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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, JUly 7, 2008

 

LAND USE HEARING

(#230)

 

The Board of County Commissioners met at 3:00 p.m. with Russ Legg, Chief Planner.  Chair Gibson presided and Commissioners Eubanks and Rennels were present.  Also present were:  Rob Helmick, Toby Stauffer, Samantha Mott, and Michael Whitley, Planning Department; Christie Coleman, and Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Jennifer Stewart, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Gibson opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics. 

 

Chair Gibson then explained that the following items were on consent and would not be discussed unless requested by the Board, staff, or members of the audience: 

 

1.  ALVEY/HAHN AMENDED EXEMPTION TRACT 2 AMENDED PLAT/EASEMENT VACATION, FILE #08-S2802:  This is a request to amend Tract 2 of the Alvey/Hahn Amended Exemption by vacating a 30 foot access easement and rededicating a new access easement to facilitate the building of a new home. 

The request is to vacate an existing 30 foot access easement that is shown on the recorded plat for the Alvey/Hahn Amended Exemption.  The owners of Tract 2 wish to build a new house on the lot and they wish to relocate the road on their lot by moving it farther north on their lot.  Because it is shown as an easement on a recorded plat the easement must be vacated and rededicated.  The access easement provides access to 2 lots to the east of this lot.  By vacating a d rededicating this access easement they are not leaving any adjoining properties without access.  The adjacent property owners have been notified of this request and no objections have been made by any of the neighbors.  The new access easement will be located so that it does not create any setback problems for any existing buildings or for the proposed building.

 

 

There have been no objections voiced by surrounding neighbors.  Additionally, the following Larimer County agency has stated that they have no objections to this proposal:

 

o  The Larimer County Department of Health and Environment

o  The Larimer County Addressing Coordinator

o  The Larimer County Engineering Department specified several conditions that should be addressed.  (refer to Eric Tracy’s letter dated June 10, 2008)

o  Dale Greer, Land Surveyor of the Larimer County Engineering Department (refer to his letter dated June 4, 2008) identified several required corrections to the plat.

 

The proposed plat amendment to vacate a 30 foot access easement and rededicate it elsewhere on the lot will not adversely affect any neighboring properties or any County agency.  The access easement will be rededicated on the north portion of the lot and therefore will not leave any adjoining lots without access.  The Team finds that the easement vacation request meets the requirements of the Larimer County Land Use Code. 

 

The Development Services Team recommends approval the Amended Plat of Tract 2 of the Alvey/Hahn Amended Exemption and Easement Vacation (File #08-S2802) subject to the following conditions and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   All conditions of approval shall be met and the Final Plat recorded by January 7, 2008, or this approval shall be null and void.

2.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

3.   The vacation of the existing easement and the rededication of the new easement shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded.

4.   Prior to recordation of the Final Plat the applicant shall include a note on the plat stating that the lot will still be subject to the same restrictions, covenants, and regulations as set forth in the plat of record for the Alvey/Hahn Amended Exemption.

5.   Prior to recordation of the Final Plat revise the plat to read ‘Lot 1’ instead of ‘Tract 2’.

6.   Prior to recordation of the Final Plat include a 15-foot utility easement where the existing power line is crossing the property.

7.   Prior to recordation of the Final Plat revise the title of the plat to read ‘Amended Plat of Tract 2 of the Alvey/Hahn Amended Exemption’.  Revise the Surveyor’s Certificate and Certificate of Ownership and Dedication to match the title.

8.   The newly proposed access easement shall be entirely on this lot.

9.   At no time can access to Tracts 3 and 4 be encumbered, therefore, temporary access to Tracts 3 and 4 must be in place prior to issuance of a building permit for the new single family dwelling.

10.   The applicant must apply for a Private Road Construction Permit prior to issuance of a building permit for the new single family dwelling.

11.   The building will not receive a final certificate of occupancy until the Private Road Construction Permit has been approved, the new road is constructed and certified, and the existing drive is abandoned and reseeded.  The Larimer County Rural Area Road Standards – Appendix G guidelines should be followed.

12.   The proposed ingress/egress and utility easement shall be revised to be 40 feet in width.

 

2. CRYSTAL LAKES 12TH FILING LOTS 207 AND 208 LOT CONSOLIDATION/EASEMENT VACATION, FILE #08-S2804:   This is a request for lot consolidation to combine two contiguous lots and vacate the 20-foot utility easement located along the common lot line of lots 207 and 208 of Crystal Lakes 12th Filing PUD.  If approved, the recording instrument will be a Finding and Resolution from the Board of County Commissioners.

There have been no objections to this proposal voiced by surrounding neighbors.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:

·  The Larimer County Department of Health and Environment

·  The Larimer County Engineering Department

 

The proposed Lot Consolidation for lots 207 and 208 of Crystal Lakes 12th Filing PUD and easement vacation will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots.  The staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Lot Consolidation of Crystal Lakes 12th Filing PUD Lots 207 and 208, File # 08-S2804, and the vacation of the 20-foot utility easement located along the common lot line for lots 207 and 208 subject to the following conditions:

 

1.   All conditions of approval shall be met and the final resolution of the County Commissioners recorded by January 7, 2009 or this approval shall be null and void.

2.   The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

3.   The vacation of the utility easement and the reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded. 

 

3.  THOMPSONS LAKESIDE LOTS 4 AND 5 AMDENDED PLAT, FILE#08-S2807:  This is a request for an amended plat to adjust to lot lines between Lots 4 and 5 of the Thompson’s Lakeside Subdivision.  The request is will have the effect of separating two existing dwellings currently on Lot 4 so that each dwelling in on it own lot.  Access to the properties will remain as currently exists, but will require a shared access easement and maintenance agreement. Finally, approval of this request will not create any additional lots.

 

The Larimer County Department of Health and Environment and Engineering Department did not object to the request.  However, prior to the recordation of the final plat, the application will need to address minor revisions and additions to the plat will be necessary to satisfy minor engineering related concerns with the access and survey standards identified during this application review.  The Utility Providers did not object to the request.

 

Staff findings are as follows: 

A.  The proposed amended plat complies with the Larimer County Land Use Code.

B.   The proposed amended plat is compatible with other development in the surrounding area.

C.  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.

D.  The amended plat will not adversely affect property values in the surrounding area.

 

The Development Services Team recommends Approval of the Amended Plat of Lots 4 and 5 of the Thompson’s Lakeside Subdivision, File # 08-S2807, subject to 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 January 14, 2009, or this approval shall be null and void.

2.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

3.   Prior to the recordation of the Final Plat the applicant shall provide a shared access maintenance agreement and shall illustrate on the Final Plat a shared access easement for the two lots.

 

M O T I O N

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

Motion carried 3-0.

 

4.  YODER SUBDIVISION LOT 13 AND 14 AMENDED PLAT AND FEE APPEAL, FILE #08-S2803:  This is a request for two items:  1.   An Amended Plat to add 20’ of Lot 13 to Lot 14. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.  2. Fee Appeal – a request to waive the requirement to pay the $600 Planning Department application fee.

The applicant’s request is to amend the plat of Yoder Subdivision, Lots 13 & 14, to add 20’ of Lot 13 to Lot 14. The lots have been in this configuration for over 30 years. The deed of the property and legal description are current and correct, however, the boundary of the lots has never been changed. The County has approved prior development actions on this lot in this configuration without comment on this boundary line discrepancy.

 

There have been no objections to this proposal voiced by surrounding neighbors.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:

 

§  Department of Health and Environment

§  Code Compliance Section

§  Addressing Section

§  Engineering Department Development Review Team

§  Assessor’s Office

 

The proposed plat amendment to adjust lot lines between Lots 13 and 14 of Yoder Subdivision will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code.

In response to the fee appeal, the Planning Department recommends that all fees be paid. The application fee for any project supports the Planning Department function and the County budget. Development application fees allow the staff to process the application, review materials, arrange for public hearings, and provide notice to the public about the development action as required by state law.

 

Request 1:  The Development Services Team recommends Approval of the Amended Plat of Lots 13 & 14 of Yoder Subdivision, File # 08-S2803, subject to the following condition:

 

1.   All conditions of approval shall be met and the final resolution of the County Commissioners recorded by January 7, 2009, or this approval shall be null and void.

 

Request 2:   The Development Services Team recommends Denial of the fee appeal.

 

Ms. Stauffer stated that staff was in agreement with the proposal, and that they only issue in question was that regarding the request for a fee appeal.  She explained that the applicant is requesting that the fee be waived since this should have been caught and corrected long ago. 

 

The applicant, Reid Jacob, stated that he is the third owner of this property in 43 years, and after five transfers of the two properties involved, someone should have caught this error and corrected it.   Mr. Jacob stated that he is retired now and the extra $600 would be a hardship on him.

 

There was no pubic comment on this item.

 

Commissioner Eubanks asked how the discrepancy was discovered.  Ms. Stauffer stated that it is something that should have been noticed and rectified by a planner 9 years ago when the applicant came in for a different building permit.  The Board supported the waiver of fees since it was something that should have been caught in years past. 

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the Amended Plat of Lots 13 & 14 of Yoder Subdivision, File # 08-S2803, subject to the condition as outlined above.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the request for a fee appeal relating to the Yoder Subdivision, File #08-S2803.

 

Motion carried 3-0.

 

5.   TEN BEARS WINERY FEE APPEAL, FILE #08-G0155:  This is an appeal for waiver of application fees for Sketch Plan and Public Hearing Applications for a Special Review for accessory agricultural use. 

 

The applicant proposes to seek relief from all application fees for his proposed winery use.  The site located on a subdivision lot in the La Porte area is less than 35 acres.  His plan is to plant vines this year which would produce grapes several years from now.  He wishes to begin production now and then transition into using the grapes from the site when they are available.  The issues for the applicant are the cost of fees in addition to the process and the timing issue, in that if the vines were producing the use could be established as a use by right without process.  The team would note that on occasion in the past the Board of County Commissioners has allocated fee waivers to be paid from their special fund budget. 

 

If in fact the direct costs of the processing of this application are paid then the request is consistent with the review criteria.  The applicant makes a case that the payment of the fees will in fact pose a hardship that would not allow him to pursue the ultimate use of the site, a use which could be “by right”. 

 

The Development Services Team recommends Approval of the Ten Bears Winery Fee Appeal, file #08-G0155, with the condition that the direct cost of the application printing publication and postage are paid.  This is estimated to be $350.00.

 

Mr. Helmick explained the request as outlined above.  The applicant, William Conkling, stated that he intends to have a productive vineyard within five years, and will then utilize 100% of the grapes from his own vineyard to create his wines.  However, he will need to import grapes in the interim, until his vineyard is established. 

Chair Gibson opened the hearing up for public comment and Skip Roberts requested confirmation that Mr. Conkling would only import grapes until his own vineyard was established.   Mr. Conkling again stated that this would be the case.

There was no further public comment.

The Board supported the request, as it supports value added agriculture in the community, and Commissioner Rennels suggested that the Board fund the remainder of the fees above and beyond the $350 that the applicant will pay, so the Planning Department can recoup all of the associated costs related to this application.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the Ten Bears Winery Fee Appeal, file #08-G0155, as recommended by the Development Services Team, with the applicant to pay $350.00, and the balance of the fees to be paid from the Commissioners’ Special Projects Fund.

 

Motion carried 3-0.

 

6.  ENCLAVE AT EAGLE VIEW CONSERVATION DEVELOPMENT, FILE #05-S2467:  This is a request for approval of a Conservation Development Land Division on 35 acres to create 7 lots including 6 residential lots and 1 residual lot with an existing dwelling; And, appeals to Section 8.14.Q of the Larimer County Land Use Code for dead end road length.

 

This Conservation Development is on a site which originally had a development approved on several years ago.  That approval lapsed and this plan has been submitted for review.  The Preliminary plat was originally scheduled on the consent agenda because staff had only received one letter during the review form a neighbor and the applicant was in agreement with the staff review.  The plan was removed from the consent agenda at the request of one neighbor having issue with the development in general and with the use of the road.  Based on the recommendations of the staff and the testimony received at the hearing the Larimer County Planning Commission has recommended approval of the preliminary Plat and the appeal to the dead end length standard.  Due to the issues raised by a neighbor at the Larimer County Planning Commission hearing although staff and applicant are in agreement this is being placed on the discussion agenda. 

           

The Development services Team and the Planning Commission are recommending approval of the request with the conditions as detailed below.  Which action also includes a recommendation for approval of the requested appeal to section 8.14.Q of the Larimer County Land Use Code.

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Enclave at Eagle View Conservation Development Preliminary Plat and File  #05-S2467 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 Enclave at Eagle View Conservation Development Preliminary Plat.

2.   The following fees shall be collected at building permit issuance for new single family dwellings:  Thompson R-2J School District fee, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Regional Park Fees in lieu of dedication.  The fee amount that is current at the time of building permit application shall apply. 

3.   Fire Requirements –All new residential structures shall be required to install residential fire sprinkler systems. 

4.   All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation.  The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

5.   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.

6.   Revise building envelopes to coincide with the FA-1 zoning district and tie them to survey monumentation. Except for the rear setback on lots 1-3 shall be 50 feet.

7.   The final plat shall indicate and the applicant shall provide for a school bus pick up site. The site location and design shall be approved by the Thompson R2-J school District.  A cost estimate and construction collateral shall be provided as a part of the Final Plat.

8.   Prior to completion of the final plat the applicant must either have applied for and received approval for an accessory dwelling unit pursuant to section 4.3.10.F.2 of the Larimer County Land Use Code or remove the unit in coordination with the Code Compliance section. 

9.   Red Tail Hawk lane and the interior subdivision road shall be paved. Maintenance of separate roads to be proportional to use and an agreement shall be supplied and finalized as a part of the final Plat.  A geo tech analysis and road way pavement design to a County local road standard for rural area roads. 

 

 

Mr. Helmick stated that this item was scheduled to be on the consent agenda, as the applicant and staff are in agreement with the conditions; however, there are neighbors that have concerns regarding the road access and they wanted the opportunity to speak at this hearing.  Mr. Helmick also clarified that Condition 6 needed to be amended to allow a 50 foot setback on lots 1-3.  (This has been added to Condition 6 and is included in the conditions outlined above.)

Rob Persichitte, from Intermill Land Surveying and representing the applicant, stated that they are in agreement with the conditions and will respond to the neighbors concerns after public comment. 

Chair Gibson opened up the hearing for public comment and Rob Strieby, neighbor to the development, addressed the Board.  Mr. Strieby explained their concerns with the dust that will be created if the roadway that is not paved is constantly being utilized.  Mr. Strieby stated that they have requested the applicant pave the road, and they will withdrawal their objections if he agrees to do so.

There was no further public comment.

Mr. Persichitte stated that the applicant is willing to pave the road, as long as the users from Redtail Hawk Drive would agree to help with the maintenance of that portion of the roadway that they utilize.   (This has been added as Condition 9 and is now included in the conditions outlined above.)

Commissioner Rennels clarified that the applicant is not required to pave the road, and it would be somewhat of a “gentleman’s agreement” if they decided to do so.  Ms. Coleman agreed and stated that the trips per day calculated for this development are not high enough to require paving of the road.   Some discussion ensued regarding if future neighboring developments would be included in the road maintenance.  Mr. Helmick stated that the county cannot place conditions on future property owners or developments.

 

M O T I O  N

I move that the Board of County Commissioners Approve the Enclave at Eagle View Conservation Development Preliminary Plat File #05-S2467, and appeal to section 8.14.Q of the Larimer County Land Use Code subject to the conditions as revised, and outlined above.

 

Motion carried 3-0.

 

The hearing ended at 3:45 p.m., with no further action taken.

         

 

TUESDAY, JULY 8, 2008

 

 

ADMINISTRATIVE MATTERS

(#231)

 

The Board of County Commissioners met at 9:30 a.m. with Assistant County Manager Neil Gluckman.  Chair Gibson presided and Commissioners Eubanks and Rennels were present.  Also present were Donna Hart, and Deni LaRue, Commissioners’ Office; Cheryl Kolus, Solid Waste Department; Steve Burkett, Environmental Protection Agency Representative; Laurel Kubin, Maggie Shawcross, Alison Stoven, Nora Garza, Extension Office; Andy Paratore, and Michael Kirk, Facilities and Information Technology Division; Dale Miller, Road and Bridge Department; Ed Schemm, Health Department; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   There was no public comment today.

 

 

2.   APPROVAL OF THE MINUTES FOR THE WEEKS OF JUNE 23, 2008, AND JUNE 30, 2008:

 

M O T I O N

 

Commissioner  Rennels moved that the Board of County Commissioners approve the minutes for the week of June 23, 2008, as presented. 

 

Motion carried 3-0.

 

 

M O T I O N

 

Commissioner  Eubanks moved that the Board of County Commissioners approve the minutes for the week of June 30, 2008, as presented.

 

Motion carried 3-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 17, 2008:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.    CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the following items, as presented on the Consent Agenda for July 8, 2008:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petitions for Abatements are presented for approval:  Richard Bath. 

 

07082008A001           LOAN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY

 

07082008A002           WARRANTY MEMORANDUM FOR DRY CREEK RIDGE SUBDIVISION 05-S2393 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JOSEPH R. SHRADER AND DRY CREEK RIDGE HOMEOWNERS ASSOCIATION

 

07082008A003           DESIGN BUILD CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FISCHER CONSTRUCTION, INC.

 

07082008D001           DEED OF DEDICATION BY DEER FIDGE, INC. FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

07082008R001           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 4 AND 14 IN BLOCK 13 OF CARRIAGE HILLS SUBDIVISION 5TH FILING

 

07082008R002           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOT 2 IN CEDAR PARK SUBDIVISION 2ND FILING AND VACATION OF UTILITY EASEMENT

 

MISCELLANEOUS:  Conveyance of Permanent Utility Easement; Public Trustee – First Quarter Report for 2008.

 

LIQUOR LICENSES:  The following license was both approved and issued:  Villa Tatra – Beer and Wine - Lyons.

 

Motion carried 3-0.

 

 

5.    ENVIRONMENTAL ACHIEVEMENT AWARD PRESENTATION FOR THE GARBAGE GARAGE:  Mr. Burkett  presented the Environmental Achievement Award to Ms. Kolus and the Garbage Garage for their efforts in solid waste and recycling education.  Mr. Burkett noted that the Garbage Garage was unique among all the nominations they received from the six states covered by Region 8.  Ms. Kolus and her co-worker Rose Watson, education center attendant, accepted the award on behalf of the Solid Waste Department.

 

 

6.    FOOD STAMP NUTRITION EDUCATION PROGRAM:  Ms. Shawcross and Ms. Stoven presented an update for the Board regarding the use of food stamps at the Larimer County Farmer’s Market.  Ms. Stoven stated that the program, which was unveiled in 2007, encourages the purchase and consumption of healthy fresh foods.   She stated that it was very successful last year with both participants and the food vendors.  Some discussion ensued regarding the funding for the program, and Ms. Kubin stated that the staff salaries are funded through a grant from Colorado State University; however, the master gardeners that put on the Farmer’s Market are county funded.

 

 

7.    ESTABLISH VISION FOR MANAGEMENT OF FACILITES:  Mr. Kirk and Mr. Paratore presented ideas to establish a visioning process, and goals and objectives for the future use and management of county facilities.  The philosophy will incorporate the following:  Facilities Master Planning; Space Management; Workplace Management; Work Management; Property Management; and Resource Management.  The Board was very supportive of the idea and gave direction for Mr. Kirk to proceed with this visioning process.

 

 

8.  APPOINTMENTS TO THE BOARDS AND COMMISSIONS:   Ms. LaRue presented the following  recommended appointments to Boards and Commissions:

 

Estes Valley Board of Adjustment:  Robert McCreery appointed for a 3-year term beginning July 1, 2008, and expiring June 30, 2011.  Al Sager appointed for a 4-year term beginning July 1, 2008, and expiring December 31, 2011.

 

Flood Review Board:  R. Embertson and Stacy Gowing appointed for a 3-year term beginning July 1, 2008, and expiring June 30, 2011.  Chris Carlson and Gregory Koch reappointed for a 3-year term beginning July 1, 2008, and expiring June 30, 2011.

 

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the appointments and reappointments to Boards and Commissions, as outlined above.

 

Motion carried 3-0.

 

 

9.  WORKSESSION:  Mr. Gluckman, Mr. Miller, and Mr. Schemm presented four items for recommendation to be considered in the 2009 CCI Legislative Issues.  The four items included:  Annexation of Road Right-of-Ways; Relief of burden for utility locates when road grading; Grant Funding for Small Community Wastewater Construction; and Proposed Increase of Retail Food Establishment License Fees to cover the costs of conducting the Retail Food Inspection Program mandated by the State of Colorado.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve of forwarding the above listed items to the CCI Committee for consideration in the 2009 Legislative Session.

 

Motion carried 3-0.

 

10.  COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities from the past week. 

 

11.  LEGAL MATTERS:  There were no Legal Matters to discuss.

 

The meeting recessed at 11:00 a.m., with no further action taken.

 

 

 

WEDNESDAY, JULY 09, 2008

 

 

 

SPECIAL PUBLIC MEETING FOR THE

NORTHERN INTEGRATED SUPPLY PROJECT

GLADE RESERVOIR

(#232 & 233)

 

 

The Board of County Commissioners met at 7:00 p.m. with Doug Ryan, Environmental Health Planner.  Chair Pro-Tem Eubanks presided and Commissioner Rennels was present.  (Commissioner Gibson joined the meeting once it was already underway.)  Also present were:  Frank Lancaster, and Deni LaRue, Commissioners’ Office; Rob Helmick, Planning Department; Bill Ressue, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Pro-Tem Eubanks explained that this was an informational gathering meeting only, and that no decision would be made by the Board of County Commissioners at the conclusion of the meeting.

 

Mr. Ryan explained that the Draft Northern Integrated Supply Project (NISP) was released by the Army Corps of Engineers and the original 90-day public comment period ended on June 30, 2008; however, it has since been extended another 45 days.  Mr. Ryan stated that the Boards and Commissions assigned to Larimer County have done a great job in considering the information and then providing their comments to the Commissioners.  It is then the Commissioners responsibility to review all comments and respond to the Army Corps of Engineers.  

 

Mr. Helmick explained that if the Army Corps of Engineers decides to issue a water permit for the NISP then that will trigger another process for review of the project.  At that point it will become a Location and Extent review that goes before the Planning Commission and not the Board of County Commissioners, as it will be a Master Plan issue and not a Land Use Code issue. 

 

At this time Chair Pro-Tem Eubanks opened the hearing up for public comment and the following individuals spoke in opposition or voiced hesitation with the NISP proposal:  Roger Hoffmann, Greg Speer, Delores Williams, Terry Waters, Michelle Hays Johnson, Roger Faaborg, Ramone Ajero, Nancy York, Marin Chambers, Mandy Kotzman, John Gascoyne, Eric Hurman, Janet Duvall, Glen Colton, Denise Morrison, Richard Livingston, Karen Roth, Lisa Wade, Josh Metton, Karen Berkner, James Ross, Gina Janett, Gary Wockner, Mark Easter, Mark Evans, and Steve Johnson .  

 

Some of their concerns are as follows:  The possible impacts have not been adequately addressed; failure to investigate and document the cumulative effects to the Poudre River; need to consider conservation alternatives; the Poudre River is a priceless asset to the community; concerns with water quality and possible carcinogens in the water; hazards with the dam being build on fault lines; concerns with the cost to build the project; concerns with how the project could negatively affect farming in the community; concerns that the growth will not occur as anticipated; impacts regarding the proposed realignment of Highway 287; and many asked that the Board of County Commissioners consider enacting 1041 Powers in order have more input on the project.

 

The following individuals spoke in favor of the NISP proposal:  Mel Hilgenberg, Doug Kindsfater, Johannes Gessler, Oliver Richardson, Brian Werner, Gary Klaphake, and Richard Leffler. 

 

Some of their statements are as follows:  The need for water supply to support the growth that has already occurred in surrounding communities, even with the use of conservation efforts; proposal to create a bypass and a plan to move the highway to get traffic out to the Interstate; desire for the water rights to remain within Larimer County; the Poudre River is a managed river and will be enhanced by the project; it is economically feasible, it is good planning, and it will support future growth

 

Chair Pro-Tem Eubanks thanked everyone for their participation and encouraged them to submit future comments to the Commissioners at BOCC@larimer.org.  And to the Army Corps of Engineers directly. 

 

The meeting adjourned at 9:35 p.m., with no action taken.

 

 

 

 

 

________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk

 

 

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