lots 4 and 5 of the South 13th Subdivision and to establish cross access easements on Lot 3 and the combined lot of lots 4 and 5. Staff findings are 1. The proposed Amended Plat for Lots 3, 4 and 5 of the South 13th Subdivision complies with the review Criteria of the Larimer County Land Use Code for Amended Plats; 2. The proposed Amended Plat for Lots 3, 4 and 5 of the South 13th Subdivision will not adversely affect the surrounding properties or the natural environment. Staff recommendation is approval of the Amended Plat of Lots 3, 4 and 5 of the South 13th Subdivision (#04-S2310) subject to the following conditions and authorize the Chair to sign the plat when presented for signature: 1. Prior to the Recordation of the Amended plat the applicant shall resolve all of the issues raised by Dale Greer as found in the referral letter from the County Engineering Department dated June 22, 2004; 2. All conditions shall be met and the Final plat recorded by January 26, 2005 or this approval shall be null and void.

3. AMENDED PLAT OF LOT 1 OF THE GARDELS MINOR RESIDENTIAL DEVELOPMENT (MRD): 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 of Lot 1 of the Gardels Minor Residential Development to create a 9.3-ac lot for public purposes (expansion of the Platte Rive power Authority Electric Substation). Staff findings are 1. The new Lot created by the Amended Plat of Lot 1 of the Gardels MRD is for the Public benefit; 2. The resulting lots will conform to the minimum lot size requirement for the 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 of File #04-S2305, the Amended Plat of Lot 1 of the Gardels Minor Residential Development subject to the following conditions and authorize Chair to sign the plat when presented for signature: 1. All conditions shall be met and the Final Plat recorded by January 26, 2005 or this approval is null and void; 2. Prior to the Recordation of the Amended plat the applicant shall resolve all of the issues raised by Dale Greer as found in the referral letter from the County Engineering Department dated June 15, 2004.

4. KRAFT MINOR LAND DIVISION: A PORTION OF THE NE 1/4 OF SECTION 20, TOWNSHIP 8 NORTH, RANGE 68 WEST; MORE SPECIFICALLY LOCATED AT THE SOUTHWEST CORNER OF COUNTY ROADS 56 AND 9

This is a request for a Minor Land Division to amend the 132 acre Tract A of the Cramer Exemption to create two Lots, one being a 4.57 acre Lot for a single family residential use, and the other being a 128.03 acre Lot that will remain vacant subject to a conservation easement. Staff findings are 1. The Kraft Minor Land Division, although part of a previously approved exemption, provides a significant public benefit; 2. Access to the property will comply with current standards as set forth by the County Engineering Department; 3. The Kraft Minor Land Division would not result in impacts greater than those of existing uses surrounding the property. Staff recommendation is approval subject to the following conditions and authorizes the Chair to sign the plat when presented for signature: 1. All conditions shall be met and the Final Plat recorded by January 26, 2005 or this approval shall be null and void; 2. A Final Plat for the Kraft Minor Land Division shall be prepared and submitted for review with the technical standards of the Larimer County Land Use Code for such an application; 3. The following shall be noted on the Final Plat: "Lot __, is encumbered by a Conservation Easement with the Larimer County Parks and Open Land Department, and shall remain undeveloped in perpetuity, unless otherwise permitted by the Conservation Easement."

MOTION

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

Motion carried 3 - 0.

Item tabled from June 28, 2004:

5. CRYSTAL LAKES 16TH SECTION 8.1.5 APPEAL: SW 06-10-73; LOCATED EAST OF CRYSTAL LAKES 5TH FILING AND NORTH OF CRYSTAL LAKES 3RD FILING, OFF OF NAVAHO ROAD

This is a request for an appeal to Adequate Public Facilities Section 8.1.5 Road Capacity and Level of Service Standards requiring improvements to the existing transportation system. Mr. Helmick noted that the applicant has requested and staff concurs, that this item be tabled to September 20, 2004 at 3:00 p.m.

MOTION

Commissioner Bender moved that the Board of County Commissioner table the Crystal Lakes 16th Appeal of Section 8.1.5 to September 20, 2004 at 3:00 p.m.

Motion carried 3 - 0.

6. RAVENCREST BIBLE COLLEGE SPECIAL REVIEW AND APPEAL REQUESTS: SECTION 34, TOWNSHIP 5 NORTH, RANGE 72 WEST, NORTH AND ADJACENT TO THE INTERSECTION OF CR 122 AND ALPINE DRIVE, AND THE MEADOWDALE SUBDIVISION, APPROXIMATELY THREE MILES DUE EAST OF ESTES PARK

This is a request for a non-public school in the O-Open District accommodating up to 120 students on approximately 26 acres; an Appeal to Section 4.3.E.1 of the Larimer County Road Manual regarding vertical alignment, and an Appeal to Section 8.1.5.A, regarding level of service for safe and adequate access.

Ms. Ponce-Pore briefed the Board on the application and stated that staff is recommending conditional approval of the expansion and appeal to Section 4.3.E.1 of the Land Use Code, but denial of the appeal to Section 8.1.5.A of the Land Use Code.

Mr. Wayne Weisman, the applicant stated that he agrees with staff on 13 of the 14 conditions, but has a problem with #14 for which Mr. Sheldon would explain.

Mr. Lonnie Sheldon, engineer for the applicant stated that there are three concerns with conditions #14. 1. The vertical alignment, however staff has agreed this is a "housekeeping" issue, therefore no longer a concern. 2. Site distance: Mr. Sheldon stated that the proposal is currently 16-feet short of meeting the site distance requirement and the applicant is proposing mitigation by providing a 1-inch overlay at the apron, which would raise the drivers view and therefore exceed the site distance requirement. 3. Installation of a left turn lane off SH 36. Mr. Sheldon stated the traffic engineer would address this concern. Mr. Matt Delich stated that a traffic study was performed during peak hours, and the results provided that impacts related to the Bible College amounts to 1 or 2 additional vehicles per hour. Mr. Delich stated that the traffic study results also prove the proposal is at a Service Level A, not C as suggested by staff.

Commissioner Gibson asked what CDOT had to say about the proposal. Mr. Delich stated that if this were a CDOT project, they would not require the left turn lane because it does not meet their standards and is actually 20% below their requirements.

Mr. Sheldon stated that the applicant has adequately addressed the left turn lane issue and provided that the proposal already meets the County Service Level A standards and therefore an appeal to Section 8.1.5.A of the Land Use Code is not necessary.

Mr. Ron Vogel, original owner of the property prior to development, stated that when he developed, the County required that he dedicate, what was then his driveway, as a public access. The majority of impact, Mr. Vogel continued to the road is from Meadowdale Hills Subdivision and the general public's desire to access the forest and not from the college.

Ms. Robin Telford, resident of Meadowdale Hills stated that there are 169 parcels in the subdivision and these residents contribute far more impact to the road and intersection. Ms. Telford suggested that as the vacant lots develop, perhaps they could contribute to the cost of the turn lane and as well as the public visiting the forest.

Commissioner Bender asked if CDOT has any responsibility toward the turn lane and Ms. Hayes replied that Larimer County owns Pole Road and CDOT allows us access off State Highway 36. Ms. Hayes further noted that staff believes this project trips the threshold requiring the turn lane.

Chair Rennels asked if any correspondence had been received from CDOT and Ms. Hayes stated that many emails had been exchanged. Ms. Hayes further clarified that staff reviewed the proposal as though it were an entirely new facility, not just the expansion portion.

Commissioner Gibson stated that he doesn't believe the turn lane is necessary and Commissioner Bender noted that there isn't really any negative impact. Chair Rennels stated that since the apron exists to allow vehicles to pass on the right of a turning vehicle, she also does not believe the turn lane is needed.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Ravencrest Bible College Special Review #00-Z1368, for a non-public school in O-Open Zone District and the Appeal to Section 4.3.E.1/Maximum Grade of the Larimer County Road Manual as presented.

Motion carried 3 - 0.

MOTION

Commissioner Bender moved that the Board of County Commissioner approve the appeal to Section 8.1.5.A of the Land Use Code and modify condition #14 to read as follows: Prior to issuance of a certificate of occupancy, the applicant shall construct a 1-inch overlay on the apron of Pole Hill Road at the intersection of State Highway 36.

Motion carried 3 - 0.

Staff recommendation is approval of File #00-Z1368, a request for a Special Review Permit for a non-public school in O-Open Zone District and approval of the Appeal to Section 4.3.E.1/Maximum Grade of the Larimer County Road Manual with the following conditions: 1. Operation of the Ravencrest Chalet Bible College Special Review shall be as specified in the representations of the applicant and in the information contained in file #00-Z1368 unless modified by conditions of approval; 2. The plans submitted by the applicant constitute a Site Specific Development Plan. All proposed improvements shall be constructed in strict compliance with these approved plans and shall be consistent with the information contained in the file #00-Z1368; 3. Prior to recordation of the Development Agreement, a Deed Restriction shall be drawn up that specifies that the lot and the portion of the adjacent lots that comprise this Special Review will not be sold separately or this Special Review shall become null and void; 4. Prior to issuance of the first building permit the applicant shall execute a Final Development Agreement for approval by the County to be recorded in addition to the Findings and Resolution of the County Commissioners. The Development Agreement shall specify details of the project including, but not limited to, completion and maintenance of all improvements and plans required to serve the project; 5. Facility operation, structures, and land at the Ravencrest Bible College shall at all times be in compliance with the Forest Management Plan; 6. Prior to issuance of the first building permit, the applicant must follow the specific recommendations of the Larimer County Wildfire Specialist, including the creation of defensible space around all pre-existing structures; the use of heavy timer construction and a Class A roofing material for all new structures; and areas within 200 feet of the proposed structures footprint shall be thinned to the fire mitigation objectives defined in the forest management plan; 7. Prior to issuance of the first building permit, the applicant shall create a weed management plan (to be reviewed by Larimer County Weed District) that includes the revegetation of all disturbed areas with native vegetation; 8. The applicant shall remove wildlife attractants and assuring all food sources and trash containers are properly secured from wildlife; 9. Documented proof that all permits required by the State of Colorado Health and Human Services have been approved shall be provided to the Larimer County Health Department prior to the issuance of the first building permit for the expansion; 10. The operator shall maintain a license from the Colorado Department of Human Services for the summer youth camp program; 11. Plans for the water system shall be approved by the County and State Health Departments prior to issuance of building permits for the dorm, lecture hall or dining hall, and treatment and distribution systems shall be installed and operational prior to issuance of certificate of occupancy; 12. Permits for the new sewer systems need to be issued by the County Health Department prior to the issuance of building permits for the new dorm, lecture hall or dining hall; 13. Plans for the dining hall and any other satellite food services operations shall be approved by the County Health Department prior to issuance of the first building permit; 14. Prior to issuance of a certificate of occupancy, the applicant shall construct a 1-inch overlay on the apron of Pole Hill Road at the intersection of State Highway 36. And staff recommends approval of the Appeal to Section 8.1.5.A of the Larimer County Land Use Code.

There being no further business, the hearing adjourned at 3:55 p.m.

TUESDAY, JULY 27, 2004

ADMINISTRATIVE MATTERS

(#88)

The Board of County Commissioners met at 9:30 a.m. with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Donna Hart and Deni La Rue, Commissioners' Office; Gael Cookman, Clerk's Office; Lt. Pat McCosh, Sheriff's Department; Tony Simons, Wildfire Safety Specialist; George Hass, County Attorney; K-Lynn Cameron, Jerry White, Gary Buffington; Parks Department; Brian Pierson, Bureau of Reclamation; Brian Warner and Jerry Westbrook, Northern Colorado Water Conservancy District; and Jean M. O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 5, 2004:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of July 5, 2004 as presented.

Motion carried 3 - 0.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of July 12, 2004 as presented.

Motion carried 2 - 0; Commissioner Bender abstained since he was not present.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of July 19, 2004 as presented.

Motion carried 2 - 0; Chair Rennels abstained since she was not present.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 2, 2004: Ms. Hart reviewed the schedule with the Board.

4. CONSENT AGENDA:

MOTION

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

07272004A001 SUB-CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE VILLA AT GREELEY, LLC FOR OUT OF COUNTY RESIDENTIAL PLACEMENT FOR OFFENDERS FROM OTHER JUDICIAL DISTRICTS

07272004A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO OFFICE OF ECONOMIC DEVELOPMENT, ECONOMIC DEVELOPMENT COMMISSION (Funding for marketing Enterprise Zone Development)

07272004A003 WARRANTY MEMORANDUM BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE SUMMIT CREST SUBDIVISION HOMEOWNERS ASSOCIATION FOR THE SUMMIT CREST SUBDIVISION

07272004A004 FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BLUE MOUNTAIN HOLDINGS, LLC FOR THE FARM AT BLUE MOUNTAIN MEADOWS

07272004A005 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GLENN RIDGE ESTATES, LLC FOR GLENN RIDGE ESTATES SUBDIVISION

07272004A006 CHANGE ORDER LETTER TO AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE

07272004A007 CONVEYANCE OF PERMANENT SLOPE EASEMENT TO LARIMER COUNTY BY RICKY D. VAN VLEET

07272004R001 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY AND DRIVEWAY EASEMENT IN GLACIER VIEW MEADOWS 12TH FILING LOTS 238 AND 239

07272004R002 FINDINGS AND RESOLUTION APPROVING THE GRAYBILL PLANNED UNIT DEVELOPMENT BUSINESS CONDOMINIUMS

07272004R003 RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF THE LARIMER COUNTY POUDRE OVERLOOK PUBLIC IMPROVEMENT DISTRICT #30

MISCELLANEOUS: Glenn Ridge Estate Final Plat; Letter of support for Great Outdoors Colorado Grant application; Approve reimbursement of arbitration to petitioner Gary Clifford; Department of Human Services payments for June 2004; Juvenile Accountability Incentive Block Grant Plan for fiscal year 2003; Letter of support for Juvenile Accountability Block Grant Funding.

LIQUOR LICENSES: The following licenses were both approved and issued Dal-Rae's High Country Inn- Tavern- Red Feather Lakes, CO and The Rock Dance Club- Tavern- Fort Collins, CO

Motion carried 3 - 0.

5. APPROVE INCREASE IN DETENTION CENTER BOOKING AND RELEASE FEE: Lt. McCosh informed the Board of recent legislation which allows booking centers to increase fees charged to convicted inmates from .50 to $30 and that the bill also dictates how the Sheriff must allocate funds collected. Lt. McCosh stated that 20% must be spent on community based mental health or addiction treatment programs, 20% for law enforcement training, and 60% to defray costs of processing prisoners into and out of custody. Commissioner Gibson stated that an inmate is innocent until proven guilty, so why collect the fee up front. Lt. McCosh stated that the exact procedures for collection/refund have not been established and Chair Rennels stated that fees are not to be collected until the procedures have been established and a copy sent to the Board.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve increasing the booking and release fee from .50 to $30

Motion carried 3 - 0.

6. WILDFIRE SAFETY GRANT AWARD UPDATE: Mr. Simons informed the Board that his grant application requested $85,000 but since the Federal Government reduced the total amount to be allocated, Larimer County received only $18,000. The reduction in funds, Mr. Simons continued means that programs supported in the past would not be funded this time and that the funds would be used for new development fuel treatment programs on a limited basis. Chair Rennels made note to Mr. Gluckman, that discussions need to take place to make the "loop" complete for the slash program. The County, Chair Rennels continued requires residents to thin and remove slash piles, yet there is no mechanism in place to assist citizens in getting rid of the slash piles. By this, Chair Rennels explained, perhaps Road and Bridge could pick up the slash piles. Mr. Simons stated that he already receives assistance from a shared position at Emergency Services and from the Alternative Sentencing Unit. Chair Rennels believed that additional discussions should take place to see if creative alternatives exist in light of the reduced award. The Board thanked Mr. Simons for the update.

7. RECOGNITION OF COUNTY PARKS FIFTY-YEAR ANNIVERSARY: Mr. Buffington introduced Mr. Pierson, Mr. Warner and Mr. Westbrook and noted the 50-year partnership between the Bureau of Reclamation, Northern Colorado Water Conservancy District and Larimer County has been very successful through the years. Mr. Pierson stated the first contract with the County was signed in 1954 for Horsetooth, Carter, Pinewood and Flatirons Reservoirs. Recreation at these reservoirs has been a tremendous success due to the dedicated staff of the Parks Department. Commissioner Bender also wanted to recognize former Parks Director, John MacFarland. Mr. Warner stated that 1884 was the first time the legislature tried to address bringing water over the mountains, but it didn't become a reality until 1937 with the assistance of the Bureau of Reclamation. Mr. Westbrook stated that it has been an exciting 30-year career and this partnership has served the community well. Chair Rennels also expressed her appreciation of the partnership and the dedication of staff as well as the numerous volunteers within the Parks system. Without the volunteers, Chair Rennels continued Larimer County Parks would not be as successful today. At this time Mr. Buffington introduced the Parks Department staff that were present.

8. WORK SESSION: Mr. Gluckman noted that in past years the County has contributed money toward the purchase of an animal at the State Fair in support of 4-H and requested the Board allocate $100 from the Special Projects Fund.

MOTION

Commissioner Bender moved that the Board of County Commissioners allocate $100 from the Special Projects Fund toward the purchase of an animal at the State Fair.

Motion carried 3 - 0.

Mr. Gluckman stated that the Board has also in the past, supported the League of Women Voters' pamphlet, which is distributed to citizens, at no cost, prior to elections. Mr. Gluckman requested approval of $250 from Special Projects Fund.

MOTION

Commissioner Gibson moved that the Board of County Commissioners allocate $250 from the Special Projects Fund to the League of Women Voters.

Motion carried 3 - 0.

Mr. Gluckman informed the Board that applicants for the Human Resources Director have been narrowed to 5 and that the Board will be a part of the review panel.

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

10. LEGAL MATTERS:

EXECUTIVE SESSION (#90)

MOTION

Commissioner Bender moved that the Board of County Commissioners go into executive session at 10:55 a.m. and cited 24-6-402(4)(a) C.R.S.

Motion carried 3 - 0.

Executive session ended at 11:10 a.m. and the following action was taken:

MOTION

Commissioner Gibson moved that the Board of County Commissioners authorize the Assistant County Manager to sign an earnest money promissory note regarding the purchase of Red Mountain Ranch from Jerry McMorris and authorize the conversion of the note to cash on or before October 15, 2004.

Motion carried 3 - 0.

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

_______________________________________

KATHAY RENNELS, 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